Terms and Conditions | Design, Vista, Ltd, Client, Website

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Monday, 12 May 2008

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Terms and Conditions

Definition of our terminology as used within this document:

A 'Project' is any work undertaken or service provided by Vista Design (UK) Ltd for the Client on their request and as described in our confirmation order email to that Client.
A 'Client' is a person, persons, business or organisation using any of the services provided by Vista Design (UK) Ltd.
'Live' means the date the website is available on the Client’s chosen domain.
'Domain' is the website address as specified by the Client.
'Open Source Software' is software made freely available to anyone under the GNU General Public License (GPL).
'Web Hosting' is a yearly cost to keep a clients website active and 'live' online.
'Content' is both text and images that the Client requires on the website.

Vista Design (UK) Ltd Terms & Conditions

The contract between Vista Design (UK) Ltd and the Client will be on these conditions, to the exclusion of all other terms and conditions. Any variations to these conditions shall have no effect unless agreed in writing.
The works to be carried out shall be as set out in the Vista Design (UK) Ltd signed fax confirmation.
Email will be the method of contact with regard to all communication regarding billing. Although Vista Design (UK) Ltd can be contacted by telephone, we will use email as our method of billing communication and therefore it is the Client's responsibility to inform us of any change in email address so we always have up to date email contact details. Vista Design can not be held liable in any way relating to billing communication issues if we are not supplied with 2 valid email addresses. Vista Design will acknowledge all emails within 3 working days.
Vista Design (UK) Ltd will only commence work on a Project after receipt of a non refundable, 50% deposit of the quoted Project fee from the Client. The final 50% payment is to be made on completion of the website. The website will be switched to 'Live' once the Clients remaining balance is paid in full.
The deposit paid to Vista Design (UK) Ltd covers the cost of design work carried out as well as any administration work and communication with Vista Design. The deposit is non refundable.
Vista Design (UK) Ltd shall expect the Client to carry out sufficient research before proceeding with a website. This will include checking that the website/idea/business will operate legally. It is important that the website is not in any way illegal.
It is important for the Client to keep in contact with Vista Design (UK) Ltd throughout the entire Project. If a Client does not make contact for 1 week we will make up to 5 attempts to contact the client by email using the email address specified when the client went ahead. If we do not receive a response to these attempts of contact the Project may be terminated, and the deposit will not be refunded.
Where images used on the website have been purchased by Vista Design (UK) Ltd on behalf of the Client, these images are strictly for use on the website only. Vista Design (UK) Ltd are not liable for misuse of these images by the Client or any other person’s copying, altering or distributing the images to individuals or other organisations.
Vista Design (UK) Ltd will host the website if the Client requires us to do so and on receipt of full payment of our Hosting fees. In doing so, Vista Design (UK) Ltd will endeavour to provide a reliable and professional service to the Client at all times but do not guarantee that the website Hosting will be available at all times, especially in the event of a technical failure beyond our control.
Vista Design (UK) Ltd cannot be held responsible for anything adversely affecting the Client's business operation, sales, or profitability that might be claimed is a result of a service offered by Vista Design (UK) Ltd.
Where asked to provide search engine optimisation for a Client, Vista Design (UK) Ltd do not guarantee any specific placement or high ranking on search engines.
Vista Design (UK) Ltd will provide the Client with an expected completion date for the Project (live on the internet) if requested. Vista Design (UK) Ltd will endeavour to meet any given deadline, but do not guarantee and are not bound in any way to complete the Project by this date.
If the Client has a concern over the use of Open Source Software, it is the client's responsibility to address their concerns with Vista Design (UK) Ltd prior to website development commencing.
The Client shall not be charged for Open Source Software. If there is a charge for a website using Open Source Software, the Client is paying for the installation and customisation time. Open Source Software is not owned by Vista Design (UK) Ltd or the Client.
Vista Design (UK) Ltd own all design and code of the website until final payment has been received in full. Once final payment is received, the Client will then own the design and code of the website, unless Open Source Software is used. Images will have been purchased by Vista Design (UK) Ltd for the Client, unless the images have been supplied by the Client. Item 16 is subject to item 15.
All images displayed on the Client's website will only be used after authorisation by the Client, and are the sole responsibility of the Client regarding usage and copyright. Should any legal issues or claims arise from the content or copyright of any images supplied by the Client or Vista Design (UK) Ltd, they will be the sole responsibility of the Client.
Domain names will be registered by Vista Design (UK) Ltd and also registered to the Vista Design (UK) Ltd current address. Although the domain names are registered to Vista Design (UK) Ltd , the Client is the legal owner of the domain and if they request to have details changed or the domain transferred elsewhere, Vista Design (UK) Ltd will do this within a reasonable timeframe.
A domain name will be registered by Vista Design on behalf of the client once we have received the 50% deposit
It is the responsibility of the Client to renew their domain names when due. If a domain name expires, Vista Design (UK) Ltd can not be held liable for this. However, Vista Design (UK) Ltd will make reasonable effort to contact the Client regarding domain renewal.
When a Client renews Web Hosting with Vista Design (UK) Ltd , this also includes domain renewal if the renewal is needed to keep the site functioning and was purchased as part of the Hosting package. If the Client does not renew the Hosting, their domain name could be made available to the public for purchase and Vista Design (UK) Ltd can not be held liable for this.
Renewal of Web Hosting is due on a monthly basis. The date of renewal will be monthly from the date the website was ordered by the Client. The Web Hosting will not be renewed if Vista Design (UK) Ltd cannot contact the Client or the Client requests for Vista Design (UK) Ltd to not host this site. This will also affect the domain as per item 21.
The Web Hosting renewal charge must be received within 10 days of the Web Hosting expiry date. Vista Design (UK) Ltd reserve the right to deactivate any website where the Hosting has expired and the Client has not paid the renewal charge. There will be an admin fee set by Vista Design (UK) Ltd for reactivating the website/Web Hosting.
If the Client does not use Vista Design (UK) Ltd Hosting services, then the management and Hosting of the Domain name are the full responsibility of the Client.
Vista Design (UK) Ltd has no control of, or responsibility for, the content of Clients’ websites. In no way does the textual or image based Content of our Client's web sites constitute Vista Design (UK) Ltd endorsement, or approval of the website or the material contained within the website. Vista Design (UK) Ltd has not verified any of the materials, images or information contained within our Client's web sites and is not responsible for the content or performance of these sites or for the Client's transactions with them. Vista Design (UK) Ltd provides links or references to our Client's websites solely for the convenience of prospective customers and intends that the links it provides be current and accurate, but does not guarantee or warrant that such links will point to the intended Client site at all times.
Vista Design (UK) Ltd are not liable for loss, damage or corruption to files or information stored on its servers or individual PCs relating to a Client's website. The Client is solely responsible for any information or files relating to its website.
If a Domain name is purchased by the Client through a company other than Vista Design (UK) Ltd, the Client has full responsibility in making sure that the domain name is renewed when due. Vista Design (UK) Ltd will not renew the Domain name when annual Web Hosting renewal is due if the Domain name is purchased through a company other than Vista Design (UK) Ltd.
Vista Design (UK) Ltd makes no claims that the contents of this website may be lawfully viewed or downloaded outside England and Wales. Access to this website may not be legal by certain persons or in certain countries. If this website is accessed from outside of the United Kingdom, it is done at own risk and the visitor is responsible for compliance with the relevant laws of the visitor’s jurisdiction. The terms and conditions of this website are governed by the laws of England and Wales. Jurisdiction for any claims arising in respect of this website’s Content shall lie exclusively with the courts of England. If any provision of these terms and conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these terms and conditions, which shall remain in full force and effect.

Vista Design (UK) Ltd Refund Policy

The Vista Design (UK) Ltd policy on refunds varies from service to service. If you have any questions about our refund policy, please don't hesitate to contact us on 01952 214083.

Web Design and Development Refunds Policy

If an initial deposit is requested and paid, no refund will be given if the Client's backs out or decides not to proceed, unless work has not yet started. Once work has been completed according to the agreed schedule, the remaining balance (or full balance if no deposit required) will be due; due to the close and constant communication between Vista Design (UK) Ltd and the client during the design process, no refunds will be issued for completed work.

Web Hosting Refunds Policy

Client's may choose to cancel their account at any time. Payments are made 1 (one) month in advance for all Web Hosting services. Termination of Web Hosting will take the service up to the next billing cycle, before termination of the service is initialised.

No refunds are given for previous months Web Hosting.

If an account is terminated by us for any reason, including breach of our Terms of Service and/or Acceptable Use Policy, no refund will be issued.

Domain Registration/Renewal Refunds Policy

All domain name registrations and renewals are final. No refunds are given on successful domain registrations or renewals.

Vista Design (UK) Ltd Privacy Policy

From time to time Vista Design (UK) Ltd will update this privacy policy. When we do, we will also revise the "last updated" date at the bottom of this privacy statement.

Data collected
In common with most websites, this site automatically logs certain information about every visitation made. This information is used for system administration, for bug identification, and for producing web usage statistics. The logged information may be kept indefinitely.

Below is a list of the data collected:

The name or network address of the computer making the request. Note that under some (but not all) circumstances it may be possible to infer from this the identity of the person making the request. Note also that the data recorded may be that of a web proxy rather than that of the originating client;

The username, when known during authenticated (logged in) access to the site;
The date and time of connection;
The HTTP request, which contains the identification of the document requested;
The contents of the HTTP Referrer header supplied by the browser;
The content of the HTTP User-Agent header supplied by the browser;
The status code of the request (success or failure etc.);
The number of data bytes sent in response;

Logging of additional data may be enabled temporarily from time to time for specific purposes. In addition, the computers on which the website is hosted keep records of attempts (authorised and unauthorised) to use them for purposes other than access to the web server. This data typically includes the date and time of the attempt, the service to which access was attempted, the name or network address of the computer making the connection, and may include details of what was done or was attempted to be done.

Links to external websites
This site may contain links to other websites on the Internet that are owned and operated by third parties. Vista Design (UK) Ltd is not responsible for data or content on external sites. Please visit relevant sites for individual terms and conditions and privacy policy.

Collecting your personal information
Occasionally Vista Design (UK) Ltd collect personal data via on-line forms. All Client data collected by Vista Design (UK) Ltd will only be used for Client communication by Vista Design (UK) Ltd. You may periodically receive promotional emails, as they may be considered an essential part of the service you have chosen with Vista Design (UK) Ltd. You will be able to choose to unsubscribe to these mailings.

Vista Design (UK) Ltd do not tolerate spam and will never sell, rent, lease or give away your information (name, address, e-mail, etc.) to any third party. Nor will we send you unsolicited e-mail.

Access to your personal information
Vista Design (UK) Ltd provide a client payment and support system, to offer you a high quality support service, and will provide you with the means to ensure that your personal information is correct and current.

Do not share your login details with anyone, as these areas contain personal information. Vista Design (UK) Ltd cannot be held responsible for data if personal login details have been passed to third parties.

Use of cookies
When someone visits our site or client payment and support system, a cookie is stored on the Client's machine (if the client accepts cookies) or is read if the client has visited the site previously.