SERVICE ONTRACT
Final Design Studios shall provide a Service to the Client subject to a written Agreement, between Final Design Studios and the Client and these Conditions. Final Design Studios and the Client must confirm any changes or additions to the service or these Conditions in writing.
Final Design Studios may correct any typographical or other errors or omissions in any brochure, promotional literature, quotation or other document relating to the provision of the Service without any liability to the Client.
Final Design Studios may at any time without notifying the Client make any changes to the Service which are necessary to comply with any applicable safety or other statutory requirements, or which do not materially affect the nature and or quality of the Service.
Subject to any special terms agreed, the Client shall pay Final Design Studios Standard Charges and any additional sums which are agreed between Final Design Studios and the Client for the provision of the Service or which, in Final Design Studios sole discretion, are required as a result of the Client’s instructions or lack of instructions, the inaccuracy of such or any other cause attributable to the Client.
All charges quoted to the Client for the provision of the Service are exclusive of any Value Added Tax, for which the Client shall be additionally liable at the applicable rate from time to time.
Final Design Studios warrants to the Client that the Service will be provided using reasonable care and skill and as continuously as reasonably possible, at all times subject to routine and emergency maintenance and downtime occasioned by third parties.
Where Final Design Studios supplies in connection with the provision of the Service any goods supplied by a third party, Final Design Studios does not give any warranty, guarantee or other term as to their quality, fitness for purpose or otherwise, but shall, where possible, assign to the Client the benefit of any warranty, guarantee or indemnity given by the person supplying the goods to Final Design Studios .
Final Design Studios shall have no liability to the Client for any loss, damage, costs, expenses or other claims for compensation arising from any materials, equipment or instructions supplied by the Client which are incomplete, incorrect, inaccurate, illegible, out of sequence or in the wrong form, or arising from their late arrival or non-arrival, or any other fault of the Client.
Wherein Final Design Studios is not directly responsible for the construction of the web site hosted, Final Design Studios shall have no liability for loss of Data, Graphics or any other item in connection with site. It is the owner of the site’s responsibility to assure that he/she has all relevant material backed up. (This does not apply to sites designed /constructed by Final Design Studios where Final Design Studios shall keep backups of all site material).
Except in respect of death or personal injury caused by Final Design Studios negligence, or as expressly provided in these Conditions, Final Design Studios shall not be liable to the Client by reason of any representation (unless fraudulent), or any implied warranty, condition or other term, or any duty at common law, or under the express terms of the Contract, for any loss of profit or any indirect, special or consequential loss, damage, costs, expenses or other claims (whether caused by the negligence of Final Design Studios , its servants or agents or otherwise) which arise in connection with the provision of the Service or their use by the Client, and the entire liability of Final Design Studios under or in connection with the contract shall not exceed the amount of Final Design Studios charges for the provision of the Service, except as expressly provided in these Conditions.
Final Design Studios shall not be liable to the Client or be deemed to be in breach of the Contract by reason of any delay in performing, or any failure to perform, any of Final Design Studios obligations in relation to the Service, if the delay or failure was due to any cause beyond Final Design Studios reasonable control.
Domain names registered on the Client’s behalf are at no time the property of the Client. The Client, upon registration, merely receives the right of use of such name(s) as is pointed at the Client’s domain for such time as it is validly registered to the Client. This provision is subject to such rules of the duly appointed Naming Committees/Organisations as are in force from time to time.
The Client shall meet all third party costs arising from the registration of a domain name. These costs are payable to Final Design Studios before a formal application for registration is made.
All information, mail messages and other data stored on Final Design Studios equipment is treated as private and solely the property of the Client at all times and will not be duplicated, copied, reproduced or viewed publicly in any way except with express or implied permission of the Client and/or for the purposes of Final Design Studios back-up routines and/or providing the Client with its support services.
Mail awaiting delivery is stored securely and is non-accessible to other Internet Users. However, once the Client’s decrypted data passes onto the Internet, it is no longer secure and is open to unscrupulous use. Final Design Studios cannot accept responsibility or liability for any data or information that becomes available by such means against the wishes of the Client and Final Design Studios recommends the use of encryption for transfer of sensitive data or information.
The Client undertakes that the Client’s data (whether stored or sent over the Internet) will not contain anything obscene, offensive or defamatory. The Client will indemnify Final Design Studios and keep Final Design Studios fully and effectively indemnified against all actions, proceedings, claims, demands, damages and costs (including all legal costs on a full indemnity basis) occasioned to Final Design Studios as a result of any breach of the said undertaking.
Final Design Studios reserves the right to withdraw its provision of services at any time that it becomes aware of or is notified of the misuse, abuse or illegal use of said services contrary to any statutory regulation or law governing the relationship between Final Design Studios and the Client under this Contract.
These Conditions together with any terms set out in the Agreement between Final Design Studios and the Client constitute the entire agreement between the parties, supersede any previous agreement or understanding and, may not be varied except in writing between the parties. All other terms and conditions express or implied by statute or otherwise are excluded to the fullest extent permitted by law.
English law shall apply to the Contract, and the parties agree to submit to the exclusive jurisdiction of the English courts.
On agreement of Service a deposit of 50% will be payable to Final Design Studios . Upon completion of the said Agreement the total sum of all monies shall be paid less the interim deposit of 50% of the total agreed sum. In the case that the total sum of monies is not paid within 28 days of completion, Final Design Studios reserve the right to retract the works produced for the client until all monies have been paid in full and Final Design Studios may make additional charges for services including deliveries or FTP website upload(s) should the retraction have taken place.
Final Design Studios shall provide a service to the Client subject to a written agreement, and Final Design Studios shall comply with the said agreement.
The minimum period for the provision of any service is 12 Months from the date of acceptance, each further period of 12 months shall be termed as renewal unless the client gives Final Design Studios a minimum of one months (Written) notice.
Any changes made to the said Service shall be with both the agreement of Final Design Studios and the Client.
Websites built by Final Design Studios may not be copied, reproduced or published on more than a single domain without Final Design Studio’s express written consent. Each publication of a Final design Studios designed website carries with it an additional domain (not including sub-domains) flat fee of 15% of the original web design fee and is payable before publication.
Final Design Studios may reject any material that in their estimation may be deemed offensive or objectionable.
Final Design Studios will not be held responsible for and breach of copyright, we will assume that any information given to us has been fully sanctioned or authorised.
Final Design Studios requires the full content of a Clients website to be supplied in its entirety on commission or shortly after (five days is normal) before any design can commence. Our schedules will allow us to wait a maximum of 21 days for all content to be supplied, after which, if still forthcoming Final Design Studios will not endeavour to promise a start or finish date.
Depending on the template Specifications chosen, Final Design Studios will in their own interest modify or alter the preset design to accommodate Client content.
Unless specified by the Client and confirmed on a separate agreement form, the programming and design will be the responsibility of Final Design Studios . Final Design Studios will assume that the Client has given them permission to design and layout each individual page.
All Graphics design is the sole property of Final Design Studios or their subsidiaries.
Mistakes and Omissions excluded, any alterations/changes or redesigns to the completed site will be chargeable as an extra at the standard rates.
The client should acknowledge, that we nor any other SEO company can not give out any guarantees about getting certain positions. SEO process takes at least 1-3 months to show some significant effect. During this time the client site is analyzed and optimized within the timelines and resources specified in agreement. Achieving stable high rankings can take up to 12 months and require major investments. During the optimization process, the client site is very likely to drop in rankings and get less traffic from search engines. It is also possible, that the number of sales and rankings will go permanently down.
We measure the success of SEO process by asking if the client website is more user and search engine friendly. If we have managed to make client site more search engine friendly and more visible in eyes of search engines, then we charge a full fee for our consultation despite the search engine’s results positionings of your site. We nor any other SEO company can promise traffic gain, better SERPs results or more sales because search engine results are largely affected by many off-page factors which search engines like Google use in their algorithms. Normally the end result of an SEO process will be more traffic, better rankings, more sales but as said, no SEO company can guarantee this. Full SEO Terms & Conditions are available here.
WEBSITE MAINTENANCE SERVICES
The following terms and conditions apply specifically to Website Maintenance services provided by Final Design Studios, including but not limited to WordPress Maintenance services at various tiers.
- Service Description
1.1. Final Design Studios offers Website Maintenance services which may include, but are not limited to, software updates, security patches, backups, and technical support. 1.2. The specific inclusions for each service tier will be outlined in the service description provided at the time of purchase. - Client Responsibilities
2.1. The Client shall provide Final Design Studios with necessary access to their website and hosting environment to perform the maintenance services.
2.2. The Client is responsible for providing accurate and timely information required for the provision of services. - Service Delivery
3.1. Final Design Studios will perform maintenance tasks on a schedule as outlined in the specific service description.
3.2. Emergency maintenance may be performed outside of regular schedules if deemed necessary by Final Design Studios. - Backups
4.1. Where backups are included in the service, Final Design Studios will make reasonable efforts to maintain and store backups securely.
4.2. The Client acknowledges that while backups reduce the risk of data loss, they do not guarantee against all forms of data loss. - Updates and Compatibility
5.1. Final Design Studios will apply updates to website software, themes, and plugins as part of the maintenance service.
5.2. The Client acknowledges that updates may occasionally cause compatibility issues or site errors, which Final Design Studios will make reasonable efforts to resolve. - Technical Support
6.1. Technical support is provided as specified in the service description for each tier.
6.2. Additional support time beyond the allocated amount may be charged at Final Design Studios’ standard rates. - Term and Termination
7.1. The minimum term for Website Maintenance services is 12 months from the date of acceptance, unless otherwise specified.
7.2. Either party may terminate the service with one month’s written notice prior to the end of the current term. - Payments
8.1. Fees for Website Maintenance services are payable in advance, on a schedule agreed upon at the time of purchase.
8.2. Final Design Studios reserves the right to suspend services if payments are not received on time. - Limitations of Liability
9.1. Final Design Studios’ total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of the Website Maintenance services shall be limited to the amount paid by the Client for the service in the 12 months preceding the event giving rise to the claim.
9.2. Final Design Studios shall not be liable for any indirect, incidental, special, consequential, or exemplary damages arising from the use of the Website Maintenance services, including but not limited to damages for loss of profits, goodwill, use, data, or other intangible losses.
9.3. While Final Design Studios will make reasonable efforts to ensure the security and integrity of the Client’s website, Final Design Studios shall not be held liable for any data loss, downtime, or security breaches that may occur despite these efforts.
9.4. The Client acknowledges that Final Design Studios cannot guarantee the complete elimination of all security vulnerabilities or the prevention of all potential hacking attempts.
9.5. Final Design Studios shall not be liable for any issues arising from third-party plugins, themes, or software used in conjunction with the Website Maintenance services, including but not limited to compatibility issues, security vulnerabilities, or performance problems.
9.6. Nothing in these terms and conditions shall limit or exclude Final Design Studios’ liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, or any other liability which cannot be limited or excluded by applicable law. - General
10.1. These terms are in addition to Final Design Studios’ general terms and conditions.
10.2. In the event of any conflict between these Website Maintenance services terms and the general terms and conditions, these terms shall prevail in relation to the Website Maintenance services.
ACCEPTANCE OF TERMS
The Conditions set out are the only terms on which Final Design Studios is prepared to provide you with services provided. These Conditions shall apply to all Contracts. All other terms and conditions (other than those which are agreed in writing between us) are excluded to the fullest extent permitted by law. Final Design Studios reserves the right to review and revise the Conditions from time to time without prior notice and, by using the Services subsequent to any revision of these Conditions, you agree to be bound by such changes.
In case of argument, the issue is handled within the British Courts which applies the rules of British legislation about bought services and products. Basically this means that IF the bought service does not match contract / TOS, or is by some other way damaged, the client is entitled to a partial refund.