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Terms & Conditions

These Terms and Conditions shall apply to the supply of all services by Loai Design Studio.

By placing an order for services or entering into a work agreement with us the client agrees to be bound by these terms and conditions. Last Updated 22nd August 2015.

Definition of our terminology as used within this document


Proposals & Work Agreements

Each project will be given an estimated completion date. All efforts will be undertaken to complete the project within this time, however the deadline is not guaranteed.


We will only commence work on a project after receipt of a non-refundable deposit of the quoted project Fee from the client.


A Proposal and/or Work Agreement will be sent to the Client for final approval prior to commencing work. Any changes made during the process or after the agreement could incur additional charges.


The Client shall be entitled to reject a Proposal and/or Work Agreement or request amendments to a Proposal and/or Work Agreement up until the date on which the Client accepts such a Proposal and/or Work Agreement.


During the development of the project we will ask the Client to sign off various stages of the project. Once a stage has been signed off, all work within that stage will be considered final and fully approved by you. Any further change to work that has been signed off may incur additional charges.


Failure to sign off any stage within 7 working days of issue will be understood by us to indicate that you are happy to continue to the next stage of the project and we will proceed on the basis that the prior stage has been signed off.


Unless the Client requests us to provide the content for the website it is the responsibility of the Client to provide all text, copy and images for use on the website. If the Client fails to provide any such Client Content according to the timetable of the Proposal and/or Work Agreement, and this causes a delay to the Project, we will consult with the Client and verify whether the Project should be put on hold, or the website populated with ‘dummy text’ and placeholder images until such time as the Client is able to provide the agreed Content. Any requirement to populate the website with placeholder content will be treated as additional work and will be invoiced at our hourly rate.


During the contract period (including the 30 day free technical support post completion) only appointed technicians from Loai Design Studio are to work on the website. Should other technicians alter the website code or database in any way, we will no longer uphold any commitment to provide free technical support.


We will not be liable for any loss that may occur before, during or after the development of the Project. This includes but is not limited to financial loss, human injury, or reputation.


Where asked to provide search engine optimisation for a Client, we do not guarantee any specific placement or high ranking visibility on search engines.


We might predominantly use open source technologies and have the right to use 3rd party plug-ins or expertise if required on any aspect of the project.


Changes & Revisions

We know from experience that fixed priced contracts can sometimes limit you to your first idea about how something should look or how it might work. We do not wish to limit either your options or your opportunity to change your mind. If you do want to change anything we have discussed, alter the design, add extra pages or functionality, any such changes may be subject to additional Fees. We will quote you for any changes you request that fall outside of the originally agreed proposal. Along the way we may ask you to put requests in writing so that we can keep track of changes.


Subcontract

The Client agrees that we may delegate or sub-contract the provision of all or any of the Services to such third parties as we deem fit without the Client’s consent. Notwithstanding such delegation or sub-contracting, we shall remain responsible for ensuring that the Services are performed in accordance with the Agreement.


Legalities, Copyright and Intellectual Property Rights

It is the duty of the Client to establish the rights to any material supplied for inclusion in the project. We cannot be held liable for any breaches in copyright or privacy as a result of images or content supplied. We cannot be held responsible for the illegal use of images, content or format of material supplied by the Client. We reserve the right to remove any website from its servers if we have reason to believe that it is operating illegally. We maintain the right to refuse any material which may be deemed offensive, abusive, defamatory, or in any breach of copyright law.


Where images used on the website have been purchased by us on behalf of the Client, these images are strictly for use on the website only. We are not liable for misuse of these images by the Client or any other persons copying, altering or distributing the images to individuals or other organisations.


We cannot be held responsible for anything adversely affecting the Client's business operation, sales, or profitability that might be claimed as a result of a service offered by us.


We make no claims that the contents of this website may be lawfully viewed or downloaded outside England and Wales. Access to this website may not be legal by certain persons or in certain countries. If this website is accessed from outside of the United Kingdom, it is done at the visitor’s own risk and he or she is responsible for compliance with the relevant laws of the visitor's jurisdiction. The terms and conditions of this website are governed by the laws of England and Wales. Jurisdiction for any claims arising in respect of this website's content shall lie exclusively with the courts of England. If any provision of these terms and conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these terms and conditions, which shall remain in full force and effect.


Payments

Prior to commencement of the Services, we will require the Client to pay a non-refundable deposit for the Services, and should you wish to cancel at any point during the process you shall remain liable for the work that has taken place and shall be invoiced accordingly.


We shall invoice the Client in accordance with the Proposal and Work Agreement, including stage payments specified therein. Unless agreed otherwise in the Proposal or Work Agreement, where stage payments are agreed, the final payment shall be due on completion of the project.


The Client shall pay the Fees and any other charges due to us on delivery of our invoice for the same.


All Fees and other charges are exclusive of Value Added Tax and any similar taxes. All such taxes are payable by the Client.


All Fees quoted are estimates only, never fixed fees due to the nature of the work involved.


Estimated Fees are not binding on us and shall be kept under review and in the event of an Overrun or anticipated Overrun shall be adjusted on notice to the Client.


Fees are calculated on the basis of the initial understanding of the scope of the work detailed in the Proposal or Work Agreement and that the scope of work may change as the Client’s understanding of their own requirements changes.


We reserve the right to increase the Fees in the event of an Overrun or where the Client requires further amendments which are not specified in the Proposal or requires Additional Services or where the Client delays in providing any information required by us or fails to perform any of the Client’s obligations under the Agreement. In such circumstances we shall notify the Client of the additional charges to be incurred and which shall be added to the Fees due.


Any Overruns or Additional Services (including but not limited to any renewal of the Hosting Services) shall be charged for by us on a time and materials basis at our current rates and on a monthly basis unless otherwise specified by us.


We only accept payments via Bank Transfers or PayPal. If the Client chooses to pay by PayPal we may charge a Payment Processor Fee. Please understand that we will have to allow the payment to clear before starting or continuing with your project.


Payments should be made to us within 7 days of the final work being completed. Payments that are 30 days late or more from the due date will incur interest penalties at the rate of 3% of the total amount due.


If the Client fails to make any payment when due to us (whether under the Agreement or any other agreement between the parties), then without affecting any other rights which we may have we shall be entitled to suspend performance of all or any of the Services and/or Additional Services (including Hosting Services), including removing or suspending the Site until payment is received by us.


We shall also be entitled to retain any deposit already paid by the Client Pending payment to us in full of all sums due from the Client, and we will reserve possession of any documents and title to any aspect of the Services and Site that would otherwise be the property of the Client.


The time of payment of the Fees (or any part thereof) and any charges for Overruns or Additional Services shall be of the essence.


If we become entitled to terminate the Agreement for any reason, all and any sums then due to us will immediately become payable in full by the Client.


The Client shall pay all amounts due to us in full without any set-off, abatement, cross claim, deduction or withholding of any kind other than as required by law.


Payment Reminders

We will try and send email reminders of payments due for services such as hosting and domains or for invoices to the email address used by the client to register with us.


We are not liable for the recipient of those notifications/reminders and therefore not liable for any loss of services such as domain name due to failure to renew.

Communication

It is the Client's responsibility to provide us with valid contact details and to inform us of any change in those details. We cannot be held liable in any way for problems relating to communication issues if we are not supplied with valid contact details or kept appraised of changes to those details.


It is important for the Client to keep in contact with us throughout the entire project. If a Client does not make contact for more than 3 weeks, we will make up to 3 attempts to contact the Client by email using the email address for the Client held on file. If we do not receive a response to these attempts of contact the project may be terminated.


Hosting & Search Engine Optimisation

We will host the website and emails if the Client requires us to do so on receipt of full payment of our hosting fees. In doing so, we will provide a reliable and professional service to the Client at all times, excluding unavoidable technical failures.


The hosting renewal charge must be received on time according to the invoice due date. We reserve the right to deactivate any website when the hosting has expired and the Client has not paid the renewal charge.


If the Client does not use our hosting services, then the management and hosting of the Domain name are the full responsibility of the Client.


We do not take any responsibility for a Client's website rank on search engines. This also includes any potential website downtime that can occur. When updating, changing, creating and hosting a Client's website, there could be a change in the website’s search engine ranking.


Occasionally it may be necessary for us to transfer the Site to a different Third Party ISP.


We reserve the right to suspend the Hosting Services and remove the site files and associated data at any time where the Client has failed to pay any sum when due to us under the Agreement.


We reserve the right to terminate the Hosting Services if circumstances arise which render us unable to provide such services including termination of our arrangements with relevant Third Party ISPs.


Domain Names

If required, a Domain name will be registered by us on behalf of the Client once we have received payment in full. Although the domain names are registered to us, the Client is the legal owner of the domain and if they request to have details changed or the domain transferred elsewhere, we will do this within a reasonable time frame. If a Domain name is purchased by the Client through a company other than us, the Client has full responsibility for making sure that the Domain name is renewed when due. We will not renew the Domain name when annual Hosting renewal is due if the Domain name is purchased through a company other than Loai Design Studio.


Force Majeure

Neither party will be liable for any failure or delay in performing its obligations under the Agreement to the extent that this failure or delay is the result of any cause or circumstance beyond the reasonable control of that party, including acts of god, war, civil commotion or industrial dispute, and that failure could not have reasonably been prevented or overcome. If either party is prevented from performing its obligations for a period exceeding three months due to Force Majeure then the other party may terminate the Agreement on one month’s written notice.


General

We provide links or references to our client's websites solely for the convenience of prospective customers and intend that the links it provides be current and accurate, but we do not guarantee or warrant that such links will point to the intended client site at all times.


We place a small text link on the footer of our client's website that simply states the website was made by Loai Design Studio and links to our main website. This link can be removed, if required.


We will not tolerate any form of harassment against our employees from Clients or third parties and we reserve the right to terminate a contract without refund in the event of unreasonable or inappropriate conduct. This includes threatening behaviour and abuse directed towards our employees thereafter any further communication must be via postal mail only. act without refund in the event of unreasonable or inappropriate conduct. This includes threatening behaviour and abuse directed towards our employees thereafter any further communication must be via postal mail only.


We may amend these terms and conditions from time to time without prior notice and the most current version can be viewed at https://loaidesign.com/legal/terms-and-conditions. Feel free to Contact us if you have any questions.