Terms and Conditions
By placing an order with Lunaria Design, you confirm that you are in agreement with and bound by the terms and conditions below.
Definitions
The Client
The company or individual requesting the services of Lunaria Design
Lunaria Design (incorporated in Scotland as Verinote Limited)
Primary designer/site owner & employees or affiliates.
Project Acceptance
At the time of proposal, Lunaria Design will provide the customer with a written estimate or quotation. A copy of the written estimate or quotation is to be signed and dated by the customer to indicate acceptance and should be returned to Lunaria Design. Alternatively, the client may send an official order in reply to the estimate or quotation which binds the client to accept Lunaria Design' terms and conditions. Normally no work on a project will commence until acceptance has been received by Lunaria Design.
Design Charges
Charges for design services to be provided by Lunaria Design, will be set out in the written estimate or quotation that is provided to the customer. At the time of the customer's signed acceptance of this estimate or quotation, indicating acceptance of the Terms & Conditions, a non-refundable deposit of an agreed % of the quoted fee will become immediately due. If a choice of design is presented, only one solution is deemed to be given by Lunaria Design as fulfilling the contract. All other designs remain the property of Lunaria Design, unless agreed in writing that this arrangement has been changed.
Charges for Other Services
Charges for any additional services over and above the estimated design, will become fully payable (100% of the quoted amount) at the time of estimate or quotation acceptance.
Additional Charges
Any additions to the brief will be carried out at the discretion of Lunaria Design and where no charge is made by Lunaria Design for such additions, Lunaria Design 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.
Website Design
Whilst every endeavour will be made to ensure that the website and any scripts or programs are free of errors, Lunaria Design cannot accept responsibility for any losses incurred due to malfunction, the website or any part of it. Any scripts, cgi applications, php scripts, or software (unless specifically agreed) written by Lunaria Design remain the copyright of Lunaria Design and may only be commercially reproduced or resold with the permission of Lunaria Design.
Materials
Lunaria Design 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. The client agrees to make available as soon as is reasonably possible to Lunaria Design all materials required to complete the site to the agreed standard and within the set deadline.
Losses and Disputes with 3rd Parties
Lunaria Design will not be liable for costs incurred, compensation or loss of earnings due to the failure to meet agreed deadlines. Lunaria Design 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. Lunaria Design 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. Lunaria Design 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. 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.
Database, Application and E-Commerce Development
Lunaria Design 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 Lunaria Design remain the copyright of Lunaria Design and may only be commercially reproduced or resold with the permission of Lunaria Design. Where applications or sites are developed on servers not recommended by Lunaria Design, 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 client’s 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 Lunaria Design before being made generally available for use. Where "bugs", errors or other issues are found after the site is live, Lunaria Design will endeavour (but is not obliged to) to correct these issues to meet the standards of function outlined in the brief.
Compatibility
Lunaria Design will endeavour 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. Lunaria Design can offer no guarantees of correct function with all browser software.
Website Hosting
Whilst Lunaria Design recommends hosting companies to host websites, no guarantees can be made as to the availability or interruption of this service by Lunaria Design 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. Lunaria Design reserves 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.
Payment of Accounts
A deposit is required from any new client before any work is carried out. It is the Lunaria Design policy that any outstanding accounts for work carried out by Lunaria Design or its affiliates are required to be paid in full, no later than 30 days from the date of the invoice unless by prior arrangement with Lunaria Design. 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 Lunaria Design has not been contacted regarding the delay, access to the related website may be denied and web pages removed. 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.
