Terms & Conditions – Definitions:

The Client: The company or individual requesting the services of Eighty3 Creative Limited.

Eighty3 Creative Limited: Primary designer/site owner & employees or affiliates.

Online Services

Whilst every endeavor will be made to ensure that the website
and any scripts or programs are free of errors, Eighty3 Creative Limited cannot accept responsibility for any losses incurred due to malfunction of the website or any part of it.


The website, graphics and any programming code remain the property of Eighty3 Creative Limited until all outstanding accounts are paid in full. Eighty3 Creative Limited cannot take responsibility for any copyright infringements caused by materials submitted by the client. We reserve the right to refuse any material of a copyrighted nature unless adequate proof is given of permission to use such material.

Any additions to the brief will be carried out at the discretion of Eighty3 Creative Limited and where no charge is made by Eighty3 Creative Limited for such additions, Eighty3 Creative Limited accept no responsibility to ensure such additions are error free and reserve the right to charge an according amount for any correction to these or further additions. The client agrees to make available as soon as is reasonably possible to Eighty3 Creative Limited all materials required to complete the site to the agreed standard and within the set deadline.


Eighty3 Creative Limited will not be liable for costs incurred, compensation or loss of earnings due to the failure to meet agreed deadlines. Eighty3 Creative Limited will not be liable or become involved in any disputes between the site owner and their clients and cannot be held responsible for any wrongdoing on the part of a site owner.

Eighty3 Creative Limited will not be liable for any costs incurred, compensation or loss of earnings due to the work carried out on behalf of the client or any of the clients appointed agents.

Eighty3 Creative Limited will not be liable for any costs incurred, compensation or loss of earnings due to the unavailability of the site, its servers, software or any material provided by its agents.


A deposit of 50% is required with any project before any design work will be carried out. Once a website has been designed and completed the final balance of payment is then due in accordance with our payment terms.


There are no exceptions to this, i.e. if the client decides they no longer want the site, as they have commissioned the work and paid a deposit they are still obliged to pay for the work that has been done. Non-payment will result in legal action being taken 
if necessary.



Database, Application and E-Commerce Development
Eighty3 Creative Limited cannot take responsibility for any losses incurred by the use of any software created for the client. Whilst every care has been taken to ensure products are problem free and accurate, the ultimate responsibility lies with the client in ensuring that all software is functioning correctly before use.
Where applications or sites are developed on servers not recommended by Eighty3 Creative Limited, the client is expected to provide or seek any information, additional software, support or co-operation pertaining to the server required in order for the application to be correctly developed. Where large applications are to be developed, it is the client’s responsibility to provide a suitable testing environment which is identical to the final production environment.


The client is expected to test fully any application or programming relating to a site developed by Eighty3 Creative Limited before being made generally available for use. Where “bugs”, errors or other issues are found after the site is live, Eighty3 Creative Limited will make all reasonable efforts to correct these issues; however if the volume of work required to make these corrections is considerable, then Eighty3 Creative Limited may make a further charge, at its own discretion.


Compatibility
Eighty3 Creative Limited will endeavor to ensure that any developed/designed site or application will function correctly on the server it is initially installed in and that it will function correctly when viewed with the web browsing software Microsoft Internet Explorer Version 6 and to an acceptable level with Mozilla browsers. Eighty3 Creative Limited can offer no guarantees of correct function with all browser software.


Website & Email Hosting
Eighty3 Creative Limited recommends that clients use the hosting service provided, either directly or sub-contracted to a third party, by Eighty3 Creative Limited. No guarantees can be made as to the availability or interruption of this service, and Eighty3 Creative Limited cannot accept liability for any losses caused by the unavailability, malfunction or interruption of this service, or any other hosting service selected by the client, or for loss of turnover, sales, revenue, profits or indirect, consequential or special loss.

Eighty3 Creative Limited reserves the right to refuse to handle in any way, material which may be deemed offensive, illegal or in any way controversial, and also to terminate the hosting service should the necessity arise.

Payment of Accounts

A pre-payment is required from any new client before any work is carried out unless a prior arrangement has been agreed to. It is Eighty3 Creative Limited policy that any outstanding accounts for work carried out by Eighty3 Creative Limited or its affiliates are required to be paid in full, no later than 30 days from the date of the invoice unless by prior arrangement with Eighty3 Creative Limited. 
Once a pre-payment is paid and work completed you are obliged to pay the balance of payment in full; with reference to web development the final balance is required upon presentation of a test website. Please note if the project is halted at anytime and we are waiting for content/information from (you) the client this may delay the progress and all work commissioned will be invoiced. Any delay in payment may result in a delayed launch, design time or print production which could affect your deadlines. Eighty3 Creative Limited are not responsible for any missed deadlines due to late/lack of content from the client.

We will contact clients via email and telephone to remind them of such payments if they are not received when due.

 If accounts are not settled or Eighty3 Creative Limited have not been contacted regarding the delay, access to the related work e.i website/design files or source files may be denied and pages from websites removed.

Late payment will be charged at 8% on top of the Bank of England’s current base rate of the total cost of the outstanding invoice. This amount will be added on to the payment for every day the payment is not received. A compensation fee will also be added to the total invoice, the amount will vary according to the invoice value. If the invoice total is under £999.99 a £40.00 charge applies, invoices under £9,999.99 a £70.00 charge applies and £100.00 will be added for invoices above £10,000.

Please view www.bis.gov.uk/files/file37581.pdf for the rules and law on the late payment legislation.

If payment is not received after one week of the due date on the invoice, any design, print or development work will be removed from the public eye. After four weeks of non payment the work will then be destroyed.


Following consistent non-payment of an invoice our solicitors will contact the client in question, with a view to taking the matter further and if needs be to seek payment through legal procedures, and if necessary court summons. We will then pass such cases to the Small Claims Court to pursue payment, non-payment can result in County Court Judgements (CCJ’s) being added to the clients credit rating.