Terms
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Terms & Conditions
By placing an order with Azure Marketing, 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 Azure Marketing.
Azure Marketing: Primary designer/site owner & employees or affiliates.
General
Azure Marketing will carry out work only where an agreement is provided either
by email, telephone, mail or fax. Azure Marketing 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 Azure Marketing 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, Azure Marketing 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 Azure
Marketing until all outstanding accounts are paid in full.
Any scripts, cgi applications, php scripts, or software (unless specifically
agreed) written by Azure Marketing remain the copyright of Azure Marketing
and may only be commercially reproduced or resold with the permission of
Azure Marketing.
Azure Marketing 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 Azure
Marketing and where no charge is made by Azure Marketing for such additions,
Azure Marketing 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
Azure Marketing all materials required to complete the site to the agreed
standard and within the set deadline.
Azure Marketing will not be liable for costs incurred, compensation or loss
of earnings due to the failure to meet agreed deadlines.
Azure Marketing 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.
Azure Marketing 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.
Azure Marketing 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 deposit of 50% is required with any project before any design work will
be carried out. This figure is non-refundable.
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. Non-payment will result in legal
action being taken if necessary.
Database, Application and E-Commerce Development
Azure Marketing 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 Azure Marketing remain the copyright of Azure Marketing and may only be
commercially reproduced or resold with the permission of Azure Marketing.
Where applications or sites are developed on servers not recommended by Azure
Marketing, 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.
The client is expected to test fully any application or programming relating
to a site developed by Azure Marketing before being made generally available
for use. Where "bugs", errors or other issues are found after the
site is live, Azure Marketing will endeavour (but is not obliged to) to correct
these issues to meet the standards of function outlined in the brief
Compatibility
Azure Marketing will endeavour 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 Microsoft Internet Explorer Version 6+ and to an acceptable level
with Mozilla browsers. Azure Marketing can offer no guarantees of correct
function with all browser software.
Website Hosting
Whilst Azure Marketing recommends hosting companies to host websites, no
guarantees can be made as to the availability or interruption of this service
by Azure Marketing 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.
Azure Marketing 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 service should the necessity arise.
Payment of Accounts
A deposit is required from any new client before any work is carried out.
It is the Azure Marketing policy that any outstanding accounts for work carried
out by Azure Marketing or its affiliates are required to be paid in full,
no later than 30 days from the date of the invoice unless by prior arrangement
with Azure Marketing.
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 they are not received when due. We reserve the right
to charge an additional monthly finance charge of 1.5% on outstanding amounts.
If accounts are not settled or Azure Marketing 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,
non payment can result in county court judgements (ccj's) being added to
the clients credit rating.
Following consistent non payment 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.
Complaints Procedure
Informal procedure
Anyone who experiences a problem with their web service provided by Azure
Marketing should raise the matter directly using contact details on our website
to do so, giving sufficient information to locate the material (such as an
url) and clearly outlining the grounds for complaint.
Azure Marketing 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 Azure Marketing, 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.
