Definitions:
The Cardiff Graphic Designer LTD: Primary designer/site owner & employees or affiliates.
The Client : The company or individual requesting the services of The Cardiff Graphic Designer LTD.

General:
The Cardiff Graphic Designer LTD will carry out work only where an agreement is provided either by email, telephone, mail or fax. The Cardiff Graphic Designer LTD will carry out work only for clients who are 18 years of age or above. An ‘order’ is deemed to be a written or verbal contract between The Cardiff Graphic Designer LTD and the client, this includes telephone and email agreements.

Websites & Design:
Whilst every endeavour will be made to ensure that the website and any scripts or programs are free of errors, The Cardiff Graphic Designer Ltd cannot accept responsibility for any losses incurred due to malfunction, the website or any part of it.

The website, graphics, designs, copy writing and any programming code provided by The Cardiff Graphic Designer Ltd remain the property ofThe Cardiff Graphic Designer Ltd until all outstanding accounts are paid in full.

Any scripts, cgi applications, php scripts, or software (unless specifically agreed) written by The Cardiff Graphic Designer Ltd remain the copyright of The Cardiff Graphic Designer Ltd and may only be commercially reproduced or resold with the expressed written permission of The Cardiff Graphic Designer Ltd.

The Cardiff Graphic Designer Ltd cannot take responsibility for any copyright infringements caused by materials submitted by the client. We reserve the right to refuse any material of a copyrighted nature unless adequate proof is given of permission to use such material.

Any additions to briefs provided will be carried out at the discretion of The Cardiff Graphic Designer Ltd and where no charge is made by The Cardiff Graphic Designer Ltd for such additions, The Cardiff Graphic Designer Ltd accept no responsibility to ensure such additions are error free and reserve the right to charge an according amount for any correction to these or further additions.

The client agrees to make available as soon as is reasonably possible to The Cardiff Graphic Designer Ltd all materials required to complete the site to the agreed standard and within the set deadline.

The Cardiff Graphic Designer Ltd reserves the rights to use images of the website and graphic design in any online/offline portfolio, and place the ‘The Cardiff Graphic Designer logo/text’ and a hyperlink back to https://www.thecardiffgraphicdesignerltd.co.uk on any design work carried out – Unless otherwise agreed prior to the project commencing.

The Cardiff Graphic Designer Ltd will not be liable for costs incurred, compensation or loss of earnings due to the failure to meet agreed deadlines. Any estimated timeframes provided are only approximations and are not enforceable whatsoever. Website developments are often subject to interpretation, testing, reworking, conflicts with existing platforms and technology or scripting, compatibility issues and other factors that can dramatically effect timeframes during implementation.

If a project brief is amended by the client after the date of project commencement, the addition of any extra functionality to the project brief will render any previously estimated timeframes void. The Cardiff Graphic Designer Ltd will not accept any responsibility for failure to meet project deadlines, as a result of an extended client brief.

The Cardiff Graphic Designer Ltd will not be liable or become involved in any disputes between the site owner and their clients and cannot be held responsible for any wrongdoing on the part of a site owner. eg. Any disputes re content/images that have been provided to us for inclusion on the site.

The Cardiff Graphic Designer Ltd 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.

The Cardiff Graphic Designer Ltd will not be liable for any costs incurred, compensation or loss of earnings due to the unavailability of the site, its servers, software or any material provided by its agents.

A non-refundable deposit of 50% is required with all of our projects before any design work will be carried out (unless stated otherwise).

Once a website has been designed and completed the final balance of payment is then due in accordance with our payment terms. There are no exceptions to this, i.e If the client decides they no longer want the site, as they have commissioned the work and paid a deposit they are still obliged to pay for the work that has been done. Non payment will result in legal action being taken if necessary. Once full payment is received for a website, it is assumed that the project has been completed to the clients satisfaction and no refunds can be offered. Free updates are provided for a month after completion to allow for any final amendments that may be required, as long as the updates are in accordance with the original project brief.

Database, Application and E-Commerce Development:
The Cardiff Graphic Designer Ltd cannot take responsibility for any losses incurred by the use of any software created for the client. Whilst every care has been taken to ensure products are problem free and accurate, the ultimate responsibility lies with the client in ensuring that all software is functioning correctly before use.

Any scripts, applications or software (unless specifically agreed) written by The Cardiff Graphic Designer Ltd remain the copyright of The Cardiff Graphic Designer Ltd and may only be commercially reproduced or resold with the permission of The Cardiff Graphic Designer Ltd.

Where applications or sites are developed on servers not recommended by The Cardiff Graphic Designer Ltd, the client is expected to provide or seek any information, additional software, support or co-operation pertaining to the server required in order for the application to be correctly developed. Where large applications are to be developed, it is the clients responsibility to provide a suitable testing environment which is identical to the final production environment.

The client is expected to test fully any application or programming relating to a site developed by The Cardiff Graphic Designer Ltd before being made generally available for use. Where “bugs”, errors or other issues are found after the site is live, The Cardiff Graphic Designer Ltd will endeavor (but is not obliged to) to correct these issues to meet the standards of function outlined in the brief. Any bugs should be included in The Clients detailed “Final Snag List”, which should be submitted to The Cardiff Graphic Designer Ltd by the client, prior to settlement of the final Go-Live Balance.

Compatibility:
The Cardiff Graphic Designer Ltd will endeavor to ensure that any developed/designed site or application will function correctly on the server it is initially installed in and that it will function correctly when viewed with the web browsing software Microsoft Internet Explorer Version 6 and to an acceptable level with Mozilla browsers. The Cardiff Graphic Designer Ltd can offer no guarantees of correct function with all browser software.

Website Hosting:
Whilst The Cardiff Graphic Designer Ltd recommends hosting companies to host websites, no guarantees can be made as to the availability or interruption of this service by The Cardiff Graphic Designer Ltd cannot accept liability for losses caused by the unavailability, malfunction or interruption of this service, or for loss of turnover, sales, revenue, profits or indirect, consequential or special loss.

The Cardiff Graphic Designer Ltd reserve the right to refuse to handle in any way, material which may be deemed offensive, illegal or in any way controversial, and also to terminate the free hosting service should the necessity arise.

Website Photography:
Any additional terms set by the photographer/affiliates for your design project can be requested prior to the photo shoot. The Cardiff Graphic Designer Ltd reserves the rights to use the photographers images for the website and graphic design in an online and offline portfolio – unless otherwise agreed prior to the project completion. The Cardiff Graphic Designer Ltd cannot take responsibility for any copyright infringements or damages caused by materials submitted by the client or photographer or affiliate.

Website Optimization:
Due to external factors, such as changes to the way search engines rank websites, we cannot offer any guarantees regarding the position we will achieve for websites. The process of optimizing websites itself will bring in more traffic and hits and you’ll see visits increase to your site naturally. We cannot accept liablility 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.

We 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 we are unable to offer a refund of any monies to clients in relation to this type of work.

The Cardiff Graphic Designer Ltd reserve the right to refuse to handle in any way, material which may be deemed offensive, illegal or in any way controversial.

Payment of Accounts:
A deposit of 50% is required from any new client before any work is carried out. It is the The Cardiff Graphic Designer Ltd policy that any outstanding accounts for work carried out by The Cardiff Graphic Designer Ltd or its affiliates are required to be paid in full, no later than 7 days from the date of the invoice unless by prior arrangement with The Cardiff Graphic Designer Ltd.

Upon completion of a project, in accordance with our interpretation of a client brief, The Cardiff Graphic Designer Ltd will present an invoice for the Go-Live balance, which will include the outstanding 25% balance plus the cost of any additional work carried out. The client will be provided with administrator access to the website only after the Go-Live balance is paid in full. If the client feels there are elements of their brief that have not been totally fulfilled, or elements that require amendments prior to settling their balance, they are requested to present a detailed “Final Snag List” prior to the settlement of their account. The final snag list will be worked through and completed in a reasonable timeframe, as long as all Snag List elements are in accordance with work agreed to be carried out by The Cardiff Graphic Designer Ltd. As soon as the Final Snag List points are completed, the Client will be notified and the Go-Live balance must be paid within 7 days

Once a deposit is paid and work completed, The Client is obliged to pay the balance of payment in full. We will contact clients via email and telephone to remind them of such payments if they are not received when due.

If accounts are not settled or The Cardiff Graphic Designer Ltd have not been contacted regarding the delay, access to the related website may be denied and web pages removed, we will then pass such cases to the Small Claims Court to pursue payment, non payment can result in county court judgements (ccj’s) being added to the clients credit rating.

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

Your Privacy:
We do not share or sell any of your details with third party companies, without your express permission and we will only email you or contact you about work related matters.

Complaints Procedure:
Informal procedure
Anyone who experiences a problem with their web service provided byThe Cardiff Graphic Designer Ltd should raise the matter directly using our online contact form to do so, giving sufficient information to locate the material (such as an url) and clearly outlining the grounds for complaint.

The Cardiff Graphic Designer Ltd will approach the individual responsible for the material in question with a view to resolving the matter to the satisfaction of the complainant.

Formal complaints procedure
The formal complaints procedure should only be used where the complainant feels 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 The Cardiff Graphic Designer Ltd, who will acknowledge receipt and ensure that the matter is looked into as soon as possible.

An initial response to any complaint can be expected within seven days of its receipt; a full and considered response to the complaint should be completed within 30 days and any subsequent remedy implemented with the minimum of delay.