Terms and Conditions


AFX Design Limited
Company No: 6561812
 

Terms and Conditions

Revised: 13 April 2008
 
AFX Design reserves the right to refuse to work with any client who does not agree to the conditions set out below.

Contract
The client's approval for work to commence shall be deemed a contractual agreement between the client and AFX Design. The approval will only be accepted via email or a signed printed confirmation.

All clients wishing to engage with AFX Design must be over the age of 18 and in a financial situation where they are able to afford the costs involved.

AFX Design Intellectual Copyright

The website, graphics and any programming code remain the property of AFX Design until all outstanding accounts are paid in full. 

Any scripts, php scripts, or software (unless specifically agreed) written by AFX Design remain the copyright of AFX Design and may only be commercially reproduced or resold with the permission of AFX Design.

All graphic work produced by AFX including digital and print is under the artistic license of AFX Design. Any changes made to the design of such material must be specifically agreed with AFX Design.



AFX Design 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.

Registration Charges
All third party costs arising from the registration of a domain name shall be met by the Client. AFX Design recommend that clients register their own domain names so that they have full ownership of these but where we have registered a domain name on the client’s behalf we agree to transfer this domain name to the client immediately upon request and without charge.

Search Engine Promotion
AFX Design are not responsible for the client’s on-going website promotion. The order in which websites are ranked in the natural search results is controlled by the search engines. While we provide you the tools to aid the optimization of your site we are unable to make any guarantees about the success of any search engine promotion activity.

Cancellation
Should the client wish to cancel at any point during the process they shall remain liable for the work that has taken place and shall be invoiced accordingly.

Design Specifications
All proposed work by AFX Design will be presented in a design specification. This specification will detail what work AFX Design has agreed to carry out.

Any additions to the specification will be carried out at the discretion of AFX Design. Where no charge is made by AFX Design for such additions, AFX Design accepts no responsibility to ensure such additions are error free.

The client agrees to make available as soon as is reasonably possible to AFX Design all materials required to complete the site to the agreed standard and within the set deadline. 



AFX Design will not be liable for costs incurred, compensation or loss of earnings due to the failure to meet agreed deadlines unless implicitly agreed.

Advance Payment
A minimum deposit of 25% is required with any project before any design work will be carried out.

Quotations
The price quoted to the client is for the work agreed on the quotation only. Should the client decide that changes are required after work commences, then additional charges may have to be negotiated.

Conceptualising
Concepts can include site mock ups, graphics and design proposals. Unless previously agreed, only two concepts will be designed. You should therefore ensure that you work closely with us in the initial stages to capture your design requirements. If you do not do this we will design the website appropriately, if it is not to your taste we may not be able to rework the designs without additional charges.

AFX Design reserve the right to refuse to make a change if they feel it will lesson the quality of work by which we are associated.

Travel Time and Expenses
AFX Design reserve the right to make a charge for traveling time at our normal consultancy rates. Likewise AFX Design reserve the right to charge for traveling expenses based on 45p per mile.  

Payment
Payment of any balance will be due within 30 days of final invoice date. Full publication of Web Pages may take place only after full payment has been received. Any material previously published may be removed if payment is not received.

Future Support
AFX Design unless previously agreed will only provide support for the website as long as contracts are held.

The client is expected to test fully any application or programming relating to a site developed by AFX Design before being made generally available for use. Where "bugs", errors or other issues are found after the site is live, AFX Design will endeavour (but is not obliged) to correct these issues to meet the standards of function outlined in the specification.

AFX Design charge an additional £15 per month support fee. This fee covers the managing and hosting of the clients websites and any additional minor changes that AFX Design agree to perform.

Compliance with Ecommerce, Accessibility or Other Regulations
We design websites in accordance with the client’s specifications. It is the client’s responsibility to ensure that the website and its content comply with standing regulations. We cannot accept responsibility for any failure to comply with regulations related to accessibility, selling online or those related to a specific business or trade. We can research this on the client’s behalf upon request, but in any business where complex compliance issues exist we recommend that the client takes legal advice from their company lawyer.

AFX Design Managed Infrastructure
AFX Design takes pride in its server farm providing an advanced managed service at a reduced cost.

All databases hosted by AFX Design are backed up on a daily basis. AFX Design will only restore data where there has been a mass data corruption or a server failure.

On occasion AFX Design may help the client recover data which they have corrupted. Whilst we will endeavour to help the client (but are not obliged to) we cannot guarantee the integrity of the customer's data once the customer has made changes.

In the unlikely event of a server farm failure AFX Design will divert all their attention to restoring the client's service.

AFX Design will not be held liable for any cost incurred, compensation or loss of earnings due to a server farm failure.


AFX Design reserves the right to change or modify any of these terms or conditions at any time. Should clarification of any of the above be required please contact AFX design at info@afxdesign.com.

Anthony Luxton
CEO & President

AFX Design Limited
Company No: 6561812
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