flamingoat terms & conditions

flamingoat terms & conditions of service

 

These Terms and Conditions are the property of Flamingoat.
Copyright © 2005 to 2008 Flamingoat. All rights reserved.

These Terms and conditions define the contract between Flamingoat and the client who has signed the agreement outlined in “Project Acceptance” below.

Definitions

Client – This is the person or company signing Flamingoat's client agreement.

Work / Project / Artwork – This is the material created by Flamingoat for the client.

1. project acceptance

1.1 > Before work is carried out by Flamingoat the quote and agreement must be signed and dated by the client. By signing the agreement the client is accepting the terms and conditions laid out in this document by Flamingoat.

1.2 > Quotes to clients from Flamingoat are valid for 30 days from the date stated on the quote. After this date a new quote would be required.

2. charges and payment

2.1 > Unless stated otherwise in the Client Agreement, once the agreement for Flamingoat to undertake the work described has been signed by the client, 40% of the quote becomes immediately payable to Flamingoat. This 40% is non refundable.

2.2 > The balance is payable on completion of the work and must be received by Flamingoat within 21 days of this date. Flamingoat reserve the right to retain / remove work if payment is not received from the client.

2.3 > All work undertaken by Flamingoat is the property of Flamingoat until full payment is received from the client.

2.4 > Additional client work undertaken by Flamingoat over and above that quoted, requires the client to sign a new agreement as stated in “Project Acceptance” above.

2.5 > Flamingoat reserve the right to change prices at anytime.

2.6 > All cheque's should be made payable to Flamingoat.

2.7 > Client cheque's which are returned by the bank will require an additional fee of £50 per cheque payable to Flamingoat.

3. alterations

3.1 > Two sets of minor alterations can be made by the client after completion of the project by Flamingoat. After this, additional alterations will incur extra costs and require a new agreement to be signed by the client, as stated in “Project Acceptance” above.

4. copyright

4.1 > Flamingoat is not liable for copyright laws related to Text, Images and other Data supplied by the client. The client is responsible for all copyrights on such material and / or trademark permissions. Ownership of such materials will remain with the client or with its rightful copyright / trademark owner.

4.2 > The client agrees that Flamingoat are free from harm in any way including any claims resulting from the client not obtaining all the required copyrights and / or any other necessary permissions. 

5. turnaround

5.1 > Quoted completion date set out in the agreement signed by the client does not take fully into account materials supplied by the client (e.g. text, images, data etc.). Delay in supplying such materials will affect turnaround times. Flamingoat shall not be liable for any delays that occur as a result of client failure to supply materials.

6. liability

6.1 > The client agrees that Flamingoat have no liability for damages or losses sustained by the client for loss of earnings or claims made against the client.

6.2 > In no event shall Flamingoat's liability exceed the total value paid to Flamingoat by the client.

6.3 > The client will incur full responsibility of the work on completion of the project and is liable for any offensive content displayed to the public (e.g. offensive material posted on a forum).

6.4 > It is the client’s responsibility to arrange renewal of their hosting and domain names either through Flamingoat or another company.

6.5 > Flamingoat will try to backup all work created for a client, but are not responsible if the work is lost or erased.

6.6 > It is the client’s responsibility to check the final proof of work created by Flamingoat for accuracy including spelling and grammar.

7. security

7.1 > Flamingoat are not responsible or liable for a client receiving any computer virus or spam emails from any source.

8. termination of contract

8.1 > If this is to happen, either Flamingoat or the client must give 14 days written notice to the other party.

8.2 > Any costs incurred by termination of project are the responsibility of the client.

9. use of clients work

9.1 > Flamingoat reserves the right to use clients work in their portfolio.

9.2 > Flamingoat reserves the right to display a link from a client’s website / webpage / CD ROM / DVD to Flamingoat website.

9.3 > Flamingoat reserves the right to place a small credit to themselves on any client’s work, which was created by Flamingoat for the client.

10. content

10.1 > Flamingoat reserve the right to enforce restrictions on the quantity of content displayed on a web page provided by the client. Unless stated otherwise these restrictions are: maximum of 3000 words per web page (in image or html format), maximum of 40 photos / images per web page, maximum of 20 products per web page, maximum of 40 links per web page (this does not include websites own linking structure), maximum of 20 downloadable items per web page, maximum of 25 text fields for the user to send information via email per web page. Anything over these limits will be considered a new web page and charged appropriately to the client. If multiple content types are used on a webpage, then these maximum quantities will be reduced with discretion of Flamingoat.

10.2 > Any text for a project (e.g. website page content) should be delivered to Flamingoat by the client in MS Word document format or typed in an email (an easy format to copy and paste), not written by hand or printed. Flamingoat reserve the right to charge for any time taken retyping documents for projects.

10.3 > Flamingoat reserve the right not to upload a website to the public, if final payment has not been met.

These Terms and Conditions are the property of Flamingoat.
Copyright © 2005 to 2008 Flamingoat. All rights reserved.

 

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