By requesting the services of jstyla Limited, you confirm that you are in agreement with and bound by the terms of service below.
Definitions:
- The Client: The company or individual requesting the services of jstyla Limited.
- jstyla Limited: Primary designer/site owner & employees or affiliates.
General
jstyla Limited will carry out work only where an agreement is provided either by email, telephone, mail or fax. An 'order' is deemed to be a written or verbal contract between jstyla Limited and the client, this includes telephone and email agreements.
Web Design
Whilst every endeavor will be made to ensure that the website and any scripts or programs are free of errors, jstyla Limited cannot accept responsibility for any losses incurred due to malfunction, the website or any part of it.
The website, graphics and any programming code remain the property of jstyla Limited until all outstanding accounts are paid in full. Source design files (PSD, IND, AI etc.) remain property of jstyla Limited. An exclusive ownership licence is available for clients interested in also recieving source design files.
Any scripts, cgi applications, php scripts, or software (unless specifically agreed) written by jstyla Limited remain the copyright of jstyla Limited and may only be commercially reproduced or resold with the permission of jstyla Limited.
jstyla Limited 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 the brief will be carried out at the discretion of jstyla Limited and where no charge is made by jstyla Limited for such additions, jstyla Limited 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 jstyla Limited all materials required to complete the site to the agreed standard and within the set deadline.
jstyla Limited will not be liable for costs incurred, compensation or loss of earnings due to the failure to meet agreed deadlines.
jstyla Limited 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.
jstyla Limited 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.
jstyla Limited 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 deposit of 50% is required with any project before any design or development work will be carried out. Projects valued at £200.00 or less require full payment upfront.
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.
Graphic and Print Design
Source files for graphic design projects by default remain with jstyla Limited. Commercial and intellectual licence is released to the client however source files come at an additional cost exclusive of any design related item on an invoice issued by jstyla Limited.
Print jobs require full payment upfront due to printing policy and cash-flow. No exceptions
Database, Application and E-Commerce Development
jstyla Limited 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, cgi applications or software (unless specifically agreed) written by jstyla Limited remain the copyright of jstyla Limited and may only be commercially reproduced or resold with the permission of jstyla Limited.
Where applications or sites are developed on servers not recommended by jstyla Limited, 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 jstyla Limited before being made generally available for use. Where "bugs", errors or other issues are found after the site is live, jstyla Limited will endeavor (but is not obliged to) to correct these issues to meet the standards of function outlined in the brief.
Website Hosting and Domain Names
jstyla Limited offers registration, management, renewal & transfers of domain names. jstyla Limited also offers web hosting. Various packages available.
Should you require any additional information, please email us.
Data Transfer Limits
Our monthly data transfer limit is 1GB per Month, if data transfer exceeds this limit it will be charged at £1.00 per GB.
Whilst jstyla Limited recommends hosting companies to host websites, no guarantees can be made as to the availability or interruption of this service by jstyla Limited 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.
Hosting Payment Policy & Billing Procedures
All accounts are set up on a pre-pay basis. We accept payments via Cheque, BACS (preferred) and cash payments. Setup fees are charged for all new accounts that are paid on a monthly basis and major account changes and are non-refundable. All pricing is guaranteed for the term of pre-payment. jstyla Limited reserves the right to change prices at any time.
Payment is due each anniversary month or period following the date the account was established. If 10 days have passed and payment has not been posted, the account will be suspended until further notice. The customer is responsible for all money owed on the account from the time it was established to the time that the customer notifies jstyla Limited to request termination of services.
The client must give 1 month's notice for termination of an individual webhosting account. Reseller accounts have a cooling off period of 14 days to which thereafter becomes expended and non-refundable
Payment of Accounts
A deposit is required from any new client before any work is carried out. It is the jstyla Limited policy that any outstanding accounts for work carried out by jstyla Limited or its affiliates are required to be paid in full, no later than the stated date of the invoice due-date (if there is no stated due date on the invoice then the default period of payment must be made within 10 working days) unless prior arrangement with jstyla Limited.
Once a deposit is paid and work completed you are 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 jstyla Limited 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.
Passing of Rights
Once all amounts due to us from you are paid and cleared you are assigned the rights to use, as applicable, the products and services, including, the web site which includes the text, graphics, animation, audio components and digital components contained within the finished web site, in accordance with these terms and conditions, the Project Agreement and any applicable agreement, terms or licence but no rights of ownership are conveyed unless specifically stated in the Project Contract.
No such rights as described in above will pass until all amounts due to us from you are paid. This means that we will have a lien over any service, products, data or information. If you have not paid the invoice in full within 2 months from the date of the invoice you agree that you will forfeit your rights.
The rights to photographs, graphics and any third party items such as source code, always remain the property of their respective owners. Source code and Source design developed and designed by jstyla Limited will remain the rights of jstyla Limited unless otherwise stated or invoiced for.
Unless you have our specific written agreement in the Project Contract, all products, including Content Management Systems, interfaces, navigational devices, menus, menu structures or arrangements, icons, help, all operational instructions, scripts, cgi applications, software, programming/source code, and all other components of any source or object computer code that comprises the Website, all literal and non-literal expressions of ideas that operate, cause, create, direct, manipulate, access, or otherwise affect the Content and design elements used or developed and all software, and our products and results of our services remain our property and we retain full ownership rights and all intellectual property rights. You specifically agree not do anything that may in any way infringe upon or undermine our rights, title, or interest in the Website or our products and services. This includes, but is not limited to, any sale, transfer or gift of the whole or of any part of any item, data or anything whatsoever that we own. You fully understand that we may reproduce, reuse, develop and use in any other way we choose, anything within our ownership
Hire of Third Party
jstyla may at times depending on the project release source code access to the client so that they can hire third parties to further extend on the works produced by jstyla.
By requesting full source code access to jstyla's works - you agree that jstyla will not be held responsible for any revisions, edits or any changes made by a third party and that jstyla relinquishes the responsibility of inclusive technical support once the source code is passed over.
jstyla will still offer services to revise any works or modifications made by a third party at the rate of £35 an hour for scheduled bookings - minimum of 2 hours booking. Emergency third party fixes would be invoiced at a rate of £50 an hour - minimum of 2 hours booking.
Complaints Procedure
Informal procedure
Anyone who experiences a problem with their web service provided by jstyla Limited 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.
jstyla Limited 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 jstyla Limited, 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.