These Terms and Conditions
apply to web design, other graphic design work and related services
including but not limited to photography and copywriting.
A separate document "Terms and Conditions (1)"
applies to Hosting and Domain Name Registration Services.
Where the context admits: "We" & "Us" includes
Oraica Ltd, 6 Bedevere Court, Hermitage Park, Wrexham, LL13 7GZ, UK or
any party acting on Oraica's implicit instructions. "You" includes
the person purchasing the Services or any party acting on your instructions.
"Services" include but are not limited to web design, other
graphic design work, photography and copywriting. Hosting and domain name
services are not included; they are covered by a separate document entitled
"Terms and Conditions (1)".
1. Acceptance
A copy of these terms and conditions must be signed by all new customers
prior to or at the time of submission of work to us, indicating agreement
to and acceptance of these Terms and Conditions.
2. Charges
Charges for services to be provided by us are defined in the project quotation.
All services require an advance payment of a minimum of forty percent
of the quotation total. Depending upon the terms laid out in the quotation,
the remaining sixty percent of the quotation total will either be due
upon completion of the work or by staged payments. Payment for services
is to be made by cheque. Cheques should be made payable to Oraica Ltd.
3. Customer Review and Approval
Oraica will provide you with an opportunity to review the appearance and
content of the website during the design period and on completion. On
completion of the project, the website will be deemed to be accepted and
approved unless you notify us otherwise within seven days of the date
we advise you that final version of the website is made available to you
for approval.
4. Payment
We will provide an invoice to cover the deposit by return of post when
the cheque has cleared. We will provide an invoice to cover the final
payment for the website design and any associated services upon completion
of the work. Invoices are normally sent by post. In the event that they
are sent by email or fax, you may request a "hard copy" by post.
Invoices are due upon receipt. Accounts remaining unpaid thirty days after
the invoice date will attract a service charge of two percent of the amount
due or £25 per month, whichever is the higher. If payment is not
received within a further seven days, the responsibility for recovery
of the money will be transferred to a debt recovery agency.
5. Default
Accounts unpaid thirty days after the date of invoice will be considered
in default. We will, at our discretion, remove the website files from
our web server and will not be held responsible for any loss of data incurred.
Removal of such material does not relieve you of the obligation to pay
any outstanding charges. Cheques returned by the bank as unpaid for any
reason will attract a "returned cheque" charge of £25
and your account will immediately be considered to be in default until
full payment is received. Customers with accounts in default agree to
pay us reasonable expenses incurred by us in enforcing these Terms and
Conditions, including but not limited to legal fees and costs for collection
by third-party agencies.
Continued"….
6. Termination
Termination of services by you must be requested in writing and will be
effective on receipt of such notice. E-mail or telephone requests for
termination of services will not be honoured until and unless confirmed
in writing. You will be invoiced for design work completed to the date
of first notice of cancellation for payment in full within thirty days
and the terms laid out in clauses 4 and 5 above will apply.
7. Copyright
You retain the copyright to data, files and logos provided by you and
grant us the right to publish and use such material. You must obtain permission
and rights to use any information or files that are copyrighted by a third
party. You are further responsible for granting us permission and right
to use the same and agree to indemnify and hold us harmless from any and
all claims resulting from any negligence on your part or your inability
to obtain proper copyright permission. A contract for website design and/or
publication shall be regarded as a guarantee by you to us that all such
permissions and authorities have been obtained, regardless of whether
or not we have had sight of documents granting such permission and authority.
8. Project Material
Unless otherwise specified in the project quotation, any text copy will
be provided by you suitable electronic format suitable for reading with
PC Microsoft Office applications, by email or on floppy disk, CD, DVD
or 100Mb Zip disks and all photographs and other graphics will be provided
physically in high quality print suitable for scanning or electronically
in gif, jpeg or tiff format. Although we will make every reasonable attempt
to return to you any images or printed material provided, this cannot
be guaranteed.
9. Design Credit
A link to the Oraica website http://www.oraica.net with the wording "Designed
by Oraica Ltd" or, if the site is to be hosted by us, "Designed
and hosted by Oraica Ltd" will appear in either small type or by
a small graphic at the bottom of each page of your website.
10. Access Requirements
If your website is to be installed on a third-party server, we must be
granted such temporary read/write access to the site’s storage directories
as is necessary to enable the website to be installed via FTP.
11. Alterations after publication.
We cannot accept responsibility for any alterations carried out to your
website by you or any third party following publication to the site’s
web space.
12. General
These Terms and Conditions supersede all previous representations, understandings
or agreements. Your signature accepting a quotation, or payment of an
advance fee constitutes agreement to and acceptance of these Terms and
Conditions.
13. Governing Law
This Agreement shall be governed by English Law.
Version 1.0
See also:
Acceptable Use Policy (AUP)
Terms & Conditions (1) - Hosting and Domain Name Registration Services
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