The following terms and conditions apply to all website development / design and digital marketing services provided by Rushax to the Client.
- Acceptance
It is not necessary for any Client to have signed an acceptance of these terms and conditions for them to apply. If a Client accepts a quote then the Client will be deemed to have satisfied themselves as to the terms applying and have accepted these terms and conditions in full.
Please read these terms and conditions carefully. Any purchase or use of our services implies that you have read and accepted our terms and conditions. - Charges
Charges for services to be provided by Rushax are defined by our online shop, or by invoice / project quotation that the Client receives via e-mail. (Quotations are valid for a period of 30 days. Rushax reserves the right to alter or decline to provide a quotation after expiry of the 30 days.)
All website services with the exception of our Bespoke web design services require payment in full, in advance of work commencement.
Unless agreed otherwise with the Client, all Bespoke website design services require an advance payment of a minimum of 50% of the project quotation total before the work is supplied to the Client for review. The remaining 50% of the project quotation total due upon completion of the work, prior to upload to the server or release of materials.
Please note, by completion of work we deem to be the website pages. If a 3rd party (eg a booking system) is due to be added to the website we require this 3rd party to be fully available for integration by the time the web pages are complete. Should there be delay in completing the website due to a 3rd party not being available, we require full payment of the remaining 50%. We will then complete the integration when it becomes available. Payment for services is by bank transfer. Bank details will be made available on invoices. - Client Review (Web Design only)
Rushax will provide the Client with an opportunity to review the appearance and content of the website during the design phase and once the overall website development is completed. At the completion of the project, such materials will be deemed to be accepted and approved unless the Client notifies Rushax otherwise within ten (10) days of the date the materials are made available to the Client. - Turnaround Time and Content Control (Web Design only)
Rushax will install and publicly post or supply the Client's website by the date specified in the project proposal, or at date agreed with Client upon Rushax receiving initial payment, unless a delay is specifically requested by the Client and agreed by Rushax.
In return, the Client agrees to delegate a single individual as a primary contact to aid Rushax with progressing the commission in a satisfactory and expedient manner.
At the commencement of the project, Rushax will require the Client to provide website content; text & images.
Once a website has gone 'live' on it's domain, the client may request minor tweaks and amendments for a duration of 14 days after the live date. After this period any amendments or changes required by the client (that they are not able to carry out themselves) is chargeable at our standard hourly rate. This 14 days gives the client ample opportunity to look over their site and check for anything they may have missed before the site went live. - Failure to provide required website content: (Web Design only)
Rushax is a small business and to remain efficient we must ensure that work we have programmed is carried out at the scheduled time. On occasions we may have to reject offers for other work and enquiries to ensure that your work is completed at the time arranged.
This is why we ask that you provide all the required information in advance. On any occasion where progress cannot be made with your website because we have not been given the required information in the agreed time frame, and we are delayed as result, we reserve the right to impose a surcharge of up to 25%. If your project involves additional Search Engine Optimisation we need the text content for your site in advance so that the SEO can be planned and completed efficiently.
If you agree to provide us with the required information and subsequently fail to do within one week of project commencement we reserve the right to close the project and the balance remaining becomes payable immediately.
Simply put, all the above condition says is do not give us the go ahead to start until you are ready to do so. NOTE: Text content should be delivered as a Microsoft Word, email (or similar) document with the pages in the supplied document representing the content of the relevant pages on your website. These pages should have the same titles as the agreed website pages. Contact us if you need clarification on this.
Using our content management system, you are able to keep your content up to date yourself. - Payment
Invoices are normally sent via email; however, the Client may choose to receive hard copy invoices. Invoices are due upon receipt. Accounts that remain unpaid thirty (30) days after the date of the invoice will be assessed a service charge in the amount of the higher of one and one-half percent (1.5%) or £30 per month of the total amount due. - Additional Expenses
Client agrees to reimburse Rushax for any additional expenses necessary for the completion of the work. Examples would be purchase of special fonts, stock photography etc. - Web Browsers (Web Design only)
Rushax makes every effort to ensure websites are designed to be viewed by the majority of visitors. Websites are designed to work with the most popular current browsers (e.g. Firefox, Opera, Google Chrome, etc.). Client agrees that Rushax cannot guarantee correct functionality with all browser software across different operating systems.
Rushax cannot accept responsibility for web pages which do not display acceptably in new versions of browsers released after the website have been designed and handed over to the Client. As such, Rushax reserves the right to quote for any work involved in changing the website design or website code for it to work with updated browser software. - Default
Accounts unpaid thirty (30) days after the date of invoice will be considered in default. If the Client in default maintains any information or files on Rushax's Web space, Rushax will, at its discretion, remove all such material from its web space. Rushax is not responsible for any loss of data incurred due to the removal of the service.
Removal of such material does not relieve the Client of the obligation to pay any outstanding charges assessed to the Client's account. Cheques returned for insufficient funds will be assessed a return charge of £25 and the Client's account will immediately be considered to be in default until full payment is received. Clients with accounts in default agree to pay Rushax reasonable expenses, including legal fees and costs for collection by third-party agencies, incurred by Rushax in enforcing these Terms and Conditions. - Termination
Termination of services by the Client must be requested in a written notice and will be effective on receipt of such notice. E-mail or telephone requests for termination of services will not be honoured until and unless confirmed in writing. The Client will be invoiced for design work completed to the date of first notice of cancellation for payment in full within thirty (30) days. - Indemnity
All Rushax services may be used for lawful purposes only. You agree to indemnify and hold Rushax harmless from any claims resulting from your use of our service that damages you or any other party. - Copyright
The Client retains the copyright to data, files and graphic logos provided by the Client, and grants Rushax the rights to publish and use such material. The Client must obtain permission and rights to use any information or files that are copyrighted by a third party. The Client is further responsible for granting Rushax permission and rights for use of the same and agrees to indemnify and hold harmless Rushax from any and all claims resulting from the Client's negligence or inability to obtain proper copyright permissions. A contract for website design and/or placement shall be regarded as a guarantee by the Client to Rushax that all such permissions and authorities have been obtained.
Evidence of permissions and authorities may be requested. - Standard Media Delivery (Web Design only)
Unless otherwise specified in the project quotation, this Agreement assumes that any text will be provided by the Client in electronic format and that all photographs are high quality .gif, .jpeg, .png or .tiff format. - Design Credit (Web Design only)
A link to Rushax will appear in either small type or by a small graphic at the bottom of the Client's website. If a graphic is used, it will be designed to fit in with the overall site design. If a client requests that the design credit be removed, a nominal fee of 10% of the total development charges will be applied. When total development charges are less than £5000, a fixed fee of £500 will be applied. The Client also agrees that the website developed for the Client may be presented in Rushax's portfolio. - Domain Names
Rushax may purchase domain names on behalf of the Client. Payment and renewal of those domain names is the responsibility of the Client. The loss, cancellation or otherwise of the domain brought about by non or late payment is not the responsibility of Rushax. The Client should keep a record of the due dates for payment to ensure that payment is received in good time. - General
These Terms and Conditions supersede all previous representations, understandings or agreements. The Client's signature below or payment of an advance fee constitutes agreement to and acceptance of these Terms and Conditions. Payment online is an acceptance of our terms and conditions. - Governing Law
This Agreement shall be governed by English Law. - Liability
Rushax hereby excludes itself, its Employees and or Agents from all and any liability from:
- Loss or damage caused by any inaccuracy;
- Loss or damage caused by omission;
- Loss or damage caused by delay or error, whether the result of negligence or other cause in the production of the
web site; - Loss or damage to clients' artwork/photos, supplied for the site. Immaterial whether the loss or damage results from negligence or otherwise.
The entire liability of Rushax to the Client in respect of any claim whatsoever or breach of this Agreement, whether or not arising out of negligence, shall be limited to the charges paid for the Services under this Agreement in respect of which the breach has arisen.
19. Severability
In the event any one or more of the provisions of this Agreement shall be held to be invalid, illegal or unenforceable, the remaining provisions of this Agreement shall be unimpaired and the Agreement shall not be void for this reason alone.
