Terms and Agreement
General
DA-E-MA DESIGNS will carry out work only where an agreement is provided either
by email, telephone, mail or fax. DA-E-MA DESIGNS 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 Sims Designs and the client,
this includes telephone and email agreements.
Website Design
Whilst every endeavor will be made to ensure that the
website and any scripts or programs are free of errors, DA-E-MA DESIGNS 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 DA-E-MA
DESIGNS until all outstanding accounts are paid in full.
Any scripts, cgi applications, php
scripts, or software (unless specifically agreed) written by DA-E-MA DESIGNS
remain the copyright of DA-E-MA DESIGNS and may only be commercially reproduced
or resold with the permission of DA-E-MA DESIGNS.
DA-E-MA DESIGNS 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 DA-E-MA
DESIGNS and where no charge is made by DA-E-MA DESIGNS for such additions,
DA-E-MA DESIGNS 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
DA-E-MA DESIGNS all materials required to complete the
site to the agreed standard and within the set deadline.
DA-E-MA DESIGNS will not be liable for costs incurred, compensation or loss of
earnings due to the failure to meet agreed deadlines.
DA-E-MA DESIGNS 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.
DA-E-MA DESIGNS 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.
DA-E-MA DESIGNS 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 higher for websites of an adult nature.
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
DA-E-MA DESIGNS 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 DA-E-MA DESIGNS remain the copyright of DA-E-MA
DESIGNS and may only be commercially reproduced or resold with the permission
of DA-E-MA DESIGNS.
Where applications or sites are developed on servers not recommended by DA-E-MA
DESIGNS, 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 DA-E-MA DESIGNS before being made generally available for
use. Where "bugs", errors or other issues are found after the site is
live, DA-E-MA DESIGNS will endeavor (but is not obliged to) to correct these
issues to meet the standards of function outlined in the brief
Compatibility
DA-E-MA DESIGNS 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
Microsoft Internet Explorer Version 6 and to an acceptable level with Mozilla browsers. DA-E-MA DESIGNS can offer no guarantees
of correct function with all browser software.
Website Hosting
Whilst DA-E-MA DESIGNS recommends hosting companies to host websites, no
guarantees can be made as to the availability or interruption of this service
by DA-E-MA DESIGNS 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.
DA-E-MA DESIGNS 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 free hosting 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 DA-E-MA DESIGNS policy that any outstanding accounts for work carried out
by DA-E-MA DESIGNS 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 DA-E-MA
DESIGNS.
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.
If accounts are not settled or DA-E-MA DESIGNS 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 DA-E-MA DESIGNS should
raise the matter directly emailing us @ daaimah_designs@yahoo.com
to do so, giving sufficient information to locate the material (such as an url) and clearly outlining the grounds for complaint.
DA-E-MA
DESIGNS 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 DA-E-MA DESIGNS, 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.
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The client assumes full reproduction rights upon
payment for completed project.
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One time reproduction rights for the specified
project, at the agreed fee, are granted to the client. Any other usage must be
negotiated.
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All reproduction rights on the copyrighted work are
retained by the designer. The work may not be reproduced in any form without
consent from the designer.
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The designer retains personal rights to use the
completed project and any preliminary designs for the purpose of design
competitions, future publications on design, educational purposes and the
marketing of the designer's business. Where applicable the client will be given
any necessary credit for usage of the project elements.
The
client shall not unreasonably withhold acceptance of, or payment for, the
project. If, prior to completion of the project, the client observes any
nonconformance with the design plan, the designer must be promptly notified,
allowing for necessary corrections. Any changes or demand beyond the scope of
the project as outlined shall be reasonably re-estimated and additional cost
may apply at a rate of $20/hour. Rejection of the completed project or
cancellation during its execution will result in forfeiture of deposit and the
possible billing for all additional labor or expenses to date. All elements of
the project must then be returned to the designer. Any usage by the client of
those design elements will result in appropriate legal action. Client shall
bear all costs, expenses, and reasonable attorney's fees in any action brought
to recover payment under this contract or in which Daaimah Jones, DA-E-MA
Designs may become a party by reason of this contract.
Any
shipping or insurance costs will be assumed by the client. Any alteration or
deviation from the above specifications involving extra costs will be executed
only upon approval with the client. Any delay in the completion of the project
due to actions or negligence of client, unusual transportation delays,
unforeseen illness, or external forces beyond the control of the designer,
shall entitle the designer to extend the completion/delivery date, upon
notifying the client, by the time equivalent to the period of such delay.
30 DAY Money-Back GUARANTEE
DA-E-MA DESIGNS extends a 30-day
money-back guarantee to all web design clients. This service guarantee begins
upon website launch and expires thirty days later. If you are not satisfied
with our service for any reason please contact DA-E-MA Design and we will be
happy to look into the matter and make adjustments. If that is not enough for
the client both parties enter in to a mandatory mediation by outside legal
advisory. Mediation council must be agreed upon by both parties. If cancellation ensures based upon the
mediation, within 30 days of activation, DA-E-MA DESIGNS will give you a refund
excluding initial deposit. Upon cancellation, Client's account will be
terminated and all fees, excluding set-up, will be credited back to the
Client's by check or money order within 30 days of cancellation.
This guarantee applies only once
per customer, billing address, and or credit card number.
Requests for cancellations can be
sent via email: daaimah_designs@yahoo.com, by phone at (229)
460-0653, by fax (320) 451-7029, or through the postal service.