Terms and Conditions

Definitions

 

The Client: Company or individual requesting the services of T W Archer/Se7en Marketing 

 

T W Archer/Se7en Marketing: Primary designer & developer.

 

Project: Web design, software development, emails or other computer-related services being provided to the Client by T W Archer/Se7en Marketing

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Project Completion: Completion of components outlined in project breakdown.

 

Scope

 

T W Archer/Se7en Marketing agree to perform the following services for their Clients:
- Domain registration and website hosting
- Content authoring for websites, videos and brochures
- Typographic Design
- Website indexing and page management
- Search Engine Optimisation
- Illustrations, video production
- Soundtracks, Voiceovers
- Email management and hosting
- Video and audio visual authoring, design and production

 

Acceptance

 

It is not necessary for any Client to have signed an acceptance of these terms and conditions for them to apply. If a Client accepts a quote, then the Client will be deemed to have satisfied themselves as to the terms applying and have accepted these terms and conditions in full.

 

Please read these terms and conditions carefully. Any purchase or use of our services implies that you have read and accepted our terms and conditions.

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Agreement

 

T W Archer/Se7en Marketing will carry out work only where an agreement is provided either verbally or by email, telephone, mail or fax. An ‘order’ is deemed to be a written or verbal contract between T W Archer/Se7en Marketing and the Client, this includes telephone and email agreements.

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Please ensure that you read the project design, breakdown, quote and terms and conditions properly and that all details of the work are included, understood and mutually agreed on.

 

Pricing

 

Clients are entitled to request revisions of work conducted by T W Archer/Se7en Marketing, which will be chargeable at an agreed rate. 

 

Payment 

 

The Client agrees to compensate T W Archer/Se7en Marketing an agreed amount per hour and T W Archer/Se7en Marketing agrees to invoice the Client for the total amount of hours worked at the end of each month. 

 

Charges

 

Quotations are valid for a period of seven (7) days. T W Archer/Se7en Marketing reserves the right to alter or decline to provide a quotation after expiry of the seven (7) days.

 

Prices quoted are only an estimate and may be subject to change during the process of design, coding and build, if caused by the client choosing to amend any aspect of their requirements or incur any third party costs which occur beyond T W Archer/Se7en Marketing’s control.

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Any charges incurred by international payments or international bank transfers are not the responsibility of T W Archer/Se7en Marketing. Therefore, any such charges must be paid, by the client, in addition to the amounts invoiced by T W Archer/Se7en Marketing. Consequently, T W Archer/Se7en Marketing does not accept ‘shared charges’ for international bank transfers or international payments.

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The Parties agree that in the event that the invoices are not paid within five days of receiving them, T W Archer/Se7en Marketing will be entitled to charge a late fees at 8% per month.

 

Confidentiality

 

All terms and conditions of this Agreement and any confidential information must be kept confidential, unless the disclosure is required pursuant to process of law and does not contravene EU General Data Protection Regulations. 

 

Disclosing or using this information for any purpose beyond the scope of this Agreement, or beyond the exceptions set forth above, is expressly forbidden without the prior consent of the Parties.

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The Parties agree that the confidentiality clause in this Agreement will remain active and in power even upon the termination of this Agreement.

 

Intellectual Property

 

Any intellectual property provided to the Client will remain the sole property of T W Archer/Se7en Marketing, including, but not limited to, copyrights, patents, trade secret rights, and other intellectual property rights associated with any ideas, concepts, techniques, inventions, processes, works of authorship, confidential information or trade secrets.

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Once all amounts due to us from you for all aspects of our verbal or written agreements 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.

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No such rights as described in above will pass until all amounts due to us for any reason or part of verbal or written agreements with you are paid. 

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The rights to photographs, graphics and any third party items such as source code, always remain the property of their respective owners.

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Unless you have our specific written agreement, 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 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.

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T W Archer/Se7en Marketing will refrain from using such intellectual property upon the termination of this Agreement, following receipt of agreed compensation from the Client.

 

Governing Law

 

This Agreement shall be governed by and construed in accordance with the laws of England and Wales.

 

Amendments

 

The Parties agree that any amendments made to this Agreement must be in writing, where they must be signed by both Parties to this Agreement. 

 

Accordingly, any amendments made by the Parties will be applied to this Agreement.

 

T W Archer/Se7en Marketing cannot accept responsibility for any alterations caused by a third party occurring to the Client’s pages once installed. Such alterations include, but are not limited to additions, modifications or deletions.

 

Assignment

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The Parties hereby agree not to assign any of the responsibilities in this Agreement to a third party, unless consented to by both Parties in writing. 

 

Entire Agreement

 

This Agreement contains the entire agreement and understanding among the Parties to it with respect to its subject matter, and supersedes all prior agreements, understandings, inducements and conditions, express or implied, oral or written, of any nature whatsoever with respect to its subject matter. The express terms of the Agreement control and supersede any course of performance and/or usage of the trade inconsistent with any of its terms.         

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Representation and Warranties

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Both Parties’ performances and obligations are not to violate the rights of any third party or else violate other, if any, agreements made between them and/or any other organisation, person, business or law/governmental regulation. 

 

Abuse

We may limit or deny your access to support or terminate services if we determine, in our reasonable discretion, that you are acting, or have acted, in a way that results or has resulted in misuse of support or services, or abuse of T W Archer/Se7en Marketing team members.

 

Disclaimer of Warranties

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T W Archer/Se7en Marketing warrants to complete the Services listed in this Agreement as per the Client’s requirements and specifications. However, T W Archer/Se7en Marketing does not represent or warrant that such services provided in this Agreement will create additional sales, exposure, brand recognition, profits or other benefits. 

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In addition to the above, T W Archer/Se7en Marketing holds no responsibility towards the Client in the event that the delivered work does not lead to the Client’s desired results. 

 

Liability

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T W Archer/Se7en Marketing hereby excludes itself, its Employees and or Agents from all and any liability from:

• Loss or damage caused by any inaccuracy;

• Loss or damage caused by omission;

• Loss or damage caused by delay or error, whether the result of negligence or other cause in the production of the web site;

• Loss or damage to clients’ artwork/photos, supplied for the site. Immaterial whether the loss or damage results from negligence or otherwise.

 

The entire liability of T W Archer/Se7en Marketing to the Client in respect of any claim whatsoever or breach of this Agreement, whether or not arising out of negligence, shall be limited to the charges paid for the Services under this Agreement in respect of which the breach has arisen.

 

Under no circumstances will T W Archer/Se7en Marketing be liable for any indirect, special, consequential, or punitive damages (including lost profits) arising out of or relating to this Agreement or the transactions it contemplates (whether for breach of contract, tort, negligence, or other form of action) in the event that such is not related to the direct result of negligence or breach.

 

Severability

 

In the event that any provision of this Agreement is found to be void and unenforceable by a court of competent jurisdiction, then the remaining provisions will remain in force in accordance with the Parties’ intention.

 

Termination

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Termination of services by the Client must be requested in a written notice and will be effective on receipt of such notice, subject to all monies due being paid in full as agreed by T W Archer/Se7en Marketing. E-mail or telephone requests for termination of services will not be honoured until and unless confirmed in writing with full payment due being made.

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The Client will be invoiced for project work completed to the date of first notice of cancellation for payment in full within five (5) days.

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If the client has paid in advance, no refunds will be issued for the project work which has already been completed to the date of the first notice of cancellation or termination.

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Termination of services by the Client, may also incur additional charges, such as: the cost of transferring website hosting, domain names or other services away from T W Archer/Se7en Marketing, to another provider, or by required settlement for services agreed.

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