Terms and conditions.
Ash Associates Ltd – Terms & Conditions 2015
By placing an order with Ash Associates, you confirm that you are in agreement with, and bound by the terms and conditions below.
The Client: The company or individual requesting the services of Ash Associates Ltd.
Ash Associates Ltd: Primary designer/site owner & employees or affiliates.
Ash Associates will carry out work only where an agreement is provided verbally or either by email, telephone, mail or fax. Ash Associates 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 Ash Associates and the client, this includes telephone, verbal, email and fax agreements. A deposit or payment to Ash Associates constitutes the confirmation of an ‘order’.
- Website & Graphic Design
Whilst every endeavour will be made to ensure that the website and any scripts or programs are free of errors, Ash Associates cannot accept responsibility for any losses incurred due to malfunction or error of the website, or any part of it.
The website, graphics and any programming code remain the property of Ash Associates until all outstanding accounts are paid in full.
Any scripts, cgi applications, php scripts, or software (unless specifically agreed) written by Ash Associates remain the copyright of Ash Associates and may only be commercially reproduced or resold with the permission of Ash Associates.
Ash Associates 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 additions to the brief will be carried out at the discretion of Ash Associates and where no charge is made by Ash Associates for such additions, Ash Associates 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.
The client agrees to make available as soon as is reasonably possible to Ash Associates all materials required to complete the site to the agreed standard and within the agree deadline.
Ash Associates will not be liable for costs incurred, compensation or loss of earnings due to the failure to meet agreed deadlines.
Ash Associates will not be liable or become involved in any disputes between the client / site owner and their clients and cannot be held responsible for any wrongdoing on the part of the client / site owner.
Ash Associates 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.
Ash Associates 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.
A minimum, non-refundable, deposit of 50% is required with any project before any design work will be carried out.
Once a website has been designed and completed within the initial contract the final balance of payment is then due in accordance with our payment terms. This is without exception.
If the client decides they no longer require the site after the client has commissioned the work and paid a deposit, they are contracted to pay the full balance for the work.
Failure of the client to supply materials required to complete the site after a deposit has been made will be considered as a breach of contract.
A final balance invoice will be issued in accordance with the works carried out. Non payment will result in legal action being taken if necessary, or deemed actionable by Ash Associates.
Barclays Bank Plc can act as credit controllers on behalf of Ash associates in all overdue or non payments.
- Database, Application and E-Commerce Development
Ash Associates 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.
Any scripts, cgi applications or software (unless specifically agreed) written by Ash Associates remain the copyright of Ash Associates and may only be commercially reproduced or resold with the permission of Ash Associates.
Where applications or sites are developed on servers not recommended by Ash Associates, 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.
The client is expected to test fully any application or programming relating to a site developed by Ash Associates before being made generally available for use. Where “bugs”, errors or other issues are found after the site is live, Ash Associates will endeavour (but is not obliged) to correct these issues to meet the standards of function outlined in the brief.
- Website Hosting
We offer managed hosting services by buying rack & server space from Fasthosts UK. Should you require any additional information, please refer to the Fasthosts own websites for their terms and conditions.
- Data Transfer Limits
Our monthly data transfer limit is 1GB per Month, if data transfer exceeds this limit it will be charged at £0.10 per MB.
Whilst Ash Associates recommends hosting companies to host websites, no guarantees can be made as to the availability or interruption of this service. Ash Associates cannot accept liability for losses caused by the unavailability, malfunction or interruption of this service, or for loss of turnover, sales, revenue, profits, indirect, consequential or special loss.
- Hosting Payment Policy & Billing Procedures
All accounts are set up on a pre-pay basis. We accept payments via bank transfer or cheque.
Setup fees are charged for all new accounts that are paid on a monthly basis and major account changes are non-refundable.
All pricing is guaranteed for the term of pre-payment. Ash Associates reserves the right to change prices at any time. Payment is due each anniversary month or period following the date the account was established. If 10 days have passed and payment has not been posted, the account will be suspended until further notice. The customer is responsible for all money owed on the account from the time it was established to the time that the customer notifies Ash Associates to request termination of services.
- Payment of Accounts
A deposit is required from any new client before any work is carried out. It is Ash Associates policy that any outstanding accounts for work carried out by Ash Associates or its affiliates are required to be paid in full, no later than 7 days from the date of the invoice unless by prior arrangement with Ash Associates.
Once a deposit is paid and work completed you are required to pay the balance of payment in full. We will contact clients via email and telephone to remind them of such payments if they are not received when due.
If accounts are not settled or Ash Associates 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 Barclays Bank collections or the Small Claims Court to pursue payment, non payment can result in county court judgements (ccj’s) being added to the clients credit rating.
Following consistent non payment of any invoice Barclays Bank or our Solicitors will contact the client, with a view to taking the matter further and if need be to seek payment through legal procedures, and if necessary court summons.
- Passing of Rights
Once all amounts due to Ash Associates from the client are paid and cleared the client is 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 brief and any applicable agreement, terms or licence but no rights of ownership are conveyed unless specifically stated in the contract.
No such rights as described in above will pass until all amounts due to us from the client are paid. This means that we will retain a lien over any service, products, data or information. If you have not paid the invoice in full within 3 months or 90 days from the date of the invoice you agree that you will forfeit your rights.
The rights to photographs, graphics and any third party items such as source code, always remain the property of their respective owners.
Unless the client has Ash Associates specific agreement in the contract, 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 Ash Associates property and we retain full ownership rights and all intellectual property rights. The client specifically agrees 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 Ass Associates own. The client fully understands that we may reproduce, reuse, develop and use in any other way we choose, anything within our ownership
- Informal Complaints Procedure
Anyone who experiences a problem with their web service provided by Ash Associates should raise the matter directly using our email address, giving sufficient information to locate the material (such as an url) and clearly outlining the grounds for complaint.
Ash Associates will approach the individual responsible for the material in question with a view to resolving the matter to the satisfaction of the complainant.
- Formal complaints procedure
The formal complaints procedure should only be used where the complainant feels that the nature of the complaint is too serious to be dealt with informally, or where a satisfactory conclusion has not been reached after following the informal procedure.
A formal complaint should be made in writing to Ash Associates, who will acknowledge receipt and ensure that the matter is looked into as soon as possible.
An initial response to any complaint can be expected within seven days of its receipt; a full and considered response to the complaint should be completed within 30 days and any subsequent remedy implemented with the minimum of delay.
Ash Associates reserves the right to amend these terms at any time in accordance with our management policy.