TERMS AND CONDITIONS // 2015
All services provided by Oracle Design to the Customer are subject to the following terms and conditions:
A copy of these terms and conditions must be signed by all clients wishing to undertake work carried out by Oracle Design, indicating agreement to and acceptance of these Terms and Conditions. However, an email or verbal agreement of any quotation is also agreement to our Terms and Conditions, no actual signature is required for the Terms and Conditions to apply, if this is the case.
The Client retains the copyright to data, files, photos and graphic logos provided by the Client, and grants Oracle 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 Oracle Design permission and rights for use of the same and agrees to indemnify and hold harmless Oracle Design from any and all claims resulting from the Client ‘s negligence or inability to obtain proper copyright permissions. The agreement of undertaking the contract shall be regarded as a guarantee by the Client to Oracle Design that all such permissions and authorities have been obtained. Evidence of permissions and authorities may be requested. The client agrees that the design provided is for the quoted and agreed usage. Any further use of the design must be agreed in writing by Oracle Design and may incur additional costs or royalty payments. Copyright of all design work originated by Oracle Design, remains with Oracle Design, until full payment for the contract has been made.
STANDARD MEDIA DELIVERY //
Unless otherwise specified in the project quotation, this Agreement assumes that any text will be provided by the Client in electronic format (ASCII text files, Word documents delivered on CD or via e-mail) and that all photographs and other graphics will be provided physically in high quality print suitable for scanning or electronically in .gif, .jpeg, .png or .tiff format. Although every reasonable attempt shall be made by Oracle Design to return to the Client any images or printed material provided for use in creation of the Client ‘s design, such return cannot be guaranteed.
It is our strong recommendation that you use professional copywriters, photographers, printers and whoever else that needs to be involved within the project. We are happy to recommend suitable professionals to you. While we will provide you with guide costs for these professionals, it is your responsibility to agree costs and terms of engagement with them. Please note that these professional costs are not part of our costs and charges to you and therefore it is your responsibility to settle payments direct with them.
STOCK IMAGERY //
If the design requires additional images that have to be sourced by Oracle Design a charge will be made, agreed before in the project quotation or during the project if it is needed, before committing you to purchasing them. Where stock photography and/or library images are used as part of the project, unless specifically agreed in writing by yourselves, the stock photography and library image costs will be charged to you as an additional cost.
DESIGN CREDIT //
A design credit for Oracle Design may appear in either small type or by a small graphic at the bottom or within the project, of the Client’s design, unless otherwise agreed. If a logo or written credit is used, it will be designed to fit in with the overall design. For websites, a link to Oracle Design will appear in either small type or by a small graphic at the bottom of the client’s website. If a client requests that the credit be removed, a nominal fee of £100 will be applied.
Once artwork has been agreed by the client, this is confirmation of all spelling, grammer, design elements, colours, picture quality etc when going to print. Please understand that all output and finished printed products will not look the same as on screen and that it is up to the client to arrange any printed proofs and confirm these with us if required before hand. Final quality and colours are down to the paper used and may vary on coated and uncoated stock. Any problems with final quality of print is between the client and the printer, we only recommend printers and arrange print from previous work done.
FILE PROPERTY //
The original design file is the property of Oracle Design only, we do not provide original artwork for the client to either amend themselves or provide to a third party to change or develop in any kind. In terms of print, a final PDF outlined file for printers to use is provided, beyond this no original design type of any kind will be provided to the client unless this is part of the contract or can be agreed by Oracle Design.
WEBSITE CLIENT REVIEW //
Oracle Design will provide the client with an opportunity to review the design of the website prior to the development stage. Once the design is approved, any additional changes to the design may require an additional charge.
The second review stage will be available to the client once the website is hosting in a testing environment. The second review stage will allow for 2 rounds of amendments. Any further amendments may incur an additional charge.
Upon release of the website the client will be allocated up to 1 hour of additional changes to their website within 1 week of the website going live. Further amendments will incur an additional charge. Project management and deadlines
Oracle Design will try to meet any specified milestone and deadline dates provided to and agreed by the client. In the event of a milestone or deadline unable to be met by Oracle Design, Oracle Design will notify the client within 24 hours of the milestone or deadline date with a rescheduled date and reason for the milestone or deadline not being met. This will not exceed 7 days of the missed date, unless an agreement is made with the client.
In order for milestones and deadlines to be met by Oracle Design, the client must in return provide information/content where required within allocated time frames provided to them by Oracle Design. Failure to provide such information/content within the allocated time frames may result in delayed milestones and deadline dates which Oracle Design will reschedule. The client must approve the rescheduled milestone and deadline dates. If scheduled information/content is not provided on a second occasion by the client, Oracle Design has the right to incur an additional charge of up to 25% of the initial quotation to the client. The additional charge will be required to cover extra admin time as well as increased development time, which may be required in order to complete the project.
WEBSITE CONTENT //
Where digital content is required from the client, the following formats are acceptable: Text Content – Word, editable pdf or plain text files Images – JPG Logo – PNG, PDF or JPG
All text content should be provided with relevant page titles and structured to how it will appear on the website.
Oracle Design may edit images where found appropriate in order to enhance the look of the website. Text may be restructured by Oracle Design in order to fit in with the design of the website. Oracle Design will not proof read any provided text, and are not responsible for incorrect grammar or spelling.
BROWSER COMPATIBILITY //
Oracle Design makes every effort to ensure that websites are developed to be viewed by the majority of visitors. All websites produced by Oracle Design are cross browser tested before they are released to the live server. The following browsers are tested: Firefox (latest version at release date of website) Google Chrome (latest version at release of website) Internet Explorer (versions 9, 10 & 11) Safari (latest version at release of date website) Opera (latest version at release of date website)
The client agrees that Oracle Design cannot guarantee correct functionality across all browsers and operating systems. Once the website is released to the live server, Oracle Design does not accept responsibility for the website if it does not display or function correctly on new browser versions released after the website release date. Oracle Design reserves the right to charge for any additional work involved to fix the website in order for it to display and function correctly on new browser versions.
DEVICE COMPATIBILITY //
Unless otherwise stated, all websites produced by Oracle Design will be responsive to mobile and tablet devices. Oracle Design ensures that the website will be tested in a browser emulator which replicates different screen sizes in order to make the website responsive. Oracle Design will make every effort to ensure the website displays and functions correctly on the majority of devices, however the client agrees that Oracle Design cannot guarantee that the website will display and functions correctly across all devices.
WEBSITE PERFORMANCE //
Oracle Design is not liable for any decrease in website performance, statistics or sales from the result of amendments of existing websites or rebuilds of new websites.
Oracle Design provides a reseller hosting service to its clients. The client is responsible for paying a non-refundable annual hosting fee for this service. Oracle Design is not responsible for down time, poor server performance or loss of data caused by the hosting provider. Additionally Oracle Design is not responsible for any bugs caused by changes by the hosting provider after the acceptance of this contract, including but not limited to updates to operating system, compile systems, code libraries and languages, or any changes resulting from security violations. Oracle Design will manage the hosting, but has the right to charge the client at an hourly rate in the event of hosting failure in order to re-establish the website to a working state.
Oracle Design does not accept any responsibility for website failure with websites hosted with a third party host. The client accepts responsibility, however Oracle Design may offer a service in order to re-establish the website to a working state which would be charged at an hourly rate.
Oracle Design maintains internal backups of project files. Such backups are not intended as a solution to restore lost or edited files on the live website. The backup files stored internally are unlikely to be up to date with the live project and do not support any content produced by the client. Oracle Design will manage a live backup system, which will run on a monthly basis, unless otherwise stated to the client. Security Although Oracle Design makes every effort to provide secure finished product(s), due to the nature of rapidly advancing technology, Oracle Design can in no way guarantee that the finished product(s) will not be subject to security breaches. Oracle Design recommends the use of strong passwords and the observance of standard security practices. In order to minimize the chances of security violations, systems should be updated often. Oracle Design reserves the right to charge for website updates, which can be requested by the client. Oracle Design is not responsible to check for websites updates, this is solely the responsibility of the client, unless agreed otherwise.
In the event of a website being ‘hacked’, Oracle Design does not accept the responsibility for this security breach. In order to re-establish the website to a working state, Oracle Design may use backed up files and databases, however there is no guarantee that the website will be backed up to its latest working condition. In order to get the website back to working state Oracle Design has the right to charge an hourly rate for this service.
In regards to login details, including usernames and passwords being supplied by the client to Oracle Design, under no circumstances does Oracle Design accept the responsibility for the security of such details. Oracle Design does however guarantee to keep all details completely confidential. The client is responsible to change passwords within 24 hours of them being supplied to Oracle Design.
ACCESS REQUIREMENTS //
If the client’s website is to be installed on a third-party server, Oracle Design must be granted temporary read/write access to the client’s storage directories which must be accessible via FTP. Cpanel access may also be required by Oracle Design upon request. Oracle Design does not accept responsibility for any website failure. Before access is granted by the client, a full back up of files and data must be taken by the client. These files and data may become available to Oracle Design upon request to be used if a restore is required.
DOMAIN NAMES //
Oracle Design may purchase domain names on behalf of the client. Payment and renewal of those domain names is the responsibility of the client. The loss, cancellation or otherwise of the domain brought about by non or late payment is not the responsibility of Oracle Design. The client should keep a record of the due dates for payment to ensure that payment is received in good time.
PAYMENT TERMS //
Unless otherwise agreed in writing, our payment terms are strictly fourteen days from the date of invoice. The total cost for a project will be indicated within the quotation or estimate to the client. Where a quotation or estimate is not provided, the client will be provided a rates guide. Quotations or estimates provided by Oracle Design will be valid to the client for a period of 30 days. Oracle Design has the right to alter or decline the quotation after the 30 day period has expired.
Unless agreed otherwise, each design project will consist of two stage payments commencing with a non-refundable deposit of 30% with the balance of 70% being payable on completion of each project.
Unless agreed otherwise, each website project require a minimum deposit of 40% before any work commences. A second payment of 40% is required after the development stage of the project, with the remaining 20% of the quotation to be paid once the development is released to the live server. Payment for hosting, domain names or any other third party products will be required as and when the service/product is in use.
Where a project is being delayed outside of the agreed time scales through no fault of our own, we reserve the right to invoice you and receive payment for the remaining balance of the project.
All payments to Oracle Design are due by bank transfer or cheque. Please make cheques payable to Oracle Design and send to Oracle Design, Unit 4, School Close, Newquay, Cornwall, TR7 3EN.
LATE PAYMENTS //
Invoices will be provided by Oracle Design upon completion of the work for Design and any associated services. Invoices are normally sent via email; however, the Client may elect to receive hard copy invoices, this needs to be agreed in writing.
For one off or stage payments, Oracle Design would suggest that these are paid immediately on receipt of the invoice to avoid late payment charges and delays in the work Oracle Design is carrying out for you.
If you have any queries over any aspect of an invoice then this must be raised with Oracle Design immediately on receipt. However, to avoid this being used as a means of delaying payment, the outstanding invoice must be paid by the due date otherwise it will be subject to the late payment charges.
Accounts that remain unpaid fourteen (14) days after the date of the invoice will be subject to a late payment charge. A fixed charge will be due of £50, £150 or £350+ depending on the size of the debt (under £1,000, under £10,000, and higher). Note that the amount will be compounded and will be at the discretion of Oracle Design.
ADDITIONAL EXPENSES //
The client agrees to reimburse Oracle Design, where additional purchases have been made to supplement the project. This includes fonts, themes, stock images etc.
Accounts unpaid fourteen (14) days after the date of invoice will be considered in default. If the client in default maintains any information or files on Oracle Design web space, Oracle Design has the right to remove all such material from its web space. Oracle Design is not responsible for any loss of data or files incurred due to the removal of the service. Removal of such material does not relieve the client of the obligation to pay any outstanding charges assessed to the client’s account. Cheques returned for insufficient funds will be assessed and a return charge of £50 will be added to any outstanding payments. The client’s account will immediately be considered to be in default until full payment is received. Clients with accounts in default agree to pay Oracle Design reasonable expenses, including legal fees and costs for collection by third -party agencies, incurred by Oracle Design in enforcing these project terms.
Termination of services by the Client must be requested in a written notice and will be effective on receipt of such notice. E-mail or telephone requests for termination of services will not be honored until and unless confirmed in writing. The Client will be invoiced for design work completed to the date of first notice of cancellation for payment in full within fourteen (14) days.
Oracle Design reserves the right to terminate any or all of its services to the client without explanation at any time. Where possible, termination of any or all services will be accompanied by one month’s notice. Upon Termination of the contract, refunds will not be given for any unexpired periods of service contracts, services or facilities.
The client must contact Oracle Design concerning details of an invoice within 7 days of the date of the invoice. Oracle Design’s liability to the client or any other party for the loss including theft, or destruction or damage to any materials provided by the client which are deposited with Oracle Design for whatever reason;-
Oracle Design are not be liable for the cost of reshooting or reprinting the material contained on the material and;
Oracle Design will not be liable for any loss or damage to the client or any other party including loss of income and it is the client’s responsibility to insure against such loss and damage;
Oracle Design will not be liable for failing to complete any contract between Oracle Design and the client due to circumstances beyond Oracle Design’s control, including loss of power supply, machine breakdown, loss of materials, fire, storm, flood, act of god, war, civil disturbance or terrorism.
Oracle 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. Irrelevant whether the loss or damage results from negligence, or otherwise.
The entire liability of Oracle Design to the client in respect of any claim whatsoever or breach of this agreement, whether or not arising out of negligence, shall be limited to the charges paid for the Services under this agreement in respect of which the breach has arisen. Severability In the event any one or more of the provisions of this agreement shall be held to be invalid, illegal or unenforceable, the remaining provisions of this agreement shall be unimpaired and the agreement shall not be void for this reason alone. Such invalid, illegal or unenforceable provision shall be replaced by a mutually acceptable valid, legal and enforceable provision, which comes closest to the intention of the parties underlying the invalid.
GOVERNING LAW //
This Agreement shall be governed by English Law.
These Terms and Conditions supersede all previous representations, understandings or agreements. The Customer’s signature below or payment of an advance fee constitutes agreement to and acceptance of these Terms and Conditions.
If you wish to vary the terms of this agreement, this must be in writing and our acceptance of any variation must be evidenced in writing. Verbal evidence will not be acceptable. If we cannot reach agreement on any variations you wish to make, we reserve the right to withdraw our services without notice, at which time the terms of this document will remain binding.
If any term or condition appears unreasonable this is not our intention. We have a large client portfolio that has been built up by our respecting our clients and providing good quality customer care and support. We are always striving to improve our services and your feedback will always be welcome.
Please note that your details will not be passed on to any third parties and will only be used by the Oracle Design team to contact you with regard to your particular enquiry.
Note that these Terms & Conditions | Oracle Design were updated on 05/01/15 and are valid for all projects.