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Orders are accepted on condition that all supplied source content for the website complies with current legislation and conforms to the provisions of the British code of Advertising Practice.
Definitions: In this Agreement the terms have the following meanings:
(a) "The Client" means any person, company, partnership, organisation or body at whose application, True Creations agrees to provide the products and/or services under the terms of the Agreement.
(b) "The Agreement" means the contract between True Creations and the Client to which these conditions will apply.
(c) "The Order Form" means the digital or printed document completed by the Client in order to enter into the Agreement.
(d) "Order" means the request by the Client for products and/or services in the Order Form and Agreement.
(e) "Completion of design" means 5 days from the site design being uploaded to the Client area of the True Creations website, for approval by the Client, without notification from the Client that the design is unsatisfactory.
(f) "Completion of site" means 10 days from the site being uploaded to the Client area of the True Creations website, for approval by the Client, without notification from the Client that the site is unsatisfactory.
(g) "Deliverables" are the outputs of services to be supplied under the Agreement and shall include but are not limited to, all software and written material, including programs, files and other programming documentation.
Scope: This Agreement shall apply to all goods and/or services ordered by the Client from True Creations.
Payment: An upfront payment of 30% of the total fee is due with the Order, 40% on Completion of design and the final payment of 30% is due upon Completion of site, unless otherwise agreed. Whilst any payment due under the Agreement remains outstanding, True Creations shall be entitled at its sole and absolute discretion to withhold provision of any goods or services it would otherwise be obliged to provide under the Agreement. All payments by cheque, bankers draft or money order must be made in pounds sterling. Credit card and debit card transactions are not accepted for payment at this time.
Liability: True Creations hereby excludes itself, its Employees and or Agents from all and any liability for loss or damage caused by any inaccuracy; omission; delay or error, whether the result of negligence or other cause in the production of the web site; All and any liability for loss or damage to Clients artwork/photos, supplied for the site, irrelevant of whether the loss or damage results from negligence or otherwise.
Third Parties: True Creations may use third party products and services in the provision of services to the Client and cannot be held responsible for such goods and services.
Copyright: Any web page; design or entire site designed by True Creations carries a copyright, and cannot be reproduced without written consent. The placing of an Order by the Client or other person/Agency on behalf of the Client constitutes a guarantee that all necessary authority and permissions have been obtained in respect of the artwork, design and photographs, for use in the site. The Client must indemnify True Creations in respect of all actions; proceedings; costs; demands and claims arising from any such breach.
Precautions: Advertisements must comply with the Business Advertisements (Disclosure) Order 1997 and the Trade Descriptions Act 1968.
Delivery: On completion of work, the deliverables will be uploaded to the Client area of the True Creations website for approval under the terms of the guarantee. Upon written approval by the Client, the deliverables will be uploaded to the Clients server. Where the Clients site is being hosted by a third party, True Creations reserve the right to delay the uploading of the deliverables until full payment has been received.
Guarantee: In the event that the Client is not satisfied with the design of their site or the Client would like to cancel their Order for whatever reason, they are entitled to a partial refund of the fees paid to date if cancellation occurs before the Completion of design.
Refunds: Cancellations made before the Completion of design entitle the Client to a partial refund of the total fees paid to date. The refund value is calculated such that all costs incurred in the design and in respect of expenses from third parties, are deducted. This includes but is not limited to: domain name registration; internet hosting and web space; custom content and graphics; and any design costs already incurred charged at the standard time and materials (T&M) rate of £20 per hour. Where possible, third party products will not be purchased until the design has been approved. All such cancellations must be in writing before the Completion of design; otherwise refunds will not be entertained.
Acceptance of Conditions: The placing of an Order with True Creations will confirm acceptance of the aforementioned conditions. Conditions stipulated on our Order Form shall be regarded as void, if they are in conflict with our terms and conditions.
Law: These terms and conditions and all other express terms of contract with True Creations shall be governed and construed in accordance with the laws of England.
Severability: In the event any one or more of the provisions of this Agreement and/or Order Form shall be held to be invalid, illegal or unenforceable, the remaining provisions of this Agreement and/or Order Form shall be unimpaired and the Agreement and/or Order Form 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, illegal or unenforceable provision.