By placing an order with Gomie Design, you confirm that you are in agreement with and bound by the terms and conditions below.
1. DEFINITIONS :
1.2 The Client: The company or individual requesting the services of Gomie Design.
1.3 Gomie Design: Primary designer/site owner & employees or affiliates.
1.4 Hosting Provider Company refers to the specialist companies, such as Rackspace and Redstation from whom Gomie Design contract their Dedicated Web Servers.
1.5 A Project can be a website, database system, search engine optimisation work, or any other service provided by GD to the Customer.
1.6 “Frustrates” is a term used to describe were one party to a contract acts in a way so as to make it unrealistic for the other party to carry out their part of the contract. .
1.7 The word “contract” as it appears in these terms and conditions shall mean the contract between Gomie Design and the Customer, which will be based on the terms and conditions contained within these terms and conditions.
2.1 GD stands for Gomie Design.
2.2 SLA stands for Service Level Contract.
2.3 ISP stands for Internet Service Provider.
2.4 HPC stands for Hosting Provider Company.
Gomie Design will carry out work only where an agreement is provided either by email, telephone, mail or fax. Gomie Design 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 Gomie Design and the client, this includes telephone and email agreements. If the business has been operational for less than 3 years, personal liability is assumed, there is no exception to this.
4.1 Whilst every endeavor will be made to ensure that the website and any scripts or programs are free of errors, Gomie Design cannot accept responsibility for any losses incurred due to malfunction, the website or any part of it.
4.2 The website, graphics and any programming code remain the property of Gomie Design.
4.3 Any scripts, cgi applications, php scripts, or software (unless specifically agreed) written by Gomie Design remain the copyright of Gomie Design and may only be commercially reproduced or resold with the permission of Gomie Design.
4.4 Gomie Design 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.
4.5 Any additions to the brief will be carried out at the discretion of Gomie Design and where no charge is made by Gomie Design for such additions, Gomie Design 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.
4.6 The client agrees to make available as soon as is reasonably possible to Gomie Design all materials required to complete the site to the agreed standard and within the set deadline.
4.7 Gomie Design will not be liable for costs incurred, compensation or loss of earnings due to the failure to meet agreed deadlines.
4.8 Gomie Design will not be liable or become involved in any disputes between the client and their clients and cannot be held responsible for any wrongdoing on the part of the client.
4.9 Gomie Design 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.
5. Gomie Design 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.
5.1 100% (non refundable) advance payment is required with any project before any design work will be carried out.
5.2 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.
6. Database, Application & E-Commerce Development
6.1 Gomie Design 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.
6.2 Any scripts, cgi applications or software written by Gomie Design remain the copyright of Gomie Design and may only be commercially reproduced or resold with the permission of Gomie Design (unless specifically agreed).
6.3 All applications or sites will be developed on servers recommended by Gomie Design (unless specifically agreed). Where applications or sites are developed on servers not recommended by Gomie Design, 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.
6.4 The client is expected to test fully any application or programming relating to a site developed by Gomie Design before being made generally available for use. Where “bugs”, errors or other issues are found after the site is live, Gomie Design will endeavour (but is not obliged to) to correct these issues to meet the standards of function outlined in the brief.
7. Website Hosting
We offer limited hosting services by buying dedicated server space from Unlimited Web Hosting. They have great customer and technical support and service guarantee for an annual average of 99% network availability for their infrastructure. Should you require any additional information, please refer to the Unlimited Web Hosting Internet Services own websites for their terms & conditions.
8. Data Transfer Limits
8.1 Our monthly data transfer limit is 1GB per Month, if data transfer exceeds this limit it will be charged at £0.01 per MB.
8.2 Whilst Gomie Design recommends hosting companies to host websites, no guarantees can be made as to the availability or interruption of this service. Gomie Design 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.
9. Hosting Payment Policy & Billing Procedures & Subscription policies
9.1 All accounts are set up on a pre-pay subscription basis. We accept payments via, Money Order, Credit Card, PayPal, and Western Union and Direct Debit (Preferred as all others carry a £2.50 admin/postal fee). Setup fees are charged for all new accounts that are paid on a monthly basis and major account changes and are non-refundable. All pricing is guaranteed for the term of pre-payment contract. Gomie Design reserves the right to change prices at any time. Payment is due each anniversary month or period following the date the account was established and in all cases a minimum term of 24 months applies unless otherwise agreed in writing. If 10 days have passed and payment has not been posted, the account will be suspended until further notice. The customer is responsible for all money owed on the account from the time it was established to the time that the subscription date expires. Unauthorized cancellation of a DD mandate will incur a £50 re-set up administration fee. Subscription renews automatically unless customer notifies Gomie Design within 45 days of the subscription expiry date to request termination of services.
10. Payment of Accounts
10.1 A deposit is required from any new client before any work is carried out. It is the Gomie Design policy that any outstanding accounts for work carried out by Gomie Design 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 Gomie Design.
10.2 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.
10.3 If accounts are not settled or Gomie Design 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 a debit collection agency to pursue payment which can also lead to a Small Claims Court to pursue payment, non payment can result in county court judgements (ccj’s) being added to the clients credit rating. Client remains liable for all debt collection costs in the pursuance of non payment accounts.
10.4 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.
11. Passing of Right
11.1 Once all amounts due to us from you are paid and cleared you are assigned the rights to use, as applicable, the products and services, including, the web site which includes the text, graphics, animation, audio components and digital components contained within the finished web site, in accordance with these terms and conditions, the Project Agreement and any applicable agreement, terms or licence but no rights of ownership are conveyed unless specifically stated in the Project Contract.
11.2 No such rights as described in above will pass until all amounts due to us from you are paid. This means that we will have a lien over any service, products, data or information. If you have not paid the invoice in full within 2 months from the date of the invoice you agree that you will forfeit your rights.
11.3 The rights to photographs, graphics and any third party items such as source code, always remain the property of their respective owners.
11.4 Unless you have our specific written agreement in the Project Contract, all products, including Content Management Systems, interfaces, navigational devices, menus, menu structures or arrangements, icons, help, all operational instructions, scripts, cgi applications, software, programming/source code, and all other components of any source or object computer code that comprises the Website, all literal and non-literal expressions of ideas that operate, cause, create, direct, manipulate, access, or otherwise affect the Content and design elements used or developed and all software, and our products and results of our services remain our property and we retain full ownership rights and all intellectual property rights. You specifically agree not to do anything that may in any way infringe upon or undermine our rights, title, or interest in the Website or our products and services. This includes, but is not limited to, any sale, transfer or gift of the whole or of any part of any item, data or anything whatsoever that we own. You fully understand that we may reproduce, reuse, develop and use in any other way we choose, anything within our ownership.
12. Complaints Procedure
12.1 Informal Procedure
12.2 Anyone who experiences a problem with their web service provided by Gomie Design should raise the matter directly using our online contact form to do so, giving sufficient information to locate the material (such as an url) and clearly outlining the grounds for complaint.
12.3 Gomie Design will approach the individual responsible for the material in question with a view to resolving the matter to the satisfaction of the complainant.
13. Formal Complaints Procedure
13.1 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.
13.2 A formal complaint should be made in writing to Gomie Design, who will acknowledge receipt and ensure that the matter is looked into as soon as possible.
13.3 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