Terms & Conditions

By placing an order with Adam Sumner Design, 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 Adam Sumner Design.

Adam Sumner Design: "The Company" shall be defined as Adam Sumner Design of Manor Farm, Park Lane, Walton, Lutterworth, Leics, LE17 5RQ and shall include any other related trading styles.

Copyright and Content

The Client MUST own copyright, or have reproduction rights, of all artwork, trade names, photographs, and other materials reproduced in The Client's project. The Client shall indemnify Adam Sumner Design against any costs whatsoever in connection with the ownership of copyright or reproduction rights. The Client shall have full liability for the consequences of the contents of the printed literature, website or other project commissioned.

The website, graphics and any programming code remain the property of Adam Sumner Design until all outstanding accounts are paid in full.

Any scripts, cgi applications, php scripts, or software (unless specifically agreed) written by Adam Sumner Design remain the copyright of Adam Sumner Design and may only be commercially reproduced or resold with the permission of Adam Sumner Design.

Adam Sumner Design retain the right to display graphics and web design elements as examples of its work in their respective portfolio and to include the statement "Website by Adam Sumner Design" together with a link to the Adam Sumner Design website on each page of the Website (unless agreed differently).

All preliminary work carried out at The Client's request, whether experimentally or otherwise, shall be charged to The Client.

Adam Sumner Design withholds the right to refuse publication of any content which it sees as being indecent, obscene or offensive towards others.

The Client agrees to make available as soon as is reasonably possible to Adam Sumner Design all materials required to complete the project to the agreed standard and within the set deadline if stated.

Proofs of all printed work may be submitted for The Client's approval and Adam Sumner Design shall not be liable for errors not corrected by The Client in such proofs. The Client's alterations and additional proofs necessitated thereby shall be charged as additional charges. When style, type or layout is left to the judgment of Adam Sumner Design, changes therefrom made by The Client shall be charged as additional charges. No responsibility will be accepted for any errors, including colour variations, in proofs approved by The Client.

Adam Sumner Design will not be liable for costs incurred, compensation or loss of earnings due to the failure to meet agreed deadlines.

Adam Sumner Design will not be liable or become involved in any disputes between The Client and their repective customers or clients and Adam Sumner Design cannot be held responsible for any wrongdoing on the part of The Client. e.g. Any disputes regarding content or images that have been provided for inclusion within a website or graphic design project.

Adam Sumner Design 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 Client's appointed agents.

Website Design

Adam Sumner Design will produce a design proof for The Client's approval. This will be either forwarded to clients by email or published temporarily on the Adam Sumner Design website. The design copyright of the proof shall remain the sole property of Adam Sumner Design. Use of the design in any respect without the express written permission of Adam Sumner Design will constitute breach of copyright.

Adam Sumner Design will complete the design and build of The Client's website after receiving confirmation that the design proof is satisfactory.

Once Adam Sumner Design has received confirmation that the design proof is satisfactory, modifications to the design specification will be considered an amendment to the contract. All modifications must be confirmed in writing.

Consultancy services and general advice is, by its nature, subjective. It is up to The Client whether they decide to follow ideas and suggestions provided by Adam Sumner Design. A guarantee cannot be given that any of those ideas and suggestions will increase traffic to The Client's website, improve ratings with search engines or boost sales.

Whilst every endeavor will be made to ensure that the website and any scripts or programs are free of errors, Adam Sumner Design cannot accept responsibility for any losses incurred due to malfunction of the website or any part of it.

Adam Sumner Design will not be liable for any costs incurred, compensation or loss of earnings due to the unavailability of the site, its servers or software.

Adam Sumner Design may make use of 3rd Party scripts and programs e.g. Content Management Systems and Forums. Although such scripts are selected with care Adam Sumner Design can in no way guarantee the performance of such scripts and programs and will not be held accountable for any losses incurred by the client as a result of any errors including security vulnerabilities.

Adam Sumner Design has a policy of regularly backing up database driven websites but cannot guarantee any such backups, and will not be held accountable for any losses incurred by the client in the event data is lost or impaired in any way. Adam Sumner Design will not perform regular back ups of sites if payment for this service is not received by the client.

Adam Sumner Design has a policy of carrying out security updates to software incorporated within websites within a reasonable time frame but will not be held accountable for any losses incurred by the client as a result of a delay. In the event clients cease payment for updates to their website Adam Sumner Design reserves the right to disable the website and may require it be moved to a different host server.

Adam Sumner Design will endeavor to ensure that any developed/designed site or application will function correctly on the server it is initially installed on and that it will function correctly when viewed with the current version of web browsing software Microsoft Internet Explorer, Mozilla Firefox, Safari, and Google chrome on a personal computer. Adam Sumner Design can offer no guarantees of correct function with all browser software, and from all viewing platforms and devices.

Website Optimisation

Due to external factors, such as changes to the way search engines rank websites, a guarantee cannot be provided regarding the position achieved for websites in serach engine results. Similarly, liability cannot be acepted 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.

Adam Sumner Design 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 Adam Sumner Design are unable to offer a refund of any monies to clients in relation to this type of work.

Domain Name Registration and Website Hosting

Adam Sumner Design will on occasion register domain names in The Client's name. In doing this, the company are acting as The Client's agent with the appropriate Naming Authority. The contract of registration is between The Client and the Naming Authority and The Client is bound by their terms and conditions.

Registration is for one year unless otherwise agreed. Although Adam Sumner Design will do its best to renew the registration for you, it is ultimately The Client's responsibility to make sure this happens so please keep a note of the date.

Adam Sumner Design will advise The Client on the most appropriate and cost-effective web site hosting package supplied by a third party. The website hosting contract is between The Client and the hosting company and The Client is bound by their terms and conditions (available on request).

The Client takes all risks in connection with the solvency and performance of such third parties and The Client accepts that the third party has sole liability to provide such services.

E-commerce

Adam Sumner Design provides a range of e-commerce solutions and will advise The Client on an appropriate and cost-effective solution to meet their needs.

E-commerce solutions provided by Adam Sumner Design utilise 3rd party payment processor companies for the collection of sensitive data, payment processing and associated functions.

Adam Sumner Design will not be held responsible for the performance of these 3rd party systems. More specifically, Adam Sumner Design will not be held responsible for problems with e-commerce sites which
include but are not limited to; site downtime, non-performance of transactions, data loss and other problems with the website itself.

The payment processor contract is between The Client and the payment processor company and The Client is bound by their terms and conditions (available on request).

Similarly, as stated above, the website hosting contract is between The Client and the hosting company and The Client is bound by their terms and conditions (available on request).

The Client takes all risks in connection with the solvency and performance of such third parties and The Client accepts that the third party has sole liability to provide such services.

Adam Sumner Design is not responsible for the ongoing management of an e-commerce website unless specifically agreed. This is to be differentiated from the general management of a website installation, which might involve the carrying out of security upgrades to any software used within the website.

However, in the event of a problem with an e-commerce website Adam Sumner Design would look into it as a
priority matter, and would hope to resolve the issue to the satisfaction of the client. An additional fee would be charged for these works, which may include fees from a 3rd party, by agreement with The Client, if the matter could not be handled internally. Similarly any personal expenditure that is incurred by Adam Sumner Design in order to look into a problem urgently would also be recoverable from The Client by agreement. Although such works would be carried out as quickly as possible Adam Sumner Design cannot guarantee when these works would commence or the duration of the works, and will not be held responsible for any losses incurred by The Client as a result.

Insurance

The Client shall be responsible for effecting all necessary insurance in respect of any loss, damage, or expense that it may suffer directly or indirectly in relation to the provision or non-provision of Adam Sumner Design's goods and services.

Withdrawal of Service

Adam Sumner Design has the absolute right to withdraw it's services and cancel any contracts with the client at any given time. Adam Sumner Design shall issue notice of such action in writing.

Force MaJeure

Adam Sumner Design shall not be liable for any delay or failure to perform any of its contractual obligations as a result of war, flood, storm, riot, fire, accident, civil commotion, acts of god, government action, failure of power supply, equipment failure, lock out, strike, default, ill heath or death or any other cause beyond its reasonable control and Adam Sumner Design shall not be liable for any loss, damage or expense suffered by The Client or any third party arising directly or indirectly from any such matters.

Invoicing, Payment and Tender Validity

Payment shall be made in UK Pounds Sterling to Adam Sumner Design. A deposit may be required from clients before any work is carried out. The remaining balance being due at agreed stage/s. e.g. on approval of the design, on approval of the completed preview website and/or on completion of specified tasks. It is Adam Sumner Design's policy that any outstanding accounts for work carried out by Adam Sumner Design or its affiliates are required to be paid in full, no later than 14 days from the date of the invoice unless by prior arrangement with Adam Sumner Design.

Once a deposit is paid and work completed you are obliged to pay the balance of payment in full. Adam Sumner Design will contact clients via email and telephone to remind them of such payments if they are not received when due. If work being carried out is no longer required contact Adam Sumner Design as soon as possible to cease work on the project and to agree a pro rata settlement.

If accounts are not settled or Adam Sumner Design have not been contacted regarding the delay, Adam Sumner Design reserve the right to discontinue, withhold, or suspend services to The Client to whom such unpaid amounts relate. Adam Sumner Design will then pass such cases to the Small Claims Court to pursue payment, non payment can result in county court judgments (ccj's) being added to the clients credit rating.

Following consistent non payment of an invoice Solicitors will be instructed to contact the client in question, with a view to taking the matter further and if need be to seek payment through legal procedures.

An interim invoice will be levied for the percentage of the project completed if the commissioned project's content is not received within 90 days of being requested or key decisions are unduley delayed.

Tenders and Quotes are valid for 60 days from the date of the Tender or Quote. All prices quoted may be subject to change without notice after this period.

Disclaimer

Adam Sumner Design cannot be held liable for any information contained within The Client's website or printed literature. The content of such remains the copyright and intellectual property of The Client. The Client is liable for any reasonable legal costs incurred by Adam Sumner Design caused by the content of The Client's website or other project and agrees to indemnify the company for any awards made by a court of law.

No liability will be accepted for compatibility issues with code or any errors, omissions or failings of software code produced.

On completion of any web site it is the sole responsibility of The Client to manage the site, unless an ongoing management agreement has been made with Adam Sumner Design.

Should Adam Sumner Design waive any of these terms on an individual basis, this shall not affect the validity of remaining clauses or commit Adam Sumner Design to waive the same clause on any other occasion.

This contract shall be subject to English Law.

Adam Sumner Design reserves the right to amend these terms and conditions at any time.

Apology

These terms have been drawn up under legal advice principally to protect Adam Sumner Design from bad debts and the compensation culture - Adam Sumner Design is generally agreeable, understanding and flexible and will be unlikely to strictly enforce these terms and conditions with clients that are also honest, agreeable, understanding and flexible.

Complaints Procedure

Any client who experiences a problem with their web service, or graphic design work provided by Adam Sumner Design should raise the matter directly using either the online contact form or by telephone, giving sufficient information to locate the material (such as a URL) and clearly outline the grounds for complaint.

Adam Sumner Design would look to take all reasonable steps to resolve any complaints as quickly as possible to the satisfaction of the complainant.