Terms of Business
“Vivid Brighton” is a trading name of Vivid Design & Print Limited of Suite 3, 23 Grand Parade, Brighton, BN2 9QB, UK.
“Client” means the person or body corporate named as the Client at the foot of this contract. Any signatory on behalf of a company hereby warrants that they have all necessary authority to bind the company into the terms of this contract.
The Price / Payment.
Subject to the remainder of these Terms of Business, the Price for all services supplied by Vivid Brighton to the Client will be subject to an estimate provided by Vivid Brighton to the Client. The nature and extent of all services to be supplied to the Client will form part of the estimate and, taken together with these Terms of Business, will form the extent of any contract between Vivid Brighton and the Client. Upon either verbal or written acceptance of the contract terms by the Client, the contract becomes legally binding as between the Parties.
All deposit & advance payments are non-refundable and in the event that the Client seeks to withdraw from the contract at any stage, the Client agrees to pay Vivid Brighton for the work completed to date, including, but not limited to, any costs, expenses or payments or other losses incurred by Vivid Brighton in compliance with the contract.
On occasion when advanced payment is received by Vivid Brighton – for example: Deposits or Advanced Full Payment for any order – all the required information / content needed to complete the order must be supplied to Vivid Brighton within 6 months (from receipt of payment) or the order will be cancelled with no refund or credit note provided.
All quotes & estimates provided prior to project commencement are valid for 60 days.
It is also understood that should any project be delayed by Client response times beyond the original anticipated & agreed time-scale, this could have an effect on the quality of the final product, possibly incur additional cost and in rare cases require an end to the project commission prior to completion.
It is understood that any amendments or changes not detailed within the project proposal could incur additional cost, however, any increased work / charges will be agreed by both parties prior to commencement.
It is understood that on the completion of any website supplied to the Client by Vivid Brighton that it will be the Client’s responsibility to maintain the website keeping the CMS and any Plugin’s up to date – this not only improves the function of the website but also increases security reducing the risk of hacking. This can often be done by the Client’s website host provider, or a monthly maintenance plan can be agreed with Vivid Brighton on request.
It is also understood that the Client will arrange for regular back-ups of their website. Vivid Brighton only hold copies of the website design files and not the content, so back-up is highly recommended. The Client can arrange this with their website hosting company.
Vivid Brighton hold no responsibility to the security, upkeep or maintenance to the Client’s website after completion, unless an on-going maintenance plan is separetly agreed.
The standard rate of VAT is charged on our services unless a particular product is legally exempt from VAT.
Late Payment Provisions.
All interim or final invoices are due for payment as stated on the invoice terms. The terms
stated on the invoice will be either immediate payment, payment on delivery or within 30 days of the date of the invoice.
Vivid Brighton reserves the right to charge interest upon any unpaid or outstanding sums at the rate of 8% above Bank of England Base rate.
The Client agrees to be liable for any legal costs incurred by Vivid Brighton in recovering sums due in respect of any unpaid invoices.
Any bank or other charge incurred by Vivid Brighton as a result of any bounced or dishonoured cheque or other payment method will be invoiced to the Client, together with a £20 administration charge.
Whilst any payment due to Vivid Brighton remains outstanding, Vivid Brighton shall be entitled to exercise a lien over any of the Client’s property in the possession of Vivid Brighton, including any property which Vivid Brighton would otherwise provide to the Client as a result of this Agreement, including any printed items or the removal of websites from their live state.
The placing of an order by the Client or other person on behalf of the Client constitutes a guarantee that all necessary authority and permissions have been obtained in respect of the artwork, type faces, design and photographs, for use in the Design. The Client must indemnify Vivid Brighton in respect of all actions, proceedings, costs, demands and claims arising from any such breach.
All material, supplied by the Client and used in the construction of the Client’s design, will remain the Client’s property. All such material will be assumed to be the property of the Client and free to use without fear of breach of Copyright laws.
The Copyright for all material provided by Vivid Brighton, such as the design, source code, graphics, photographs, video, animation and copy, will remain the property of Vivid Brighton until such time as payment has been made in full whereupon they will become the property of the Client.
The Client will not hold Vivid Brighton responsible for any infringement of Copyright relating to the Design – such as use of photography, type face, copy text and video. It is the responsibility of the Client to ensure that no Copyright infringement will occur. Refunds will not be made in cases of such Copyright infringement.
Vivid Brighton reserves the right to reproduce any of its Designs for its own promotional purposes.
It is the Clients responsibility to proof read all elements of the Design created by Vivid Brighton. Should there be any mistake within the completed Design the Client will be held entirely responsible.
Amendments or variations.
These Terms & Conditions may not be varied except by an instrument in writing signed with the consent of both Parties (such consent not to be reasonably withheld).