The following Terms and Conditions of Service apply to all products and services provided by Veucom Ltd (Veucom) and the Veucom Partnership (C A Barber and J R Barber T/A Veucom).
GENERAL
All work is carried out by Veucom on the understanding that the client has agreed to Veucom’s terms and conditions.
Project acceptance
At the time of proposal, Veucom will provide the client with a written estimate or quotation.
The client may send an official purchase order in reply to the estimate or quotation, or an email acknowledging acceptance of the quotation, which binds the client to accept Veucom’s terms and conditions.
No work on a project will commence until acceptance of the quotation has been received by Veucom together with a 25% deposit.
Payment
Unless otherwise agreed in writing by Veucom, a deposit of 25% is required with any standard project before any design work will be carried out. This figure is non-refundable. (A deposit is required from any new client before any work is carried out.) It is Veucom’s policy that any outstanding accounts for work carried out by Veucom or its affiliates are required to be paid in full, no later than 30 days from the date of the invoice unless by prior arrangement with Veucom.
Once a deposit is paid work will commence. Two further interim payments of 25% will be invoiced at 30 and 60 days respectively with the final 25% or full balance due on completion of the project.
Client Retained Service Contracts will run for a minimum period as stated in the Retained Service Contract. A monthly fee relating to the hours of work as agreed per month is invoiced at the commencement of the project and then again on the same date of each calendar month and is due for payment within 30 days.
Veucom reserves the right to consider an account to be in default in the event of a returned cheque or failed bank transfer.
Default
An account shall be considered default if it remains unpaid post the 30 days from the date of invoice, or following a returned cheque or failed bank transfer.
Veucom shall be considered entitled to remove Veucom’s and/or the client’s material from any and all computer systems, until the amount due has been fully paid.
This includes any and all unpaid monies due for services, including, but not limited to, website hosting, domain registration, search engine submission, design and maintenance, sub-contractors, printers, photographers and libraries.
Removal of such materials does not relieve the client of its obligation to pay the due amount. Clients whose accounts become default agree to pay Veucom reasonable legal expenses and third party collection agency fees in the enforcement of these terms and conditions.
Copyrights and Trademarks
Copyright is retained by Veucom on all creative design work including campaign advertising slogans, pictures, ideas, visuals and illustrations unless specifically released in writing and after all costs have been settled.
If a choice of design is presented, only one solution is deemed to be given by Veucom. All other designs remain the property of Veucom, unless agreed in writing that this arrangement has been changed.
By supplying text, images and other data to Veucom for inclusion in the client’s website or other medium, the client declares that it holds the appropriate copyright and/or trademark permissions. The ownership of such materials will remain with the client, or rightful copyright or trademark owner.
Any designs, artwork, images, or text supplied and/or designed by Veucom on behalf of the client, will remain the property of Veucom and/or its suppliers in accordance with the Copyright, Designs and Patents Act 1988.
The client may request in writing from Veucom the necessary permission to use materials (for which Veucom holds the copyright) in forms other than for which it was originally supplied, and Veucom may, at its discretion, grant this. Such permission must be obtained in writing before it will allow any of the aforesaid artwork, images, text, or other data to be used.
By supplying images, text, or any other data to Veucom, the client grants Veucom permission to use this material freely in the pursuit of the design.
Should Veucom or the client supply an image, text, audio clip or any other file for use in a website, multimedia presentation, print item, exhibition, advertisement or any other medium believing it to be copyright and royalty free, which subsequently emerges to have such copyright or royalty usage limitations, the client will agree to allow Veucom to remove and/or replace the file.
The client agrees to fully indemnify and hold Veucom free from harm in any and all claims resulting from the client in not having obtained all the required copyright, and/or any other necessary permissions.
Alterations
The client agrees that changes required over and above the estimated work or required to be carried out after acceptance of the draft design will be liable to a separate charge. The client also agrees that Veucom holds no responsibility for any amendments made by any third party before or after a design is published.
Licensing
Any design, copywriting, drawing, idea or code created for the client by Veucom, or any of its contractors, is licensed for use by the client on a one-time only basis and may not be modified, re-used, or re-distributed in any way or form without the express written consent of Veucom and any of its relevant sub-contractors.
All design work – where there is a risk that another party make a claim – should be registered by the client with the appropriate authorities prior to publishing or first use or searches and legal advice sought as to its use.
Veucom will not be held responsible for any and all damages resulting from such claims. Veucom is not responsible for any loss, or consequential loss, non-delivery of products or services, of whatever cause. The client agrees not to hold Veucom responsible for any such loss or damage. Any claim against Veucom shall be limited to the relevant fee(s) paid by the client.
Rights of refusal
Veucom will not include in its designs, any text, images or other data which it deems to be immoral, offensive, obscene or illegal. All advertising material must conform to all standards laid down by all relevant advertising standards authorities. Veucom also reserves the right to refuse to include submitted material without giving reason.
In the situation where any images and/or data that Veucom does include in all good faith, and subsequently discovers is in contravention to such terms and conditions, the client is obliged to allow Veucom to remove the contravention without hindrance, or penalty. Veucom is to be held in no way responsible for any such data being included.
Cancellation
Cancellation of orders may be made initially by telephone contact or e-mail, however, following this, Veucom will need formal notification in writing to the company’s postal address.
The client will then be invoiced for all work completed over and above the non-refundable deposit that will have been made at the time of first ordering. The balance of monies due must be paid within 30 days. Please note: any cancellation which is not formally confirmed in writing and received by Veucom within 14 days of such instruction being issued, will be liable for the full quoted cost of the project.
Project duration
Any indication given by Veucom of a project’s duration is to be considered by the client to be an estimate. Veucom cannot be held responsible for any project over-runs, whatever the cause. Estimated project duration should be deemed to be from the date that cleared funds are received by Veucom for the initial payment or by date confirmed in writing by Veucom.
Disclaimer
Veucom makes no warranties of any kind, express or implied, for any and all products and/or services that it supplies. Veucom will not be held responsible for any and all damages resulting from products and/or services it supplies.
Veucom is not responsible for any loss, or consequential loss of data, or non-delivery of products or services, of whatever cause. While we take reasonable steps to investigate the materials we recommend, we accept no responsibility for the performance or quality of materials or any consequential loss arising from their failure.
The client agrees not to hold Veucom responsible for any such loss or damage. Any claim against Veucom shall be limited to the relevant fee(s) paid by the client.
Veucom reserves the right to use the services of sub-contractors, agents and suppliers and any work, content, services and usage is bound by their terms and conditions. Veucom will not knowingly perform any actions to contravene these and the client also agrees to be so bound.
Veucom and its clients agree to comply with printers’ terms and conditions which include disclaimers for non-completion on time and the flexibility to supply quantities within 10% of the total ordered. Veucom recommend that if an exact quantity is required, then 10% extra is added to the quantity and extra time made available should the job be delayed.
Acceptance of Terms and Conditions and Quotation
The placement of an order for design and/or any other services offered by Veucom, by email, verbally or in writing, is deemed to be acceptance of these terms and conditions, which are freely available online at www.veucom.com.
An estimate validated by confirmation of approval to proceed with the project by the client by e-mail or in writing constitutes acceptance of the estimate or quotation and agreement to comply fully with all the terms and conditions and forms a Contract for Business between the signatory and Veucom.
Veucom reserves the right to change any rates and any of the Terms and Conditions at any time and without prior notice.
CREATIVE DESIGN SERVICES
Charges for creative design services to be provided by Veucom will be set out in the written estimate or quotation that is provided to the client.
Charges for creative design work do not cover the release of copyright design files including indd, psd, ai, png, eps, jpg or any other source files; if the client requires these files they will be subject to a separate quotation or ‘buy-out’ charge.
Publication and/or release of work produced by Veucom on behalf of the client may not take place before cleared funds have been received.
All design work will be proofed by the client and written approval given before Veucom will release it for publication or print. Whilst all efforts will be made by Veucom to ensure the accuracy of work, no liability can be accepted by Veucom for errors not highlighted by the client prior to written approval for publication or print.
Data formats
The client agrees to Veucom’s definition of acceptable means of supplying data to the company.
Text is to be supplied to Veucom in electronic format as standard text (.txt), MS Word (.doc or .docx) on CD-ROM, USB Memory Stick, or via Email or FTP.
Images which are supplied in an electronic format are to be provided in a format as prescribed by Veucom via CD-ROM, Email or FTP. Images must be of a quality suitable for use without any subsequent image processing, and Veucom will not be held responsible for any image quality which the client later deems to be unacceptable.
Veucom cannot be held responsible for the quality of any images which the client wishes to be scanned from printed materials. Additional expenses may be incurred for any necessary action, including, but not limited to, photography and art direction, photography searches, media conversion, digital image processing, or data entry services, colour correction and alteration of images.
WEBSITE DESIGN AND DEVELOPMENT
Veucom require that a visual template and site structure is approved by the client before coding of a site commences. Once the template(s) for the website are approved by the client, coding will commence; any changes to navigation items, colours, structure or content which require changes to the template will incur an additional charge.
Once a website design is complete, Veucom will provide the client with the opportunity to review the resulting work. Veucom will make one set of minor changes at no extra cost within 14 days of the start of the review period.
Minor changes include small textual changes and small adjustments to placement of items on the page. It does not include changes to images, colour schemes, functionality or any navigation features. Any minor changes can be notified to Veucom by e-mail.
Veucom will consider that the client has accepted the original draft, if no notification of changes is received in writing from the client, within 14 days of the start of the review period.
Rights of access for website construction
The client agrees to allow Veucom all necessary access to computer systems and other locations, as required, in order to complete a website project and until all due funds are cleared, including the necessary read/write permissions, usernames and passwords.
The client also agrees to allow Veucom access to any computer systems, usernames and passwords required to remove data and/or sites for failure to comply with these Terms and Conditions.
The client agrees to supply Veucom with all necessary materials, electronic, or otherwise, required to create and complete the project, and to supply them in a timely manner.
Hosting websites
Veucom offers hosting services through out-sourced hosting server companies. Veucom does not guarantee continuous service and will accept no liability for loss of service, whatever the cause.
Veucom may request that clients change the type of hosting account used if that account is deemed by Veucom to be unacceptable because of poor service, lack of bandwidth or in any other way insufficient to support the website.
Fees for hosting on Veucom’s out-sourced hosting servers are due at the commencement of any period of service and are non-refundable. Fees due to third party hosting organisations are the responsibility of the client and Veucom is not liable for their payment, nor for the renewal of domain names, which are the sole responsibility of the client/domain owner.
Domain registration
Veucom cannot guarantee the availability of any domain name. Where Veucom is to register a domain name on behalf of a client it will endeavour to do so but the client should not assume a successful registration.
Search engine submission
Due to the infinite number of considerations that search engines use when determining a site’s ranking, Veucom cannot guarantee any particular placement. Acceptance by any search engine cannot be guaranteed and when a site is accepted, the time it takes to appear in search results varies from one search engine to another. Rankings will also vary as new sites are added.
Design credits
The client agrees to allow Veucom to place a small credit in the form of a link to Veucom’s own website on the client’s website. This will usually be in the form of a small logo or line of text placed towards the bottom of the page.
The client also agrees to allow Veucom to place websites and other designs, along with a link to the client’s site on Veucom’s own website for demonstration purposes and to use any designs in its own publicity and portfolios.
Your Privacy
We do not share or sell any of your details with third party companies, without your express permission and we will only email you or contact you about work related matters.
Force Majeure
Veucom shall not be liable to the client or deemed to be in breach of the Contract by reason of any delay in performing or any failure to perform any of the obligations of Veucom in relation to the Services, if the delay or failure was due to any cause beyond the reasonable control of Veucom. Without prejudice to the generality of the foregoing the following shall be regarded as causes beyond the reasonable control of Veucom; Act of God, explosion, flood, tempest, fire or accident, war or threat of war, sabotage, insurrection, civil disturbance or equisition, Acts, restrictions, regulations, bi-laws, prohibitions or measures of any kind on the part of any government, parliamentary or local authority, strikes, lockouts or other industrial action or trade disputes (whether involving employees of Veucom or any third party), difficulties in obtaining raw materials, labour, fuel, part or machinery, power failure or breakdown in machinery.
This is the current version of our Trading Terms & Conditions as of October 2016. None of the above affects your statutory rights.
Veucom Ltd, North Barn, Featherbed Court, Mixbury, Oxfordshire NN13 5RN United Kingdom