Website Design Terms & Conditions

By placing an order with SimBloSys web-design, you confirm that you are in agreement with and bound by the terms and conditions below.

Definitions:

The Client: The company or individual requesting the services of SimBloSys.
SimBloSys: The collective name of freelance web developers Simon Lawrence and Tom Blockley.
Material: Any element of media, digital or physical, visual, audio or otherwise.

Note

SimBloSys is not a legal entity or registered company, it cannot be referenced and has no rights, capacity or official recognition it is simply a name through which the work of Simon Lawrence and Tom Blockley can be easily referenced.

Website Design

Every effort will be made to ensure that any work, website or otherwise, is free from errors and problems, SimBloSys cannot accept any responsibility for losses, effort or embarrassment incurred due to their work.

The website, relevant graphics (see below) and any code remain the property of SimBloSys until both SimBloSys and the client are happy with the work, and an agreement between both parties for the work to exchange hands is confirmed either in writing or by verbal contract.

All code or software (unless specifically agreed) produced by SimBloSys remain the copyright of SimBloSys and may be reused or sold by SimBloSys as it see's fit. All code and software can only be reproduced or resold by any third party 0with the permission of SimBloSys.

SimBloSys 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. Any material provided by the client of which they own the copyright, will remain the property of the client. The client accepts that by passing any material to SimBloSys, SimBloSys have full rights to keep a copy for as long as they wish, though without the right to redistribute or resell the material without further consent from the material owener. Any modifications made to material by SimBloSys that can be extracted from the original material remains the property of SimBloSys, and may be reused as made clear above.

SimBloSys cannot be held liable or become involved in any disputes for:

  • costs or losses incurred due to the failure to meet deadlines or specifications for their work.
  • any wrongdoing on the part of a client. eg. inappropriate content, or use of a website, or infringement of copyright due to site content.
  • any costs or losses due to the unavailability of a site, servers or software.

Both SimBloSys and the client are free to pull out of an agreement at any time, without incurring cost or dispute. SimBloSys does not legally charge for their work, and therefore the client is free to refuse to hand over money, or materials at any time. By the same ruling, SimBloSys are not bound to release work to the client.

Where work developed by SimBloSys is to be hosted on servers not recommended by SimBloSys, the client may be expected to host work themselves, and SimBloSys accept no responsibility for the suitability or transportability of any of their work to unknown or unrecommended enviroments.

The client is expected to test any work provided by SimBloSys commiting to accept work from SimBloSys as final. Where problems, or errors are found after a website is made available to live users, SimBloSys will make every effort to correct any issues, but SimBloSys are not obligated to continue or alter work after the point at which the client has accepted the work as final. SimBloSys reserve the right to with-hold copyright on their work, and refuse its use until the client has accpeted work as final.

Compatibility

SimBloSys will make every effort to make sure their work functions correctly on the server it is designed for. If it is not clear what server the work is being performed for, SimBloSys will design work intended for their own server setup. SimBloSys offer no guarantees of correct function with all browser software. SimBloSys will always produce work to the best standard possible in the conditions given, but it is up to the client to test, and be happy with the setup before agreeing to accept the work as final.

Website Hosting

Whilst SimBloSys recommends hosting companies to host websites, no guarantees can be made as to the availability or interruption of this service by SimBloSys 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.

SimBloSys reserve the right to refuse to handle material which may be deemed illegal or in any way controversial.

Complaints Procedure

SimBloSys only operate an informal complaints procedure, as made clear above, both SimBloSys and the client are free to pull out of an agreement for work at any point, and in the case of either party being unsatisfied, this is the ultimate solution. As all SimBloSys work agreements are developed with a sense of good nature, most complaints should be resolved easily through the communication channels made available on all SimBloSys media.

Service Level Agreements

SimBloSys agree to take on work from the client on the basis of a written, or verbal request. There is no formal charge for the work of SimBloSys. There is also no obligation for SimBloSys to deliver work. Once work has been agreed as final, either verbally or in writing, SimBloSys are no longer under obligation to maintain, alter or improve the work at all, unless SimBloSys and the client come to a new agreement for work to be done, and any new work will then fall under the terms of this new agreement.