Soluminaire Media Terms and Conditions

  • The Company is Soluminaire Ltd. (Private Limited Company). The Client is the company or individual who has engaged the services of Soluminaire Ltd., whether in writing or by verbal agreement.
  • The Website is the Website designed and built for the Client by Soluminaire Media.
  • Contract: The client's approval for work to commence shall be deemed a contractual agreement between the client and Soluminaire Ltd.. Contractual agreement may be written, as per email confirmation, pre written contract signed by both parties or verbal in the event that is it clear we have commited to a process of work being undertaken. i.e. taken control of your domain DNS settings.
  • Intellectual Copyright: Intellectual copyright of any material, including source code and original images created for the client belongs to Soluminaire Ltd. until payment of the final invoice. At this time we will transfer this intellectual copyright to the client.
  • Clients Responsibilities with Regard to Copyright: In situations where the client provides images, text, animations, layouts or any other content for their website they are legally responsible for ensuring that this material does not infringe any copyright laws or practices or trademarks. It's the Clients rsponsibilty to get permission to use Trademarks.
  • Certain images provided by Soluminaire Ltd. may have been purchased under licence from stock image suppliers. These images are generally only licensed for use on a website. The licence may not permit them to be used in publicity material. The website owner is legally responsible for ensuring that this does not happen. If you wish to use any images from the site for other purposes please contact us for clarification.
  •  Search Engine Promotion & Keyword Research: Search Engine Optimisation is part of the contract for an initial 1 year period unless opt out is agreed. Should the client require the site to be promoted on an ongoing basis a separate contract must be agreed. The order in which websites are ranked in the natural search results is controlled by the search engines. While we can optimise your site initially for this by making it search engine friendly, it is impossible to make any guarantees on ranking position. Keyword Research and Market Analysis benefit both parties in order to maximise website visability and success. Keyword Reasearch and market Analysis form part of our website design process.
  • Cancellation: Should the client wish to cancel at any point during the process they shall remain liable for the work that has taken place and shall be invoiced accordingly or refunded their initial payment minus cost of work already done.
  • Conceptualising: Conceptualising is the process of producing website concepts for clients. Concepts can include site mock ups, graphics and design proposals. This clearly takes a lot of time and for higher cost websites it will be included. For low cost sites (say below '1000) you should be aware that (unless previously agreed) only one concept is possible. You should therefore ensure that you let us have your preferred colour scheme and design requirements beforehand. If you dont do this we will design the website appropriately. If it is not to your taste we may not be able to rework the website without additional charges.  For low cost sites, a template system may be used and modified in order to give a unique website tailored to the clients industry.
  • Quotations: The price quoted to the client is for the work specifically agreed on the quotation only. Should the client decide that changes are required after work on the website has commenced there may be a surcharge. Quotations are valid for a period of one month.
  • A deposit (50%) of the total charges is required in order for SEO work to commence. Once work has commenced, this deposit will not be refundable. The balance is due on completion of the agreed upon work.
  • The Website will remain the property of Soluminaire Ltd. until all outstanding accounts are settled in full and we reserve the right to withdraw any product or service that has not been paid for. We also reserve the right to sell on any work completed to interested parties if no final payment is received. We reserve the right to transfer or sell any registered domain names associated with the development until final payment is received.
  • Hosting is charged annually in advance. You have the right to cancel your account at any time up to 2 weeks before the date of renewal, but any remaining time left on your account is non-refundable.
  • Domain name renewals must be confirmed at least one month prior to the renewal date and paid for in advance. Transfer out of domains are subject to a '50 transfer administration charge.
  • All hosting and domain registration fees are non-refundable, in whole or in part, even if your domain name registration is cancelled or transferred prior to the end of the term of your registration.
  • Payment Methods: Unless otherwise agreed, payment is only accepted by cheque, paypal or bankers transfer in UK Pounds Sterling. If your cheque is returned by the bank as unpaid for any reason, you will be liable for a 'returned cheque' charge of '35.
  • Payment: Invoices are only issued when clients accept that their website has been completed to their satisfaction. Payment is due immediately on completion of the website. We reserve the right not to launch a website until full payment has been received.
  • Late Payment 1: Any websites previously launched may be removed if payment is not forthcoming. When this occurs an additional minimum charge of '50 will be required to have the site restored.
  • Late Payment 2: Accounts that have not been settled within 7 days of our final reminder will incur a late payment charge of 10% of the amount outstanding. You will also be charged statutory interest of 8% above the reference rate (fixed for the six month period within which date the invoices became overdue) pursuant to the late payment legislation.
  • This includes late payment for Hosting and Administration, Domain name renewals and Updates requested by yourself.
  • Future Support: Your website will be handed over as a fully functioning, completed work. Support is included for the period of our business working relationship, based on an annual fee, provided that the website is hosted by Soluminaire Ltd..
  • Future Site Problems: Problems caused by malicious software, spyware, viruses and website hacking are a fact of life on today's Internet. It is highly unlikely that these will affect your website, and we will endeavour to protect it from this as much as we can during its creation, but after the website is handed over we cannot be held responsible for problems caused by illegal activity or the actions of others.
  • Access to Client Hosting Space: In the event of Soluminaire Ltd. not hosting your website, we may require ongoing access to our clients' hosting space to allow us to support and monitor their websites. This access is via a user ID and password combination, which the client may change after the website is handed over. If the client chooses to change the password we will no longer have access to the website and further support will not be possible. We cannot be held responsible for any changes made to the website by the client or the client's agents.
  •  Whilst every endeavour will be made to ensure that the website and any scripts or programming included therein are free from errors, Soluminaire Ltd. cannot accept responsibility for any losses incurred either directly or indirectly due to malfunctioning of the website or any of its parts. However, we will always try to rectify any such errors reported as part of the website administration.
  • It is the responsibility of the Client to fully check the content of the Website prior to its publication, and to check that it functions to their satisfaction, and Soluminaire Ltd. will not be responsible for any errors that subsequently come to light.
  • The Company uses the services of external hosting companies, and whilst every effort is taken to ensure that these are reliable, Soluminaire Ltd. cannot be held liable for any downtime of the Clients Website as a result of technical failure or other breakdown of the hosting Server, nor for any loss of sales or profits deemed to have resulted from such.
  • In the event that the Client already has their own hosting service or wishes to use a hosting service other than one recommended by the Company, Soluminaire Ltd. cannot guarantee the correct functioning of the Website or any existing scripts, including form scripts, on that Server. In the event of problems occurring in these circumstances, Soluminaire Ltd. will make every effort to remedy the problem, but any additional programming work incurred as a result will be charged at cost.
  • In the event that the Client has registered or already owns a domain name, with or without hosting, that they wish to use with their Website, it is the responsibility of the Client to either initiate the transfer of their domain to a hosting service supplied by the Soluminaire Ltd. unless otherwise agreed at the contractual agreement stage, or to provide the Company with FTP access to an existing web space. Soluminaire Ltd. cannot be held responsible for any delays caused by domain transfer problems and the Client will be invoiced in full on completion of the Website, whether or not the site is live.
  • Compliance with Ecommerce, Accessibility or Other Regulations: We design websites in accordance with the clients specifications. It is the clients responsibility to ensure that the website usage and its content comply with current online trading laws and regulations.
  • We cannot accept responsibility for any failure to comply with laws and regulations related to accessibility, selling online or those related to a specific business or trade. We can research this on the client's behalf upon request, but in any business where complex compliance issues may exist we recommend that the client takes legal advice from their company lawyer.

Outsourcing & Non Disclosure Agreements (NDA`s)

  •  All Third party web design, marketing or development companies shall be restricted to our Non Disclosure Agreement terms outlined herein.
  • On the understanding that both parties are interested in meeting to consider possible collaboration in developments arising from any intellectual property it is agreed that all information, whether oral, written or otherwise, that is supplied in the course or as a result of so meeting shall be treated as confidential by the receiving party.
  • The receiving party undertakes not to use the information for any purpose, other than for the purpose of considering the said collaboration, without obtaining the written agreement of the disclosing party.
  • This Agreement applies to both technical and commercial information communicated by either party.
  • This Agreement does not apply to any information in the public domain or which the receiving party can show was either already lawfully in their possession prior to its disclosure by the other party or acquired without the involvement, either directly or indirectly, of the disclosing party.
  • Either party to this Agreement shall on request from the other return any documents or items connected with the disclosure and shall not retain any unauthorized copies or likenesses.
  • This Agreement or the supply of information referred to in paragraph 1, does not create any licence, title or interest in respect of any Intellectual Property.
  • The receiving party undertakes not to contact the client without prior written permission from Soluminaire Ltd. under any circumstances.
  • The receiving party undertakes not to disclose the information or subcontract services to another person or business without prior written permission.
  • The receiving party undertakes is not authorised to make domain name server changes, web server configurations, search engine optimisation linking schemes or marketing purposes to the clients website in the course of collaboration without prior written permission.
  • The receiving party is restricted from contacting the client within a 3 month period in relation to the collaboration purposes. Any loss of work resulting from a breach of these terms will incur loss of work charges and legal action to recover such losses and legal fees.

Notes:

Should we waive any of these terms on an individual basis, this shall not affect the validity of remaining clauses or commit Soluminaire Ltd. to waive the same clause on any other occasion.

By agreeing to these terms and conditions your statutory rights are not affected.

We reserve the right to change or modify any of these terms or conditions at any time. Should clarification of any of the above be required please contact us.

Unless the Company receives from the Client an objection in writing to these terms and conditions within 7 days of the order confirmation, it will be deemed that all the above-mentioned terms and conditions are agreed between the Company and the Client.

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