Terms and Conditions

1. Payment and Provision of Work

1.1. No work shall be carried out on behalf of the client until an initial fifty percent deposit payment has been received and cleared into Wildflame Studios banking facilities.

1.2. Upon receipt of full deposit, basic design concepts will be issued for the client's viewing and approval (in the case of web design, these will be published online via our private server).

1.3. Upon completion of this stage, Wildflame Studios will request an acceptance confirmation for the basic design concept either via email or by signing off on a print-out of the design. The project completion work will commence upon receipt of this document.

1.4. Wildflame Studios will not use the client design for any other client without the client's previous knowledge or permission.

1.5. The client must notify Wildflame Studios of any material supplied that is to be returned to the client.

1.6. Wildflame Studios will provide a five working day period for testing between releases of draft versions. Where no comment or feedback is received from the client within this time, Wildflame Studios will assume that the client has agreed to the design provided. No requests for change will be entertained after this time, until the next release.

1.7. Communication between Client and Company is crucial during this phase to ensure that the ultimate publication will match the Client's needs.

1.8. Wildflame Studios reserves the right to assign certain subcontractors to any project to ensure the right fit for the job as well as on-time completion.

1.9. Wildflame Studios will assume a project to be completed after the initial project requirements have been technically and adequately met. Upon completion of the site (or design), an email or letter will be sent to the client, advising the client that work has been completed.

1.10. Final payment of the remaining fifty percent balance will be needed within 7 days after delivery of this email/letter.

1.11. Payments from clients must be made via company or personal cheque, Standing Order, BACS or Direct Debit.

1.12. Wildflame Studios reserves the right to charge late payment fees and interest in the case of overdue client payments under the 'Late Payment of Commercial Debts (interest) Act 1998.

1.13. In cases of late payment, Wildflame Studios reserves the right to suspend any services supplied to the client including, but not limited to website hosting and email facilities. We reserve the right to do this without prior notice.

1.14. Overdue payments shall be automatically passed to a Wildflame Studios appointed debt-collection agency, after thirty days of non-payment. The client shall assume responsibility for any additional costs accrued to Wildflame Studios by taking this action.
 
2. Cancellation

2.1. The client may request a cancellation of a project within 24 hours of deposit payment. All monies paid to that date would be refunded in full to the client. After this period, Wildflame Studios will retain any payments made.

2.2. Wildflame Studios reserves the right to terminate any design, and retain any payments made, in instances where the client fails to respond to a Wildflame Studios enquiry within thirty days, without advance notice of absence.
 
3. Amendments

3.1. Wildflame Studios reserves the right to adjust any previously projected invoice amount in the event of the client or authorised body amending the project requirements throughout the design or development process. The client shall be notified where changes requested will affect the final projected invoice balance.
 
4. Web Hosting

4.1. In the case of the Client arranging website hosting, The client is fully responsible for ensuring that the hosting server is capable of receiving the files and that an adequate package has been provided.
 
5. Domain Names

5.1. In the case of the Client having already purchased or already owning their domain name, Wildflame Studios shall be permitted to transfer it to EasySpace.co.uk and become the technical and admin contact, to allow full, fast and unhindered control over the domain in case of future technical problems. This may incur a renewal fee on the domain name.
 
6. Administration, Consultancy and Costs

6.1. Wildflame Studios reserves the right to charge additional costs (based on £50.00 per hour) for liasing with external companies on the client's behalf. (Example: Discussions with the client's hosting company.)

6.2. The client shall be charged at £50.00 per hour for any on-site consultancy/meeting time that is requested by the client.

6.3. The client shall reimburse Wildflame Studios fully for all costs incurred in the course of providing their services, including, but not limited to: office consumables, telephone calls, travel expenses, meals and accommodation.
 
7. Copyright and Ownership

7.1. Wildflame Studios retains full ownership and copyright of the client web or graphical design until final payment(s) has been received from the client.

7.2. Wildflame Studios reserves the right to include images of the client design in any Wildflame Studios newspaper, magazine, television or website promotional campaign. Wildflame Studios will seek written permission from the client, where any such promotion may have a negative impact upon the client name or brand.

7.3. Unless otherwise agreed, Wildflame Studios will retain all ownership and intellectual property rights, including worldwide copyright, to any web site designs or associated materials developed for and on behalf of clients. Upon request, these may be purchased by the client for a negotiated fee.

7.4 Any copyright attributed to the client on the project developed for the client will have reference to the content and business of the site, and not to the design or code for the site delivered by Wildflame Studios.

7.5 Clients will be provided with source code for projects developed, and will retain the right to use and modify the source code for their own purposes. Unless otherwise agreed in writing, clients will not have the right to sell on any product developed by Wildflame Studios, or use the source code provided as the basis for development of future products for anything other than the the original project.
 
8. Back-up Copies

8.1. For a fee of £25, Wildflame Studios will provide the client with one backup copy, on compact disc or DVD, of all completed web files. While Wildflame Studios retains backup copies for its own purposes, these files may be archived or deleted at any time by Wildflame Studios.

8.2. Wildflame Studios will retain a permanent backup copy of the client website at a cost of £40.00 per annum, payable in advance, at the client's request. In this instance, two backup copies will be retained. One of which will be located in a secure off-site environment.

8.3. Additional copies of completed files may be provided at £25.00 per compact disc + postage where applicable.
 
9. Website Credits

9.1. Unless otherwise explicitly specified in the project requirements, Wildflame Studios reserves the right to place a small and unobtrusive "Credits" button or link on the client's home page or within the main menu with a link to a special Credits page within the client's website. In turn, this will feature a link to the Wildflame Studios website, which will open in a new browser window. The client will in no way be charged for these additions. This should be considered in the same way as a book publisher's logo and may not be removed or altered by the client.

9.2. The client may remove the "Site Design by Wildflame Studios" logo or link by providing a one-off payment of £1000.00 to Wildflame Studios.
 
10. Miscellaneous

10.1. The client must provide contact details for at least one person within their company who is capable of dealing with any issues relating to the design project.

10.2. The client is responsible for providing any company logos, literature, images video or audio that are to be used within the design.
 
11. Nondisclosure

11.1. Wildflame Studios will not disclose any information provided by a client to any external source, without notice to the client. Likewise, the Client will not disclose any information provided by Wildflame Studios to any external source, without notice to Wildflame Studios.
 
12. Liability

12.1. Wildflame Studios will provide, free of charge, any fixes to problems experienced by the core design of the website, where the problem is reported within fourteen days of completion and where no custom modifications have been made to the files originally provided to the client. If the error is caused by any client modifications, Wildflame Studios's relevant charges per hour will be levied to the client in respect of correcting the error(s).

12.2. Where the client provides any content to Wildflame Studios to place upon the client website, the client is fully responsible for ensuring that the content is free from any copyright issues. Wildflame Studios assumes no responsibility for content that is placed upon a website at the client's request.

12.3. Wildflame Studios will be under no liability if it should be unable to carry out its obligations under a contract for supply of services as a result of any cause beyond its control such as but not limited to: Act of God, War, Strikes, Lock-out, Flood, Supply of services from 3rd party, Theft of Computer systems.

12.4. Wildflame Studios shall under no circumstances whatsoever be liable for any indirect or consequential loss by the Client howsoever caused.

12.5. Wildflame Studios 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.

12.6. Wildflame Studios's liability in respect of breach of non-performance shall be limited to the contractual value of the service to which the claim relates.
 
13. Laws affecting Electronic Commerce

13.1. The Client agrees that they are responsible for complying with such laws, taxes and tariffs and will hold harmless, protect and defend Wildflame Studios and its sub-contractors from any claim, suit, penalty, tax or tariff arising from the client's use of Internet Electronic Commerce. Client also understands that Wildflame Studios cannot provide any legal advice.
 
14. Maintenance Agreements

14.1. Maintenance agreements are negotiated on a client-by-client basis and each client will have differing needs. If you have chosen a maintenance agreement, the terms of which will be listed in our agreement.

14.2. Wildflame Studios offers two kinds of maintenance agreements. In one, the Client pays a one-off, fixed, pre-paid annual amount (Retainer) for changes such as changing prices to an item, adding additional inventory or making moderate graphic changes. In the other agreement, the Client pays on an 'as needed' hourly basis, in hour increments with a smaller, fixed, pre-paid 'Retainer' fee.

14.3. If a maintenance agreement has been selected with Wildflame Studios and the Client or an agent of the client other than Wildflame Studios attempts to update the site on their own and damages the design or impairs the ability for the WebPages to display or function properly, time to repair web pages will be assessed at the appropriate hourly rate. There is a 1-hour minimum. In this regard, Clients are encouraged to obtain a maintenance agreement with Wildflame Studios

Terms and Conditions are subject to change without prior notice.