1. General
‘Client’ – is any person who has contacted Dataflux requesting information or who has entered into a Contract with Dataflux for the provision of, but not limited to, marketing services, website design, search engine optimisation, creative/graphic design, sales consultancy, copywriting (the Services).
‘Proposal’ – The Services offered to the Client by Dataflux in accordance with their initial instructions supplied to Dataflux and the Fee payable for these. The Proposal will be open for acceptance for 30 days from issue unless otherwise stated by Dataflux in writing.
‘Contract’ – The legal agreement between Dataflux and the Client for the provision of Services under the Proposal.
‘The Website’ – the business website created, designed or amended by Dataflux in accordance with the Proposal.
‘The Fee’ – The sum payable for the provision of the Services ordered by the Client as set out in the Proposal and any additional sums agreed between the parties.
This will include Dataflux’s charges and any agreed expenses.
‘Payment’ – can be by BACS, direct debit, or PayPal.
‘Delivery Period’ – the time from the date of the Contract to the completion of the project.
‘Days’ – All the days in a week including Bank Holidays.
These Terms and Conditions will represent the whole of the Terms between Dataflux and the Client. Any changes to these must be agreed in writing by Dataflux.
2. The Contract
The Contract is made when the Client has accepted a Proposal for the supply of Services, paid the initial Fee required, and Dataflux has accepted the order by email or otherwise in writing.
The Contract for a set project once made cannot be cancelled unless a trial period has been agreed in advance.
A Contract from month to month will continue until terminated by one party giving the other one month’s notice in writing. Dataflux can terminate such a contract immediately should the Client commit a material breach of the Contract or these Terms and Conditions.
The Contract can only be amended with the consent of Dataflux in writing. The Client must accept that requested amendments may incur additional Fees and an extended Delivery Period.
If Dataflux is unable to accept your order you will be informed as soon as possible.
Dataflux has the right to discontinue the provision of any Services if it believes they could be libellous, illegal or a breach of any third-party rights.
The Client shall have no right to seek any cancellation or repayment of the Fee based on the style or composition.
The Client will have the opportunity to read these Terms and Conditions and any questions answered before entering the Contract and so the Client is accepting these Terms and Conditions by entering the Contract.
3. The Client’s Obligations
If the Client does not provide all the necessary details for the Services to be produced, the Client will be contacted and must provide the outstanding information as soon as possible. Delay in providing this information will lead to an extension in the Delivery Period. The Client accepts that any such delay is acceptable due to their actions and their responsibility.
Information provided by the Client to Dataflux must be complete, accurate, and provided in good faith. Any changes in facts or relevant activities must be communicated to Dataflux as soon as possible. The Client accepts that changes could lead to the Contract being amended to cover the change in circumstances.
If Dataflux requires a decision, approval, consent, or any other communication from the Client to provide the Services, the Client must provide these as quickly as possible and in any event within a reasonable time. Failure to comply may lead to an invoice being submitted and the Services terminated or paused.
It will be the Client’s responsibility to obtain any necessary consents, licences, or any other permission required for the use of any images, material, copy, or any other matter supplied by the Client to Dataflux for use in the Services. Dataflux will be under no obligation to check these have been properly obtained, and the Client will indemnify Dataflux against any claims arising from their use.
Any delay in the provision of the Services arising from the failure of the Client to perform its obligations shall not be the responsibility of Dataflux, and the Client shall accept this.
The Client will not, during the Contract or within 12 months thereafter, employ or contract the services of any person employed or engaged by Dataflux.
4. The Services
The Services to be supplied under the Contract will be as contained in the Proposal. Any amendment must be accepted by Dataflux in writing, and an additional Fee may be payable.
The descriptions of the Services by Dataflux will be as accurate as possible and provided in good faith.The Client must satisfy themselves that the Services on the Proposal meet its requirements before entering the Contract. Dataflux is always willing to answer any questions or queries.
The Client must accept that the Services supplied may vary slightly from the Proposal. Dataflux cannot guarantee that any item will be identical to the description in the Proposal, and by entering the Contract, the Client accepts this.If the Client has any particular requirements that are essential to them, they must contact Dataflux to discuss the matter before entering a Contract to ensure this is acceptable to Dataflux.
Dataflux reserves the right to amend any Proposal or Contract where, in its professional opinion, such amendment will lead to an improved result for the Client.The Client must accept that no exact colours are guaranteed and that the appearance on a screen or in an advertisement or literature can differ slightly from any draft submitted.
Dataflux reserves the right to subcontract any Services.If any materials supplied by or on behalf of the Client, including but not limited to copy, photos, artwork, and designs, are in the professional opinion of Dataflux not of the appropriate quality for the Website or other Services contained in the Proposal, then Dataflux has the right to reject their use within the Website or other Services.
If the Client supplies any physical property such as artwork or samples to Dataflux, these can be returned to the Client when no longer required by Dataflux if so asked by the Client.
