1. Contract

   The client’s approval for work to commence shall be deemed a contractual agreement between the client and animatedesigns and indicates that the client accepts the terms and conditions outlined in this document.

2. Client Copyright Responsibility

   Where the client provides images, text, animations or any other content for their website or design work, they are legally responsible for ensuring that this material does not infringe any copyright. Certain images provided by animatedesigns in the development of designs may have been purchased under licence from stock image suppliers. These images are generally only licensed for single use or limited reproduction run and may not be used in future publicity material. The client is legally responsible for ensuring that this does not happen. If you wish to re-use any images for other purposes please contact us for clarification.

3. Intellectual Copyright

   animatedesigns will hold intellectual copyright of any material, including any source code, animation and original images created for the client until payment of the final invoice. At this time we will transfer this intellectual copyright to the client. animatedesigns retains the right to display the artwork in their portfolio and advertising materials, unless exclusivity is requested and agreed.

4. Client’s Property

   Client's artwork and any other property supplied to animatedesigns by or on behalf of the client will be held and worked upon at the client's own risk. Property will be returned on request at any time prior to completion of contract.

5. Revisions

   Designs are expected to go through a number of revisions as part of the normal design process. While these revisions are usually covered by any fixed price given, animatedesigns reserves the right to declare any change to the service provided as ‘out of brief’ and prices will be adjusted and agreed accordingly.

6. Registration Charges

   All third party costs arising from the registration of a domain name shall be met by the client. animatedesigns recommend that clients register their own domain names so that they have full ownership of these but where we have registered a domain name on the client’s behalf we agree to transfer this domain name to the client immediately upon request and without charge.

7. Search Engine Promotion

   animatedesigns is not responsible for the client’s on-going web site promotion. Should the client require the site to be promoted on an ongoing basis a separate contract must be agreed. The order in which websites are ranked in search results is controlled by search engines. While we can optimise your site for this, we are unable to make any guarantees about the success of any search engine promotion activity.

8. Quotations

   Quoted prices are valid for 60 days following the date of quotation. Any third party prices quoted are correct at the time of quotation and may be subject to change.

9. Cancellation

   In the case that a project is cancelled for any reason before the brief is fulfilled, the client will be liable for the cost of work completed up to the date of termination, and shall be invoiced accordingly.

10. Payment terms

    Payment of any balance will be due within 30 days of final invoice date by cheque or BACS transfer. If a client cheque is returned by the bank as unpaid for any reason, the client will be liable for any bank fees that arise from this.

11. Late Payment

    Accounts that have not been settled within 7 days of a final reminder will incur a late payment charge per current late payment legislation.

12. Maintenance

    Ongoing website maintenance will only be upheld by animatedesigns where the work falls within the scope of a maintenance package, laid out upon purchase. animatedesigns reserves the right to cancel maintenance packages at any time, a refund will be issued to cover the days remaining between the date of cancellation and the date that has already been paid up to. Please allow 30 days for maintenance to be completed unless stated otherwise by animatedesigns.

13. Security

    animatedesigns is not responsible for any damages, loss of business or problems arising on completed sites as a result of illegal activity. Although we will endeavour to protect from this as much as possible during website creation and modification, it is the client's responsibility to maintain security of the website to protect against attacks such as worms, viruses, malicious code, spyware, spam or phishing.
    
    The website owner is entirely responsible for maintaining the confidentiality of the password and account, and entirely responsible for any and all activities that occur under that account. Where the responsibility lies with animatedesigns to upload materials to client’s webspace, a password must be supplied to allow access. animatedesigns will not store your security information for any longer than is necessary, but it is recommended that as soon as the work is completed the client takes action to change the password/security details.
    
    Websites will be held on a third party password protected server. animatedesigns cannot be held responsible for any system availability or performance problems, or any breach of security due to the effects of fraudulent activity by hackers or other unauthorised persons.

14. Loss of Materials

    animatedesigns cannot be held responsible for websites, designs, animations or videos lost due to crash, corruption, deletion or viral attack on third party host or any other storage device. A CD-ROM containing the client’s work can be purchased at the time of development as backup.

15. Compliance with Ecommerce, Accessibility or Other Regulations

    animatedesigns create websites in accordance with the client’s specifications. It is the client’s responsibility to ensure that the website and its content comply with current regulations. animatedesigns cannot accept responsibility for any failure to comply with regulations related to accessibility, selling online or those related to a specific business or trade. We can research this on the client’s behalf upon request, but in any business where complex compliance issues exist we recommend that the client takes legal advice from their company lawyer.

16. Liability

    Where work is defective for any reason, animatedesigns’ liability (if any) shall be limited to rectifying such defects in so far as animatedesigns is reasonably able to do so. Invoices must be settled in full before any consideration to disputes or refunds can be given.

17. Force Majeure

    animatedesigns will make every effort to carry out the client's instruction and the resulting contract, but shall be under no liability if unable to carry out any provision of the contract for any reason beyond animatedesigns’ control including inability to secure labour, materials or supplies, breakdown of machinery or malfunctions, or as a result of any Act of God, war, labour dispute, fire, flood, legislation or failure of power supply. During the continuance of such contingency the client may, by giving notice in writing to animatedesigns, elect to terminate the contract and pay for work done up to such notice and for materials used, but shall otherwise accept delivery when available.

18. Exclusion

    Neither animatedesigns nor any of its suppliers, associate companies, officials, employees, shall be liable to the client or any third party for any loss or damage of any nature which may be suffered in consequence of any failure on the part of animatedesigns to deliver any goods timeously or at all or for any defects in goods arising from any other cause whatsoever. The client undertakes to be solely responsible for the satisfaction of all third party claims.

19. Disclaimer

    animatedesigns shall not be liable in any way whatsoever for:

    • Any damage of any kind which results from the use of, access to or inability to use the information contained in any web site which it has designed
    • Any errors or omissions in the contents of any website which it has designed
    • Any damages resulting from the downloading of material, data, text, images, video or audio from any site designed by animatedesigns
    • Any content in any site linked to a site designed by animatedesigns and any resulting damages from a site visitor’s access to any such linked site
    • Any loss of data resulting from delays, non delivery, wrong delivery, or any and all service interruptions caused directly or indirectly by animatedesigns
    • Any damages to, or viruses that may infect, a user’s or client’s computer(s), hardware, software, data or other property which result from access to, or receipt of, any site or digital material provided by animatedesigns.
    • animatedesigns shall not be liable to any business for any incidental, consequential, special, or punitive damages or lost or imputed profits or royalties arising out of this agreement or any goods or services provided, whether liability is asserted in contract or tort (including negligence and strict product liability) and irrespective of whether advice has been given of the possibility of any such loss or damage.

By agreeing to these terms and conditions your statutory rights are not affected.

animatedesigns reserves the right to change, modify, update, add, or remove portions of the Terms & Conditions at any time without notice to you.
Please check regularly for changes. Your continued use of animatedesigns’ services following the posting of changes to the Terms & Conditions will mean you accept those changes.

Revised 22/05/07