By placing an order with designs2grow, 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 designs2grow.
“designs2grow”: Primary designer.

General

designs2grow will carry out work only where an agreement is provided either by email, telephone, mail or fax. designs2grow 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 designs2grow and the client, this includes telephone and email agreements.

Website Design

1. Quotations: The price quoted by designs2grow to the client is for the work specifically agreed on the quotation only. Should the client decide that changes are required after work on the website has commenced there may be a surcharge.

2. Payment - Advance Fee: An advance fee of 50% of the total cost of the project is required before work can start. Clients should only pay this advance fee if they agree to the designs2grow terms and conditions. Payment of the advance will be taken as agreement.

3. Payment - Refund Policy: After work on a website commences advances are not refundable.

4. Payment Methods: Unless otherwise agreed, payment is only accepted by credit card, cheque or bankers draft in UK Pounds Sterling. If your cheque is returned by the bank as unpaid for any reason, you will be liable for a "returned cheque" charge of £35. Payment by Credit Card: Credit card payments are accepted via our Paypal electronic invoicing system. These payments are subject to a 4% surcharge and full payment is required in advance. (Your credit card should offer you purchase protection.)

5. Payment of Balance: Once a website has been designed and completed the final balance 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. If accounts are not settled or designs2grow have not been contacted regarding the delay, access to the related website may be denied and web pages removed.

6. The website, graphics and any programming code remain the property of designs2grow until all outstanding accounts are paid in full.

7. Conceptualising is the process of producing website concepts for clients. Concepts can include site mock ups, graphics and design proposals. This clearly takes a lot of time and for higher cost websites it will be included. For low cost sites (below £1000) you should be aware that (unless previously agreed) only one concept is possible. You should therefore ensure that you let designs2grow have your preferred colour scheme and design requirements beforehand. If you don’t do this designs2grow will design the website appropriately. If it is not to your taste designs2grow may not be able to rework the website without additional charges. This is why it is often best to show designs2grow another website that you like as an example of what you require.
Any additions to the brief will be carried out at the discretion of designs2grow and where no charge is made by designs2grow for such additions, designs2grow 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.

8. Failure to Provide Required Website Content: You must ensure that designs2grow are not delayed as a result of late delivery of the material and content required to complete your website. This is why designs2grow ask that you provide all the required information in advance. On any occasion where we are delayed because you have not provided this information, designs2grow reserve the right to impose a surcharge of 25% of the total cost of the work.
If you agree to provide designs2grow with the required information and subsequently fail to do within four weeks of project commencement we reserve the right to close the project and the balance remaining becomes payable immediately.

9. Cancellation: Should the client wish to cancel at any point during the process they shall remain liable for the work that has taken place and shall be invoiced accordingly.

10. Whilst every endeavour will be made to ensure that the website and any scripts or programs are free of errors, designs2grow cannot accept responsibility for any losses incurred due to malfunction of the website or any part of it.

11. designs2grow cannot accept liability for any bugs, performance issues or failure of 3rd party software as 3rd party software is provided by a separate company. Any bugs, performance issues or failure with the software should be directed to the relevant 3rd party software company. Upon request, designs2grow will endeavour to provide contact details for such 3rd party software suppliers.

12. Any scripts, cgi applications, php scripts, or software (unless specifically agreed) written by designs2grow remain the copyright of designs2grow and may only be commercially reproduced or resold with the permission of designs2grow.

13. designs2grow 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.

14. designs2grow will not be liable for costs incurred, compensation or loss of earnings due to the failure to meet agreed deadlines.

15. designs2grow 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.

16. designs2grow 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.

17. designs2grow 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.

Database, Application and E-Commerce Development

designs2grow cannot take responsibility for any losses incurred by the use of any software used for the client. Whilst every care has been taken to ensure products are problem free and accurate, the ultimate responsibility lies with the client in ensuring that all software is functioning correctly before use.

Any scripts, cgi applications or software (unless specifically agreed) written by designs2grow remain the copyright of designs2grow and may only be commercially reproduced or resold with the permission of designs2grow.

Where applications or sites are developed on servers not recommended by designs2grow, the client is expected to provide or seek any information, additional software support or co-operation pertaining to the server required in order for the application to be correctly developed. Where large applications are to be developed, it is the client’s responsibility to provide a suitable testing environment which is identical to the final production environment.

The client is expected to test fully any application or programming relating to a site developed by designs2grow before being made generally available for use. Where "bugs", errors or other issues are found after the site is live, designs2grow will endeavour (but is not obliged to) to correct these issues to meet the standards of function outlined in the brief

Compatibility

designs2grow will endeavour 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 web browsing software Microsoft Internet Explorer Version 6 and to an acceptable level with Mozilla browsers. designs2grow can offer no guarantees of correct function with all browser software.

Website Hosting

Whilst designs2grow recommends hosting companies to host websites, no guarantees can be made as to the availability or interruption of this service. designs2grow cannot accept liability for losses caused by the unavailability, malfunction or interruption of this service, or for loss of turnover, sales, revenue, profits or indirect, consequential or special loss.

designs2grow 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 the hosting service should the necessity arise.