The Client: The company or individual requesting the services of Web Studio Marita.
Web Studio Marita: Primary designer/developer, site owner & employee.
Web Studio Marita will carry out work only where an agreement is provided either by e-mail, telephone or mail. An ‘order’ is deemed to be a written or verbal contract between Web Studio Marita and The Client, this includes telephone and e-mail agreements. Web Studio Marita accepts a verbal order from The Client; however will not be held responsible for any mistakes (made by either party) arising from that verbal order.
Web Studio Marita is obliged to providing a high quality professional service at reasonable.
These Terms & Conditions of business apply to all work carried out for The Client by Web Studio Marita.
Web Studio Marita expects that The Client provides them with all adequate information. Web Studio Marita expects also that The Client informs them as soon as possible of any change in circumstances which might affect the business in hand.
In return, when all necessarily instructions are received, Web Studio Marita will have overall responsibility for the conduct of that particular piece of work. Every effort will be made to ensure that the website and any scripts or programs, and other works are free of errors.
Web Studio Marita will be in touch with The Client to consult carried work and to do their best to use efficient and cost effective method. Keeping The Client informed of the progress of The Client’s business will be one of the main goal.
§3 Our Services, skill and care
Web Studio Marita provides a comprehensive range of services; however, the main set up is the web design and development, e-mail marketing, SEO services and social networking. Sides services includes: logo design and branding (business cards, leaflets, brochures, adverts), qr codes, and printing. Web Studio Marita treats all the services with the same commitment and uses all their best skills and experience in this field.
§4 Orders \ Billing & Payment Terms
Payment terms of Web Studio Marita for website design (or redesign), graphic design, logo design, branding, DTP are: non-refundable deposit of 50% from receipt of order followed by the second/final payment from delivery. Sometimes the contract includes other payment options; however, if the delay of lunching the project live is on The Client’s site, The Client must pay the remaining part, which is 50% of the valuation.
Payment terms of Web Studio Marita for SEO services, social media, QR codes, printing, email marketing, hosting & domain names registration payable up front.
All invoices are due and payable upon receipt and must be paid no later than specified in the contract. All overdue invoices past net days specified in the contract will be sent to collections promptly. The Client will be charged extra for debt collection.
Acceptable Method of Payments: cash, bank transfer, PayPal*.
Web Studio Marita reserves the right to charge The Client for hosting/server or data base usage if project is delayed / postpone by The Client for more than two months from the previously simulated date of launching website live.
*Please note: availability to pay by PayPal – might be a subject to 4% surcharge.
§5 Charges \ Discounts \ Price and payment \ Default in Payment \ Project Cancellation
Charges are dependent on the rules of profession of Web Studio Marita and will be fair and reasonable having regard to all the circumstances of the case, taking particular factors into account such as the complexity of the matter, the skill and responsibility involved, the time spent by Web Studio Marita and the value of any transaction involved. The minimum charge period of Web Studio Marita is 30 minutes and time thereafter is charged incrementally in 30 minute blocks. Expenses incurred by Web Studio Marita to third parties in connection with The Client’s business will be added to the charges of Web Studio Marita. If there is a situation whereby the cost of part of the project has gone over budget, Web Studio Marita will act on accordingly and have the right to increase.
Contingency costs cover elements of the project not covered by the contract and may include: rush charges for projects with quick deadlines, charges for changes to the project outside the contractually defined scope.
Discounts are available for loyal clients. Discount might apply in special offers and promotions offered by Web Studio Marita. Additional terms of special offer are always displayed on Special Offer page »
Each of the fee notes of Web Studio Marita (which will be denominated & payable in pond sterling) must be settled, in full, immediately following The Client’s receipt of it or within a predetermined credit limit period. If it is not, Web Studio Marita shall be entitled to charge interest on it (on a daily basis) on the full amount due at TSB base rate plus 8% and that from the date of invoice until payment (including accrued interest) is made in full. Web Studio Marita reserves the right to add interest to any account outstanding after 28 days up to the maximum permitted by legislation. Web Studio Marita will invoice The Client after 14 days, if feedback is not received to progress The Client’s project. All digital files remain the property and copyright of Web Studio Marita. The Client will pay any expenses incurred by Web Studio Marita in connection with the recovery of monies outstanding (including legal costs on an indemnity basis).
The Client shall assume responsibility for all collection and legal fees necessitated by default in payment.
If The Client or designer will have to stop the project at any time during the development period, Web Studio Marita will invoice for work completed up to the point of termination. Fees may apply as determined by Web Studio Marita.
It is not the policy of the company to give refunds or partial refunds.
Instructions should be made as quickly to meet the deadlines agreed by The Client & Web Studio Marita. Preferably, the instructions should be sent in writing or at least confirmed in writing – that is by e-mail or letter. If The Client instructs Web Studio Marita by telephone or in a meeting, they will send to The Client all the instructions written down to be confirmed by The Client as soon as possible. By acceptance of these conditions, The Client is deemed to consent to communication by e-mail. Please note that, if The Client is companies officer, Web Studio Marita will need to identify to them any limitation in the number or identity of The Client’s company officers who are authorised to pass instructions to Web Studio Marita.
There will be an initial design fee for the creation of the website followed by a cost per page, which will be noted and signed by both parties prior to proceeding unless otherwise specified in the contract. Web programming & graphics not paid for within days specified in invoice will be removed from The Client website until payment is received.
Web Studio Marita cannot accept responsibility for any losses incurred due to malfunction, the website or any part of it.
The website, graphics and any programming code remain the property of Web Studio Marita until all outstanding accounts are paid in full.
§7 Website – continuation
Any scripts, cgi applications, asp scripts, php scripts (unless specifically agreed) written by Web Studio Marita remain the copyright of Web Studio Marita and may only be commercially reproduced or resold with the permission of Web Studio Marita.
Web Studio Marita cannot take responsibility for any copyright infringements caused by materials submitted by The Client. Web Studio Marita reserves the right to refuse any material of a copyrighted nature unless adequate proof is given of permission to use such material.Any additions to briefs provided will be carried out at the discretion of Web Studio Marita and where no charge is made by them for such additions, Web Studio Marita accepts no responsibility to ensure such additions are error free and reserve the right to charge an according amount for any correction to these or further additions.The Client agrees to make all materials, which are required to complete the site to the agreed standard and within the set deadline, available to Web Studio Marita as soon as reasonably possible. Web Studio Marita will not be liable for costs incurred, compensation or loss of earnings due to the failure to meet agreed deadlines.Web Studio Marita will not be liable or become involved in any disputes between the site owner and their clients and cannot be held responsible for any wrongdoing on the part of a site owner e.g. any disputes content / images that have been provided to Web Studio Marita for inclusion on the site. Web Studio Marita will not be liable for any costs incurred, compensation or loss of earnings due to the work carried out on behalf of The Client or any of The Client’s appointed agents.Once a website has been designed and completed the final balance of payment is then due in accordance with the payment terms of Web Studio Marita. There are no exceptions to this, i.e. if The Client decides, they do not want the site any longer, as they have commissioned the work and paid a deposit, they are still obliged to pay for the work that has been done. Non payment will result in legal action being taken if necessary. Once full payment is received for a website, it is assumed that the project has been completed to The Client’s satisfaction and no refunds can be offered.
Web Studio Marita does offer free updates for a month after completion to allow for any final amendments that may be required (only works previously agreed included. Exclusion: all additional works not included in the agreement).
Web Studio Marita reserves the right to refuse to handle in any way or material, which may be deemed offensive, illegal or in any way controversial.
§8 Website Hosting & Domain Names
Web Studio Marita recommends hosting companies to host websites, however they do not give The Client a guarantees can be made as to the availability or interruption of this service. Web Studio Marita cannot accept liability for losses caused by the unavailability, malfunction or interruption of this service, or for loss of turnover, sales, revenue, profits or indirect, consequential or special loss.
Web Studio Marita reserves the right to refuse to handle in any way or material, which may be deemed offensive, illegal or in any way controversial, and also to terminate the free hosting service should the necessity arise.
All websites designed and programmed by Web Studio Marita are subject to a ‘domain lock’ and will only be released at a contracted fee.
Web Studio Marita gives no warranty or representation that The Client’s domain name is or will continue to be available for The Client’s use or that no domain name is or will be registered, which conflicts with The Client’s domain name or which otherwise affects The Client’s use of their domain name.
§9 Database, Application and E-Commerce Development
Web Studio Marita cannot take responsibility for any losses incurred by the use of any application created for The Client. However Web Studio Marita takes every care to ensure that products are problem free and accurate. The ultimate responsibility lies with The Client in ensuring that all application is tested and functioning correctly before use.
Scripts, applications or software (unless specifically agreed) written by Web Studio Marita remain the copyright of Web Studio Marita and may only be commercially reproduced or resold with the permission of Web Studio Marita.
§10 Website Optimization
Because of external factors, such as changes to the way search engines rank websites, Web Studio Marita cannot offer any guarantees regarding the position they will achieve for websites. Natural way of increase search ranking is proper amount of traffic and hits of The Client’s website.
Web Studio Marita cannot accept liability for any change in rankings, or drop off in the position of The Client’s website due to changes of the search engines or the factors that search engines use to rank websites.
Web Studio Marita uses ‘white hat techniques’ when optimizing websites, however with extra cost (payment is generally required in advance and Web Studio Marita is unable to offer a refund to clients in relation to this type of work), Web Studio Marita can use advanced tools to raise The Client’s search level.
Web Studio Marita will make effort to ensure that any developed/designed site or application will function correctly on the server it is initially installed in and that it will function correctly when viewed with the web browsing software MS IE10 & Edge and Mozilla Firefox, Chrome, and to an acceptable level with Safari and Opera browsers, and mobile devices browsers. Web Studio Marita can offer no guarantees of correct function with all browser software, especially older than IE8 & IE9 and older version of IE.
§12 Conflict and Complaints Procedure
Web Studio Marita will tell The Client as soon as possible, if there is a conflict of interest in transacting The Client’s business. Web Studio Marita may need to decline The Client’s instructions, if there is such a conflict.
If The Client’s experiences a problem with their web service provided by Web Studio Marita, they should raise the matter directly using online contact form or send an e-mail on: email@example.com of Web Studio Marita, giving sufficient information to locate the material (url) and clearly explain the grounds for complaint.
Web Studio Marita will do everything to resolving the matter to the satisfaction of the complainant.
§13 Uncollected Work
The Client needs to collect their items of work including prints and original files belonging to them. If The Client’s belongings are not collected after 6 months of the requested work being done, Web Studio Marita reserves the right to dispose of such material.
§14 Your Privacy
Web Studio Marita does not share or sell any of The Client’s details with third party companies, without The Client’s permission and will only e-mail or contact The Client to discuss a work related matters.
Please note: Web Studio Marita will publish The Client’s name and his company name if The Client used Web Studio Marita to finish the ordered works which has not been paid for, and the payment cannot be recovered from the Clinet or his company.
§15 Scots Law
These terms and conditions shall be governed by Scots law and are subject to the exclusive jurisdiction of the Scottish courts.