Sunwest Solutions shall charge for work at prices stated on our hourly rate, current at time of order, unless agreed otherwise in writing before the work starts. All prices quoted are assumed to be exclusive of materials, delivery charges.
Sunwest Solutions will quote prices and estimate delivery times for any job upon request.
a) Quotes and delivery estimates are provided subject to sight of final brief.
b) Customers are urged to check specifications and conditions in any quote. All additional work, requested outside of the original brief and provided quote, shall be chargeable at our standard hourly rate, unless otherwise agreed in writing.
c) Quotes are checked for accuracy. However, Sunwest Solutions reserves the right to decline work if an error occurred in the quote.
d) A copy of the Acceptance of Quotation (if provided) must be returned signed and dated before the commencement of any work can begin. This will be accepted as indication that these terms & conditions have been read and agreed to.
The customer shall pay invoices for work ordered within 30 days from the date of invoice. Sunwest Solutions reserves the right to charge interest on all overdue sums (including interest charges for late payment) at the rate of 2.5% per month, payable on demand.
4. Verbal Instructions
The customer is urged to issue all instructions in writing and to confirm telephone instructions by email/fax. Sunwest Solutions will use its best endeavours to follow instructions given verbally, but shall except no responsibility or liability for work carried out on this basis.
Sunwest Solutions will not be liable for any costs incurred, compensation or loss of earnings due to material or information received late from the client or suppliers. Sunwest Solutions reserves the right to charge extra for work which, as a result of being supplied late, must be executed more quickly than originally agreed.
If work is delayed or cancelled without prior arrangement, by more than seven days due to customer approvals, material supplied late, or for any reason that is beyond the control of Sunwest Solutions, Sunwest Solutions shall be entitled to payment for all work already carried out, whether or not completed or delivered.
Sunwest Solutions liability to the customer for any damage or expense caused by a failure to discover any defect/error in the work or supplied items, shall be limited to a sum equal to the amount Sunwest Solutions charges for those items or work effected. Sunwest Solutions cannot be held liable for any errors, failures, defects, or delays in the work caused by the supply of unsuitable specifications, instructions or material supplied by the client.
a) All copy/content supplied by the client is received as final copy and is assumed to have been fully proof read, grammatically accurate and spell checked. All text generated by Sunwest Solutions will be provided to the client for approval. Once Sunwest Solutions receives sign-off from the client, it is assumed all copy and content is fully approved and proof read by the client.
b) Sunwest Solutions is not liable for any copyright infringements of imagery supplied by the client. Imagery supplied by the client for use in any project is assumed that copyrights or permissions are assigned to them to use such imagery.
7. Force Majeure
Sunwest Solutions shall have no responsibility to the customer in the event of any failure, delay or default due in whole or part to:-
a) Circumstances beyond the control of Sunwest Solutions.
b) Fire, power failure, mechanical or software failure, media storage corruption and unavoidable shortage of materials.
c) Industrial disputes or third party actions.
Until work carried out by Sunwest Solutions is paid for in full, including interest for late payment, legal and beneficial ownership shall remain with Sunwest Solutions, and the customer shall hold the work on a fiduciary basis. Notwithstanding the above, the customer may sell on the work in normal course of business, in which case Sunwest Solutions ownership shall attach to the proceeds of the sale.
9. Intellectual Property
Any creative elements in Sunwest Solutions work are supplied only as a limited license for use to the extent specified in (or that could be assumed from) the original order. Sunwest Solutions shall retain full legal and beneficial ownership of such creative work and no additional or subsequent use or commercial exploitation may be made without Sunwest Solutions expressed permission in writing.
10. Indemnity & Libel/Obscenity
The customer shall fully and effectively indemnify Sunwest Solutions against all costs, expenses, damages and losses in connection with any third party proceedings with respect of goods produced, worked on or work carried out by Sunwest Solutions, including claims and proceedings relating to copyright, trademarks, patents, industrial property, libel and obscenity.
11. Customer Default
If the customer shall be in default, or if Sunwest Solutions has reason to believe that the customer will be unable or unwilling to discharge its obligations, then Sunwest Solutions may cease work without any liability and give notice to the customer that payment for anything supplied under the contract between the two parties is due and payable immediately. Without prejudice to other remedies, Sunwest Solutions shall in respect of all unpaid debts due from the customer have a general lien on all goods and property in its possession, and shall be entitled to dispose of such goods or property as it thinks fit in order to apply the proceeds towards such debts.
Outside of our core services Sunwest Solutions may subcontract work to a third-party, but Sunwest Solutions shall remain liable to the client for this work. We add a discretionary mark-up/handling charge at industry standard rates unless agreed otherwise in writing with the client prior to commencement of this work.
13. Divisibility of Contract
All contracts between Sunwest Solutions and its clients are divisible. Each delivery made (i) shall be deemed to arise from a separate contract, and (ii) shall at Sunwest Solutions discretion be invoiced separately.
14. Different Conditions
These conditions override any differing conditions which may appear on the customer’s order, and may be modified only with the written consent of Sunwest Solutions.
15. Governing Law
The resolution of any dispute shall be governed by the Laws of England.
16. Publicity Rights
Sunwest Solutions are entitled to claim authorship for designs/products reproduced wholly or substantially to its design. The customer agrees to give us credit where appropriate in all press, publicity and online material. Sunwest Solutions appreciate the opportunity to see such material before publication. We reserve the right to use our commissioned design work in self-promotional literature, advertising and websites.
Sunwest Solutions cannot be held liable for final printed items that do not match original inkjet/laser/screen visuals presented in the design process. Due to different printing processes/methods/stock, and digital display differences, final printed colours will vary.
Sunwest Solutions accepts no responsibility for items printed from artwork supplied without a proof being supplied for approval.
Sunwest Solutions shall sub-contract all print orders. Likeness in colours may vary on print runs and on reprints using the same colour. We are not liable for colour variations that are beyond our control. Printed colours vary between spot colours and 4 colour process (CMYK), and between lithographic and digital printing, etc.
19. Acceptance of Printed Work
The customer shall inspect all work immediately on receipt, and give notice of any alleged defects in writing to Sunwest Solutions within three working days of delivery. Failing such notice, the work shall be deemed to have been acceptable and therefore will be liable for payment.
20. Website Development
The client agrees to approve a site map and make available all content required for a working website to be developed. All content received prior to building a working website will be considered approved and final. Any changes to a site map or page content after approval may incur additional costs.
Unless an additional quote is requested, further developments instructed after a website has been initially completed and/or presented will incur additional costs based on the quoted hourly rate, unless otherwise agreed.
21. Website Liability
Sunwest Solutions will endeavour to ensure that the website and any scripts or programs are free of errors, however we cannot accept responsibility for any issues which arise with third party applications, scripts, hosting or compatibility issues, and shall not be liable to any losses, breaches of security, or items outside of our control.
a) Any updates made to a website that was not produced by Sunwest Solutions are not the responsibility of Sunwest Solutions. If any such updates result in errors, failures, down-time, or security breaches, any requests to rectify the problem(s) will incur a nominal fee to complete.
b) Sunwest Solutions will not be liable for costs incurred, compensation or loss of earnings due to the failure to meet agreed deadlines as a result of a clients failure to provide all required items within agreed time frames or as a result of factors beyond Sunwest Solutions control.
c) Sunwest Solutions will not be liable or become involved in any disputes between the site owner and their clients, customers or visitors, and cannot be held responsible for any wrongdoing on the part of a site owner. (i.e.; items related to copyright, security or ownership).
d) Sunwest Solutions 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.
e) Sunwest Solutions reserves the right to charge the client to upgrade a website to meet browser/device technological enhancements, should the website not display or function correctly when such updates are released and at the client’s request.
22. Website Copyright
The website, graphics, generated content (text and photography) and any programming code remain the property of Sunwest Solutions until all outstanding accounts are paid in full. We reserve the right to withhold and remove content until payment is received or agreed upon.
a) Any front-end and back-end scripts, databases, applications, or software that is created by Sunwest Solutions remain the copyright of Sunwest Solutions and may not be commercially reproduced or resold without the permission of Sunwest Solutions (unless otherwise agreed in writing). Any such acts of plagiarism will be considered theft and be liable for prosecution.
b) Sunwest Solutions takes no responsibility for any copyright infringements caused by material supplied or requested by the client, or used by the client in the future, on their website. We reserve the right to refuse any material of a copyrighted nature unless adequate proof is given of permission to use such material (though it is not the responsibility of Sunwest Solutions to check the validity of copyright on such items).
c) Any photography created by Sunwest Solutions, or supplied from our archive, is issued on a limited licence to the client (unless otherwise agreed in writing). Supplied photos may not be reproduced by the client without written authorisation from Sunwest Solutions, and we reserve the right to re-licence the image at an additional cost for each usage. Any acts of copyright infringement will be considered theft and be liable for prosecution.
23. Website Backups
Sunwest Solutions are not responsible for archival backups of any live website, but may keep a record of the website at time of completion and any updated files completed by Sunwest Solutions (excluding database content). It is the responsibility of the client to arrange or discuss with their host suitable backup systems of a live website or database.
24. Hosting & Domain Names
Sunwest Solutions will outline details of hosting server requirements when a full understanding of the project has been established.
a) Sunwest Solutions can arrange hosting or recommend suitable hosting companies to host websites. Sunwest Solutions are not a hosting provider or domain name registrar, and if we are asked to arrange for a suitable hosting account we shall find and arrange a third-party for this. Sunwest Solutions can offer no guarantees on hosting arranged for the client, its availability or is liable for any loss of service – though we shall endeavour to communicate with the host or registrar should any issues arise.
b) Unless Sunwest Solutions has arranged or recommended a suitable host server, the client is expected to provide or seek any information, additional software, support or co-operation pertaining to the server requirements in order for the website to operate correctly. Sunwest Solutions will not be liable for any delays in launching a website due to the client host server not meeting the outlined requirements set out on the brief.
c) If Sunwest Solutions are asked to manage the hosting and/or domain registration, we shall pay for the service renewals 1 month prior to expiry on an annual basis (‘.co.uk’ domain names are renewed bi-annually) and invoice the client plus an administration fee. Domain names and hosting registered by Sunwest Solutions will be owned by Sunwest Solutions and licensed to the client.
d) If the client wishes to terminate the hosting or domain registration we require at least 1 month written notice prior to expiry. There is no refund offered if the termination is requested at any point through the paid period of registration, though the client can request for the domain name(s) to be re-pointed to a different host server.
e) If the client wishes to transfer the domain from an account created by Sunwest Solutions, they will be liable for any transfer costs imposed by the third-parties used. Sunwest Solutions may also charge and administrative to complete such action.
25. Website Testing
The client is expected to fully test a completed website prior to it being made generally available for use and provide written approval for the website to be made ‘live’. If any ‘bugs’, errors or other issues are found prior to the site going live, Sunwest Solutions will endeavour to correct these issues to meet the standards of function outlined in the brief – though any content provided by the client, such as text and calculations, are assumed to be final and are not checked by Sunwest Solutions for spelling or accuracy unless otherwise agreed.
Any problems which arise to a ‘live’ website, which are found to also be present on the approved preview site, may be subject to a fee to amend/correct.
26. Website Compatibility
Sunwest Solutions will endeavour to ensure that any developed/designed site will operate correctly on the server it is initially installed in and that it will function correctly when viewed with the web browsing software considered currently available at the time of completion. Sunwest Solutions does not develop websites to be compatible with older browsers that are deemed ‘obsolete’ unless briefed to do so. Sunwest Solutions can offer no guarantees of correct function with all browser software on all devices, or that it will be compatible with future browsing technology – though we do test a number of the most popular browsers/devices at the time of completion.
In general, a website will be designed for optimum use on a desktop/laptop browser, with considerations for ‘popular’ screen resolutions. Sunwest Solutions will only develop multiple versions of a website (or a fully responsive layout) for compatibility with small screen devices (such as smart phones) or ‘mobile browsers’ only if briefed to do so.
27. Website Refusals & Termination
Sunwest Solutions 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 any web hosting service we provide for clients should the necessity arise.
28. Website SEO & Search Engine Ranking
Sunwest Solutions will endeavour to develop each website and page with a focus on maximising search engine optimisation (SEO) for assumed and relevant keywords, but Sunwest Solutions cannot offer any guarantees regarding the position your website ranking in any search engine following the completion, upload and (if necessary) registration of your site.
a) Though Sunwest Solutions undertake several experienced techniques which does aid in the performance your website SEO, due to external factors and potential changes to search engine algorithms we cannot accept liability for your position within a search engine directory or fluctuations in this position.
b) Sunwest Solutions does not undertake techniques which are considered ‘illegal’ by any major search engine, as this risks your website being removed from the search engine directory. Sunwest Solutions shall not be liable for any third party development to include such techniques and the consequences incurred.