Web design terms and conditions

By placing an order with ElggFactory, you confirm that you are in agreement with and bound by the terms and conditions below.

Definitions

The Client : The company or individual requesting the services of ElggFactory.com.

ElggFactory : Primary designer/site owner & employees or affiliates.

General

ElggFactory will carry out work only where an agreement is provided either by email, telephone, mail or fax. ElggFactory 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 ElggFactory and the client, this includes telephone, Skype and email agreements.

Whilst every endeavor will be made to ensure that the website and any scripts or programs are free of errors, ElggFactory cannot accept responsibility for any losses incurred due to malfunction, the website or any part of it.

ElggFactory starts working on a project upon receipt of a full or down payment depending on the agreement.

Delays in project completion may occur when:

  • There is a delay in any payments
  • The client requests further work, including changes in the scope, design, structure, or content of the project
  • The client purchases an additional service related to the project
  • There is a delay in the receipt of any materials from the client

The client agrees to make available as soon as is reasonably possible to ElggFactory all materials required to complete the site to the agreed standard and within the set deadline.

ElggFactory will not be liable for costs incurred, compensation or loss of earnings due to the failure to meet agreed deadlines.

Time frame estimates are approximate only and are subject to change at any time at ElggFactory's discretion.

ElggFactory will under no circumstances be held responsible to satisfy unreasonable expectations or requests that lie beyond the scope of ElggFactory's offer of services to its client. It is ElggFactory's discretion to decide whether or not a request or an expectation is reasonable or lies within the scope of offer of services to its client. In other words, ElggFactory will make all the necessary efforts to satisfy the client within the framework of its original agreement with the client, according to ElggFactory's understanding.

Additional services come at additional fees, based on our hourly rates. The term "update session" means about 2 hours worth of work on an existing website, designed and coded by ElggFactory. It is ElggFactory's whole discretion to judge whether or not a request represents 2 hours worth of work.

ElggFactory 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.

ElggFactory 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.

Any additions to briefs provided will be carried out at the discretion of ElggFactory and where no charge is made by ElggFactory for such additions, ElggFactory accept no responsibility to ensure such additions are error free and reserve the right to charge an according amount for any correction to these or further additions.

Because of the nature of web design and programming work, websites always appear differently on different computers. Screen resolution, operating system, and browsing software are just a few examples of variables that may affect the way a website looks. The client must be aware of these possible variations and ElggFactory will not be held responsible for them.
ElggFactory will endeavor to ensure that any developed/designed site or application will function correctly on the server it is initially installed in and that it will function correctly when viewed with the major web browsing software like Microsoft Internet Explorer Version 8 and to an acceptable level with Mozilla browsers. ElggFactory can offer no guarantees of correct function with all browser software.

Payment Accounts

Once a client of ElggFactory, you authorize ElggFactory to charge the payment method you submitted for all the invoices generated for the services rendered by ElggFactory. In order to change your payment method, simply contact your project manager prior to your payment's due date. All payments are required to be paid in full, no later than 7 days from the date of the invoice unless by prior arrangement with ElggFactory.

If a payment is not processed on time (within 7 days) , a late fee of $15 per day is added to the bill and the project can be put on hold or canceled at ElggFactory's whole discretion. If the project is not canceled, it is ElggFactory's whole discretion to decide when to resume work on the project once the late payment and the late fees are processed.

Once a website has been designed and completed the final balance (if exist) of payment is then due in accordance with our payment terms. There are no exceptions to this, i.e If the client decides they no longer want the site, as they have commissioned the work and paid a deposit they are still obliged to pay for the 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.

The website, graphics and any programming code remain the property of ElggFactory until all outstanding accounts are paid in full.

Any scripts, cgi applications, php scripts, or software (unless specifically agreed) written by ElggFactory remain the copyright of ElggFactory and may only be commercially reproduced or resold with the permission of ElggFactory.

It is important to understand that we cannot make our project resources available to a project indefinitely as we have other obligations. If a project stalls or a client becomes unresponsive for more than 3 weeks, the project will become "inactive" and a reengagement fee of 15% of the total project cost will be assessed upon reinitiating the project. If there is no meaningful activity for 3 months the project may be terminated without refund.

If payment accounts are not settled or ElggFactory have not been contacted regarding the delay, access to the related website may be denied and web pages removed, we will then pass such cases to the Small Claims Court to pursue payment, non payment can result in county court judgements (ccj's) being added to the clients credit rating.

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 procedures, and if necessary court summons.

All payments are final. It is ElggFactory's policy that no refunds will be made.

Submitted Project Materials/Content Copyright

ElggFactory 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.

ElggFactory has no control over any information, materials, or products found thereon. ElggFactory doesn't serve as consultant for its clients, and they are entirely responsible for all that is found in their websites.

ElggFactory 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. eg. Any disputes re content/images that have been provided to us for inclusion on the site.

All prices appearing on this site are subject to change without notice. These prices are solely informative and ElggFactory is not necessarily committed to them for your project. To receive a free quote for your project, please use appropriate link in top menu or contact us to start.

A small sign stating "Website Design by ElggFactory" may be added at the bottom of every web page created (programmed or designed) by ElggFactory. The client may request to remove the sign for an additional fee of 5% of the total price of the services provided to the client in relation to the web page.

ElggFactory may, at his sole discretion, choose to showcase on its website projects the ElggFactory team has worked on, or is working on, including screenshots, a link to the live website, a summary of ElggFactory role in regards to the project, etc. The client must understand and agree that we are in no way committed to displaying, or linking to, their website(s) or online project(s) on our website, but that we may choose to do so, at our sole discretion.

Should you have any questions or concerns about these terms and conditions, please use using our online contact form or send us an email at support@elggfactory.com, giving sufficient information to locate the material (such as an url) and clearly outlining the grounds for complaint.
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ElggFactory will approach the individual responsible for the material in question with a view to resolving the matter to the satisfaction of the complainant.

An initial response to any complaint can be expected within seven days of its receipt.

Thank you for doing business with us! We really appreciate it.