1. DEFINITIONS

The following terms and conditions document is a legal agreement between SonSian hereafter “SonSian” and “The client” for the purposes of web site design or development. These Terms and Conditions set forth the provisions under which the client may use the services supplied.

SonSian is an Internet web solutions provider offering the the client graphical design, HTML, CSS, Javascript and other related computer programming languages and IT related services.

2. ACCEPTANCE OF WORK

Quotations are valid for 14 days from the date of issue.

SonSian will carry out work only where 50% of the overall cost has been paid by the the client for the work, unless otherwise agreed at SonSian’s discretion.

When the client places an order to purchase a web site or web site updates from SonSian, the order represents an offer to SonSian to purchase the web site or web site updates which is accepted by SonSian only.

SonSian is liable to withdraw from a contract at any time "prior to acceptance!"

Additional work requested by the client which is not specified in the agreed quotation is subject to an additional quotation by SonSian on receipt of a requirements specification. If the work is needed as part of an existing project, then this may the effect timescale and overall delivery time of the project.

The client agrees to provide any additional information and content required by SonSian in good time to enable SonSian to complete a design or web site work as part of an agreed project.

Any work/consultations is subject to a minimum charge of £45.

3. PERMISSION AND COPYRIGHT

All pages, images, text and code on SonSian's web site at http://www.sonsian.com/ is copyrighted material.

The client and any visitors to the SonSian web site at http://www.sonsian.com/ may not use any of the pages, images, text or code on the web site for use on the client's or visitors own web site or to create a web site, templates or Actinic templates without prior written permission from SonSian.

Copyright of the completed web designs, images, pages, code and source files created by SonSian for the project shall be with the client upon final payment only by.  Without agreement, ownership of designs and all code remains with SonSian.

These terms of use grant a non-exclusive limited license so that the the client can use the design on one web site on one domain name only.  The client is not permitted to use a design for more than one website without prior written agreement between the client and SonSian.

The client agrees that resale or distribution of the completed files is forbidden unless prior written agreement is made between the client and SonSian.

The client hereby agrees that all media and content made available to SonSian for use in the project are either owned by the the client or used with full permission of the original authors.  The client agrees to hold harmless, protect and defend SonSian from any claim or suit that may arise as a result of using the supplied media and content.

The client agrees that SonSian may include development credits and links within any code SonSian designs, builds or amends. If SonSian designs a web site for a client then the client agrees that SonSian may include a development credit and link displayed on the clients web site.

If SonSian builds or amends a web site for a client then the client agrees that SonSian may include a development credit and link displayed on the clients web page, which may be within the code but not displayed on a web browser if requested by the client. The client agrees that SonSian may include development credits and links on the templates SonSian offers for sale on the web site at http://www.sonsian.com

The client agrees that SonSian reserves the right to include any work done for the the client in a portfolio of work.

4. MATERIAL

SonSian reserves the right to refuse to handle:
a) Any media which is unlawful or inappropriate;
b) Any media which contains a virus or hostile program;
c) Any media which constitutes harassment, racism, violence, obscenity, harmful intent or spamming
d) Any media which constitutes a criminal offence, infringes privacy or copyright.

5. DOMAIN NAMES AND HOSTING

SonSian can at it's own discretion, but is not obliged to, offer domain name registration and hosting via a third party service.

The client agrees that registration of a domain name does not provide endorsement of the right to use the name. The client is responsible for ensuring they have due title to the domain name. SonSian holds no liability and the the client hereby agrees to indemnify and hold harmless SonSian from any claim resulting from the the client's registration of a domain name.

The domain name is registered in the the client's own name, address and contact details. The client should be aware that a domain name is registered with a third party and as such the client shall agree to fully abide by the terms and conditions set out by the third party for such services.

The client agrees to take all legal responsibility for use of third party domain name and hosting services and supplies truthful details to the third party services.

The client agrees that information submitted for registration of Domain names is then available the general public via the Nominet Whois system. However, the clients that are using their web site for non-trading purposes may ask the third party registrar for their contact information not to be included in the Nominet Whois system.

The client is liable to pay SonSian for any domain name registrations and the initial set up of the hosting if included as part of the web site build. (This cost is included in most web packages that SonSian offers)

Any support relating to the domain name, hosting and email services are to be made between the client and the third party service.

Any other domain name and hosting services or costs not included by SonSian, including, but not limited to, further domain name registration fees, domain name transfer charges, yearly domain name renewals, hosting charges, yearly hosting renewals, hosting upgrade, extra disk space, bandwidth and any other related or hidden charges are to be paid by the client to the third party services, however SonSian will so this on your behalf for a small charge.

The client agrees to pay the domain and hosting fees as soon as required by the third party. Any modifications needed to the domain name or hosting services are to be made between the client and third party service.

The client agrees that if at any time their contact details including email address change, it is their responsibility to contact the third party and update their contact details. Failure to do so may mean that renewal invoices for the domain and hosting services are not received by the client.

Payment for domain and hosting services are to be made immediately on receipt of invoice from the third party service. Failure to comply with the payment terms may result in the clients domain name becoming available to another party and/or the web site and email services becoming unavailable.

The client agrees to pass on FTP details and any other access details relating to their domain name and hosting account which  SonSian requires to upload the web site if required as part of a project.

SonSian reserves the right without notice to cancel, reject or refuse work with domain names or hosting services without reason for such rejection or refusal.

The client agrees to be liable for their use of the domain name, hosting and email services with the third party and hereby agrees to indemnify and hold harmless SonSian from any claim resulting from the client's publication of material and use of the domain name, hosting and email services.

The client agrees to take full responsibility for all usage of the domain name, hosting and email services and to fully abide by the terms and conditions set out by the third party for such services.

6. CUSTOM WEB DESIGN PACKAGE

For web site graphic designs as part of the "Custom web design package" offered on the web site at http://www.SonSian.com/, SonSian will design a layout of the site based on specifications made by the client in the order form and as agreed by SonSian.

All pages of the site will use the same design layout which will surround the centre content to the top, left, right and bottom of the page. SonSian reserves the right to quote separately for any additional different design layouts to surround the centre content to the top, left, right and bottom of any page. If the client chooses to use imagery in the design they may provide 2-4 images of their choosing to SonSian for use in the design layout, or SonSian can use 2-4 generic stock images. If the client has a logo they can provide it to SonSian for use in the design layout, or SonSian will create a simple web site logo. SonSian will make available to the client a watermarked version of the design layout for approval.

It is important that the client communicates information to SonSian to achieve the required result. The client agrees that they are permitted up to 3 hours of alterations to the layout. All alterations are to be requested in writing either by email or postal mail by the client. After the 3 hours of alterations have been completed, SonSian reserves the right to advise the client that the 3 hour duration has been fulfilled.  For additional worktime, a separate quotation to the client and to request payment for any further alterations. We will provide an exstensive breakdown of worktime for the clients perusal.

SonSian reserves the right to request payment be received for further alterations before continuing work. Upon completion of agreed design the client is asked to confirm in writing by email or postal mail that the design and the screen size is signed off as complete and agree that any further design alterations are chargeable.

For web site build coding as part of the "Custom web design package" offered on the web site at http://www.sonSian.com/, SonSian will build the site based on the specifications in the original quotation. The client is to provide the digital content for each page of upto 4 images per page and text of upto 1000 words per page. SonSian reserves the right to charge an additional cost for typing out hard copy or scanning content or photographs for image creation. Once the site is built, The client agrees that they are permitted upto 3 hours of alterations to images and text content in the centre area of the pages, not including the agreed design layout template which surrounds the centre content to the top, left, right and bottom of the page, the logo or navigational areas of the page.

All alterations are to be requested in writing either by email or postal mail by the client. After the 3 hours of alterations have been completed, SonSian reserves the right to advise the client of such and send a separate quotation to the client and to request payment for any further alterations. SonSian reserves the right to request payment be received for further alterations before continuing work.

7. PROJECTS

The client agrees that a HTML page built from a graphic design may not exactly match the original design because of the difference between the display in design software and the rendering of HTML code by internet browser software. SonSian agrees to try and match the design as closely as is possible when building the code.

During a website project it is important that the client communicates information to SonSian to achieve the required result.

If the client requests design or content alterations to pages that have already been completed, new pages or different functionality other than that specified in the original quotation, SonSian reserves the right to quote separately for these alterations. Examples of alterations include, but are not limited to:

1.   Altering the design layout template which surrounds the centre content to the top, left, right and bottom of the page

2.   Altering the logo

3.   Altering layers, tables, data, graphics, images and text

4.   Addition of a new table or layer to redesign the whole or part of a page

5.   Altering colours and font styles

6.   Changing the widths and heights of objects on the page

7.   Altering the design and structure of navigational menus, links, buttons

8.   Altering or adding new functionality to the page, navigation, Javascripts etc

SonSian endeavours to create pages that can be crawled by search engine spiders. However, SonSian gives no guarantee that the site will become listed with search engines. This is often achieved through various methods such as page layout, content and cross linking with other web sites. The client may wish to enquire about specialist web marketing, which we provide as an alternative service

If an error or issue with the design or code arises during the project which does not allow the design or code to match the original specification, then The client agrees that SonSian can apply a nearest available alternative solution.

SonSian at all times applies reasonable skill and care in provision of services.

On request, SonSian can create a copy of the web site on one CD to be posted to the client on project completion.

Once the project is completed, SonSian will upload the web site to the client's live web address if included as part of a project.

After site completion, the client or a third party of their choosing may wish to edit their web site code themselves to make updates. However, the client agrees that in so doing they assume full responsibility for any issues which occur as a result of changing the code themselves. If the client or a third party of their choosing edits the web site code and this results in functionality errors or the page displaying incorrectly, then SonSian reserves the right to quote for work to repair the web site.

SonSian reserves the right to assign subcontractors in whole or as part of a project if needed.

SonSian will keep a copy of the site and design source files when a web site project is being worked on. However, the client agrees that it is their responsibility to have regular backups made by themselves or the third party hosting services in case of a software or hardware failure at the third party hosting servers.  Once we have completed the work for you, your data is your responsibility.  We will not retain your source files after project completion unless requested to do so.  Project retention will require a data storage surcharge.

All communications between SonSian and the client shall be by telephone, email, or postal mail, except where agreed at SonSian's discretion.

8. ACCESSIBILITY & WEB STANDARDS

SonSian tests sites and templates to ensure they comply with W3C CSS standards as they are at time of sale. Should updated W3C CSS guidelines be introduced after the site or templates were sold to the The client, SonSian reserves the right to quote separately for any additional work needed. If The client uses SonSian's Actinic templates along with other Actinic templates and CSS stylesheets which are not built by SonSian, the overall page may not meet W3C CSS standards.

SonSian tests sites and templates to ensure they comply with W3C HTML standards as they are at time of sale. Should updated W3C HTML guidelines be introduced after the site or templates were sold to the The client, SonSian reserves the right to quote separately for any additional work needed. For Actinic templates, Actinic software needs to have Actinic specific coding tags within the templates for the site to work and these Actinic code tags do not comply with W3C HTML standards as they are not recognised, however this does not affect site functionality or display. If The client uses SonSian's Actinic templates along with other Actinic templates which are not built by SonSian, the templates not built by SonSian may not meet W3C HTML standards.

SonSian 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. New layouts are tested with older browsers to ensure as much compatibility as possible. The client agrees that SonSian cannot guarantee correct functionality with all browser software across different operating systems.

The client 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, SonSian 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.

The client agrees that more advanced applications on a web site page may require a newer browser version or Plugin.

9.  PAYMENT TERMS

Prices are subject to change without notice.

For any work SonSian requires a payment to be received in advance (50%) for the work being carried out and before handover of files, except where agreed at SonSian's own discretion.

The client chooses either to pay the full cost in one payment or split the cost into 2 payments to be agreed with the SonSian. Should the cost be split into 2 payments then the first half of the payment is to be received before work commences and the second payment to be received when requested by SonSian half-way through the project before commencement of further work.

Once the final payment has been received and the work finished, the files will be handed over to the The client or uploaded if included as part of a project.

All prices are exempt of VAT.

Once an invoice is sent to the client it must either be paid either by cheque made payable to "SonSian" or postal order and sent with proof of posting to the SonSian's main postal address, or paid online via Paypal/Google secure online payment using a major credit card.

All invoices must be paid in full within 7 days of the invoice date, except where agreed at SonSian's own discretion.

SonSian reserves the right to decline further work on a project if there are invoices outstanding with the client.

The client may request that the SonSian cancel a project in writing by email or postal mail to SonSian and the project is cancelled only if SonSian confirms work has not been started on the project.  If SonSian has begun or completed the work and the client no longer requires the files but have agreed to the work, they are still obliged to pay SonSian for the work that has been carried out. 

All invoices are submitted by email except where required otherwise by regulations or agreed at SonSian's discretion.

SonSian reserves the right to remove it's work for the client, from the Internet if payments are not received.

10. LIABILITY AND WARRANTY DISCLAIMER

SonSian provides their web site and the contents thereof on an "as is" basis and makes no warranties with regard to the site and it's contents, or fitness of services offered for a particular purpose. SonSian cannot guarantee the functionality or operations of their web site or that it will be uninterrupted or error free, nor does it warrant that the contents are current, accurate or complete.

The client agrees SonSian is not liable for any bugs, performance issues or failure of Joomla software as Joomla is provided by Joomla Software Ltd which is a separate open source organisation. Any bugs, performance issues or failure with the software will be directed to the Joomla community for resolution.

SonSian endeavours to provide a web site within given delivery timescales to the best of it's ability. However, the The client agrees that SonSian is not liable for any claims, losses, costs incurred or compensation due to any failure to carry out services within a given delivery timescale.

The client agrees SonSian is not liable for absence of service as a result of illness or holiday time. SonSian has a third party associate who may be able to take on work should there be the need to.

The client agrees SonSian is not liable for any failure to carry out services for reasons beyond it's control including but not limited to acts of God, telecommunication problems, software failure, hardware failure, third party interference, Government, emergency on major scale or any social disturbance of extreme nature such as industrial strike, riot, terrorism and war or any act or omission of any third party services.

SonSian is not liable for any consequences or financial losses such as, but not limited to, loss of business, profit, revenue, contract, data or potential savings, relating to services provided.

On handover of files from SonSian to The client, the The client shall assume entire responsibility in ensuring that all files are functioning correctly before use.

Whilst every effort is made to make sure files are error free, SonSian cannot guarantee that the display or functionality of the web design or the web site will be uninterrupted or error free. If after the handover of files, errors are found in the code that SonSian has created and the main browsers Internet Explorer and Mozilla Firefox, domain name setup and hosting setup are the same as when work began, then SonSian can correct these errors for the client free of charge.

If after handover of files errors are found in code that SonSian has created and the main browsers Internet Explorer and Mozilla Firefox have released an updated software version, or the domain name setup or hosting setup has been changed, SonSian can correct errors for the client free of charge and reserves the right to quote separately for any additional work needed as a result of changes to the browser software, domain name setup or hosting setup.

Should the client goes into compulsory or involuntary liquidation or cannot pay its debts in the normal course of business, SonSian reserves the right to cancel forthwith any projects and invoice the client for any work completed.

SonSian shall have no liability to the client or any third parties for any damages, including but not limited to, claims, losses, lost profits, lost savings, or other incidental, consequential, or special damages arising out of the operation of or inability to operate these web pages or web site, even if SonSian has been advised of the possibility of such damages.

There are sometimes laws and taxes which affect Internet ecommerce. The client agrees that it is their responsibility to comply with such laws and will hold harmless, protect, and defend SonSian and its subcontractors from any claim, suit, penalty, tax, or tariff arising from the client’s exercise of Internet ecommerce.

SonSian may from time to time recommend to the client that updates are needed to their site to comply with, including but not limited to, new legislations, software releases and web standards. SonSian reserves the right to quote for any updates as separate work. The client agrees SonSian is not liable for any failure to inform or impliment these updates to their site. The client agrees that it shall defend, indemnify, save and hold SonSian harmless from any and all demands, liabilities, costs, losses and claims arising from omission to inform or impliment these updates.

11. INDEMNIFICATION 

The client agrees to use all SonSian services and facilities at their own risk and agree to defend, indemnify, save and hold SonSian harmless from any and all demands, liabilities, costs, losses and claims including but not limited to attorney’s fees against SonSian or it's associates that may arise directly or indirectly from any service provided or agreed to be provided or any product or service sold by the The client or its third parties. The client agrees this indemnification extends to all aspects of the project, including but not limited to web site content and choice of domain name.

The client also agrees to defend, indemnify and hold harmless SonSian against any liabilities arising out of injury to person or property caused by any service provided or agreed to be provided or any product or service sold by the The client or third parties, including but not limited to, infringement of copyright, infringement of proprietary rights, misinformation, delivery of defective products or services which is harmful to any person, business, company or organisation.

12. NON-DISCLOSURE

SonSian and any third party associates agrees that, except if directed by the client, it will not at any time during or after the term of this agreement disclose any confidential information. Likewise, the client agrees that it will not convey any confidential information about SonSian to another party.

13. .PRIVACY POLICY

SonSian and any third party associates shall use information provided by the client in relation to this agreement in accordance with the Data Protection Act 1998 and also for the following purposes 1) to identify the The client in communications with them 2) to contact the The client from time to time to offer them services or products which may be of interest to or benefit the The client.

14. INTERPRETATION

SonSian reserves the right to terminate a project with the client at any time without prior notification if it finds the client in breach of these terms and conditions. SonSian shall be the sole arbiter in deciding what constitutes a breach. No refunds are given in such a situation.

This agreement shall be governed by the laws of England and Wales which shall claim venue and jurisdiction for any legal motion or claim arising from this agreement. This agreement is void where prohibited by law.

Where one or more terms of this contract are held to be void or unenforceable for whatever reason, any other terms of the contract not so held will remain valid and enforceable at law.

Any and all matters pursuant to this agreement are governed by English Law and are under exclusive jurisdiction of the English Courts.

SonSian reserves the right to alter these Terms and Conditions at any time without prior notice.  By accepting a quotation or making a payment of invoice to use the services supplied, the client acknowledges to have read, understand, and accept the Terms and Conditions of this Agreement, and agrees to be legally binding by these Terms and Conditions.