Standard Terms and Conditions

We will, from time to time, review and amend these terms and conditions. Changes will be made without notice. An up-to-date copy of our terms and conditions may be found on our website.

1. General

All prices are quoted in Great British Pounds.

1.1 What’s not included

All prices exclude VAT unless otherwise specified. VAT will be charged at the prevailing rate when an invoice is raised by Adept to the client.

Goods and services other than those listed with the project descriptions are extra, which include but may not be limited to: writing and editing of text, stock photography fees, music and video licensing fees, purchase of special typefaces, printing costs, website hosting, domain names and software licensing fees.

Meetings at the client’s premises are only included if stated in the quotation. Additional meetings held at the client’s choice of location will be at extra cost, which is dependent on location, duration and staff attendance. Reasonable meetings held at Adept’s chosen premises are at no additional cost.

If the scope of a project changes from the initial quotation, additional charges will apply.

1.2 Payment Terms

Unless otherwise agreed, an invoice will be raised upon completion of work by Adept. Payment terms are strictly 30 days.

Once work has been commissioned, any time spent working on your project by Adept will be recorded. Should you cancel the project before completion any work already completed will be invoiced for at our standard hourly rate. All deposits paid to Adept in advance are non-refundable. Should the project be cancelled after a deposit has been paid, any further amount due will be reduced by the value of the deposit paid.

If a project runs for more than 60 days, we will issue an invoice for any completed phases of the project.

1.3 Supply, Proofing and Signoff

Final checking and signoff on all work completed by Adept will be the responsibility of the client. Whilst we take efforts to ensure that no mistakes are present, we can make no guarantees.

Proofs for print jobs will be presented via Adobe PDF or as 4 colour process laser proofs. Digital jobs will be presented in a suitable digital format such as a browser based visual.

1.3.1 Changes due to client error

All materials provided to Adept by the client should be in their final form. Changes necessitated by the client’s revisions or additions following approval at any stage will be billed additionally at our standard hourly rate.

1.3.2 Supply of text and images

All text and images should be supplied in a suitable digital format. It is the client’s responsibility to ensure that all images supplied are of a suitable resolution for the required use. Text should be provided in a format compatible with Microsoft Word.

All content supplied in hard copy or incompatible formats may be subject to additional charges for typing, scanning or converting.

Final content should be supplied to Adept before work is carried out to avoid additional costs being incurred for replacing content at a later date.

1.4 Stock Library Images and Photo Selection

Where stock library image’s are purchased on behalf of the client by Adept, the cost of these images plus an administration charge will be passed on to the client. Each stock library image will be subject to additional terms and conditions. Some stock library images will be licensed only for the original use, and would require additional licensing in order to be used for other projects.

Depending on the individual images license it may be possible for Adept to supply the client with the image for other uses, however this may not always be the case.

Some stock library images carry additional licensing requirements, such as the requirement to display a credit alongside the image. When Adept sources an image we will advise where this is the case.

1.4.1 Photo Selection

The client is to determine which of their photos are to be used, if any. Photos to be considered for use are to be presented by the client to Adept before concepts are presented.

1.4.2 Model Releases

Any image which depicts another person requires their permission to use the photo. Any photo provided by Adept will have the necessary permissions/model release in place. If an image is provided by the client, it is their responsibility to ensure any necessary permissions are obtained.

1.5 Copyright

a. All materials provided by the client to Adept for the purposes of providing the services and/or goods will remain the copyright of the client where the client already owns such rights. The client is responsible for ensuring necessary permissions/licenses have been obtained for the use of any materials provided to Adept.

b. All materials produced by Adept will remain the copyright of Adept. The client will have permission to use these materials provided solely in the agreed capacity upon payment being made in full to Adept.

c. The client does not have permission to copy, resell or redistribute the materials produced by Adept without the express and written permission of Adept.

d. Adept may use elements from the client’s project in its own promotional materials without restriction or permission. Adept may also use materials from the project as originally delivered for before/after representations.

1.6 Rush work

Adept’s ability to meet deadlines is based upon the client’s provision of all necessary information and approvals in a timely manner. Fees quoted are based on work performed during the course of regular working hours. Our office hours are Monday to Friday, 9am to 5.30pm, excluding UK public holidays and a period of closure over Christmas. Overtime, evening, rush, holiday and weekend work necessitated by the clients directive is billed at 1.5 times the standard hourly rate on which all pre-quoted projects are based.

1.7 Validity Period

All quotations shall be valid for 30 days. After this time fees and schedules may be subject to change. Proposals approved and signed by the client within the validity period are binding and quotations will be honoured subject to the defined scope of the project and the provisions within these terms and conditions.

1.8 Archiving

Within one week of a project being completed and invoiced, Adept will archive all digital files related to the project for a period of three years. Within 30 days of the files being archived, they will further be archived to a secure off-site location.

Files may be kept in the archive for more than three years, however after this time we make no guarantees of their availability. Files may be taken out of the archive, and supplied to the client for a nominal fee. As some files may only be stored off-site we may require up to 48 hours, Monday to Friday to retrieve the files.

Adept is not responsible for digital files becoming unreadable due to hardware or software changes. Files will be provided in the format created/supplied by Adept. If it is necessary for Adept to perform any additional restoration or conversion work further fees will be charged.

1.9 Supply of artwork

Where file sizes allow, we will supply artwork and print ready files by email or other electronic transfer methods such as FTP.

When file sizes exceed 100mb we will normally supply files on CD/DVD by post, as it is more economical and reliable. This obviously will obviously take longer to receive the files as we are limited by the Royal Mail collection and delivery schedule so please give us as much notice as possible.

2. Website Design and Development

2.1 Browser Compatibility

Adept will attempt to test your website to ensure it functions correctly in a wide range of web browsers on a range of different computers and devices. Any problems highlighted whilst the project is on-going will be corrected where possible.

2.2 Changes to Content and Functionality

Any changes to your website’s content or functionality after it has been launched will be subject to additional charges, unless included within the scope of the original quotation.

2.3 Warranty

Adept will make use of technologies that are stable and unlikely to change. Due to the fast moving nature of the internet, Adept will only be able to provide warranty and technical updates for a period of 1 year after the launch date of your website.

2.4 SmartWeb Content Management System

The SmartWeb Content Management System is provided to the clients of Adept for the management of their websites. It is an packaged product made available by Adept, to which the client is granted a non-exclusive license to use to manage their website.

The source code of the system is subject to additional copyrights, and may not be altered under any circumstances without written permission.

While SmartWeb is offered free of charge, there may be additional services made available through the system that are subject to additional fees.

Certain facilities of the SmartWeb system are only available whilst your website is being hosted by Adept, and functionality may be limited if hosting is transferred. Unless otherwise agreed, the continued use of the SmartWeb system requires an ongoing hosting and support package with Adept.

2.5 Additional/Commercial Software

Where additional software is provided by Adept, you are granted a non-exclusive license to use the software for its intended purpose on your website. If commercial software is used in your website, separate terms and conditions and fees may apply.

3. Website Hosting and Domain Names

All users of our hosting services must abide by these terms and conditions. Failure to do so may lead to the suspension or removal of the site.

3.1 Renewal Policy

Hosting of your site by us must be renewed annually. Domains registered by us or transferred to us will need to be renewed within 30 days of their renewal date with the relevant registered organisation. You will be responsible for renewing any other domains with your registrar agent even though a domain may be hosted by us. They will normally contact you before it is due; please ensure your contact details are kept up to date.

We reserve the right to increase prices between renewal dates; you will be told of any changes. You are under no obligation to renew your hosting or domains with us, however there will be a charge for transfers, and you must assume responsibility for ensuring site compatibility and for any disruption. Some facilities of your website may cease to function correctly if the hosting is transferred due to situations beyond our control.

3.2 Acceptable Use Policy

Under no circumstances is unlawful or immoral material acceptable within our hosting network.

Generally, conduct that violates copyright, law, regulation or the accepted norms of the Internet community, whether or not expressly mentioned in this policy, is prohibited. We also reserve the right to prohibit activities that do not comply with ethical principles.

Conduct that would be unlawful in other contexts (for example but not limited to, threats, harassment, defamation, obscenity, software piracy or spam) is prohibited.

If any unacceptable content is found on your website we will take steps to ensure its prompt removal. If for any reason we are unable to remove the specific unacceptable content we may have to suspend access to the whole website. You will be kept informed of any action taken against your account.

3.3 Usage and Restrictions

You must not exceed the server resources allocated to you in your hosting plan. You will be required to upgrade to another plan if you repeatedly exceed these limits.

Unless otherwise arranged, your website will run from a server shared by a number of clients. You must not run or use any system intensive processes that could potentially affect the level of service provided to other users of the system. In these circumstances we reserve the right to remove the offending site.

Administrative access will be limited to the levels originally set up by us. Access privileges can only be upgraded by arrangement and may incur a fee. We reserve the right to limit privileges. However you will not be prevented from editing the content through the SmartWeb CMS, unless you are in breach of these terms and conditions.

Your access to the hosting control panel will be restricted. Changes to these settings must be made by arrangement and may incur a fee.

3.4 Guarantees and Liability

We will endeavour to offer a continuous high quality service. However there may be factors that prevent us from fulfilling this level of service and as such cannot make any guarantees. Under these circumstances we will do our utmost to resolve the situation.

We make no guarantees regarding ranking positions in search engines, whether using our premium keyword service or not.

You will be responsible for ensuring that the content of your site complies with our acceptable use policy. We do not accept liability for material that does not comply.

3.5 Loss of Content

We will ensure that site content is backed up on a regular basis. Reasonable precautions are taken to prevent data loss through system failure. It may be possible to restore lost content in the event of user error however our backups should not be relied upon for that purpose.

Any restoration due to client error will be billed at our standard hourly rate.

3.6 Indemnity

You shall indemnify us and keep us indemnified and hold us harmless from and against any breach by you of these terms of business and any claim brought against us by a third party resulting from the provision of services by us to you and your use of the services and the server including, without limitation, all claims, actions, proceedings, losses, liabilities, damages, costs, expenses (including reasonable legal costs and expenses), howsoever suffered or incurred by us in consequences of your breach or non-observance of any of the terms of this agreement.

3.7 Service Cancellations

All hosting and domain services are billed in advance, as detailed on your invoice. If you wish to cancel a service you must inform us, in writing, at least 14 working days before the expiry date. If you fail to cancel a service it will automatically be renewed as described in Section 3.1, and payment will be due for an additional period of service. Hosting services are charged and renewed annually. Domain names are registered for either one or two years (depending on the domain extension) and will be charged for that same period in advance.

If you cancel your service with us, we are under no obligation to continue to provide assistance to you in relation to your website. We take no responsibility for the continued availability or functionality of your website if your hosting service is no renewed.

3.8 Refunds Policy

As all hosting and domains are billed in advance no refunds will be possible. You are however under no obligation to continue your service as long as you cancel before your current term lapses.

3.9 Data-transfer (bandwidth) coverage

If you go over the allocated amount of data-transfer for your account in any 30 day period, additional data will be charged at a cost of £2+VAT per GB (or part GB).

3.10 Overdue Accounts

If for any reason you have an overdue account with Adept in relation to your website, hosting service or domain name, we reserve the right to suspend that service in order to limit our costs until the account has been settled in full.

3.11 Refusal of service

We reserve the right to refuse, suspend or cancel service at any time. Violation of any rules and regulations could result in a warning, suspension, or possible account termination. Accounts terminated due to policy violations will not be refunded.

If it is necessary for us to suspend your service for any reason, we reserve the right to charge a reconnection fee to cover the time spent in administering the suspension.

4. Disclaimer

We will not be responsible for any damages your business may suffer, and offer no warranty beyond that in Section 2. We disclaim any warranty or merchantability or fitness for a particular purpose, including loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by Adept and its employees. Adept makes no "uptime" guarantees.

5. Complaints Procedure

We aim to always give outstanding customer service, however we recognise that from time to time issues may arise. We are committed to resolving any such issues as quickly and efficiently as possible.

If you are unhappy with any of our services, or you feel that you have not received a satisfactory response from our staff, you may send your complaint in writing to:

Derek Blois, Managing Director
Adept Design (Norfolk) Ltd
15 White Hart Street
Aylsham
Norwich
Norfolk
NR11 6HG