Terms of Business

These are the default terms of business which apply to any work carried out by Azzure Creative Limited. The terms below may be overridden by specific agreements on individual projects. General Terms apply to all projects.

 

General Terms

Any estimates, proposals or quotations expire after 30 days. Projects which do not begin within this time may have to be re-assessed.

Images or examples of any work produced may be used in our own marketing and publicity material at any time in the future unless the client has specifically requested we do not. We may also add a credit or link to our website in the footer of any website, brochure or standalone image.

Where a set of design options is provided, we retain the right to use all rejected or otherwise unused designs in other work in the future.

The client agrees to indemnify Azzure Creative Limited (and keep us indemnified) as well as holding us harmless from and against any claims, actions, proceedings, losses, liabilities, damages or expenses incurred in relation to any work or service we have provided. We are not liable for any loss that may occur before, during development or after a project’s completion. We will not be held responsible for any delays, errors or losses arising from the actions of any third party.

Our payment terms are fourteen days unless otherwise agreed. Late payment will delay handover of work and may incur extra charges. Additionally, any copyright or licence transfer will not take place until full payment has been made, which means late payment for items which are being used by the client is also a breach of copyright. Where a payment plan has been agreed, “full payment” is only achieved when the final payment has been made.

The client agrees to report any defects or problems in relation to work and services provided within 30 days of the final invoice date. We will not be liable for any claims made after this period and remedial work will be chargeable unless a support contract has been agreed.
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Standard Website Terms

To avoid duplication of work, design visuals will be provided for all page types and other important items, but not every page will be visualised.

Designs are to be signed off before build begins. Changes to the design after this point will be chargeable, may affect build costs and will affect completion deadlines.

Where we are not providing content, all content supplied by the client should be legally cleared. Therefore all copy should have been written by the client or purchased from a third party. All images, sound and video should have been purchased or created by the client. We are not responsible for any copyright or other legal issues arising from content supplied by the client.

Content not supplied by the client at the agreed time will affect completion deadlines.

Where we are providing integration with the client’s own systems or services, it is necessary that these components are functioning and available to us before project work begins. We take no responsibility for delays in development or errors in our work which have been caused by external systems.

Signoffs or other communication not provided by the client at the agreed time will affect completion deadlines.

Websites are produced to work with the latest browsers from Microsoft, Apple, Google and Mozilla. We do not cater for browsers more than two versions below the latest version. We cannot cater for users changing their default browser settings which includes (but is not limited to) using private / “Incognito” browsing, using adblockers, deactivating JavaScript or overriding display sizes.

Sites will be tested on the above browsers on desktop systems and also on Safari, Chrome and Firefox on iOS devices as well as Chrome and Samsung Internet browsers on Android devices.

Full user testing is an extra service. If this has not been ordered it is assumed that the site has been fully tested by the client prior to signoff.

Final payment is required upon delivery of a working site.

In-progress sites are hosted on our development server without cost during the development process. Delays in launch to sites which have been completed but not launched may incur hosting charges for the space they are using on our development server.

Any agreed warranty period begins after a working website is delivered. Issues arising after the warranty has expired will be dealt with but will be charegeable. Issues will be worked on out of warranty if they were reported within the warranty period.

The client will have access to all final files which make up the website, on full payment. No working or interim development files will be supplied unless requested. There will be a charge to retrieve and transfer these files due to their size and the work involved in collecting and preparing them for use.

All work remains the intellectual property of Azzure Creative Limited until full payment is received.

Examples of websites created for clients will be used in Azzure Creative’s marketing and publicity. We will place a small credit in the footer of the client’s site which links to ours in a new browser tab or window.

These terms may be overridden by agreement in our proposal documents, specification documents or our contract.
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“White Label” Website Work

In this case “The Client” refers to the party who is purchasing our services. The “End Client” refers to the party who is purchasing the services from the Client (the client’s client).

Unless otherwise agreed we have no part in the marketing, communication, client management or billing of the end client.

All of our agreements are with the client only.

We will use whatever email address and method of contact the client thinks is appropriate for the project, be it direct contact with the end client or via the client.

The end client is to be managed by the client.

The client should already have obtained an order for work from the end client and agreed their own terms.

All of our agreements regarding work and payment are with the client. Clients’ agreements with the end client or any changes to those agreements do not affect agreements made by us.

Changes to the scope of the project after work has commenced will be chargeable to the client and will affect deadlines. It is up to the client to communicate or negotiate any extra costs or deadline changes with the end client.

Our terms of business are between us and the client. The client’s terms agreed with the end client (or changes to them during the project) do not affect terms between us and the client.

Our payment does not depend on the end client’s payment to the client. Issues with payment from the end client do not affect any payments to us.

All other Standard Website terms apply; however we will not use a white label site in our marketing or add a credit to us on the site.
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Standard Graphic Design Terms

Designs are to be signed off before print or any other production begins. Changes to the design after this point will require new artwork, will be chargeable and will affect completion deadlines.

Where we are not providing content, all content supplied by the client should be legally cleared. Therefore all copy should have been written by the client or purchased from a third party. All images should have been purchased or created by the client. We are not responsible for any copyright or other legal issues arising from content supplied by the client.

Content not supplied by the client at the agreed time will affect completion deadlines.

Images supplied at a quality unsuitable for print will be rejected. If no replacement image is provided, the client must sign a disclaimer stating they are happy with a sub-standard result when printed.

Signoffs or other communication not provided by the client at the agreed time will affect completion deadlines.

Final payment is required before print or production begins.

Proofs will be provided as PDF files. Colours vary from screen to screen and system to system. Therefore we cannot guarantee colour matching. Printed proofs are available at extra cost. However no proof is 100% accurate.

The same colour can appear differently when printed on different materials or has a different finish such as a laminate applied over it. Therefore we cannot guarantee print jobs to have consistent colour across all media. A printer’s press proof can determine any colour issues in the most accurate way. However these are often time consuming and expensive (often requiring a visit to the printer by the client). Clients should balance the cost of press proofing with the cost of the job and likelihood that any colour differences will be noticed.

The client will have access to the final artwork file(s) on full payment. No working or interim files will be supplied unless requested. There will be a charge to retrieve and transfer these files due to their nature, size and the work involved in collecting and preparing them for use.

All work remains the intellectual property of Azzure Creative Limited until full payment is received.

Design projects may be used in Azzure Creative’s marketing and publicity.

These terms may be overridden by agreement in our proposal documents, specification documents or our contract.
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Website and Web Application Support

A website or web application is a complex piece of technology needing constant care and monitoring. We strongly suggest to all of our clients that they use our support services to avoid the possibility of any issues affecting their business.

The title “Websites and Web Applications” covers simple websites, content-managed websites, ecommerce websites and web portals.

Website and web application support is the ongoing service which begins after launch and uses the following default terms:

  • Help and advice in the the use of the websites, content management system and any other functions for the members of staff who we originally trained. We do provide extra training to new members of staff but not as part of the support package.
  • Issues which require client visits or other travel can incur travel, accommodation and subsistence costs.
  • Any issues caused by problems with the database, PHP, JavaScript, HTML or CSS by us will be remedied without charge.
  • Any issues caused by software updates are not covered unless previously agreed. This includes updates to users’ browsers and operating systems as well as any software, languages or frameworks the site or application relies upon.
  • Any issues caused by the client performing additions or updates to the system without our involvement are not covered and resolutions will be chargeable.
  • Any issues caused by client error are not covered and resolutions will be chargeable.
  • Any issues caused by connected or third-party systems which integrate with the site or application are ot covered. Diagnosis and resolution will be chargeable.
  • We will add all available security to the website or application. It is up to the client to maintain security measures such as regular password changes and internal data protection policies to reduce the chance of any breach or attack.  Any malicious damage (e.g. hacks, spam attacks) is not covered by our support as we cannot realistically predict the actions of third parties or their intentions.

If an issue is reported by email or other system such as Skype or Teams we will answer within 24 hours.

If an issue is reported by telephone we will respond immediately.

Our response to a support request will involve investigation and us giving the request a grade: Critical, Urgent, Non-urgent. It may not be possible to give a grade or timescale for completion of support work until an investigation has taken place. If we judge a support request to be out of the scope of our support for the project we will inform you of costs before beginning work.

Critical

If a website is down or an application is not functioning such that business cannot be continued we will begin investigation and remedial work within two hours.

Urgent

If a fault develops which requires an immediate fix, but does not threaten the business we will begin invstigation and remedial work within six hours.

Non-urgent

If we define the issue as non-urgent, we will begin investigation and remedial work within 24 hours.

These terms may be overridden by agreement in our proposal documents, specification documents or our contract.

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Yorkshire Purchasing Organisation

Coverworld Steel Roofing and Cladding

Superfast South Yorkshire

Webasto Thermo and Comfort

The Copacetic Gentleman

Mayfield Motor Company

Mobility House

The Garrison Hotel

Oakworth Homes Timber Housing