FREESTYLE DESIGN TERMS AND CONDITIONS
These Terms and Conditions apply to all print and web design services offered by Freestyle Design. By accepting a quotation from Freestyle Design, you, the Client acknowledges to have read, understood, and accepted the following Terms and Conditions of this Agreement.
1) The Client agrees to take all legal responsibility for use of third party domain name, hosting and email services and hereby agrees to indemnify and hold harmless Freestyle Design from any claim resulting from the Clientís publication of material and use of the domain name, hosting and email services. Any support or payment due relating to the domain name, hosting and email services are to be made between the Client and the third party service.
2) The Client agrees to pass on FTP details and any other access details relating to their domain name and hosting account which Freestyle Design requires to upload the web site if required as part of a project.
3) If, during the design process of a project, the Client does not supply the content required in order to complete the project within a reasonable amount of time, Freestyle Design will consider that the Client wishes to cancel the project.
4) Freestyle Design cannot always guarantee to start work immediately on a project but will arrange a date with the Client as to when work can commence.
5) The Client agrees that a HTML page built from a graphic design may not exactly match the original design because of the difference between the display in design software and the rendering of HTML code by internet browser software. Freestyle Design agrees to try and match the design as closely as is possible when building the code.
6) Freestyle Design does not warrant that all colours will be exactly replicated in the final version of any Materials published.
7) Freestyle Design endeavours to create web sites that are search engine friendly, however, Freestyle Design gives no guarantee that the site will become listed with search engines or of certain search results. In no event shall Freestyle Design be held liable for any changes in search engine rankings as a result of using Freestyle Designs code.
8) After web site completion, a Client or a third party of their choosing may wish to edit their web site code themselves to make updates. However, the Client agrees that in so doing they assume full responsibility for any issues which occur as a result of changing the code themselves. If the Client or a third party of their choosing edits the web site code and this results in functionality errors or the page displaying incorrectly, then Freestyle Design reserves the right to quote for work to repair the web site.
9) The Client agrees that any materials provided by the Client and their use by Freestyle Design for the purpose of providing services will not infringe the copyright or other rights of any third party, and the Client shall indemnify Freestyle Design against any loss, damages, costs, expenses or other claims arising from any such infringement.
10) Freestyle Design shall be entitled to invoice the Client (both on an interim and on a final basis) at any time following the provision of Services and the Client shall pay the amount of Freestyle Designís invoices within 21 days of the date of Freestyle Designís invoice.
11) Freestyle Design reserves the right to withdraw from contract at any time prior to acceptance.
12) Freestyle Design endeavours to provide web or print services within given delivery timescales to the best of our ability. However, the Client agrees that Freestyle Design is not liable for any claims, losses, costs incurred or compensation due to any failure to carry out services within a given delivery timescale. Such timescales given shall be regarded as estimates only.
13) The Client agrees Freestyle Design is not liable for absence of service as a result of illness or holiday.
14) The Client agrees Freestyle Design is not liable for any failure to carry out services for reasons beyond itís control including but not limited to acts of God, telecommunication problems, software failure, hardware failure, third party interference, Government, emergency on major scale or any social disturbance of extreme nature such as industrial strike, riot, terrorism and war or any act or omission of any third party services.
15) Freestyle Design is not liable for any consequences or financial losses including, but not limited to, loss of business, profit, revenue, contract, data or potential savings, relating to services provided.
16) Freestyle Design shall have no liability to the Client for any loss, damage, costs, expenses or other claims for compensation arising from any Materials or instructions supplied by the Client which are incomplete, incorrect, inaccurate, illegible, out of sequence or in the wrong form, or arising from their late arrival or non-arrival, or any other fault of the Client.
17) Freestyle Design shall not be liable to the Client or be deemed to be in breach of contract by reason of any delay in performing, or any failure to perform, any of Freestyle Designís obligations in relation to the Services, if the delay or failure was due to any cause beyond Freestyle Designís reasonable control.
18) Freestyle Design shall not be liable, in contract, tort or otherwise for any loss of profits, business, revenue, goodwill or anticipated savings or for any indirect or consequential or economic loss whatsoever howsoever arising out of or in connection with the Contract.
19) Freestyle Design reserves the right to defer performance of the Services or cancel the Contract, without liability to Freestyle Design, if it is prevented from or delayed in the carrying on of its business due to circumstances beyond its reasonable control.
20) Freestyle Design reserves the right to terminate a project with a Client at any time without prior notification if it finds the Client in breach of these terms and conditions. Freestyle Design shall be the sole arbiter in deciding what constitutes a breach. No refunds are given in such a situation.