Terms and Conditions

Conditions of design project creation:

Concerning any collateral of print or design – Whilst every precaution is taken to assure accuracy, we cannot be held responsible
for any errors or omissions overlooked at the time of proofing.

The onus of checking the copy where relevant all text, design, layout, dimensions and positioning. is on the client we require the client to print the items from your local printer then check the print thoroughly then sign and fax the proof form prior to the item going to print.

Conditions of web project creation:

Our sites are created to allow dynamic input from the client this means that the creation cost covers the actual structure and elements inherent to the build of the site but not the supply of textual content or images.
We can create edit or acquire images to be used in your project at additional cost if requested.
We can also contract a copywriter to create textual content for your site at additional cost if requested.

The site owner is responsible for the checking of the site on completion of a website ( prior to launch ) and to check that all the functions are operational report any bugs found therein.

The client has a maximum of 30 days to report the bugs thereafter it could chargeable at usual hourly rate of £50 per hour.

We will not be held responsible for any loss of business resulting from bugs or issues not reported on completion of a website ( prior to launch ) or even later on if not identified by the client.

If the site is not launched 30 days after completion it will be removed from our temporary hosting server and a fee of £250 will be charged to reinstall it.
Upon launch the payment is due.

Once the site is launched all changes are changed are at the usual hourly rate.
By prior arrangement, VMAL will allow the client Intellectual property rights to the site’s content. The code however remains copyright to VMAL Ltd. The client has the right to edit the code but not use it for any other purpose other than the site it was built to serve.
The web site remains the property of VMAL Ltd till the balance is cleared. VMAL Ltd reserves the right to deactivate the site after extended non payment.
All textual content, images etc need to be provided to us prior to the site creation. If not VMAL Ltd will not be held responsible for delays that result.

It is the clients responsibility to add content to the site. If required VMAL Ltd can add content as an extra service chargeable at the standard hourly rate.

Hosting and other external services.

VMAL is a web design and development company not a hosting company, or a provider of Hosting or email services.
We recommend selected Hosting companies to our clients but ultimately it is the clients responsibility to make that choice and choose the provider that will suit them best.
Your contract is with the hosting company who you purchased the hosting from.

We will sometimes as a gesture of goodwill aid in the setup of emails, hosting or the purchasing of the domain name from a third party but it is the clients responsibility to check that these services operate the way they should immediately after set-up.
This does not in any way make us responsible for the upkeep, speed or quality of any of these services.

In an event of a virus or any other malicious attack whether direct or automatic to your site you may request that we endeavour to remove it but it will be charged at our usual hourly rate.

If you become a target of hackers and want to scan protect your site. We can provide a Sitelock service at an annual fee or it can be purchased directly from sitelock.com.
This is a service from Sitelock and the client should familiarise themselves with the service and make an informed decision as ultimately we are not responsible for this service.

At the clients request we will store a website on our testing servers provided by Bluehost.com and will charge an annual fee.
Downtime is a not uncommon occurrence on all web servers.

We will not be held responsible for downtime or any loss of business resulting from downtime of the site regardless if held on a third part hosting server or if we have offered to host it on our own test servers.

DEFINITIONS:

Business Day means any week day, other than a bank or public holiday in England. Business Hours means between 9am and 5pm London GMT on any business day,
Client refers to the authorised signatory on this agreement as the customer of VMAL who is acting on the behalf of themselves, or representing a partnership, limited company, public limited company, charity, agency, or any other organisation or association with their authority and permission.
VMAL deems the authorised signatory to be self employed, a sole trader, employee, partnership member, volunteer, trustee or to have any other professional relation to the organisation they represent
Confidential Information means all information relating to either you or VMAL (including but not limited to information in respect of the Services (or any part of them)) which might reasonably be considered to be of a confidential nature.
Defect means a defect, error or bug having a material adverse effect on the appearance, operation or functionality of the Website but excluding any defect, error or bug caused by or arising as a result of:
[a] an act or omission of the Client, or and act or omission of one of the Client’s employees, officers, agents or sub-contractors;
[b] an incompatibility between the Website and any other application, program or software (other than aspects provided by the Client).

Delivery Date means the date for delivery of the Website based on the timetable specified in this Agreement.
Intellectual Property Rights means all trademarks, service marks, patents, know-how, copyright (including but not limited to HTML, PHP, JQuery, AJAX, XML, DHTML, SQL, Visual Basic and other source code formats, code templates and routines), design rights, database rights together with any applications to register any of the same anywhere in the world.