From time to time these terms and conditions may be reviewed and amended. An up-to-date copy of our terms and conditions may be found on the Adept website (www.adeptdesign.co.uk).
General
These terms and conditions regulate the relationship between the customer (“the Customer”) and Adept Design (Norfolk) Limited (“Adept”) and apply to the all services offered by Adept (“the Service”).
Additional terms and conditions apply to supplementary services and will be provided on request:
Billing and Payment
All prices are quoted in Great British Pounds and all payments shall be made in Great British Pounds. This agreement is subject to the jurisdiction of English law.
All prices exclude VAT unless otherwise specified. VAT will be charged at the prevailing rate when an invoice is raised by Adept to the Customer.
Adept will raise invoices to the Customer at regular intervals through the project, with a final invoice upon completion of work by Adept. Payment of invoices is required within 30 days.
Once work has been commissioned, any time spent working on the project by Adept will be recorded. Should the project be cancelled before completion, any work already completed will be invoiced for at our standard hourly rates. Any deposits paid to Adept in advance are non-refundable.
What’s not included
Goods and services other than those specifically listed on a quotation will be charged as additional expenses to the project. These include but may not be limited to: writing and editing of text, stock photography fees, music and video licensing fees, purchase of special typefaces, printing costs, website hosting, domain names and software licensing fees.
Meetings at the Customer’s premises are only included if stated in the quotation. Additional meetings held at the Customer’s choice of location will be at extra cost, which is dependent on location, duration and staff attendance. Reasonable meetings held at Adept’s chosen premises are at no additional cost.
If the scope of a project changes from the initial quotation, additional charges will apply.
Supply, Proofing and Signoff
Final checking and signoff on all work completed by Adept will be the responsibility of the Customer. Whilst Adept takes efforts to ensure that no mistakes are present, Adept can make no guarantees.
Proofs for print jobs will be presented via Adobe PDF or as 4 colour process laser proofs. Digital jobs will be presented in a suitable digital format such as a browser based visual.
Authors Corrections
All materials provided to Adept by the Customer should be in their final form. Changes necessitated by the Customer’s revisions or additions following approval at any stage will be billed additionally at our standard hourly rate.
Supply of text and images
All text and images should be supplied in a suitable digital format. It is the Customer’s responsibility to ensure that all images supplied are of a suitable resolution for the required use. Text should be provided in a format compatible with Microsoft Word.
All content supplied in hard copy or incompatible formats will be subject to additional charges for typing, scanning or converting.
Final content should be supplied to Adept before work is carried out to avoid additional costs being incurred for replacing content at a later date.
Stock Library Images and Photo Selection
Where stock library images are purchased on behalf of the Customer by Adept, the cost of these images plus an administration charge will be passed on to the Customer. Each stock library image will be subject to additional terms and conditions. Some stock library images will be licensed only for the original use, and would require additional licensing in order to be used for other projects.
Depending on the individual image’s license it may be possible for Adept to supply the Customer with the image for other uses, however this may not always be the case.
Some stock library images carry additional licensing requirements, such as the requirement to display a credit alongside the image. The Customer will be informed where this is the case.
Model Releases
Any image which depicts another person requires their permission to use the photo. Any photo provided by Adept will have the necessary permissions/model release in place. If an image is provided by the Customer, it is their responsibility to ensure any necessary permissions are obtained.
Copyright
All materials provided by the Customer to Adept for the purposes of providing the Service will remain the copyright of the Customer where the Customer already owns such rights. The Customer is responsible for ensuring necessary permissions/licenses have been obtained for the use of any materials provided to Adept.
All materials produced by Adept will remain the copyright of Adept unless a separate agreement is reached regarding the transfer of intellectual property rights. The Customer will have permission to use these materials provided solely in the agreed capacity upon payment being made in full to Adept.
The Customer does not have permission to copy, resell or redistribute the materials produced by Adept without the express and written permission of Adept.
Adept may use elements from the Customer’s project in its own promotional materials without restriction or permission. Adept may also use materials from the project as originally delivered for before/after representations.
Rush work
Adept’s ability to meet deadlines is based upon the Customer’s provision of all necessary information and approvals in a timely manner. Fees quoted are based on work performed during the course of regular working hours. Our office hours are Monday to Friday, 9am to 5.30pm, excluding UK public holidays and a period of closure over Christmas. Overtime, evening, rush, holiday and weekend work necessitated by the Customer’s directive is billed at 1.5 times the standard hourly rate on which all pre-quoted projects are based.
Validity Period
All quotations shall be valid for 30 days. After this time fees and schedules may be subject to change. Proposals approved and signed by the Customer within the validity period are binding and quotations will be honoured subject to the defined scope of the project and the provisions within these terms and conditions.
Archiving
Within two weeks of a project being completed and invoiced, Adept will archive all digital files related to the project for a period of three years. Within 30 days of the files being archived, they will further be archived to a secure, offline, off-site location.
Files may be kept in the archive for more than three years, however after this time Adept make no guarantees of their availability. Files may be taken out of the archive, and supplied to the Customer for a fee. As some files may only be stored off-site Adept may require a minimum of 48 hours, Monday to Friday to retrieve the files.
Adept is not responsible for digital files becoming unreadable due to hardware or software changes. Files will be provided in the format created/supplied by Adept. If it is necessary for Adept to perform any additional restoration or conversion work further fees will be charged.
Supply of artwork
Where file sizes allow, Adept will supply artwork or print ready files by email or other electronic transfer methods such as FTP.
When file sizes exceed 100mb Adept will normally supply files on CD/DVD by post, as it is more economical and reliable. This will take longer to receive the files as Adept are limited by the Royal Mail collection and delivery schedule so please give as much notice as possible.
If it is necessary for Adept to retrieve the Customer’s files from an archive in order to supply artwork due to delays in the Customer’s request for the artwork there will be additional charges.
Data protection and confidentiality
Adept will take all necessary precautions to ensure that data provided by the Customer is stored securely whilst in its care. This includes ensuring physical and digital security is in place for all data stored on our premises and at other locations.
All data belonging to the Customer whether of a confidential nature or not will be treated as such. Express permission will be required from the Customer before any information will be released to a third party.
Website Design and Development
Browser Compatibility
Adept will attempt to test the Customer’s website (during development) to ensure it functions correctly in a wide range of current web browsers on a range of different computers and devices. Any problems highlighted whilst the project is on-going will be corrected where possible.
Browsers with limited market share, including old versions of such browsers will not be tested unless specifically agreed in advance with the Customer. The list of supported browsers will be determined by Adept based on regularly updated internal policies. There may be additional fees for testing and support of specific browsers at the Customer’s request.
Changes to Content and Functionality
Any time spent by Adept facilitating changes to the Customer’s websites content or functionality after it has been launched/completed will be subject to additional charges.
Adept are not responsible for the on-going maintenance of the Customer’s website. Where a Content Management System has been made available to the Customer, there may be some elements of the website that are fixed and not editable by the Customer. If the Customer requests Adept to make changes to such content/elements, standard hourly rates will apply for all work completed.
Warranty
Adept will make use of technologies that are stable and unlikely to change. Adept will provide a standard warranty and technical updates for bespoke developments for a period of 1 year after the launch date of the Customer’s website.
An extended warranty may be offered by Adept at additional cost.
The warranty provided by Adept will cover technical faults with the Customer’s website, missing functionality that was part of the original quotation, browser compatibility issues and security related issues.
The warranty does not cover malfunctions due to server changes where Adept are not providing the hosting service, additional functionality outside the scope of the original specification/quotation, changes to website content or problems related to the Customer’s computer or communications systems.
Additional/Commercial Software
Where additional software is provided by Adept, the Customer is granted a non-exclusive license to use the software for its intended purpose on their website. Any additional/commercial software will be subject to the supplier’s own terms and conditions and fees may apply.
SmartWeb Content Management System/SmartMail Email Campaign Management System
The SmartWeb and SmartMail systems are provided to the Customer by Adept for the management of their websites and email campaigns. SmartWeb and SmartMail are commercial software, that has been licensed by Adept for the Customer’s use.
The source code of these systems is subject to additional copyrights, and may not be altered under any circumstances without written permission.
SmartWeb has been designed to run on a standard Linux hosting package, however certain facilities may only be available while a hosting contract is maintained with Adept. Unless otherwise agreed in writing, Adept will only provide technical support and updates to the SmartWeb Content Management System while the client has an on-going hosting/support contract with Adept.
Disclaimer
Adept will not be responsible for any damages the Customer’s business may suffer, and offer no warranty beyond that specified. Adept disclaim any warranty or merchantability or fitness for a particular purpose, including loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by Adept and its employees.
15 White Hart Street, Aylsham, Norwich, Norfolk NR11 6HG