TERMS of Business

Terms of the Contract
Having received a brief of requirements from The Client, either verbal or written, Clarity Design will produce a quotation detailing the work to be carried out. The Client by accepting our quotation is accepting out terms and this will effectively form the basis of the contract.

This agreement constitutes the entire agreement between Clarity Design and The Client. In making this agreement each party confirms that they have not relied on any inducement not recorded in this agreement.

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 Clarity 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 Client's supplied logos, artwork, graphics and photographs remain the copyright of The Client. Design, graphics and programming produced by Clarity Design remain the intellectual property of Clarity Design until full and final payment has been received, at which time the ownership is then transferred to The Client.

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

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

Proofs of all printed work may be submitted for The Client's approval and Clarity 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 judgement of Clarity 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.

Web Site Design
Clarity Design will produce and publish temporarily on the Clarity Design web site a design proof for The Client's approval. The design copyright of the proof shall remain the sole property of Clarity Design. Use of the design in any respect without the express written permission of Clarity Design will constitute breach of copyright.

Clarity Design will complete the design and build of The Client's web site after receiving confirmation that the design proof is satisfactory.

Clarity Design will release website code & graphics when payment of the final invoice for the outstanding quotation value is received in full.

Once Clarity Design has received written 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.

Our consultancy service and general advice is, by it's nature, subjective. It is up to The Client whether they decide to follow our ideas and suggestions. We cannot guarantee that any of those ideas and suggestions will increase traffic to The Client's web site, improve ratings with search engines or boost sales.

Domain Name Registration and Website Hosting
Clarity Design will register domain names in The Client's name. In doing this, Clarity Design are acting as The Client's agent with the appropriate Naming Authority. The contract of registration is between The Client and them and The Client is bound by their terms and conditions (available on request).

Registration is for two years unless otherwise agreed. Although we will do our best to renew the registration for you, it is ultimately your responsibility to make sure this happens, so please keep a note of the date.

Clarity 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). Clarity Design may take payment from the client for webhosting services, however it is understood that Clarity Design accepts no responsibility or liability for the performance of the website hosting company.

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.

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 Clarity Design goods and services.

Force MaJeure
Clarity 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 (not likely!), default or failure of subcontractor or suppliers or any other cause beyond its reasonable control and Clarity Design shall not be liable for any loss, damage or expense suffered by The Client or any third party arising directly or indirectly from such matters.

Invoicing, Payment and Tender Validity
Payment for design services must (unless otherwise agreed with Clarity Design) be made as follows: 50% (or an agreed deposit) with order, plus balance on completion. Design modifications will be charged at the prevailing hourly rate dependant on type of service required.

Payment shall be made in UK Pounds Sterling to Clarity Design. Payments are due within 14 days of presentation of invoice, or by return in certain instances (in these case the payment terms will be listed on the invoice). If due to bank charges, transfer fees, or the like, Clarity Design should receive less than its invoice amount, Clarity Design will re-invoice The Client for the shortfall. In the event that any amount remains unpaid 14 days after invoice date, Clarity Design reserves the right to discontinue, withhold, or suspend services to The Client to whom such unpaid amounts relate.

Payment Collection
If it is required that Clarity Design visit the customer to solely collect payment, an administration fee of £15.00 is charged plus £1 per mile to and from the customer. For example if the customer is 10 miles away, an additional charge of £20 will be charged, plus the £15.00 administration fee, making the collection fee for this example £35.00. This is still charged on top of any late payment fees

In accordance with The Late Payment of Commercial Debts Act 1998 interest will be charged on all payments received outside of payment terms at the rate of 2% above Lloyds Bank plc base rate per day. All charges incurred by Clarity Design due to late payment or cheques that require representing or fees required to recover debts will be passed onto The Client.

Tenders and Quotes are valid for 30 days from the date of the Tender or Quote. All prices quoted may be subject to change without notice after this period.

Once Clarity Design has undertaken a commission for services, a cancellation fee of upto 75% will apply if the contract is terminated through no fault of Clarity Design. An interim invoice will also be levied for upto 75% of the total quotation value if the commissioned project's content is not received within 60 days of commission.

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

Search engine entry and ranking can in no way be guaranteed as this remains the sole discretion of a third party provider.

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

Where in the instance that a time scale / schedule has been given, Clarity Design will not be responsible for any money lost to the Client if the deadline is not met.

On completion of any web site it is the sole responsibility of The Client to manage the site. Clarity Design will no longer be responsible for the site upon completion unless an alternative agreement has been reached.

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

This contract shall be subject to English Law. Where it is held that Clarity Design is not entitled to rely on any term in this contract, then Clarity Design may also be allowed to cancel all rights and obligations under this contract, or to hold all other clauses as valid entirely at their sole discretion.

Apology
These terms have been drawn up principally to protect Clarity Design from bad debts and the compensation culture - we are generally agreeable, understanding and flexible and will be unlikely to strictly enforce these terms and conditions on clients that are also honest, agreeable, understanding and flexible. This apology in no way constitutes a waiver of any of the terms listed above!

Amendments
These Terms may be amended at any future date - please check back prior to comissioning a project.

Terms of Use of the www.clarity-design.net Website

Introduction
This website is wholly owned and operated by Clarity Design ("us", "we", "our").

If you use this website, you agree to be legally bound by the following terms and conditions ("Terms"). If you do not agree to be bound by these Terms, you must not use this website.

Linking to Media
We welcome links to any HTML files on this server, however linking to media files (eg: jpeg, jpg, gif, pdf, Flash or video of any sort) from other sites is not permitted without our prior written approval. Unless you obtain our prior written approval, the information on this website is made available to you on the condition that you access it through the HTML files on our server; deep linking or otherwise accessing this website without going through our server shall be a breach of these Terms.

Content and Operation
We have taken every reasonable precaution and care in compiling this website, but it is possible that errors may occur. We do not give any warranty or make any representation of any kind with respect to the contents or operation of this website. Also, no warranty is given or representation made that this website will be compatible with all operating systems, browsers or computer hardware or software.

We reserve the right to make changes to these Terms and to the other contents of this website at any time without notice.

Limitation of Liability
We do not make any promise that your use of this website will be uninterrupted, reliable or error free or that its contents will be accurate or complete. All liability arising out of or in connection with your use of this website and/or reliance on its content is excluded. We do not accept any liability for losses or damages, whether direct or indirect that you may suffer as a result of your use of this website (including but not limited to computer service or system failure, access delays or interruption, data non-delivery or mis-delivery, computer viruses or other harmful components, breaches of security or unauthorised use of the system arising from "hacking" or otherwise). However, notwithstanding the above, nothing in these Terms shall exclude liability for death or personal injury resulting from our negligence or that of our employees, agents or authorised representatives or for fraudulent misrepresentation made by us, our employees, agents or authorised representatives or for any other liability the exclusion of which would not be permitted under English Law.

Each of the exclusions or limitations in these Terms shall be construed as a separate severable provision of these Terms. If any provision of these Terms is found to be invalid or unenforceable but would be valid and enforceable if some part of the provision were deleted, the provision in question shall apply with such modification(s) as may be necessary to make it valid.

Law and Jurisdiction
These Terms are to be interpreted in accordance with English law and any and all disputes arising out of your use of or in relation to this website shall be subject to the exclusive jurisdiction of the English Courts.

Viruses
We use reasonable endeavours to prevent contamination by known viruses and to maintain the security of this website but no warranty is given that this website or its contents or hypertext links are virus free or uncontaminated. Nor can we guarantee that this website will not be affected (or indeed fail or stop altogether) as a consequence of deliberate damage by hackers, failure of computers or other equipment, power failure, failure of telecommunications lines or criminal action.

You should make your own virus checks and implement your own precautions in this respect. All liability for any such damage is hereby expressly excluded to the extent permitted by law.

Protection of Our Property
All designs, text, graphics, program codes and the selection or arrangement of them are the copyright of us or our licensors and all trade marks, brand names and company names or logos contained on this website are owned by us or our licensors ("Intellectual Property").

Subject to paragraph 8 below, you may not amend, republish, resend, redistribute or otherwise use or make any of the contents of this website (including the Intellectual Property) available to any other person whether by way of any website, on-line service, bulletin board, hard copy or any other form, without our express prior written consent.

Permitted Reproduction
You may download onto your computer, store and use information contained in pages from this web site for your own personal use and research or that of your organisation, provided that the integrity of the material is maintained, we are acknowledged as its source and our website URL is given. Also, if you provide it to other people in your organisation, you should make sure that those people are aware that these Terms apply to them and their use of the material.

Linking With Other Websites
You are not permitted, except with our prior written consent, to deep link to or to frame any of the content that appears on the website.

This website may include links to other websites that may be of interest to you. We do not endorse or approve and have no responsibility for the content of any website to which this website links. Also, no warranty is given that the links are accurate.

Privacy Policy
These Terms should be read in conjunction with our Privacy Policy. You agree that we may collect, store and use information about you in accordance with our Privacy Policy and acknowledge and agree to be legally bound by the terms of our Privacy Policy.

Further Information
If you have any queries or complaints, or would like to link to this website or request further information, please contact us.

Clarity Design, 1 Mary Anna, Long Crichel Dorset, BH21 5JY, UK.
Tel. 01258 830728

Emails
The contents of any email sent from Clarity Design and any attachments may be privileged, confidential and protected by copyright. If they are received in error let us know and do not use it nor retain it nor copy it. While all efforts are made to safeguard emails, Clarity Design cannot guarantee that any attachments are virus free or compatible with the receipients systems and does not accept liability in respect of viruses or computer problems experienced. Clarity Design reserves the right to monitor all email communications through it's internal and external networks.