Website Design Terms & Conditions
By placing an order with FSD, 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 FSD.
FirmStoneDesign or FSD: Primary designer/site owner & employees or affiliates.

1. General
1. FSD will carry out work only where an agreement is provided either by email, telephone, mail or fax. FSD will carry out work only for clients who are 18 years of age or above. An 'order' is deemed to be a written, verbal or on-line form contract between FSD and the client; this includes telephone and email agreements.



2. Website Design
1. Whilst every endeavour will be made to ensure that the website and any scripts or programs are free of errors, FSD cannot accept responsibility for any losses incurred due to malfunction, the website or any part of it.
2. The website, graphics and any programming code remain the property of FSD until all outstanding accounts are paid in full.
3. Any scripts, cgi applications, php scripts, or software (unless specifically agreed) written by FSD remain the copyright of FSD and may only be commercially reproduced or resold with the permission of FSD.
4. FSD 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.
5. The client agrees to make available as soon as is reasonably possible to FSD all materials require to complete the site to the agreed standard and within the set deadline.
6. FSD will not be liable for costs incurred, compensation or loss of earnings due to the failure to meet agreed deadlines.
7. FSD 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.
8. FSD 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.
9.  FSD will not be liable for any costs incurred, compensation or loss of earnings due to the unavailability of the site, its servers, software, third party companies or any material provided by its agents. A deposit of 50% is required with any project before any design work will be carried out.
10. 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.



3. Web maintenance program
1. This agreement includes Web page maintenance program also know as Content Management System (CMS) to self maintain the Client’s Web sites for the period agreed with client.
2. FSD have the right to temporarily suspend or terminate the agreement if the client is in arrears with payments. And FSD will not be liable for any costs incurred, data loss, compensation or loss of earnings due to the unavailability of the site.
3. FSD does not claim ownership of Content you submit or make available for inclusion on the Service. However, with respect to Content you submit or make available for inclusion on publicly accessible areas of the Service, you grant FSD the following world-wide, royalty free and non-exclusive license(s), as applicable:
4. With respect to Content you submit or make available for inclusion on publicly accessible areas of the system, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Service solely for the purposes of providing and promoting the specific FSD site to which such Content was submitted or made available. This license exists only for as long as you elect to continue to include such Content on the Service and will terminate at the time you remove or FSD removes such Content from the Service.
5. With respect to photos, graphics, audio or video you submit or make available for inclusion on publicly accessible areas of the Service, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Service solely for the purpose for which such Content was submitted or made available. This license exists only for as long as you elect to continue to include such Content on the Service and will terminate at the time you remove or FSD removes such Content from the Service. "Publicly accessible" areas of the Service are those areas of the FSD network of properties that are intended by FSD to be available to the general public. By way of example, publicly accessible areas of the Service would include FSD websites.  However, publicly accessible areas of the Service would not include portions of services intended for private communication such as E-mail or areas off of the FSD network of properties such as portions of World Wide Web sites that are accessible through links from FSD sites but are not hosted or served by FSD.
6. The maintenance period commences upon the date FSD has fully received payment and should always be one calendar month in advance.
7. The monthly period already paid will not for any reason rollover to the following month. This includes if payment was made and not maintenance requested by client was submitted or updated
8. Any request for major changes in the main frame of the design, client should allow at least 72 hours to be seen live in the clients web site (depending on the amount of work submitted).



4. Database, Application and E-Commerce Development
1. FSD cannot take responsibility for any losses incurred by the use of any software created 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.
2. Any scripts, cgi applications or software (unless specifically agreed) written by FSD remain the copyright of FSD and may only be commercially reproduced or resold with the permission of FSD.
3. Where applications or sites are developed on servers not recommended by FSD, 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.
4. The client is expected to test fully any application or programming relating to a site developed by FSD before being made generally available for use. Where "bugs", errors or other issues are found after the site is live, FSD will endeavour (but is not obliged to) to correct these issues to meet the standards of function outlined in the brief



5. Compatibility
1. FSD 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 7+. FSD can offer no guarantees of correct function with all browser software.



6. Website Hosting
1. Whilst FSD recommends hosting companies to host websites, no guarantees can be made as to the availability or interruption of this service by FSD 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.
2. FSD 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.



7. Payment of Accounts
1. A deposit is required from any new client before any work is carried out. It is the FSD policy that any outstanding accounts for work carried out by FSD 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 FSD.
2. Once a deposit is paid and work completed you are obliged to pay the balance of payment in full. We will contact clients via email and telephone to remind them of such payments if they are not received when due.
3. If accounts are not settled or FSD 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 client’s credit rating.
4. 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.

Complaints Procedure

Informal procedure

Anyone who experiences a problem with their web service provided by FSD should raise the matter directly using our online contact form to do so, giving sufficient information to locate the material (such as an url) and clearly outlining the grounds for complaint.
FSD will approach the individual responsible for the material in question with a view to resolving the matter to the satisfaction of the complainant. Formal complaints procedure

The formal complaints procedure should only be used where the complainant feels that the nature of the complaint is too serious to be dealt with informally, or where a satisfactory conclusion has not been reached after following the informal procedure.

A formal complaint should be made in writing to FirmStoneDesign, who will acknowledge receipt and ensure that the matter is looked into as soon as possible. An initial response to any complaint can be expected within seven days of its receipt; a full and considered response to the complaint should be completed within 30 days and any subsequent remedy implemented with the minimum of delay.