Terms and Conditions

Acroex refers to Acroex Ltd. The client refers to the company or individual engaging the services of Acroex. Acroex will only commence a project where an agreement has been provided by email, mail, fax or verbal agreement over the telephone. An ‘order’ is deemed to be a written or verbal contract between Acroex and the client. This includes written/verbal agreements via telephone and email.

Each project will have set parameters as described in the final proposal/meetings and/or technical specification. On commencement the development team will proceed in accordance with the exact specifications as set out. If there are any amendments to these parameters after the project has commenced, Acroex will consider this to be an additional component or customization of the project and will charge for this work at our standard hourly rates.

- While every endeavour will be made to ensure the website and any scripts or programs are free of errors, Acroex does not accept responsibility for any losses incurred due to website malfunction.

- The project and any associated graphics and files remain the property of Acroex until all accounts are paid in full.

- Any scripts, cgi applications, php scripts, programming code or software written by Acroex remain the property of Acroex and may only be commercially reproduced or resold with the permission of Acroex.

- Acroex cannot take responsibility for any copyright or privacy infringements caused by materials submitted by the client and may refuse use of any such material unless proof of permission is provided.

- Any additions to the brief will be carried out at the discretion of Acroex. Where no charge is made by Acroex for these additions, Acroex accepts no responsibility to ensure these additions are error free. Acroex reserves the right to charge an appropriate sum for any correction to these or further additions.

- The client agrees to provide Acroex all materials required to complete the site (files, content and images) in a timely fashion.

- Acroex will not be liable for costs incurred, compensation or loss of earnings due to the failure by the client or Acroex to meet agreed deadlines.

- Acroex will not be liable or become involved in any disputes between the site owner and their clients and Acroex cannot be held responsible for any wrongdoing on the part of a site owner.

- Acroex 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.

- Acroex will not be liable for any costs incurred, compensation for loss of earnings due to the unavailability of the site, servers, software or any material provided by its agents.

- A deposit of 30% is required with each project before any work will commence. Once a project has been completed the final balance of payment is due in accordance with our payment terms.

- If the client decides to terminate the contract after a project has commenced, the client will be liable to pay for all work done up to the point of termination.

- The supply of content and assets is the responsibility of the client, unless the client is employing Acroex’s copywriting service.

- All content for all sections of the website must be supplied at an agreed time and preferably in one delivery.

- Content must be thoroughly reviewed before it is supplied to Acroex. Acroex is not responsible for any spelling and grammatical errors.

- Content must follow the directions of the sitemap. If the sitemap indicates five pages, content must be supplied for five pages.

- Acroex cannot take responsibility for any losses incurred by the use of any software created for the client. The client is expected to fully test any application or program relating to a site developed by Acroex before being made available for general use. Whilst every care has been taken to ensure products are bug free and accurate, the ultimate responsibility lies with the client in ensuring that all software is functioning correctly before use.

- Any scripts, cgi applications, php scripts or software written by Acroex remain the property of Acroex and may only be commercially reproduced or resold with the permission of Acroex.

- Where applications or sites are developed on servers not recommended by Acroex, the client is expected to provide information, software and support relating to the server to assist with the correct development of the application. Any assistance or work required from Acroex for external hosting will incur additional charges.

- Where a large application is to be developed, the client is responsible for providing a testing environment as similar as possible to the final production environment.

- When a project has been delivered and approved, the client will have a three month grace period where Acroex will address any reported system errors or bugs free of charge. After this grace period any required maintenance will be billed at our standard hourly rates.

Acroex will ensure that any site or application will function correctly on the server to which it is initially installed and also when viewed with current Microsoft versions of IE, Mozilla and other renowned browsers. Acroex can offer no guarantee of correct function with all browser software including future releases.

Hosting is available through Acroex hosting. Any client requesting hosting on another server will be charged a fee for the time taken to transition the website to the preferred hosting provider.

Acroex cannot guarantee the availability or continuity of this service and cannot accept liability for loss of revenue caused by the unavailability, malfunction or interruption of this service through our servers or any other server.

Acroex reserves the right to refuse handling of material which may be deemed offensive, illegal or controversial. In this instance, hosting services may be terminated.

- Revision cycles consist of 1 additional composition that incorporates changes requested by the client in the revision brief. The client is responsible for providing constructive feedback for each revision cycle. The purpose of the revision process is to create responses that move forward in a specific direction as determined by the client.

- The client may request significant changes in the 1st cycle, and the response might be quite different in nature from the original composition chosen. By the 2nd revision request, client’s requests shall be modifications of the current composition only.

- Revision requests that depart from the current composition will be honored and completed in the same timely manner, however; the company reserves the right to quote accordingly for each such revision.

- No revision work, which requires payment, will be started without authorization from the client. Revision cycles are supplied for free within each package, and therefore cannot be refunded or exchanged for other services. Revision cycles are supplied within 5 working days of receiving the revision brief.

- Unless otherwise stated, each project includes three revision cycles after the initial work or concept is presented. Revisions requested after the third revision will be charged at Acroex’s standard hourly rate

- The company shall make every effort to ensure the final product is free of any grammatical and spelling errors, before giving the final product to the client.

- It is agreed that it is the client’s responsibility to ensure that there are no spelling or grammatical errors contained in the final product.

- It is agreed that the company is not responsible or held liable for any errors contained in the final product after the final product has been committed to print or posted live (e.g. website) in view of the public.

- It is the sole responsibility of the client to notify Acroex of any such errors during the revision cycle and before the final files have been generated. If a further revision is required an additional revision charge will be incurred.

- Once the client approves of the design and notifies the company, final HTML, images and other web files will be uploaded to the client’s website or supplied to the client directly. If the client requires further revisions after this time, the company will recommend a web maintenance bundle to the client at an additional cost.

- The artwork files will be available to the client on request. If the artwork is too large to send via e-mail, it is the responsibility of the client to purchase their artwork on CD for an additional £20+GST if required. The final files include HTML, PHP, GIF and JPEG files only. Additional constraints, including specifications on HTML structure and layout, are not included in the package and the company will supply the client with a quotation for any additional specifications required. All files and fonts are supplied in PC format.

- Additional formats, including variations on the chosen design, are not included in the package and The company will supply the client with a quotation for any additional formats or Revisions that are required.

- Unless otherwise stated in the approved quotation, it is assumed that the website will be deployed on the company’s web server. Should the client require installation on an alternative server, the quote will be adjusted accordingly.

- If the client is not using a hosting package purchased from the company, it is the responsibility of the client to supply the company with a web space which supports any technologies used within the website and FTP details where the files can be uploaded.

- After the site has been launched/delivered, any bugs/site errors will be rectified for free by the company for up to Two months. After this grace period, any errors, required maintenance or changes will be rectified and charged at Acroex’s standard hourly rates.

- In the event that the client or a third party modifies the website after the site has been deployed, the warranty will be deemed void.

- The company will use all due care to ensure sites worked are free of errors.

- The company will correct any errors relating to the site in the course of working on a client’s site.

- The company does not accept any responsibility for losses or damage arising from errors within any site or if a site is not placed “live” on the Internet.

- All created files remain the property of the Acroex.

- Acroex retains the Copyright in and the right to use all artwork created in advancing the profile of the company and to be recognized for artwork created by the company

- Acroex shall be free to reproduce, use, disclose display exhibit, transmit, perform, create derivative works, and distribute any items unless specifically agreed otherwise. Further, the company shall be free to use any ideas concepts know-how or techniques acquired in construction of sites for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products and other items incorporating such information unless specifically agreed otherwise.

- Acroex observes Privacy Laws and Guidelines relating to personal data. Any code or original artworks or graphics developed by the company or our contractors including HTML markup, Flash and multi media including audio and video, database design and development, data collection and web based administration are licensed to the client for use in their own single website. It cannot be copied, reused or resold without the written permission of the company. Original graphics created for use in the proposed website cannot be re-used in any other website or for other promotional media including brochures, press or other advertisements without our express written permission and/or additional fees.

The client will assume any shipping or insurance costs related to the project. Any alteration or deviation from the above specifications involving extra costs will be executed only upon approval with the client.

* Time frame estimates are approximate only and are subject to change.

Where a project has final approval Acroex will indicate timeframes for both parties. If a client delays the project for more than two months, (by missing deadlines for the supply of information, content or images) Acroex reserves the right to charge a project-delay fee to recover costs associated with ongoing management of the project.

The client agrees to provide timely responses to the company after receiving status notifications from the company. The client shall have 24 days to respond to each set of responses submitted to the client for review. If after 24 days the client has failed to respond, the company will deem the project complete. At such time, the company shall have no further obligation to the client, and the client shall pay the company all fees and expenses associated with work performed by the company.

Delays in project completion may occur when:

• There is a delay in any payments

• The client requests further/additional changes in the design, structure, or content of the project

• The client purchases an additional service related to the project

• Does not provide us with design expectations such as colors, logo, or layout before we begin work, or if the client changes his/her mind frequently

• There is a delay in the receipt of any materials from the client

• Desires complicated elements like a database, hover buttons, flash, virtual tours, printable pages, etc.

• Wants Acroex to work with third party designers or consultants

• Wants Acroex to purchase third-party software for specific design or development requests.

The company shall not incur any liability or penalty for delays 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 company. If such event(s) occur, it shall entitle the company to extend the completion/delivery date, by the time equivalent to the period of such delay.

Acroex does not warrant that the functions contained in the web design project will be uninterrupted or error-free. The entire risk as to the quality and performance of the web design project is with the client. In no event will Acroex  Service be liable to the client or any third party for any damages, including, but not limited to service interruptions caused by Acts of God or any other circumstances beyond our control, any lost profits, lost savings or other incidental, consequential or special damages arising out of the operation of or inability to operate this web design project, failure of any service provider, of any telecommunications carrier, of the Internet backbone, of any Internet servers, your or site visitor’s computer or Internet software, even if Acroex  Service has been advised of the possibility of such damages.

Acroex may, at its sole discretion, suspend the Services or terminate this Agreement if the Customer: fails to pay any sum due under this Agreement and such sum remains unpaid for 14 days after written notice from Acroex that such sum has not been paid; 0r ceases to carry on business or become insolvent, or have an administrator or receiver appointed or enter into liquidation or enter into any agreement with its creditors; or fails to fulfil any of its obligations under any part of this or any other agreement that it has with Acroex; or interferes with or impairs the Service, or Acroex ability to deliver the Services.

Acroex reserves the right to suspend services in any case where you fail to perform your obligations under this agreement. If payment for services is not received within the terms of payment stipulated by us websites may be taken down until payment is confirmed.

Acroex may from time to time and without notice or liability to you suspend any of the services if the reason for doing same is an event beyond the reasonable control of Acroex Ltd.

Acroex may discontinue services if an amount payable to Acroex is overdue or take down a website permanently in any case where an amount payable is overdue by more than 14 days. In any such event, you remain liable for the total cost of the contract including all disbursements; unless otherwise agreed between the parties.

Termination of the Agreement, however arising, shall not affect or prejudice the accrued rights of the parties as at termination or the continuation of any provision expressly stated to survive or implicitly surviving termination.

Throughout the duration of any project and for a period of 24 months thereafter, the client shall not solicit or endeavor to entice away an employee, agent or any sub-contractors employees or agents of Acroex with an offer of employment unless the Acroex has expressed permission in writing for that offer to take place.

- Estimates are based on specifications and functionality discussed or listed in documents and email correspondence; any scope creep will affect the price of the project and additional costs may be charged at an hourly rate or re-quoted upon. The estimate is valid for 14 days after issuance; and as such the site or artwork will be released only upon receipt of the final payment.

- Payment Clients registering for the service must pay for the service via direct deposit, credit card, or other payment method expressly authorised by the company, at the time of registration for the service. The client will be charged for the package(s) selected. The company will e-mail the client a receipt or invoice for the transactions in which the client is involved.

- You will remain liable for all fees during any period when Services have been discontinued or suspended due to a failure on your part to comply with these terms and conditions.

- You will be invoiced as agreed in acceptance of our quotation. All accounts are payable within 14 days of invoice.

- Payments that are overdue will accrue at the rate of 10 percent per annum calculated daily from the due date, until paid in full to the company. All intellectual property rights remain with Acroex until payment.

- You must pay Acroex’s charges without any set off, counter claim or deduction unless same is agreed in writing between us.

- Refunds Terms are strictly 30 days in which a cancellation may be made to be eligible for any refund. After 30 days any right to a refund is forfeited.

- If the client is not satisfied with the initial responses provided by the company, the company will design a new set of initial designs free of charge or client may request a refund by completing the refund request form which will be provided to the client upon request. If the client chooses to be presented with a new set of initial designs, the client waives right to use any of the original initial designs presented and is no longer eligible for a refund.

- Upon timely receipt of the completed form, the company will refund the total payment made by client, less 50 percent of the original amount paid, for service and processing fees. All elements of the project must then be returned to the company. Any usage by the client of those design elements will result in appropriate legal action. The client shall bear all costs, expenses, and reasonable attorney’s fees in any action brought to recover payment under this contract or in which the company may become a party by reason of this contract.

- Once the client requests additional revisions for any of the initial concepts, the client shall forfeit the right to the aforementioned refund. The client shall also forfeit the right to a refund if the client does not respond in a timely manner. The client shall not unreasonably withhold acceptance of, or payment for, the project.

- Cancellation refund Terms are strictly 30 days in which a cancellation may be made to be eligible for any refund. After 30 days any right to a refund is forfeited. If the client decides to cancel the project before the project has been completed, the company will refund the total payment made by client, less the value of the number of hours worked on the project at the appropriate rate per hour. If this value exceeds the total payment made, the client will not be eligible for a refund.

* 50% of the total project cost will be invoiced on commencement of the project

* 30% will be invoiced when the design template is coded and approved by client

* The final 20% will be invoiced when the project is handed over

* Payment terms are strictly 14 days

On completion of a project the client is obliged to pay the balance in full. Acroex will contact clients to remind them of payments due if they are not received. If accounts are not settled and Acroex have not been contacted regarding the delay, website access may be denied and web sites or projects removed.

Any client experiencing problems with a web service provided by Acroex should contact their assigned Project Manager or email info@acroex.co.uk. Clients should supply the URL of the problem and clearly outline the issue in question.

Acroex will contact the individual responsible for the material in question with a view to resolving the matter satisfactorily.

The formal complaints procedure is in place should a client feel 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 Acroex who will acknowledge receipt and ensure that the matter is examined within two business days.

An initial response will be issued within seven days of receiving the formal complaint and a full and considered response will be issued within 30 days. Any required action will be implemented with minimal delay.

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