Scalar Enterprises website design terms and conditions
By placing an order with Scalar Enterprises, you confirm that you are in agreement with, and bound by, the terms and conditions below.
The Client : The company or individual requesting the services of Scalar Enterprises.
Scalar Enterprises: Primary designer, developer, employees or affiliates.
Scalar Enterprises will carry out work only where confirmation of an agreement is provided in writing either by email or mail. Scalar Enterprises will carry out work only for clients who are 18 years of age or above. An ‘order’ is deemed to be a written or verbal contract between Scalar Enterprises and the client, this includes telephone and email agreements.
Whilst every endeavour will be made to ensure that the website and any scripts or programs are free of errors, Scalar Enterprises cannot accept responsibility for any losses incurred due to malfunction of the website or any part of it.
The website, graphics and any programming code remain the property of Scalar Enterprises until all outstanding accounts are paid in full.
Any scripts, applications, or other software written by Scalar Enterprises, unless specifically agreed, remain the copyright of Scalar Enterprises and may only be commercially reproduced or resold with the prior permission of Scalar Enterprises.
Scalar Enterprises 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.
Any additions to the original requirement specifications provided or significant modifications will be carried out at the discretion of Scalar Enterprises and we reserve the right to charge an according amount for any further additions or modifications.
The client agrees to make available as soon as is reasonably possible to Scalar Enterprises all materials required to complete the site to the agreed standard and within the set deadline.
Scalar Enterprises will not be liable for costs incurred, compensation or loss of earnings due to the failure to meet agreed deadlines.
Scalar Enterprises 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. e.g. Any disputes re content/images that have been provided to us for inclusion on the site.
Scalar Enterprises 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.
Scalar Enterprises 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.
Scalar Enterprises reserve the right to charge a non-refundable deposit of 50% on all of our projects before any design work will be carried out.
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 a client decides they no longer want the site once they have commissioned the work, they are still obliged to pay for all work that has been done. Non payment will result in legal action being taken if necessary. Once full payment is received for a website, it is assumed that the project has been completed to the clients satisfaction and no refunds can be offered.
Database, Application and E-Commerce Development
Scalar Enterprises cannot take responsibility for any losses incurred by the use of any software created for the client. Whilst every care will be 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, applications or software written by Scalar Enterprises, unless specifically agreed, remain the copyright of Scalar Enterprises and may only be commercially reproduced or resold with the permission of Scalar Enterprises.
Where applications or sites are developed on servers not recommended by Scalar Enterprises, 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 fully representative of the final server environment.
The client is expected to fully test any application or programming relating to a site developed by Scalar Enterprises before it is made generally available for use. Where “bugs”, errors or other issues are found after the site is live, Scalar Enterprises will endeavour, but is not obliged, to correct these issues to meet the standards of function outlined in the agreed requirement specification.
Scalar Enterprises will endeavour to ensure that any developed/designed site or application will function correctly on the server it is initially installed on and that it will function correctly when viewed with the latest versions of web browsing software (e.g. Microsoft Internet Explorer Version (8+) Google Chrome and Mozilla Firefox browsers) on desktop and laptop platforms. Scalar Enterprises can offer no guarantees of correct function with other browser software or platforms unless otherwise agreed in the requirement specification prior to design.
Whilst Scalar Enterprises recommends hosting companies to host websites, no guarantees can be made as to the availability or interruption of these services by Scalar Enterprises and 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.
Scalar Enterprises reserve 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 hosting service should the necessity arise.
Due to external factors, such as changes in the way search engines rank websites, we cannot offer any guarantees regarding the search engine results position we will achieve for websites. The process of optimising websites itself will bring in more traffic and hits and you’ll see visits increase to your site naturally. We cannot accept liability for any change in rankings, or drop off in the position of your website due to changes in the algorithms of the search engines or other factors that they use to rank websites.
We follow industry ‘best practices’ and use ethical, ‘white hat’ techniques when optimising websites and always aim to achieve high ranking for your website within six months of undertaking the optimisation process. Due to the significant amount of work involved, payment is generally required in advance and we are unable to offer a refund of any monies to clients in relation to this type of work.
Scalar Enterprises reserve the right to refuse to handle in any way, material which may be deemed offensive, illegal or in any way controversial.
Payment of Accounts
Scalar Enterprises reserve the right to request a deposit from any new client before any work is carried out. It is Scalar Enterprises policy that any outstanding accounts for work carried out by Scalar Enterprises or its affiliates, are required to be paid in full, no later than 7 days from the date of the invoice unless by prior arrangement with Scalar Enterprises.
Once work is 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 Scalar Enterprises have not been contacted regarding the delay, access to the related website may be denied and the web site 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 process. Where necessary, we may pass such cases to debt recovery agencies and/or the Small Claims Court to pursue payment which can of course result in county court judgments (CCJ’s).
We will exercise our statutory right to claim interest (at 8 per cent over the Bank of England base rate) and compensation for debt recovery costs under the Late Payment legislation if we are not paid according to our agreed credit terms.
We do not share or sell any of your details with third party companies without your express permission and we will only email you or contact you about work related matters.
Anyone who experiences a problem with web services provided by Scalar Enterprises should raise the matter directly by email, giving sufficient information to locate the material concerned and clearly outlining the grounds for complaint.
Scalar Enterprises will approach the individual responsible for the material in question with a view to resolving the matter to the satisfaction of the complainant.
Formal complaints procedure
The formal complaints procedure should only be used where the complainant feels that the nature of the complaint is too serious to be dealt with informally, or where a satisfactory conclusion has not been reached after following the informal procedure. A formal complaint should be made in writing to Scalar Enterprises, who will acknowledge receipt and ensure that the matter is looked into as soon as possible.
An initial response to any complaint can be expected within seven days of its receipt; a full and considered response to the complaint should be completed within 30 days and any subsequent remedy implemented with the minimum of delay.