Terms & Conditions
It is not necessary for any Client to have signed an acceptance of these terms and conditions for them to apply. If a Client accepts a quote then the Client will be deemed to have satisfied themselves as to the terms applying and have accepted these terms and conditions in full.
Please read these terms and conditions carefully. Any purchase or use of our services implies that you have read and accepted our terms and conditions.
Charges for services to be provided Apex Software Solutions are defined in the project quotation that the Client receives via e-mail. Quotations are valid for a period of 14 days unless otherwise stated. Apex Software Solutions reserves the right to alter or decline to provide a quotation after expiry of the 14 days unless otherwise agreed with the client.
Unless agreed otherwise with the Client, all website design services require an advance payment of a minimum of fifty (50) percent of the project quotation total before the work is supplied to the Client for review. The remaining fifty (50) percent of the project quotation total is due upon completion of the work, prior to upload to the server or release of materials.
Payment for services is due by bank transfer, cheque or direct debit. Cheques should be made payable to Apex Software Solutions and sent to 32A Manorbier Crescent, Walton, Liverpool, L9 1HG. Bank details are made available on invoices.
Apex Software Solutions will provide the Client with an opportunity to review the appearance and content of the website during the design phase and once the overall website development is completed. At the completion of the project, such materials will be deemed to be accepted and approved unless the Client notifies Apex Software Solutions otherwise within ten (10) days of the date the materials are made available to the Client.
Turnaround Time and Content Control
Apex Software Solutions will provide the Client with an opportunity to review the appearance and content of the website during the design phase and once the overall website development is completed. At the completion of the project, such materials will be deemed to be accepted and approved unless the Client notifies Apex Software Solutions otherwise within ten (10) days of the date the materials are made available to the Client.Apex Software Solutions will install and publicly post or supply the Client’s website by the date specified in the project proposal, or at date agreed with Client upon Apex Software Solutions receiving initial payment, unless a delay is specifically requested by the Client and agreed by Apex Software Solutions.
In return, the Client agrees to delegate a single individual as a primary contact to aid Apex Software Solutions with progressing the commission in a satisfactory and expedient manner.
During the project, Apex Software Solutions will require the Client to provide necessary website content; text, images, movies and sound files.
Failure to provide required website content
In order to remain efficient we must ensure that work we have programmed is carried out at the scheduled time. On occasions we may have to reject offers for other work and enquiries to ensure that your work is completed at the time arranged.
Unless training is to be provided for content addition, we ask that you provide all the required information in advance. On any occasion where progress cannot be made with your website because we have not been given the required information in the agreed time frame, and we are delayed as result, we reserve the right to impose a surcharge of up to 25%.
If training is to be provided, we will use dummy content and images to populate the website.
NOTE: Text content should be delivered as a Microsoft Word, email (or similar) document with the pages in the supplied document representing the content of the relevant pages on your website. These pages should have the same titles as the agreed website pages.
Using our bespoke admin/content management system you are able to keep your content up to date yourself.
Invoices will be provided by Apex Software Solutions upon completion but before publishing the live website. Invoices are normally sent via email; however, the Client may choose to receive hard copy invoices. Invoices are due upon receipt. Accounts that remain unpaid fourteen (14) days after the date of the invoice will be assessed a service charge in the amount of the higher of one and one-half percent (1.5%) or £30 per month of the total amount due
Client agrees to reimburse Apex Software Solutions for any additional expenses necessary for the completion of the work. Examples would be purchase of special fonts, stock photography etc.
Apex Software Solutions makes every effort to ensure websites are designed to be viewed by the majority of visitors. Web sites are designed to work with the most popular current browsers (e.g. Firefox, Internet Explorer 8 & 9, Google Chrome, etc.). Client agrees that Apex Software Solutions cannot guarantee correct functionality with all browser software across different operating systems.
Apex Software Solutions cannot accept responsibility for web pages which do not display acceptably in new versions of browsers released after the website have been designed and handed over to the Client. As such, Apex Software Solutions reserves the right to quote for any work involved in changing the website design or website code for it to work with updated browser software.
Apex Software Solutions cannot accept responsibility for 3rd party services that change once the website has been designed and signed off by the client. This includes services such as google maps, facebook, twitter, instagram or any third party service that Apex Software Solutions integrate with the website design. As such, Apex Software Solutions reserves the right to quote for any work involved in changing the website design or website code for it to work with updated 3rd party software.
Accounts unpaid fourteen (14) days after the date of invoice will be considered in default. If the Client in default maintains any information or files on Apex Software Solutions’s web space, Apex Software Solutions will, at its discretion, suspend all such material from its web space. Apex Software Solutions is not responsible for any loss of data incurred due to the suspension of the service. Suspension of such material does not relieve the Client of the obligation to pay any outstanding charges assessed to the Client’s account. Cheques returned for insufficient funds will be assessed a return charge of £25 and the Client’s account will immediately be considered to be in default until full payment is received. Clients with accounts in default agree to pay Apex Software Solutions reasonable expenses, including legal fees and costs for collection by third-party agencies, incurred by Apex Software Solutions in enforcing these Terms and Conditions.
Termination of services by the Client must be requested in a written notice and will be effective on receipt of such notice. E-mail or telephone requests for termination of services will not be honored until and unless confirmed in writing. The Client will be invoiced for design work completed to the date of first notice of cancellation for payment in full within fourteen (14) days.
All Apex Software Solutions services may be used for lawful purposes only. You agree to indemnify and hold Apex Software Solutions harmless from any claims resulting from your use of our service that damages you or any other party.
The Client retains the copyright to data, files and graphic logos provided by the Client, and grants Apex Software Solutions the rights to publish and use such material. The Client must obtain permission and rights to use any information or files that are copyrighted by a third party. The Client is further responsible for granting Apex Software Solutions permission and rights for use of the same and agrees to indemnify and hold harmless Apex Software Solutions from any and all claims resulting from the Client’s negligence or inability to obtain proper copyright permissions. A contract for website design and/or placement shall be regarded as a guarantee by the Client to Apex Software Solutions that all such permissions and authorities have been obtained. Evidence of permissions and authorities may be requested.
Standard Media Delivery
Unless otherwise specified in the project quotation, this Agreement assumes that any text will be provided by the Client in electronic format and that all photographs and other graphics will be provided in a suitable digital .gif, .jpg or .png format. Upon request, Apex Software Solutions will return to the Client any images or printed material provided for use in creation of the Client’s web site upon completion
A link to Apex Software Solutions will appear in either small type or by a small graphic at the bottom of the Client’s website. If a graphic is used, it will be designed to fit in with the overall site design. The Client also agrees that the website developed for the Client may be presented in Apex Software Solutions’s portfolio.
If the Client’s website is to be installed on a third-party server, Apex Software Solutions must be granted full read/write access to the necessary storage directories which must be accessible via FTP. Depending on the specific nature of the project, other resources might also need to be configured on the server such as databases or SSH access.
Apex Software Solutions cannot accept responsibility for any alterations caused by a third party occurring to the Client’s pages once installed. Such alterations include, but are not limited to additions, modifications or deletions.
Apex Software Solutions may purchase domain names on behalf of the Client. Payment and renewal of those domain names is automatic and it is the responsibility of the Client to inform Apex Software Solutions or any termination of domain requirements. The loss, cancellation or otherwise of the domain brought about by non or late payment is not the responsibility of Apex Software Solutions. The Client should keep a record of the due dates for payment to ensure that payment is received in good time.
These Terms and Conditions supersede all previous representations, understandings or agreements. The Client’s acceptance of an estimate or payment of an advance fee constitutes agreement to and acceptance of these Terms and Conditions. Payment online is an acceptance of our terms and conditions.
This Agreement shall be governed by English Law.
Apex Software Solutions hereby excludes itself, its Employees and or Agents from all and any liability from:
• Loss or damage caused by any inaccuracy;
• Loss or damage caused by omission;
• Loss or damage caused by delay or error, whether the result of negligence or other cause in the production of the web site;
• Loss or damage to clients’ artwork/photos, supplied for the site. Immaterial whether the loss or damage results from negligence or otherwise.
The entire liability of Apex Software Solutions to the Client in respect of any claim whatsoever or breach of this Agreement, whether or not arising out of negligence, shall be limited to the charges paid for the Services under this Agreement in respect of which the breach has arisen.
Limitation of Damages
Neither party shall be liable to the other for any lost profits, or any indirect, special, incidental, consequential or punitive loss or damage of any kind, or for damages that could have been avoided by the use of reasonable diligence, arising in connection with the agreement, even if the party has been advised or should be aware of the possibiliy of such damages.
In the event any one or more of the provisions of this Agreement shall be held to be invalid, illegal or unenforceable, the remaining provisions of this Agreement shall be unimpaired and the Agreement shall not be void for this reason alone. Such invalid, illegal or unenforceable provision shall be replaced by a mutually acceptable valid, legal and enforceable provision, which comes closest to the intention of the parties underlying the invalid, illegal or unenforceable provision.
Any and all communications shall remain strictly confidential. You may not use, copy or disclose any information or communications, or share it in any way.