Definitions:
The Client : The company or individual requesting the services of Finley Design (UK).
Finley Design (UK): Olivesky Ltd trading as Finley Design is the primary designer, employees, associated companies or affiliates.
Olivesky Ltd is registered at 20-22 Wenlock Street, London, N1 7GU, company no. 08926054.
General
Finley Designs (UK) will carry out work only where an agreement is provided either by email, telephone, mail or fax.
An ‘order’ is deemed to be a written or verbal contract between Finley Design (UK) and the client, this includes telephone and email agreements.
Website Design
Whilst every endeavour will be made to ensure that the website and any scripts or programs are free of errors, Finley Design (UK) cannot accept responsibility for any losses incurred due to malfunction, the website or any part of it.
The website, graphics and any programming code remain the property of Finley Design (UK) until all outstanding accounts are paid in full.
Any Design, scripts, cgi applications, php scripts, or software (unless specifically agreed) written by Finley Design (UK) remain the copyright of Finley Design (UK) and may only be commercially reproduced or resold with the permission of Finley Design (UK)
Competition Website Builds
In regards to competition websites build, the core files and commercially valuable plugins and development remain the property and ownership of Finley Design and would not be supplied, if you wish to move sites, we will for a reasonable admin fee, provide exportable data of customer information, order information, text/content, media images. In customers data the only field which cannot be exported is passwords, these would need to be reset in any new platform.
Finley Design retain the Intellectual Property rights to all development and bespoke tools used in providing services covered under this agreement and as such these should not be replicated and/or transferred under any circumstances.
You will be given manager access which will provide access to all settings required to operate and run the competition website, any additional modules, plugins or integrations will be installed at the discretion of Finley Design based on compatibility and/or conflict with these terms. Additional users are able to be allowed manager access, if required.
Due to commercially valuable development, no admin access we be given to any individual other than Finley design staff or approved associates. No FTP or any ability to access core modules of software will be permitted.
You will not attempt to de-compile, reverse compile, disassemble, reverse engineer or otherwise reduce to human perceivable form all or any part of the Templates.
You will not access all or any part of the Services or Templates in order to build a product or service which competes with the Services or Templates.
Website Design Continued
When you purchase a competition website package from Finley Design you are paying a setup fee and design services to build the website in total.
Finley Design (UK) accepts no liability for any copyright infringements caused by materials submitted by the client or used by the client in the future on their website.
We reserve the right to refuse any material of a copyrighted nature unless adequate proof is given of permission to use such material.
Any coding additions to website briefs provided will be carried out at the discretion of Finley Design (UK) and may carry an additional cost. Where no charge is made by Finley Design (UK) for such additions, Finley Design (UK) 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.
Regardless of time taken, any additional works carry a minimum charge of 1 hour currently at £40 per hour
The client agrees to make available as soon as is reasonably possible to Finley Design (UK) all materials required to complete the site to the agreed standard and within the set deadline.
Finley Design (UK)will not be liable for costs incurred, compensation or loss of earnings due to the failure to meet agreed deadlines.
Finley Design (UK)will not be liable or become involved in any disputes between the site owner and their clients and cannot be held responsible for any wrongdoing on the part of a site owner. eg. Any disputes re content/images that have been provided to us for inclusion on the site.
Finley Design (UK) 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.
Finley Design (UK) 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.
Finley Design (UK) will not be liable for any direct, indirect, consequential, special and exemplary damages, or any damages whatsoever, stemming from the use or performance of a client website or from any information, products and services provided through client sites, even if this website has been advised of the possibility of such damages.
• In the absence of any negligence or other breach of duty by us, your use of our client websites is entirely at your own risk.
• If we are in breach of the arrangements under this agreement, we will not be responsible for any losses that you suffer as a result.
• We do not have any liability of any sort (including liability for negligence) for the acts or omissions of providers of telecommunication services or for faults in or failures of their networks and equipment.
Finley Design (UK) will place footer text linked to the Finley Design website to all websites created by Finley Design unless expressly agreed prior to contract. This linked text may not be removed and must remain in place at all times. Any removal of such link will place the client in breach of our terms.
CMS Access – When your website is built you are provided your own type of access to the CMS, depending on your ability and website build you will be given either editor or shop manager status which provides you with all the ability to edit, update and run the website fully. Due to the possible security issues admin access will not be granted to any user other than Finley Design staff while the website remains on our servers.
If you decide to move the website to another server, admin access can be granted once transferred and not prior, an admin charge of £60 is charged for our assistance in migrating your website to your own designated server, once transferred and admin access granted all liability and/or guarantee will cease.
Modules, plugins and Licenses
Finley Design will often use free to own core and/or add on modules, often we are able to acquire such modules free of charge and install and develop these to clients needs in order to fulfil the projects brief.
We do not however obtain any license in which we are able to transfer ownership off. All our websites are built using open source software and as such any competent developer or web designer would be able to continue with it’s development or maintenance.
A number of modules we are able to obtain and use within a build are outside the original authors support contract, however this support contract is not required as the product is already installed, developed and/or amended by ourselves. If website transfer is agreed, Finley Design will no longer be liable for any future changes, updates or amends made to such modules or plugins and the their future compatibility.
Competition Website Builds – In regards to competition websites build, the core files and commercially valuable plugins and development remain the property and ownership of Finley Design and would not be supplied, if you wish to move sites, we will for a reasonable admin fee, provide exportable data of customer information, order information, text/content, media images. In customers data the only field which cannot be exported is passwords, these would need to be reset in any new platform.
When you purchase a competition website package from Finley Design you are paying a setup fee and design services to built the website.
100% Satisfaction Guarantee
Our 100% satisfaction guarantee means we will continue to design and make required amends up to the point of being 100% satisfied and that website has been built to your requirements and/or any provided brief.
This clause maybe withdrawn at the discretion of management if it is deemed the client is making an unreasonable amount of amends or changes beyond the original required scope for completing the project.
Supplied Terms or other draft legal content
We may from time to time supply draft terms, privacy policies, and other document templates which you are able to use and amend to suite your business needs. We are not solicitors nor provide any guarantee to the legality of the documents, and recommend you seek you own legal advise.
Finley Design will not be held accountable for any losses or legal process resulting from the use of our draft material and/or documents supplied. You use our draft content at your own risk.
Payment Terms
Finley Design requires a non-refundable deposit of 50% upon forming of the contract on all of our projects and before any design work will be carried out.
The remaining 50% balance will be due within 30 days from the forming of the contract or 3 days prior to going live, which ever falls sooner.
For larger projects that are estimated to go over the 30 days, payment extension terms will be granted and agreed within each proposal.
The date of completion will be deemed as the date the design of the site has been completed to a sufficient state in order to hand over to the client in either a fully completed, or fully designed solution awaiting clients input of data. Finley Design (UK) will not accept delay in payment due the client not fulfilling their content obligation.
The client remains fully liable for the full design and development costs in full whether they choose to complete the project or not.
Upon full payment, it is deemed that the project has been completed to the clients satisfaction and no refunds will be offered.
All pricing is quoted in GBP and subject to VAT at standard rate.
Finley Design are not liable for any exchange rates or additional bank charges applied during payment.
For international payments, you must elect to pay all charges associated with payment transfer.
Direct Debit Option
If you have been given the option to pay by direct debit, payment will be handled through the direct debit scheme operated by Gocardless. If for what ever reason the direct debit is unpaid, or rejected by your bank a reattempt will be automatically attempted.
If your direct debit continues to fail, you will lose the right to pay by direct debit and any balance will become due.
Database, Application and E-Commerce Development
Finley Design (UK) 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 any third party software they introduce is functioning correctly before use.
Any scripts, applications or software (unless specifically agreed) written by Finley Design (UK) remain the copyright of Finley Design (UK) and may only be commercially reproduced or resold with the prior permission of Finley Design (UK).
Website Hosting
Finley Design (UK) provide a range of website and email hosting and are a UK authorised reseller of such, we recommend our own solutions due to reliability and history of compatibility of softwares used.
You may opt to have your site hosted elsewhere, where applications or sites are developed on servers not supplied by Finley Design (UK), 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 clients responsibility to provide a suitable testing environment which is identical to the final production environment.
Finley Design (UK) accepts no liability and can not provide technical support for any issues or errors occurring from third party hosting solutions.
Payment for Finley Design (UK) hosting is charged on an annual/monthly basis. Failure to pay hosting charges when due will result in immediate suspension of the website until such time that any arrears for hosting are brought up to date. Please note – If suspension is required this may cause adverse effects to your current search engine listings, Finley Design (UK) will not accept any such liability due to any adverse effect suspension may cause.
We may on occasion offer a monthly hosting charge, although paying monthly the hosting remains on a 12 month contract minimum, cancellation prior to full 12 months will result in the balance for the year becoming due.
If you opt for no support package, where “bugs”, errors or other issues are found after the site has been live for 3 months, Finley Design (UK) will endeavour (but is not obliged to) to correct these issues to meet the standards of function outlined in the brief.
Compatibility
Finley Design (UK) will endeavour to ensure that any developed/designed site or application will function correctly on the server it is initially installed on.
All software, modules and core CMS solutions used, will utilise latest available software and industry best practises. We predominately develop in wordpress and our servers are built using a pre-configured setup in order to be compatible with all required PHP requirements. Where support packages are purchased we upgrade all core and server scripts to maintain this compatibility.
At times we may introduce third party software which is used in order to connect either off-site software or other functions needed for API purposes. Any such software required would need to be purchased or license by yourselves and would be indicated in any brief.
Finley Design (UK) reserve the right to refuse to handle in any way, material which may be deemed offensive, illegal or in any way controversial, and also to terminate any web hosting service we provide for clients should the necessity arise.
Website Optimisation
Website optimisation comes in two forms, we provide a number of SEO modules which are designed for you to manage and overall enhance the websites ability to be ranked.
Due to external factors, such as changes to the way search engines rank websites, we cannot offer any form of guarantee regarding the position we will achieve for websites.
A combination of optimising techniques are designed to bring increase natural traffic and “hits”. We cannot accept liability for any change in rankings, or drop off in the position of your website due to changes in the search engine algorithms or external the factors that are used to rank websites.
Paid for Optimisation Service – We would only use ‘white hat techniques’ when optimising websites and always aim to achieve a top ten ranking for your website within six months of undertaking the optimisation process. Due to the work involved payment is generally required in advance and we are unable to offer a refund of any monies to clients in relation to this type of work.
Finley Design (UK) reserve the right to refuse to handle in any way, material which may be deemed offensive, illegal or in any way controversial.
Marketing
By entering into this contract you are giving Finley Design UK express and unconditional use of your websites completed project images and screen grabs to be used in any marketing material that Finley Design UK choose to use.
A link to Finley Design’s website/websites will be placed in the footer of each website we design. You agree to not amend or remove this footer link for the duration in which you use our design works.
Your Privacy
We do not share or sell any of your details with third party companies, without your express permission and we will only email you or contact you about work related matters. See our Privacy Policy
