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Terms & Conditions

The following are terms & conditions for all products or services provided by Neon Storm Ltd to the ‘client’ (defined in the ‘parties’ paragraph):

Parties
This agreement is between the designer (Neon Storm Ltd) and the client (business, company or individual named on ‘business & website overview’ document or invoice). This agreement details the terms and conditions under which all works are produced by the designer following a written or verbal arrangement between the designer and the client. This documented contract governs the business relationship between the designer and the client.

The Agreement
The designer agrees to provide the design, development and maintenance services as specified and provided to the client. The client agrees to be bound by the terms and conditions of this contract. The terms and conditions contained herein are intended to create contractual relations between the designer and the client.

Term & Charging
The parties shall be bound by the terms of this agreement and cost quotation until termination under the termination provisions of this agreement. The client agrees to pay the sums specified within the time period stated in the quote agreement and/or invoice. The client will be liable for all costs incurred in the collection of debts remaining unpaid after the due date of payment.

Confidentiality
The parties agree to keep confidential any information received between them during the term of this agreement.

Retention of Domains & Intellectual Property Rights
The designer retains all domains purchased and intellectual property rights created including design right and copyright, in any material or concept created by the designer, whether represented in the media of on-screen graphics, print, video or otherwise electronic format until payment is made in full by the client. The designer will keep all necessary files relating to the project to enable efficient development of future work as necessary, but will not retain or charge extra for any part of the finished product, where payment has been made. The designer may also make reference to the project for marketing purposes and a client portfolio, including any screenshots, logos, testimonials etc (cost of website and sensitive data will not be required).

Compensation
The client agrees to fully compensate the designer for any unauthorised use of the designers intellectual property by the client or those associated with the client. Such compensation will include an account of profits.

Clients Indemnity to Designer
The client hereby indemnifies the designer against any cause or action brought against the designer or client by any third party as a consequence of the use of any material, design, concept or works created by the designer or with the assistance of the designer. The client agrees to hold harmless the designer in any legal or financial situation that may arise as a result of the final productions usage. The designer cannot be held responsible for user errors, which are only caused by a user’s machine, or by a hosting company on which a web based solution resides. The designer will make every effort to ensure that the solution produed will run error free, but cannot be held responsible for any circumstances beyond the scope of producing the final solution as detailed. Such circumstances include, but are not limited to, server/web hosting errors or performance, email gateway errors, POP3 setup errors, database failure/corruption, lost data, user usage problems due to misuse, incompetence or user computer setup errors.

Termination by the Client
The client is entitled to terminate this agreement upon the giving of (one months) notice in writing to the designer. Upon giving such notice the client will still remain liable to pay the entire sum for invoices due. The client undertakes not to use any material, design or concept created by or with the assistance of the designer unless where the designer has expressly assigned the intellectual property rights in the material, design or concept or otherwise given consent to such use. In the event that the client purports to unilaterally withdraw from this contract the client shall be also be liable at that point for all extra sums due which are not detailed but incurred by the designer during production.

Termination by the Designer
In the event that the client fails to pay any sum as it falls due, the designer shall be entitled to cease work and to demand the return by the client of all material, design or concepts created by or with the assistance of the designer. The client will then be liable for all sums due and all costs incurred by the designer in receiving full payment. In this event the client undertakes not to use any material, design or concept created by or with the assistance of the designer.

Financial & Legal Circumstances
The cost for each production is confirmed providing that it is contained in the document specification related to the production. The designer cannot be held responsible for any financial, legal or copyright issues and the client agrees to hold the designer harmless in any situation that may arise. Invoices paid are non-refundable.

Completion and Delivery
In the event that the designer has completed the work specified and the client has paid all sums due, then the payment relationship between the parties shall be at an end subject. The designer will make every effort to complete the work within a reasonable time period, but cannot be held liable for delays due to technical problems beyond the designers control.

Traffic & Development Specific Terms & Conditions
The following conditions are specific to the ‘Traffic & Development’ package offered by the designer. 1.The website must be built & maintained only by the designer at all times. 2.Only the designer may determin search terms & keywords for the client’s website. 3.Should the client wish to end the Traffic & Development package at any point, the client must inform the designer by email or telephone. 4.Ending the Traffic & Development package will be done by the end of the same day and the client will be charged up to midnight on this day. 5.The designer will aim to upload website changes as soon as possible, and always within 5 days, but cannot be held responsible for excessive delays. 6.If the client’s previous traffic levels are artifically increased, the designer has the right to cancel the Traffic & Development package for that client. 7.The designer cannot be held responsible for reductions in traffic levels for any reason. 8.A request to increase the spending levels will be made at the start of the following month. 9.The designer reserves the right to make alterations to the package at any time.

Governing Law
This agreement is governed by the laws of England and Wales.