TERMS AND CONDITIONS (PART A)
1. APS DEVELOPERS will carry out work only where an agreement is provided either by email, telephone, mail or fax. APS DEVELOPERS will carry out work only for clients who are 18 years of age or above. An 'order' is deemed to be a written or verbal contract between APS DEVELOPERS and the client, this includes telephone and email agreements.
2. Whilst every endeavor will be made to ensure that the website and any scripts or programs are free of errors, APS DEVELOPERS cannot accept responsibility for any losses incurred due to malfunction, the website or any part of it.
3. The website, graphics and any programming code remain the property of APS DEVELOPERS until all outstanding accounts are paid in full. After that it is not the responsibility of APS DEVELOPERS to correct any errors if occurred.
4.Any scripts, cgi applications, php scripts, or software (unless specifically agreed) written by APS DEVELOPERS remain the copyright of APS DEVELOPERS and may only be commercially reproduced or resold with the permission or licence of APS DEVELOPERS.
5. APS DEVELOPERS cannot take responsibility 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.
6. Any coding additions to website briefs provided will be carried out at the discretion of APS DEVELOPERS and may carry an additional cost. Where no charge is made by APS DEVELOPERS for such additions, APS DEVELOPERS 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.
7. The client agrees to make available as soon as is reasonably possible to APS DEVELOPERS all materials required to complete the site to the agreed standard and within the set deadline.
8. APS DEVELOPERS will not be liable for costs incurred, compensation or loss of earnings due to the failure to meet agreed deadlines.
9. APS DEVELOPERS 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.
10. APS DEVELOPERS 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.
11. APS DEVELOPERS 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.
12. In no event shall APS DEVELOPERS 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.
13. A non-refundable deposit of 80% is required with all of our projects before any design work will be carried out.
14. Once a website has been designed and completed the final balance of payment is then due in accordance with our payment terms. There are no exceptions to this, i.e. If the client decides they no longer want the site, as they have commissioned the work and paid a deposit they are still obliged to pay for the work that has been done. Nonpayment will result in legal action being taken if necessary. Once full payment is received for a website, it is assumed that the project has been completed to the client’s satisfaction and no refunds can be offered. We do offer free updates completion to allow for any final amendments that may be required.
Database, Application and E-Commerce Development
15. APS DEVELOPERS 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 all software is functioning correctly before use.
16. Any scripts, applications or software (unless specifically agreed) written by APS DEVELOPERS remain the copyright of APS DEVELOPERS and may only be commercially reproduced or resold with the permission of APS DEVELOPERS.
17. Where applications or sites are developed on servers not recommended by APS DEVELOPERS, 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 client’s responsibility to provide a suitable testing environment which is identical to the final production environment.
18. The client is expected to test fully any application or programming relating to a site developed by APS DEVELOPERS before being made generally available for use. Where "bugs", errors or other issues are found after the site is live, APS DEVELOPERS will endeavor (but is not obliged to) to correct these issues to meet the standards of function outlined in the brief
19. APS DEVELOPERS will endeavor to ensure that any developed/designed site or application will function correctly on the server it is initially installed in and that it will function correctly when viewed with the web browsing software Mozilla browsers, such as Firefox. APS DEVELOPERS can offer no guarantees of correct function with all browser software as they constantly change.
20. Whilst APS DEVELOPERS recommends hosting companies to host websites, no guarantees can be made as to the availability or interruption of this service by APS DEVELOPERS 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.
21. APS DEVELOPERS 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 the hosting service should the necessity arise.
22. Due to external factors, such as changes to the way search engines rank websites, we cannot offer any guarantees regarding the position we will achieve for websites. The process of optimizing websites itself will bring in more traffic and hits and you'll see visits increase to your site naturally. We cannot accept liability for any change in rankings, or drop off in the position of your website due to changes in the algorithms of the search engines or the factors that they use to rank websites.
23. We use 'white hat techniques' when optimizing websites and always aim to achieve a top ten ranking for your website within six months of undertaking the optimization process. Due to the work involved payment is generally required in advance and we are unable to offer a refund of any moniesto clients in relation to this type of work.
24. APS DEVELOPERS reserve the right to refuse to handle in any way, material which may be deemed offensive, illegal or in any way controversial.
TERMS AND CONDITIONS (PART B)
Payment of Accounts
25. A deposit is required from any new client before any work is carried out. It is a policy that any outstanding accounts for work carried out by APS DEVELOPERS or its affiliates are required to be paid in full, no later than 3 days from the date of the invoice unless by prior arrangement with APS DEVELOPERS.
26. Once a deposit is paid and work completed you are obliged to pay the balance of payment in full. We will contact clients via email and telephone to remind them of such payments if it is not received when due.
27. If accounts are not settled or APS DEVELOPERS have not been contacted regarding the delay, access to the related website may be denied and web pages removed, we will then pass such cases to the Small Claims Court to pursue payment, nonpayment can result in county court judgments being added to the client’s credit rating.
28. Following consistent nonpayment of an invoice our Solicitors will contact the client in question, with a view to taking the matter further and if need be to seek payment through legal procedures, and if necessary court summons.
29. We do not share or sell any of your details with third party companies, without your prior permission and we will only email you or contact you about work related matters and promotions.
I hereby affirm that I have carefully read, understood, agreed, accepted and consented to the term and conditions stated. I clearly understand the NO REFUND POLICY and the PAYMENT TERMS.