Our terms and conditions
All clients must agree to the terms and conditions here, this is to protect both parties. Where reasonable requests are made, Fluid Studios Limited will be very flexible and do everything possible to retain a good relationship with every client. That's why our customers stay with us. If Fluid Studios Limited consider a request unreasonable, these terms may be applied strictly. Please give us a call if you have any concerns relating to our terms and conditions.
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Contents of Terms and Conditions
5. Web Design Services
6. Graphic Design Services
7. Printing Services
8. Hosting and Domain Name Services
9. Internet Marketing Services
10. eCommerce and eShop Services
Terms and Conditions
A signed Agreement must be provided by all new Customers at the time of submission of work to Fluid Studios Limited, indicating agreement to and acceptance of these Terms and Conditions. By signing the Agreement, the customer agrees to these Terms and Conditions for any services they request from Fluid Studios Ltd. By signing, the customer will also be accepting the quotation provided.
Quotations will be provided after evaluation of the requirements submitted by the Customer. The charges for services provided by Fluid Studios Limited are negotiated prior to commencement of work and are provided on a statement which must be signed by the Customer. Fluid Studios Limited may quote separately for or not provide any service that is not specifically stated on the Agreement.
Fluid Studios Limited may request an advance payment before work is supplied to the Customer for preview. Such payments are non-refundable except where Fluid Studios Limited is unable to deliver on the services stated in the signed agreement. Accounts may be invoiced early at the discretion of Fluid Studios Limited where projects remain static for thirty (30) days due to the customer not providing information required for Fluid Studios Limited to continue working on the account.
The Customer may elect to receive either e-mail or hard copy invoices. Invoices are due on receipt. Accounts that remain unpaid fourteen (14) days after the date of invoice may be charged interest at the standard rate. Web pages may not be published until full payment has been made. Accounts unpaid fourteen (14) days after the date of invoice may have any services provided by Fluid Studios Limited deactivated. This can include but is not limited to the removal of published web pages, deactivating e-mail accounts and the cancelling of domain names. Removal of such material does not relieve the Customer of the obligation to pay any outstanding charges assessed to the Customer's account. Cheques returned for insufficient funds are assessed a return charge of £25. Customer's Accounts that remain unpaid fourteen (14) days after the date of invoice, agree to pay Fluid Studios Limited reasonable expenses, including legal fees and costs for collection by third-party agencies, incurred by Fluid Studios Limited in enforcing these Terms and Conditions.
- Web Design Services
Where unlimited design is stated in any agreement, this is provided under a fair service policy. This policy means that Fluid Studios Limited will only guarantee a maximum of five (5) concept designs and ten (10) design revisions but will usually provide unlimited further designs and design revisions while Fluid Studios Limited decide at their own discretion that the client is being reasonable with their requests and that the requests are progressing the project. If unlimited design is not stated then the Customer will be limited to one concept design without revisions, unless otherwise stated in the Agreement and will be charged for any additional concept designs they request. Copywriting, hosting and domains names are not included in the quote unless otherwise stated. The free standard search engine optimisation offered with every website includes the adding of an optimised title and Meta-Tags to the pages listed on the first tier of the main menu only. Search engine listings or positions are not guaranteed. The free logo design service offered with every website provides a maximum of three (3) basic designs and does not include illustration. Up to 10 stock images are included with each website and can only be sourced from Fluid Studios Limited's chosen provider. Although Fluid Studios Limited will test websites before they go live, results are not guaranteed and it is the responsibility of the Customer to check for any errors or mistakes. Any errors reported to Fluid Studios Limited within the first year of a website going live will be fixed without additional charge as long as Fluid Studios Limited agree that it is an error with the website and not with the Customer's computer, device or browser. Fluid Studios Limited may continue fix any reported errors after this period without charge at their own discretion. Security upgrades and patches to the software will be provided free of charge for the first year only.
- Graphic Design Services
Fluid Studios Limited will provide a maximum of three (3) concept designs for any graphic concept designs for a website included in the agreed price. Customers will be charged for any additional concept designs they request. Copywriting is not included in the quote unless otherwise stated.
- Printing Services
All payments for print must me made prior to the start of the printing process. Checking artwork for mistakes before it is printed is the responsibility of the customer. Fluid Studios Limited will only provide a reprint or refund if the artwork has mistakes that were not in the artwork signed off by the customer, or if the print(s) arrive in a damaged state. In such circumstances the decision whether to reprint or to refund the Customer lies with Fluid Studios Limited. If the customer does not sign the final artwork, any request for a reprint or refund will not be honoured. Delivery is usually within five (5) working days of an order being sent to print but this is not guaranteed. The Customer should contact Fluid Studios Limited after this period if their order does not arrive. Re-orders can only be made if the order does not arrive within twenty one (21) days.
- Hosting and Domain Name Services
Fluid Studios Limited will register new domain names and transfer existing domain names in its own name unless otherwise requested by the Customer. This allows Fluid Studios Limited the authorisation to make changes that the Customer requests. It is the customers responsibility to ensure the safe transfer of their domain name. If the customer requests that Fluid Studios Limited transfer a domain on the customers behalf, Fluid Studios Limited accepts no liability for the loss of any data, e-mails or domain names belonging to the customer. Fluid Studios Limited will always allow the Customer to transfer the domain name away without charge, as long as the customer's account is not in arrears. Charges may be incurred if the Customer wishes to change the details of registration. Hosting and Domain Names are charged yearly unless otherwise agreed. The Customer's website must meet the conditions requested by Fluid Studios Limited's hosting supplier. These Terms and Conditions are available on request. Services must be cancelled forty five (45) days before they are due for renewal or the Customer may be charged the renewal fee. Hosting cannot be used for media distribution or file storage for non website related files. The customer is responsible for backing up all website data. Fluid Studios Limited cannot be held accountable for loss of files or data from the Customer's account.
- E-mail Accounts
Fluid Studios Limited will create up to ten (10) e-mail accounts for any Customer using the Standard Hosting package provided by Fluid Studios Limited. Access to a control panel can be granted to allow a customer to create further e-mail accounts or Fluid Studios Limited can charge a fee for this service. Fluid Studios Limited can provide basic e-mail setup instructions for a limited range of software but cannot provide further IT support for any e-mail software. Fluid Studios Limited is not responsible for any loss of data resulting from use of e-mail services provided by Fluid Studios Limited. E-mail services are also supplied under the Terms and Conditions of Fluid Studios Limited's hosting supplier, which are available on request.
- Internet Marketing Services
Fluid Studios Limited cannot guarantee results for any internet marketing service it provides. The Customer is responsible for paying any advertising costs associated with pay-per-click campaigns. Customer's details will be provided on request to any company with which Fluid Studios Limited has created an account with on behalf of the Customer. The Customer must cancel any subscriptions for internet marketing services in writing, thirty (30) days in advance.
- E-commerce and eShop Services
Fluid Studios Limited takes no responsibility for making or processing sales, payment service provider issues, fraudulent transactions or other aspect of owning or maintaining an e-commerce website. Any financial, security, marketing or legal advice is offered only as guidance and should always be checked with an independent expert. The e-commerce software used by Fluid Studios Limited has limited flexibility and any services not on the signed agreement may not be provided. Fluid Studios Limited will include a standard level of security including encrypted passwords but cannot guarantee complete security. The e-commerce software may be developed in house or provided by a third party and should be checked by the client for security by an independent expert when holding sensitive data such as credit card information. Fluid Studios Limited may provide limited guidance to aid the Customer in successful online retailing but does not provide any guarantees.
Termination of services by the Customer must be requested in writing and will be effective on receipt of such notice. Termination does not relive the Customer of its obligation to pay for services already provided. Customers who terminate the services during a partially completed project will be charged for the amount completed. Deposits will not be refunded except at Fluid Studios Limited's discretion. Telephone requests for termination of services will not be honoured. If hosting has been purchased or a domain name has been registered by Fluid Studios Limited in response to a request from the Customer, the Customer must pay these fees even if termination is requested.
Fluid Studios Limited does not provide refunds on deposits, hosting, domains names or completed projects. Refunds may be provided by Fluid Studios Limited at its own discretion where it is unable to rectify errors in a service that it has directly provided.
Services provided by Fluid Studios Limited may be used for lawful purposes only. Submission, transmission or maintenance of any information or materials in violation of any government regulations is prohibited. This includes, but is not limited to, material legally judged to be threatening or obscene. Fluid Studios Limited reserves the right to refuse service to the Customer without providing reason or cause. Fluid Studios Limited are not responsible for ensuring the compliance of the Customer's website with UK or any other law, this is the sole responsibility of the Customer. Any advice offered by Fluid Studios Limited concerning the content of the Customer's website should be checked with an independent legal advisor.
- Copyright and Ownership
The Customer retains the copyright to data, files, graphics and logos provided by the Customer, and grant Fluid Studios Limited the rights to publish and use such material in any work commissioned by the Customer. Copyright of the overall design of any work commissioned by the Customer from Fluid Studios Limited will remain with the Customer although Fluid Studios Limited retains the right to use elements within the design on other projects, including projects for other customers. The Fluid eShop and Fluid CMS systems remain the property of Fluid Studios Limited and the Customer is granted license to use and make changes to these systems as they require, including using third party developers to make changes; this includes administration control panels that have been adapted from the Fluid eShop or Fluid CMS systems. If the customer transfers ownership of any content produced by Fluid Studios Limited, they must transfer it under the same license as exists between Fluid Studios Limited and the Customer. The customer may duplicate materials provided by Fluid Studios Limited for their own use only and not to sell copies. If the customer does wish to create a duplication for the purpose of selling or transferring to a third party, Fluid Studios Limited may provide an additional license for a fee. The Customer must obtain permission and rights to use any information or files that are copyright by a third party; the Customer is further responsible for granting Fluid Studios Limited permission and rights for use of the same and agrees to indemnify and hold harmless Fluid Studios Limited from any and all claims resulting from the Customer's negligence or inability to obtain proper copyright permissions.
The Customer agrees to indemnify and hold harmless Fluid Studios Limited from any and all claims resulting from the Customer's illegal or malicious use of Fluid Studios Limited's services which cause damage to the Customer or a third party.
Fluid Studios Limited makes no warranties of any kind, whether express or implied, for the services it provides except where explicitly stated on the agreement. Fluid Studios Limited also disclaims any warranty of merchantability or fitness for a particular purpose. Fluid Studios Limited will not be responsible for any direct, indirect or consequential damages which may result from the use of its services including loss of data resulting from delays, non-delivery or interruption in service that are beyond its control.
Fluid Studios Limited will provide a basic level support for the services that it provides. This support is limited to telephone and e-mail advice, on the use of, or fixing errors with, any system created by Fluid Studios Limited. Errors in terms of support are considered to be faults with a website or system that prevent any of the functionality mentioned in the agreement that occur when using the website or system in a browser version or device mentioned in the testing section of the agreement contract. This does not extend to making the website or system compatible with future browsers, devices or integrated systems such as payment service providers. No support will be provided for computer technical faults, e-commerce facilities not mentioned in the Agreement, hosting or domain names that have not been provided by Fluid Studios Limited and software not provided by Fluid Studios Limited, including but not limited to, image editing software, payment gateways, payment processing facilities, e-mail managers and internet browsers. Fluid Studios Limited reserves the right to refuse support to any customer they deem as unreasonable or abusive.
These Terms and Conditions supersede all previous representations, understandings or agreements and shall prevail notwithstanding any variance with terms and conditions of any order submitted.