Terms & Conditions
Scope
These Standard Terms apply to the supply of all products and services by Aristos Digital, unless we otherwise agree in writing.
Agency
We accept orders and instructions only on the basis that those instructing us do so as principals and are liable directly to us for payment of our account.
Use of third party contractors
We may, as your agent, directly or through an intermediary ask another contractor ("Third Party Contractor") to carry out some or all of any work which you instruct us to carry out for you. We shall pay the charges of Third Party Contractors on your behalf and recharge them to you with our own fees. We will take all reasonable care in selecting and instructing a Third Party Contractor. However, we have no control over the activities of a Third Party Contractor and therefore accept no responsibility for the services provided to you by that Third Party Contractor or for any errors or omissions in its work or products.
Adequacy of instructions
We provide services only on the basis that those instructing us give us all proper, necessary and timely instructions, authority and information (including the execution of all documents required) to enable us to undertake lawfully and effectively the business instructed, and that those instructing us indemnify us accordingly.
Copyright and publication
We accept material for printing and/or publication on the basis that those submitting the material are responsible for ensuring it is free from defamatory matter and does not infringe copyright or any other third party rights, and that those instructing us indemnify us accordingly.
Third party reliance
Our services are provided solely for the use of our client and that client's own client on whose behalf the work has been commissioned and shall not be used or relied upon by any other third party.
Delivery of products and services
Products are delivered using first class post, fax or email (as appropriate), unless otherwise stated. Where you request an alternative method of delivery, you must meet those costs. Services are provided using reasonable skill and care.
The description and price of goods and services and delivery details will be provided in the confirmation of order and/or invoice despatched with the product or service. Products and services will be provided in accordance with the timescales set out in the Consumer Protection (Distance Selling) Regulations 2000 unless otherwise agreed with you.
Payment
We may require cash payment in advance before providing any goods or services. Where we have agreed credit terms for you our invoices are due for payment 21 days from their date. We reserve the right to charge for costs and expenses incurred in recovering late payments, and to charge interest at the rate then in force pursuant to the Late Payment of Commercial Debts (Interest) Act 1998 as at the due date.
Non- completion of services
Where you instruct us to undertake any service, you will be responsible for our costs in providing that service whether or not it proceeds to its conclusion.
Liability
We accept no liability for loss or damage (direct, indirect or consequential) including all loss of profit or business arising out of any single claim, event, or series of related claims or events (including claims based on negligence).
Privacy policy and data protection
Aristos Digital will use personal information which we hold about you to provide our services and products to you, for credit control and market research purposes and to inform you about our services and products or events which we believe may be of interest to you.
We may only share your information with staff, clients, or other specialist networks with the sole purpose of completing your order or transaction. In order to provide services to you we may be required to pass your personal information to parties located outside of the European Economic Area in countries which do not have data protection laws equivalent to those in the UK. Where this is the case we will take reasonable steps to ensure the privacy of your information. Except in the situations listed above or as required or allowed by law or other regulation, we will not pass, disclose, rent or sell your personal information (other than any personal information which is already publicly available) to any third party without your prior consent.
Any personal information that you submit to our website is similarly subject to the terms set out in this privacy policy. By submitting your personal information, you consent to becoming a registered user of our website, and to us using the details that you have provided within the terms set out in this privacy policy. We may use the information to help us understand more about how our site is used by visitors and to enhance our services to you. By submitting your personal information, you give consent for us to contact you from time to time for marketing, advertising and public relations purposes and for as long as necessary for the purposes of fulfilling our obligations to you. We may also periodically send out information updates to registered users of the Aristos Digital website.
We make every effort to ensure the security of our systems. Unfortunately, no data transference or storage can be guaranteed to be 100% secure. As a result, while we strive to protect your personal information after we've received it, we cannot ensure or guarantee the security of the information.
You have the right, by written request and on payment of a small fee, to a copy of any personal data (as defined in the Data Protection Act 1998) which we hold about you.
Website Design
Whilst every endeavor will be made to ensure that the website and any scripts or programs are free of errors, Aristos Digital 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 Aristos Digital until all outstanding accounts are paid in full.
Any scripts, cgi applications, php scripts, or software (unless specifically agreed) written by Aristos Digital remain the copyright of Aristos Digital and may only be commercially reproduced or resold with the permission of Aristos Digital.
Aristos Digital 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 Aristos Digital and where no charge is made by Aristos Digital for such additions, Aristos Digital 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 Aristos Digital all materials required to complete the site to the agreed standard and within the set deadline.
Aristos Digital will not be liable for costs incurred, compensation or loss of earnings due to the failure to meet agreed deadlines.
Aristos Digital 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.
Aristos Digital 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.
Aristos Digital 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 50% (unless specifically agreed) 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
Aristos Digital cannot take responsibility for any losses incurred by the use of any software created for or supplied to 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 Aristos Digital remain the copyright of Aristos Digital and may only be commercially reproduced or resold with the permission of Aristos Digital.
Where applications or sites are developed on servers not recommended by Aristos Digital, 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 Aristos Digital before being made generally available for use. Where "bugs", errors or other issues are found after the site is live, Aristos Digital will endeavour (but is not obliged to) to correct these issues to meet the standards of function outlined in the brief.
Website Hosting
Whilst Aristos Digital recommends hosting companies to host websites, no guarantees can be made as to the availability or interruption of this service by Aristos Digital. And furthermore Aristos Digital cannot accept liability for losses caused by the unavailability, malfunction or interruption of this service, or for loss of turnover, sales, revenue, profits or indirect, consequential or special loss.
Aristos Digital reserves the right to refuse to handle in any way, material which may be deemed offensive, illegal or in any way controversial.
Compatibility
We try to ensure that any websites we produce will function correctly on the server they are initially installed on and that they will function correctly when viewed with Mozilla Firefox (Version 3) running on Mac OSX (Version 10.4.11). Due to the large number of possible operating system and browser combinations we cannot guarantee our websites will function correctly on any other system.
Due diligence
In certain circumstances we are required by law to collect evidence of identity from our clients. If you fail to supply any due diligence which we request we will be unable to provide services to you.
Customer services
If you are unhappy with any aspect of our service, please contact our Director. Any complaints will be dealt with sympathetically and we will work with you to reach a satisfactory conclusion.
Quotations and costs
Our quotes are valid for 21 days. Any advance payments are due immediately, with the remainder due within 21 days (for advertising) or on project completion for any other work. Our costs exclude any outside costs incurred (for example: travel, photography, stock imagery, delivery and couriers).
Our hourly rate is £45.00 p/hr. Any work outside an agreed list of deliverables, in the absence of a quote or due to author's changes is charged at this rate.
We will provide you with estimated timescale for progress and completion of work and will use reasonable endeavors to meet those timescales (as long as you perform your obligations promptly). Any quoted dates or times are our best estimates only and we cannot guarantee that they will be met.
Payment of Accounts
A deposit is required from any new client before any work is carried out. It is the Aristos Digital policy that any outstanding accounts for work carried out by Aristos Digital or its affiliates are required to be paid in full, no later than 21 days from the date of the invoice unless by prior arrangement with Aristos Digital.
Once a deposit is paid and work completed you are obliged to pay the balance of payment in full. 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 Aristos Digital 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.
Changes to terms and conditions
We reserve the right to make changes to these terms and conditions from time to time.
Jurisdiction
Contracts between us will be concluded in the English language and our relationship with you will be governed by English law and will be subject to the exclusive jurisdiction of the English courts.
