Terms & Conditions

 

Contract of Business

The contract of business between The Customer (You) and the business (Lightning Design Studio) begins once the 1st stage invoice have been paid (This is usually a deposit payment) This agreement sets out the following terms agreed between Lightning Design Studio and the Customer:

Annual Hosting

Domains & Websites

Where applicable (definition: sites and domains hosted by lightningdesignstudio.co.uk) annual hosting charges will apply. Domain hosting can apply to any and all domain names registered on our clients behalf. Lightning Design Studio is able to purchase domains on a clients behalf and the cost will be added to the clients invoice as ‘third-party domain and/or hosting purchase. Domains or websites hosted elsewhere do not incur annual hosting charges from Lightning Design Studio. Domains or websites hosted by a third party to Lightning Design Studio do not qualify for back-ups or updates by Lightning Design Studio.

Website hosting is additional to domain hosting, this charge covers the server space where your website resides.

Non-payment of hosting could result in termination of your contract with Lightning Design Studio. Should your termination occur your site will only be held on our systems for 14 days, after which it will be permanently deleted. Subject to all hosting charges being up to date, clients can apply to have their website ‘zipped-up’ and supplied to them at any point during their contract with Lightning Design Studio

1. Services

1.1 Lightning Design Studio agrees to supply to The Customer and The Customer agrees to purchase from Lightning Design Studio, the services set out within the estimate or quote supplied.

1.2 Email, Mailboxes and Device Setup

Lightning Design Studio offer on-site setup of email accounts for The Customer’s devices (i.e. on smartphones, tablets, laptops, PC’s or macs). Lightning Design Studio will not hold client’s user account information and will arrange a consultation either in person or by telephone to set up these services. Lightning Design Studio can also provide you with the name and contact details for affiliated IT support companies who can assist in setup of email accounts on your hardware devices, including cloud support and other features.

2. Commencement

2.1 This agreement commences with effect from the date of execution of this agreement by The Customer, subject always to the acknowledgement by the Customer that Lightning Design Studio’s obligation to commence provision of the services specified ,commences only upon confirmation of acceptance of the terms and conditions of this agreement and upon receipt and clearance of the non-refundable 50% deposit.

3. Payment Terms

3.1 The Customer agrees to pay Lightning Design Studio the charges set out within Appendix 2

Appendix 2

Costs and charges will be set out after an initial design consultation has taken place and a quotation detailing charges for all chosen services and a total cost has been itemised and sent to The Customer via email. Lightning Design Studio will request 50% deposit only when The Customer responds with an instruction to proceed.

3.2 The Customer agrees to pay a 50% non-refundable deposit of order value upon execution of this agreement. The customer agrees to pay the final 50% of the agreed charges upon completion of the service prior to the site going live/site modification and the issue of permanent user names and passwords for the content management system enabling content population.

3.3 Lightning Design Studio reserves the right to charge a reasonable administration fee in the event that any payment made by The Customer is not honoured by The Customer’s bank or building society or in the event of a late payment by The Customer of any sums due pursuant to this agreement. The same criteria apply for 50% deposits. 3.4 Lightning Design Studio may charge interest on the late payment at a rate of 5% above the base rate of NatWest Business Banking for the period from the date on which payment was due until the date on which cleared payment is received by Lightning Design Studio. Please not that regular missed payments to Lightning Design Studio may result in your services being suspended or even terminated.

4. Transfer

4.1 In the event that The Customer instructs Lightning Design Studio to transfer the site to another hosting company, The Customer agrees to make payment to Lightning Design Studio of Lightning Design Studio’s standard transfer fee. (This fee may vary depending on current rates, call Lightning Design Studio to enquire about the fee) This payment is to be made in cleared funds before the transfer is to be allocated by Lightning Design Studio.

5 Customer Obligations

5.1 the Customer agrees that:

1. All the information provided to Lightning Design Studio in connection with The Customer’s business or proposed website content is accurate and is not in any way misleading or offensive.

2. That Lightning Design Studio may make such information provided by The Customer, available to the public in whatever manner or whatever form considered appropriate by Lightning Design Studio.

3. The Customer’s business practices do not infringe any law, regulation or rights of any person.

4. The Customer will be courteous in all dealings with Lightning Design Studio or persons appointed by Lightning Design Studio.

5. The Customer will make all payments due to Lightning Design Studio on the due date.

6. Domain Names

6.1 It is agreed by the parties that Lightning Design Studio take over The Customer’s domain name/names to deal with invoicing/renewal. Provided that all accounts with Lightning Design Studio are settled the domain name/names remain The Customer’s property. In the event that The Customer retains its own domain name/names then The Customer acknowledges complete responsibility for payment and renewal arrangements.

7. Termination

7.1 Lightning Design Studio may terminate this agreement with immediate effect by written notice if The Customer:

1. Commits material breach of this agreement and fails to remedy the same within 30 days of request by Lightning Design Studio.

2. Owes outstanding payments dues to Lightning Design Studio.

3. Becomes bankrupt or insolvent or enters into any arrangement with its creditors.

7.2 The right to terminate this agreement will be without prejudice to any right or remedy of Lightning Design Studio in respect of the breach concerned, if any, or any other breach.

8. Consequences of termination

8.1 In the event of the termination of this agreement on account of the reasons set out within clause 7.1 Lightning Design Studio is under no obligation to release the site or products or the sites domain name to The Customer until full payment of outstanding liabilities has been made.

8.2 In the event of termination of this agreement in accordance with clause 7 above, Lightning Design Studio is entitled to take down the website and charge The Customer an administration fee for reinstatement upon settlement of the outstanding liabilities by The Customer.

8.3 In the event of termination of this agreement on account of clause 7 above, Lightning Design Studio is entitled to terminate all services to The Customer, irrespective of continued payment of hosting fees.

9. Indemnity & Liability

9.1 The Customer agrees to indemnify Lightning Design Studio against claims, losses, costs, demands, liabilities and damages (including without limitation consequential losses, loss of profit and all interest and legal and other professional costs and expenses) arising out of any claim resulting from the publishing of material. (i.e. imagery and textual content) on The Customer’s website at The Customer’s request or through the publishing of any information by any third party.

9.2 Lightning Design Studio will not be liable to make any payment to The Customer for any delay or failure to meet Lightning Design Studio’s obligations under this agreement. In the event that the delay or failure results from events beyond Lightning Design Studio’s reasonable control. This includes (but is not limited to) events that are within control of third parties, such as computers, telecommunications, electrical and internet service providers.

9.3 Lightning Design Studio’s total liability to The Customer for any reason is limited to the total amount paid by The Customer to Lightning Design Studio pursuant to this agreement. Lightning Design Studio does not accept liability for any compensation for loss of business or profits or any other indirect loss.

9.4 It is acknowledged by The Customer that any timescales agreed for the provision of services are estimates only and time shall not be of the essence in this contract

9.5 Lightning Design Studio is not liable to return any artwork or other material provided by The Customer for the purpose of providing services to The Customer.

9.6 Lightning Design Studio does not accept responsibility for the truth or otherwise of any statement made on The Customer’s website nor does Lightning Design Studio accept any liability for any hurt or offence caused to any person or company by any statement or opinion expressed on the website nor accept liability for any damages for defamation, loss of reputation or loss of business whether perceived or real caused by any statement made on such website.

9.7 Lightning Design Studio cannot be held responsible for any losses arising howsoever by reason of any website user republishing or distributing information from The Customer’s website and also Lightning Design Studio cannot be held responsible for any infringement of copyrighter other intellectual property right caused by publishing material on to The Customer’s website and insofar as any such claim arises The Customer hereby indemnifies Lightning Design Studio against all losses, liabilities, costs and expenses so arising.

9.8 Lightning Design Studio accepts no liability for temporary suspension of service due to circumstances beyond our control such as (but not limited to) loss of internet service, suspension or failure of hosting services provided by any hosting company employed by Lightning Design Studio at any time., or loss of or failure of any telecommunications services wherever this may occur.

9.9 Where ‘Full Administration’ is requested and granted Lightning Design Studio accepts NO responsibility for any accidental loss of data, site down time, or repairs of any kind, Lightning Design Studio reserves the right to invoice any works relating to reinstating the website to it’s previous status. All works will be charged at our standard hourly rate, plus VAT. Reinstatement can only be carried out up to 14 days prior to the incident.

9.10 In the event of client mismanagement requiring website (and/or database) restoration from back-ups, Lightning Design Studio reserve the right to charge £50 plus VAT for this process. Please note: Daily back-ups are kept for 14 days. Any data required outside of this period would be lost.

10. Disclaimers

10.1 The Customer’s website and its contents may incorporate links to the websites and services of third parties. Such links are provided for the web-user’s convenience only and their provision does not constitute an authorisation by Lightning Design Studio to access such third-party websites nor an endorsement of the content of such third-party websites by Lightning Design Studio. Please note: Lightning Design Studio is not responsible for any content or features of third-party websites and accept not liability for any adverse effects on The Customer’s business.

10.2 Lightning Design Studio reserves the right to render The Customer’s website unavailable from time to time for maintenance either on a scheduled or unscheduled basis.

10.3 Lightning Design Studio reserve the right to alter the delivery date of any product or service due to extenuating circumstances.

10.3.1 Delays to delivery date may include, but is not limited to:

• Equipment failure

• Loss of power

• Illness (Personal or Family)

• Emergencies

10.3.2 In the event a delay, The Customer will be notified at the earliest possibility and kept informed at all stages, with a new delivery date given when possible.

10.3.2 Any delays in project delivery that are a result of unforeseen circumstances will not incur any additional charges,

10.3.4 Failure on part of The Customer to deliver content on agreed upon dates, thus causing the delivery to be delayed will incur additional charges as per the payment agreement. (see Section 3)

11. Confidentiality

11. The parties agree to keep the existence and content of this agreement confidential and no to disclose any information relating to this agreement to the other party and not to disclose such information to any third party.

12. Intellectual Property

12.1 The Customer acknowledges that the intellectual property of the website belongs to Lightning Design Studio at all times.

12.2 The Customer acknowledges that the intellectual property referred to within clause 12.1 above includes the source code and functionality of the website and further acknowledges that Lightning Design Studio has the right to encrypt the intellectual property.

12.3 The ownership of the content and copyright of the website is transferred to The Customer from Lightning Design Studio upon payment of the final sum due upon completion of the service, subject always to clauses 12.1 and 12.2 above.

13 Trademarks

13.1 Trade names and logos identifying The Customer’s website and Lightning Design Studio and it’s products and services are proprietary marks of Lightning Design Studio and nothing in this agreement shall confer on The Customer or any other third party any licence to use any such mark or any other intellectual property right of Lightning Design Studio,

14. Assignment

14.1 Lightning Design Studio reserves the right to assign its interest in this agreement.

14.2 This agreement shall not be assigned by The Customer without prior written consent of Lightning Design Studio.

15. Variation

15.1 This agreement may only be varied provided that any such variation is agreed by both parties and recorded in writing by them.

16. Nature of Complete Agreement

16.1 This agreement represents the entire understanding of the parties relating to all matters referred to herein, and supersedes all other understandings, written or oral, relating thereto.

17. Governing Law

17.1 this agreement shall be governed by and construed in accordance with the laws of England and Wales and any disputes arising here from shall be exclusively subject to the jurisdiction of the Courts of England and Wales.

 

Your statutory rights are not affected.