The following "Terms and Conditions" details the relationship between TOTALITI Design and Print(referred to as TOTALITI in this document),and the client, regarding design work and the authoring and placement of World Wide Web(WWW) pages.
PLACEMENT OF WEB PAGES.
1. The term "pages" refers to 'WWW', 'Web', or 'Home' pages specifically authored for the World Wide Web as accessed through the Internet or any other computer networks capable of providing access to the World Wide Web.
2. The term "placement" refers to the placing of pages in a 'Web server' directory suchthat the pages are publicly accessible and possess a unique Uniform Resource Locator(URL) address.
3. TOTALITI does not make any guarantees regarding placement, or that placement will occur on any specific date or dates.
4. At no time does TOTALITI promise or imply that we guarantee clients websites a certain rating in the search engines.
ERRORS AND LIABILITIES.
1. TOTALITI will use it's best endeavours to ensure pages authored by TOTALITI are free of errors.
2. TOTALITI may not be held responsible for any errors that may arise in the course ofauthoring any pages.
3. TOTALITI does not accept any liability for losses or damage arising from errors within anypage or if pages are not placed.
4. TOTALITI makes no warranties of any kind, whether express or implied, for the services it provides.
PERMISSIONS AND COPYRIGHTS.
1. The client will obtain all the necessary permissions and authorities in respect of the use of all copy, graphics, registered company logos, names and trademarks or anyother material supplied by the client.
2. Every order placed by the client shall be regarded as a guarantee by the client to TOTALITI that all such permissions and authorities have been obtained. Evidence of permissions and authorities may be requested.
3. No responsibility will be accepted by TOTALITI for damages to or losses incurred by the client from the use of material for which the required permission or authority has not been obtained.
4. All original graphics designed and supplied by TOTALITI, remain the property of TOTALITI, until the clients account has been paid in full, at which time ownership and copyright of said graphics will reside with the client, with the exception of original logos (see #5).
5. Any original logo designed by TOTALITI specifically for the client's website remains the property of TOTALITI and may not be used or reproduced for use in any other advertising medium without the written permission of TOTALITI. An extra fee will apply if the client wishes to purchase ownership and copyright of the logo.
WEB PAGE CONTENT.
1. TOTALITI reserves the right to append a hyper-link to TOTALITI's website on the index page of the clients website.
2. Clients are required to ensure that the content of their page meets all the current legislation in their country regarding publications. The client shall further indemnify TOTALITI in respect of any claims, costs, or expenses that may arise from any material included in their pages authored or placed on their behalf by TOTALITI.
3. TOTALITI reserves the right to refuse material supplied by the client if TOTALITI deems it offensive or inappropriate.
4. All required text must be supplied by the client prior to completion of first draft. If additional text is supplied after completion of first draft, TOTALITI reserves the right to charge an extra fee (referred to as "Author's corrections").
QUOTES & ESTIMATES.
1. All quotes and estimates supplied by TOTALITI are valid for thirty (30) days only. If no order is placed within thirty days, a new quote or estimate must be obtained.
1. TOTALITI cannot accept responsibility for any alterations caused by third party actionoccuring to the clients pages once placed.
2. Such alterations include, but are not limited to, additions, modifications, or deletions.
WEB SITE MAINTENANCE.
1. TOTALITI will perform regular website maintenance, if requested, for a monthly fee. This includes:
- Ensuring the website is functioning properly (hyperlinks, image loading etc).
- Regular updates of existing text within reason (up to one page per week).
2. All other additions (additional text, pages, photos, tables etc) will be charged at the rate of £35.00 per hour or part thereof, with a minimum charge of one (1) hour.
1. Cancellations of orders for authoring or design work may in the first instance be made by telephone, but must be confirmed in writing or by e-mail within ten (10) working days.
2. The client will be invoiced for any authoring or design work completed to the date of first notice of cancellation, for payment in full within seven (7) days.
3. The full quoted amount of the order must be paid if the cancellation is not received in writing or by e-mail within ten (10) working days of first notice.
1. Orders may be placed in the first instance by telephone, and must be confirmed inwriting or by e-mail before work will commence. The letter or e-mail must contain details of the agreed work and price, and the client must confirm their acceptance of these Terms and Conditions.
2. The client will be invoiced fifty percent (50 %) of the total agreed price upon placement of the order. TOTALITI requires that this amount be paid before work commences.
3. The client will be invoiced for the balance owing on completion of the work. TOTALITI requires the client to pay the full final agreed total within seven (7) days from the date of invoice. Payment for the work must be recieved in full before the pages are placed on a web server by TOTALITI or artwork is made available to the client.
4. TOTALITI reserves the right not to place pages or provide finished artwork until final payment is received.
5. Any invoice that remains unpaid ten (10) days after its due date will be assessed a surcharge of £10.00. If an invoice remains unpaid thirty (30) days after its due date, an additional five percent (5%) penalty will be incurred. A further five percent (5%) penalty will apply for each month thereafter that the invoice remains unpaid.
6. Payments should be made by cheque, made out to TOTALITI, or by cash. Orders made by overseas customers must be paid in UK pounds by bank draft or telegraphic transfer.
7. In the event that invoices remain unpaid after thirty (30) days, TOTALITI will perform no further work for the client until payment is made in full.
8. Receipts will not be issued on payment of invoices unless specifically requested by the client.
ACCEPTANCE OF TERMS AND CONDITIONS.
1. The placement of an order or contract for design work, authoring or placement of pages with TOTALITI will be regarded as an acceptance of all of the above Terms and Conditions.
2. Upon placing an order, the client must confirm that these Terms and Conditions are accepted by the client. A copy of these Terms and Conditions signed by the client maybe required by TOTALITI.
ALTERATIONS TO TERMS AND CONDITIONS.
1. TOTALITI reserves the right to change, at any time, the Terms and Conditions of the acceptance of orders, for design work, authoring and placement of clients pages.
These Terms & Conditions last revised 16th February 2000.