Terms and Conditions

  
 

1.  General Introduction:

 

1.1  The “client” – means the person, firm, company, organization or individual whose name is on the signed agreement with EmmyGraph.

1.2  Any work carried out by EmmyGraph (hereafter “EmmyGraph”) on the behalf of the client (including registration of domain name(s) and web-space) remains the property of EmmyGraph until the account is paid in full.

1.3  All projects are subject to 25% non-refundable deposit paid before commencement of the project,
a further 35% is payable on the approval of the draft design.

1.4  The Client is engaging EmmyGraph for the specific purpose of developing and/or improving a World Wide Web site to either be hosted on EmmyGraph’s own server or installed on the Client’s existing web-space provided by an independent hosting company. The Client hereby authorises EmmyGraph to access all accounts, and authorises any such Internet Service Provider or independent hosting company to provide EmmyGraph with “write permission” for the Client’s web page directory, cgi-bin directory and any other directories or programs that need to be accessed for this project.        

1.5  Any alterations done after the acceptance of the draft by the Client would be charged at EmmyGraph’s standard hourly rate. 

1.6  The Client and EmmyGraph will work together to complete the project within the timescale agreed between them.

1.7  EmmyGraph reserve the right to terminate the agreement without any notice to the Client, if the terms and conditions were not adhered to at anytime by the Client.

1.8  No work will commence until this document has been signed by the Client, deposit paid and both were received by EmmyGraph.

 

2.  Website Design:

 

2.1  EmmyGraph will provide an estimate of the cost of the proposed work, if the Client agrees the estimated cost a non-refundable deposit of 25% of the estimate will be paid upon the signature of the terms and conditions, a further 35% is payable on the approval of the draft design.

2.2  A draft of the website design will be submitted to the Client for approval.

2.3  Website content (i.e. text) will be provided by the Client.

2.4  Website pages are equivalent in size to one sheet of A4 paper when printed, content exceeding this amount will be classed as an extra page and charged for accordingly.

2.5  Website (Custom made) designed by EmmyGraph will be submitted to the main free submission search engines and directories. Submission to search engines does not guarantee inclusion in their directory or a high ranking.

2.6  Every web page designed by EmmyGraph will carry an acknowledgement to that fact with a link to the EmmyGraph’s website.

2.7  The website may or may not be included in EmmyGraph’s portfolio.

2.8  When the website has been completed all outstanding monies will be paid before it is uploaded to the hosting server.

 

3.  Website Maintenance:

 

All work carried out by EmmyGraph under the website maintenance service will be regarded as updates to information only. Any structural changes will be charged at a rate quoted by, and at the discretion of, EmmyGraph according to the number of changes requested.

 

4.  Website Hosting:

 

4.1  EmmyGraph can provide hosting but if the Client wishes the website to be hosted elsewhere EmmyGraph will if necessary assist the Client in choosing a suitable web host.

4.2  EmmyGraph will not be held responsible for any problems which may occur with regard to any independent web hosting company chosen by the Client.

4.3  All charges for the hosting service provided by EmmyGraph shall be paid in advance by the Client. Failure to do so may lead to the Client's website being suspended or removed from the server.

 

 

5.  Domain Name Registration:

 

5.1  EmmyGraph will provide the Client with a free .co.uk domain name registration for two years with EmmyGraph’s Website and Hosting packages.

5.2  The Client is responsible for all future registration renewals of their domain name(s).

5.3  The registration and use of the Client’s domain name is subject to the terms and conditions of use applied by the relevant Registry; the Client shall ensure that they are aware of those terms and conditions and that they comply with them.

5.4  By registering a .co.uk domain name, the Client enters into a contract of registration with Nominet UK on the terms and conditions published at http://www.nominet.org.uk.

5.5  The Client shall have no right to bring any claim against EmmyGraph in respect of any refusal to register a domain name by the relevant registration authority.

 

 

6.  Graphic Design:

 

6.1   Graphic design includes Logo, Business Stationery, Brochures, Posters, Flyers, Leaflets, Ads and Packaging etc…..

6.2   EmmyGraph will provide an estimate of the cost of the proposed work, if the Client agrees the estimated cost a non-refundable deposit of 25% of the estimate will be paid upon the signature of the terms and conditions.

6.3   A draft of the design will be submitted to the Client for approval.

6.4   Design content (i.e. text) will be provided by the Client.

6.5   All outstanding monies will be paid on completion of work.

 

7.  Pricing:

 

7.1   EmmyGraph will provide the Client with a quote for the cost of the proposed work, prices are based on the content agreed on between EmmyGraph and the Client at the time of order.

7.2   After receipt of the Client’s signed purchase order EmmyGraph reserves the right to revise the original quotation where alterations to content or specifications are made by the Client and not covered by the Client’s original signed purchase order.

7.3   All prices quoted by EmmyGraph are exclusive of VAT.

 

8.  Payment:

 

8.1   All Charges payable by the Client for the services shall be in accordance with the scale of charges and rates published from time to time by EmmyGraph on our website.

8.2   EmmyGraph reserve the right to change pricing at anytime although all pricing is guaranteed for the period of prepayment.

8.3   Payment shall be made in pounds sterling by cash, cheque, bankers draft or electronic transfer.

 

9.  Copyright:

 

9.1   EmmyGraph reserves copyright on all materials and designs and forbid the Client to pass such materials and designs to a third party or associated business without first seeking EmmyGraph’s permission and agreement.

9.2  The Client gives EmmyGraph an unconditional guarantee that all elements of text, graphics, photos, designs, trademarks, or other artwork provided to EmmyGraph for inclusion in web pages are owned by the Client, and will not hold EmmyGraph responsible for any lawsuit or other action arising from the use of such elements provided by the Client.

 

 

10.  Privacy Policy:

 

10.1   EmmyGraph maintains a strict privacy policy, as we are committed to protecting our Client ‘s privacy.

10.2   The information we collect about our client includes their name, address, telephone numbers, e-mail address and information supplied through enquiry/order forms and e-mail. 

10.3   The Client’s personal information will be treated as strictly confidential and will not be disclosed to any third party without the permission of the Client. The information will only be used for the purposes of:

  • Processing orders.

  • Domain name registration.

  • Sending information about products, services and offers.

  • Answering any general queries.

  • Providing the Client with the best possible service.

10.4    EmmyGraph will only use the information collected about the Client lawfully in accordance with the Data Protection Act 1998 and according to recommended codes of practice.

 

11.  Liability:

 

11.1    EmmyGraph’s liability to the Client or any other party for the loss including theft or destruction or damage to any materials provided by the Client which are deposited with EmmyGraph for whatever reason will be limited to the replacement cost of the actual material to a maximum of £100 Sterling.

11.2    EmmyGraph will not be liable for delays or failure to complete work due to circumstances beyond EmmyGraph’s control including loss of power supply, machine breakdown, loss of materials, fire, storm, flood, act of god, war, civil disturbance or terrorism.

11.3    In no event shall EmmyGraph be liable to the Client for any loss of business, contracts, profits or anticipated savings or for any other indirect or consequential or economic loss whatsoever and it is the Client’s responsibility to insure against such losses.

11.4   The limit of liability will be restricted to the costs of the services provided by EmmyGraph and no liability will be accepted for consequential loss of any kind.

 

The relationship entered into between the Client and EmmyGraph is governed by the above terms and conditions, which shall apply during and where necessary after the period of the commercial relationship between the Client and EmmyGraph.