Version 2
1st August 2021
These are the default terms of business which apply to any work carried out or services provided by Azzure Creative Limited. The terms below may be overridden by specific agreements on individual projects. General Terms apply to all projects.
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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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 chargeable. 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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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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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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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:
If an issue is reported by email or other system such as a Skype or Teams message 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.
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.
If a fault develops which requires an immediate fix, but does not threaten the business we will begin investigation and remedial work within six hours.
If we define the issue as non-urgent, we will begin investigation and remedial work within 24 hours.
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Web servers go down – it’s a fact of life. If your website appears to be down because of a hosting issue it is likely we already know and are in the process of restoring it. Our hosting partner gives us a 99.9% uptime guarantee but we cannot guarantee that ourselves.
Data to and from websites need to pass through several networks and other devices – all of which are out of our control. If a fault which takes a website down is caused by an external or third-party issue we may be able to diagnose and advise but we must rely on the third party to carry our repairs. Acting as a go-between or diagnosing third-party faults is chargeable.
We add all available security to our hosting. 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. Repairs to 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.
Where sites are not hosted on our servers, the hosts should be contacted in the first instance. It may be possible that we can work with them to solve an issue, however any configuration work or other action is chargeable.
We will email service updates to all hosting clients when necessary using contact details held on the server. By hosting with us you agree to have your email address used in this way.
We operate a “Fair Use” policy for our hosting services to protect you, ourselves and our other clients.
You may not use the Services
These content guidelines apply to any and all services provided by Azzure Creative to You.
We will determine, whether there has been a breach of this acceptable use policy through your use of Azzure Creative’s services. When a breach of this policy has occurred, we may take such action as we deem appropriate in accordance with section 1.1 of this Acceptable Use Policy.
Failure to comply with this Acceptable Use Policy constitutes a material breach of our Terms and Conditions upon which you are permitted to use Azzure Creative Services, and may result in our taking all or any of the following actions:
Web applications or other software are provided as a licensed product. This means we retain the right to use the code we have written in other applications and also that the code provided cannot be re-sold or altered without our permission. However, some or all of these restrictions may be removed by agreement.
We will usually agree the specific terms of the licence as part of the specification.
These terms may be overridden by agreement in our proposal documents, specification documents or our contract.
Yorkshire Purchasing Organisation
Coverworld Steel Roofing and Cladding
Superfast South Yorkshire
Webasto Thermo and Comfort
The Copacetic Gentleman
The Garrison Hotel
Oakworth Homes Timber Housing
Sensoria Festival
Healing Little Hearts
Hybrid3