EditFX

Terms And Conditions

Please read these terms and conditions carefully, as they set out our and your legal rights and obligations in relation to services offered by EditFX

The Services

Deliver a custom, template conversion or design / video service as per the specifications submitted by the customer.

Keep the customer informed on the progress and development of the project within the timescales agreed between EditFX and the customer.

Provide the customer with access to a demo server during the delivery and acceptance phase

Make any modifications to the design / edit as outlined in the delivery and acceptance criteria as noted below.

Prepare and release the design / edit to be installed by the customer.

Delivery and acceptance

EditFX will use all reasonable endeavours to deliver the project to the customer for acceptance testing on or before the agreed delivery date. During the acceptance period, the customer will carry out acceptance tests via an online demo server to determine:-

The design conforms in all material respects with the original specification as outlined in the customers Proposal / specification document

Whether the design has any Defects.

If the design does not meet the above acceptance criteria the customer will send to EditFX a written notice via email within 7 days setting out in detail the respect(s) in which the design does not meet the acceptance criteria.

EditFX will then complete the following steps:-

EditFX will review the customer’s feedback in conjunction with the original design specifications in relation to the defects and will modify the design so that it meets the acceptance criteria within a tim e frame to be agreed with the customer.

The design will be deemed to have been accepted by the customer if the customer does not give any notice of defects during the delivery and acceptance period or the customer publishes the design after the design is released to the customer by EditFX.

Additional Services.

Any revisions, additions or redesign the client wishes EditFX to perform not specified in the project specification shall be considered “additional” and will require a separate payment. Full payment is required on instruction.


Hosting

EditFX will design, test and host websites using thier own webserver which has been specificly set up to run joomla and any backend applications needed.

Should the client choose to host the website with a 3rd party ISP it is the clients responsibility to ensure that the hosting account meets the technical requirements of the website and the client agrees to liaise with the ISP regarding all support matters. The client also agrees to allow EditFX to use the website and screenshots as a reference in thier advertising and marketing material.

Web Browsers

EditFX shall make every effort to ensure sites are designed to be viewed by the majority of visitors. Sites are designed to work with the main browsers Internet Explorer and Mozilla Firefox latest releases. Client agrees that EditFX cannot guarantee correct functionality with all browser software across different operating systems.

Clients agree that after handover of files any updated software versions of the main browsers Internet Explorer and Mozilla Firefox, domain name setup changes or hosting setup changes thereafter may affect the functionality and display of their web site. As such, EditFX reserves the right to quote for any work involved in changing the web site design or web site code for it to work with updated browser software, domain name or hosting changes.

Charges and payment

EditFX will not charge more than the amount previously agreed unless the customer has varied the specifications of the work since the agreement. EditFX will not undertake changes to the specifications of the work which would increase the cost, without prior written authorisation from the customer.

A 50% deposit is payable by the customer to EditFX before the project starts. The final 50% payment is payable by the customer before the design is released and after the delivery and acceptance terms are met.

Invoices for the above charges and payments will be processed and payable via paypal.com or via direct bank transfer

Offers and Proposals

Offers and proposals made by EditFX to potential clients should be confidential and remain the property of EditFX.  Such offers and proposals or the information contained within them must not be passed to third parties or publicly disseminated without prior written authorization from EditFX.  This includes, but is not limited to, technical features, functionality, aspe cts of the design and pricing information.

Supply of Materials

The customer is to supply all materials and information required for EditFX to complete the work in accordance with the agreed specification.  Such materials may include, but are not limited to, photographs, written-copy, logos and other printed materials.  Where the customers failure to supply such materials leads to a delay in completion of the work, EditFX has the right to extend previously agreed deadlines for the completion of the Work by a reasonable amount.

Warranty by Client as to Ownership of Intellectual Property Rights

The Customer will obtain all the necessary permissions and authorities in respect of the use of all copy, graphic images, registered company logos, names and trademarks or any other material it supplies to EditFX for inclusion on the Web design project.

The conclusion of a contract between EditFX and the customer shall be regarded as a guarantee by the customer to EditFX that all such permissions and authorities have been obtained and that the inclusion of such material in the Web design project would not constitute a criminal offence.

By agreeing to these terms and conditions, the Customer removes the legal responsibility of EditFX and indemnifies the same from any claims or legal actions however related to the content of the Customers site.

Right to Terminate

EditFX reserves the right to refuse or break a contract without prior notice, if it is believed that the Client, their Website, or any material is illegal, immoral or otherwise unacceptable.

Intellectual Property Rights

Subject to full payment of the Charges, EditFX undertakes not to design or create (or be involved in the design or creation) of any design, web application or web page with the look and feel of which is:

(a) identical to the look and feel of the Website; or

(b) substantially similar to the look and feel of the Website.

Without prejudice EditFX waives (and will ensure that its employees and subcontractors waive) any moral rights they may have after the final payment is made and web design is released to the customer arising under Chapter 4 of the Copyright, Designs and Patents Act 1988 and, so far as is legally possible, any broadly equivalent rights anywhere in the world

Events Beyond the Control of EditFX

EditFX will not be liable for breach of contract where that breach was due to software, hardware or electrical failure, natural events such as fire or other events beyond the control of EditFX

Consequential Loss

Under no circumstances will EditFX be responsible or liable for financial or other loss or damage caused by the failure or use or misuse of its software or when accessing the customers web site.  The Client should ensure that data on their site is regularly backed up and that a contingency plan is in place to minimize possible losses as a result of software failure or site access.

Jurisdiction

This Agreement shall be governed by the laws of United Kingdom (UK) which shall claim venue and jurisdiction for any legal action or claim arising from the contract between EditFX and the Client.  The said contract is void where prohibited by law.

Change of Terms and Conditions

EditFX reserves the right to change the terms & conditions outlined in this document. The customer will be informed of revisions as and when they are issued.