Web design terms and conditions
By placing an order with Dreamatrix, you confirm that you are in agreement with and bound by the terms and conditions below.
More information about our terms and conditions:
Definitions:
The Client : The company or individual requesting the services of Dreamatrix.
Dreamatrix: Primary designer/site owner & employees or affiliates.
General
Dreamatrix will carry out work only where an agreement is provided either by email, telephone, mail or fax. Dreamatrix will carry out work only for clients who are 18 years of age or above. An 'order' is deemed to be a written or verbal contract between Dreamatrix and the client, this includes telephone and email agreements.
Website Design
Whilst every endeavor will be made to ensure that the website and any scripts or programs are free of errors, Dreamatrix 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 Dreamatrix until all outstanding accounts are paid in full.
Any scripts, cgi applications, php scripts, or software (unless specifically agreed) written by Dreamatrix remain the copyright of Dreamatrix and may only be commercially reproduced or resold with the permission of Dreamatrix.
Dreamatrix cannot take responsibility for any copyright infringements caused by materials submitted by the client. We reserve 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 Dreamatrix and where no charge is made by Dreamatrix for such additions, Dreamatrix accept 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 available as soon as is reasonably possible to Dreamatrix all materials required to complete the site to the agreed standard and within the set deadline.
Dreamatrix will not be liable for costs incurred, compensation or loss of earnings due to the failure to meet agreed deadlines.
Dreamatrix 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. eg. Any disputes re content/images that have been provided to us for inclusion on the site.
Dreamatrix 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 clients appointed agents.
Dreamatrix will not be liable for any costs incurred, compensation or loss of earnings due to the unavailability of the site, its servers, software or any material provided by its agents.
A non-refundable deposit of £250 is required with all of our projects before any design work will be carried out.
Once a website has been designed and completed the final balance of payment is then due in accordance with our payment terms. There are no exceptions to this, i.e If the client decides they no longer want the site, 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 clients satisfaction and no refunds can be offered. We do offer free updates for a month after completion to allow for any final amendments that may be required.
Database, Application and E-Commerce Development
Dreamatrix cannot take responsibility for any losses incurred by the use of any software created for the client. Whilst every care has been taken to ensure products are problem free and accurate, the ultimate responsibility lies with the client in ensuring that all software is functioning correctly before use.
Any scripts, applications or software (unless specifically agreed) written by Dreamatrix remain the copyright of Dreamatrix and may only be commercially reproduced or resold with the permission of Dreamatrix.
Where applications or sites are developed on servers not recommended by Dreamatrix, the client is expected to provide or seek any information, additional software, support or co-operation pertaining to the server required in order for the application to be correctly developed. Where large applications are to be developed, it is the client's responsibility to provide a suitable testing environment which is identical to the final production environment.
The client is expected to test fully any application or programming relating to a site developed by Dreamatrix before being made generally available for use. Where "bugs", errors or other issues are found after the site is live, Dreamatrix will endeavor (but is not obliged to) to correct these issues to meet the standards of function outlined in the brief
Compatibility
Dreamatrix will endeavor 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 most web browsers. Dreamatrix can offer no guarantees of correct function with all browser software.
Website Hosting and access
Any free hosting service offered by Dreamatrix and taken up by the customer is subject to the following restrictions:
1. All work carried out on the domain to be undertaken by Dreamatrix alone. No ftp access or server access will be granted to the customer or any third party agent.
2. Any future amendments, updates or corrections to the client's website once residing under the free hosting plan will be carried out solely by Dreamatrix. Charges for such work will be made clear and have to be approved by the client. If a client requires a comprehensive price list for such charges before any design work commences, this can be supplied by Dreamatrix on request.
Dreamatrix offer a paid hosting service using a third party hosting company which Dreamatrix supply. After creation of the account and the web design complete, access will be freely available to the client. In this case, Dreamatrix cannot be held responsible for any mistakes or damage to the site for any reason once the site is available for access by the client or any third party agent.
Whilst all endeavours will be made to work with clients who wish to remain with their existing web hosting company, or to find their own hosting company, Dreamatrix cannot be held responsible from difficulties arising as a result of this, such as server incompatibility or functionality and clients should be aware of this.
Clients who are remaining with their existing host are required, upon completion of the website to the complete satisfaction of the client, to pay the total outstanding amount owing for the website design and creation, as agreed by the client and Dreamatrix, before the site be handed over to the client or uploaded to the server as per the client's instructions.
Dreamatrix reserve the right to refuse to handle in any way material which may be deemed offensive, illegal or in any way controversial, and also to terminate the free hosting service should the necessity arise.
Website Optimisation
Due to external factors, such as changes to the way search engines rank websites, we cannot offer any guarantees regarding the position we will achieve for websites. The process of optimising websites itself will bring in more traffic and hits and you'll see visits increase to your site naturally. We cannot accept liablility for any change in rankings, or drop off in the position of your website due to changes in the algorithms of the search engines or the factors that they use to rank websites.
Dreamatrix reserve the right to refuse to handle in any way material which may be deemed offensive, illegal or in any way controversial.
Payment of Accounts
A deposit is required from any new client before any work is carried out. It is the Dreamatrix policy that any outstanding accounts for work carried out by Dreamatrix or its affiliates are required to be paid in full, no later than 30 days from the date of the invoice unless by prior arrangement with Dreamatrix.
Once a deposit is paid and work completed you are obliged to pay the balance of payment in full within 7 days from the date of invoice. We will contact clients via email and telephone to remind them of such payments if they are not received when due.
If accounts are not settled, or Dreamatrix have not been contacted regarding the delay, access to the related website may be denied and web pages removed, we will then pass such cases to the Small Claims Court to pursue payment, non payment can result in county court judgements (ccj's) being added to the clients credit rating.
Following consistent non payment of an invoice our Solicitors will contact the client in question, with a view to taking the matter further and if need be to seek payment through legal procedures, and if necessary court summons.
Your Privacy
We do not share or sell any of your details with third party companies, without your express permission and we will only email you or contact you about work related matters.
Complaints Procedure
Informal procedure
Dreamatrix pride themselves on a friendly, informal yet professional approach. Anyone who experiences a problem with their web service provided by Dreamatrix should raise the matter directly with us via phone or email, whereupon it is extremely unlikely the complaint cannot be dealt with.
Formal complaints procedure
The formal complaints procedure should only be used where the complainant feels that the nature of the complaint is too serious to be dealt with informally, or where a satisfactory conclusion has not been reached after following the informal procedure.
A formal complaint should be made in writing to Dreamatrix, who will acknowledge receipt and ensure that the matter is looked into as soon as possible.
An initial response to any complaint can be expected within seven days of its receipt; a full and considered response to the complaint should be completed within 30 days and any subsequent remedy implemented with the minimum of delay.