our terms & conditions
All clients are encouraged to review this document on a regular basis to ensure they are aware of any changes.
By placing an order with Vividual, you confirm that you are in agreement with and bound by the terms and conditions below.
The Client: The company or individual requesting the services of Vividual.
Vividual: Primary designer/site owner & employees or affiliates.
Vividual will carry out work only where an agreement is provided either by email, telephone, mail or fax. Vividual 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 Vividual and The Client, this includes telephone and email agreements.
2.1 Whilst every endeavor will be made to ensure that the website and any scripts or programs are free of errors, Vividual cannot accept responsibility for any losses incurred due to malfunction, the website or any part of it.
2.2 The website, graphics and any programming code remain the property of Vividual until all outstanding accounts are paid in full.
2.3 Any scripts, PHP Applications, or software (unless specifically agreed) written by Vividual remain the copyright of Vividual and may only be commercially reproduced or resold with the permission of Vividual.
2.4 Vividual 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.
2.5 Any additions to the brief will be carried out at the discretion of Vividual and where no charge is made by Vividual for such additions, Vividual 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.
2.6 The Client agrees to make available as soon as is reasonably possible to Vividual all materials required to complete the site to the agreed standard and within the set deadline.
2.7 Vividual will not be liable for costs incurred, compensation or loss of earnings due to the failure to meet agreed deadlines.
2.8 Vividual 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.
2.9 Vividual 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 Client’s appointed agents.
2.10 Vividual 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.
2.11 A deposit of 40% is required with any project before any design work will be carried out, and this is non refundable.
2.12 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. Nonpayment will result in legal action being taken if necessary.
3.1 Vividual 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.
3.2 Any scripts, PHP applications or software (unless specifically agreed) written by Vividual remain the copyright of Vividual and may only be commercially reproduced or resold with the permission of Vividual.
3.3 Where applications or sites are developed on servers not recommended or maintained by Vividual, 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 Clients responsibility to provide a suitable testing environment which is identical to the final production environment.
3.4 The Client is expected to test fully any application or programming relating to a site developed by Vividual before being made generally available for use. Where "bugs", errors or other issues are found after the site is live, Vividual will endeavor (but is not obliged to) to correct these issues to meet the standards of function outlined in the brief
4.1 Vividual will endeavor to ensure that any developed/designed site or PHP application will function correctly on the server it is initially installed in and that it will function correctly when viewed with the web browsing software Microsoft Internet Explorer Version 6 and to an acceptable level with Mozilla browsers. Vividual can offer no guarantees of correct function with all browser software.
5.1 Whilst Vividual recommends hosting companies to host websites, no guarantees can be made as to the availability or interruption of this service. Vividual 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.
5.2 Where The Client wishes to use a third party hosting company or their own server(s) not maintained by Vividual, The Client must keep full security copies of their computer programs, PHP applications, databases and computer records on a daily basis or more frequently if required by best computing practice. Vividual is not obliged to undertake backup of computer software, PHP applications, databases or computer records hosted by a third party company or The Clients own server(s). Vividual cannot accept liability for losses caused by the negligence of The Clients backup procedures, or for loss of turnover, sales, revenue, profits or indirect, consequential or special loss.
5.3 Vividual 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 hosting service should the necessity arise.
6.1 A deposit is required from any new client before any work is carried out. It is the Vividual policy that any outstanding accounts for work carried out by Vividual 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 Vividual.
6.2 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.
6.3 If accounts are not settled or Vividual 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, nonpayment can result in county court judgments (ccj's) being added to The Clients credit rating.
6.4 Following consistent nonpayment 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.
Anyone who experiences a problem with their web service provided by Vividual should raise the matter directly using our online contact form to do so, giving sufficient information to locate the material (such as a url) and clearly outlining the grounds for complaint.
Vividual will approach the individual responsible for the material in question with a view to resolving the matter to the satisfaction of the complainant.
The formal complaints procedure should only be used when the complaint is considered 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 Vividual, 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.
Neither party shall be liable for delays or failure to comply with its obligations hereunder as the result of circumstances beyond the reasonable control of the said party including weather, power failure, flood, earthquake, strikes, war, civil commotion, riot and actions by civil servants, government or local government bodies or other third parties outside the control of the said party.
9.1 This agreement constitutes the entire agreement between The Client and Vividual relating to the subject of this agreement. In addition it supersedes all prior written or
oral communications between the parties or their agents with respect to the subject of this agreement. Each party irrevocably and unconditionally waives any right it may have to rescind this agreement and/or claim damages or other relief for any misrepresentation or warranty not contained in this agreement, unless such misrepresentation or warranty was made fraudulently.
9.2 This agreement may not be amended or replaced except with the written agreement of both The Client and Vividual.
9.3 The express terms of this agreement are in place of all warranties, conditions, undertakings, terms and obligations implied by statute, common law, trade usage, course of dealing or otherwise all of which are hereby excluded to the fullest extent permitted by law.
9.4 Vividual reserves the right to change these terms and conditions at any time by posting changes on the Website. It is the Client’s responsibility to review the Website terms and conditions regularly to ensure awareness of the latest terms and conditions. The Client’s use of the Website after a change has been posted will be deemed to signify acceptance of the modified terms and conditions. Vividual recommends that the Client prints off and retains a copy of these terms and conditions from time to time.
If any provision of this agreement shall be held invalid, illegal or unenforceable, then such provision does not constitute a substantial part of this agreement. Thus its deletion shall not defeat the purpose of this agreement, and the validity, legality and enforceability of the remaining provisions shall not be affected.
The headings in this document are intended only for convenience and do not form part of this agreement.
This agreement shall be governed by and construed in accordance with the laws of England.
A person who is not a party to this agreement has no right under the Contract (Rights of Third Parties) Act 1999 to enforce any terms of this agreement but this does not affect any right or remedy of a third party which exists or is available apart from that Act.