It is not necessary for any Client to have signed an acceptance of these Terms & Conditions for them to apply. If a Client accepts a quote then the Client will be deemed to have satisfied themselves as to the terms applying and have accepted these terms and conditions in full.
Please read these terms and conditions carefully. Any purchase or use of our services implies that you have read and accepted our terms and conditions.
Charges for services to be provided by Fruity Design are pre-defined and agreed with the Client via e-mail.
Payment for services are due by Direct Debit, Standing Order.
Bill commences once client brief has been established.
3. Project Termination
A project can be terminated at any time during the offline design phase, i.e. prior to any online development.
Once development work has commenced online, i.e. development of the website framework and structure, the customer is liable to pay the minimum term cost agreed.
Payment(s) overdue for more than 30 days will result in the website being taken offline until the account is brought up to date.
This does not alter the customer’s responsibility for paying the amount due to date at any time in accordance with the original agreement.
A 30 day cancellation notice period is required for all live websites.
Cancellation requests required via written/email confirmation.
Fruity Design reserves the right to terminate any project at any time. If the website/project is live at this time, the remainder of the current month term will be met.
It is the responsibility of the customer to restore the project/website once received. Unless pre-agreed, Fruity Design will not be responsible in the restore/recovery of a project/website once received by the customer.
Upon project termination, any Email accounts connected with the project will remain online until the customer has disconnected all services – or until the current term has ended. It is the reponsibility of the customer to ensure any email transfer has taken place by this time.
3. Client Review
Fruity Design will provide the Client with an opportunity to review the appearance and content of the website during the design phase and once the overall website development is completed. At the completion of the project, such materials will be deemed to be accepted and approved unless the Client notifies Fruity Design otherwise.
Website updates thereafter will be sent to the Client prior to website application (where possible).
4. Turnaround Time and Content Control
During the project, Black Webs will require the Client to provide website content; text, images, movies and sound files.
Invoices will be provided by Fruity Design upon completion of the live website. Invoices are normally sent via email; however, the Client may choose to receive hard copy invoices. Invoices are due upon receipt. Accounts that remain unpaid thirty (30) days after the date of the invoice will be assessed a service charge in the amount of the higher of one and one-half percent (1.5%) or £30 per month of the total amount due.
6. Web Browsers
Fruity Design makes every effort to ensure websites are designed to be viewed by the majority of visitors. Websites are designed to work with the most popular current browsers (e.g. Firefox, Internet Explorer 8 & 9, Google Chrome, etc.). Client agrees that Fruity Design cannot guarantee correct functionality with all browser software across different operating systems.
Fruity Design cannot accept responsibility for web pages which do not display acceptably in new versions of browsers released after the website have been designed and handed over to the Client.
7. Website Full Design
Should a client request a complete rebuild of their website after the initial minimum-term, a new deal will have to be made.
The Client retains the copyright to data, files and graphic logos provided by the Client, and grants Fruity Design the rights to publish and use such material. The Client must obtain permission and rights to use any information or files that are copyrighted by a third party. The Client is further responsible for granting Fruity Design permission and rights for use of the same and agrees to indemnify and hold harmless Fruity Design from any and all claims resulting from the Client’s negligence or inability to obtain proper copyright permissions. A contract for website design and/or placement shall be regarded as a guarantee by the Client to Fruity Design that all such permissions and authorities have been obtained. Evidence of permissions and authorities may be requested.
Fruity Design is not accountable or responsible for the use of unlicensed copyrighted images, even if they are uploaded to the website by the Fruity Designs team. Fruity Design will always advise use of purchase stock images from various stock image providers.
9. Domain Names
Fruity Design may purchase domain names on behalf of the Client. Payment and renewal of those domain names is the responsibility of the Client unless approved and included in the package. The loss, cancellation or otherwise of the domain brought about by non or late payment is not the responsibility of Fruity Design. The Client should keep a record of the due dates for payment to ensure that payment is received in good time.
The Client’s signature below or payment of an advance fee constitutes agreement to and acceptance of these Terms and Conditions. Payment online is an acceptance of our terms and conditions.
11. Governing Law
This Agreement shall be governed by English Law.
Fruity Design hereby excludes itself, its Employees and or Agents from all and any liability from:
- Loss or damage caused by any inaccuracy;
- Loss or damage caused by omission;
- Loss or damage caused by delay or error, whether the result of negligence or other cause in the production of the web site;
- Loss or damage to clients’ artwork/photos, supplied for the site. Immaterial whether the loss or damage results from negligence or otherwise.