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Terms and Conditions

The following terms and conditions apply to all Website / Software Development, Hosting, IT Consultancy and Design Services provided by Daydream Studios Ltd to the Client.

Project 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 either written or verbal 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.

Design Fees
Charges for services to be provided by Daydream Studios are defined in the project quotation that the Client may receive via e-mail, written, or verbally. Quotations are valid for a period of 30 days. Daydream Studios reserves the right to alter or decline to provide a quotation after expiry of the 30 days.

At the time of the customer’s signed acceptance of this estimate or quotation, indicating acceptance of the Terms & Conditions, a non-refundable deposit of 50% of the quoted fee will become immediately due. Work on the project will not commence until Daydream Studios has received this amount.
The remaining fifty (50) percent of the development total is due upon completion of the work, prior to upload to the server or release of materials.
Payment for services is due by cheque, cash or bank transfer. Cheques should be made payable to Daydream Studios and sent to Daydream Studios Ltd, 9 Wensum Road, Great Ashby, Hertfordshire, SG1 3XX. Bank details will be made available on invoices.

Charges for Other Services
Charges for any additional services over and above the estimated design will become fully payable at the time of project acceptance.

Project Review
Once web design / database design is complete, Daydream Studios will provide the customer with the opportunity to review the resulting work. Daydream Studios will make one set of minor changes at no extra cost within 14 days of the start of the review period. Minor changes include small textual changes and small adjustments to placement of items on the page. It does not include changes to images, colour schemes, layout or any navigation features. Any minor changes can be notified to Daydream Studios by e-mail and confirmed by post. Daydream Studios will consider that the client has accepted the original draft, if no notification of changes is received in writing from the customer, within 14 days of the start of the review period.

Alterations
The customer agrees that changes required over and above the estimated work or required to be carried out after acceptance of the draft design will be liable to a separate charge. The customer also agrees that Daydream Studios holds no responsibility for any amendments made by any third party, before or after a design is published.
Licensing

Any design, copywriting, drawing, idea or code created for the customer by Daydream Studios, or any of its contractors, is licensed for use by the client on a one-time only basis and may not be modified, re-used, or re-distributed in any way or form without the express written consent of Daydream Studios, and any of its relevant sub-contractors.

All design work - where there is a risk that another party make a claim, should be registered by the client with the appropriate authorities prior to publishing or first use or searches and legal advice sought as to its use. Daydream Studios will not be held responsible for any and all damages resulting from such claims. Daydream Studios is not responsible for any loss, or consequential loss, non-delivery of products or services, of whatever cause. The customer agrees not to hold Daydream Studios responsible for any such loss or damage. Any claim against Daydream Studios shall be limited to the relevant fee(s) paid by the customer.

Data Formats
The client agrees to Daydream Studios definition of acceptable means of supplying data to the company. Text is to be supplied to Daydream Studios in electronic format as standard text (.txt), MS Word (.doc) via e-mail. Images which are supplied in an electronic format, are to be provided in a format as prescribed by Daydream Studios via electronic data format. Images must be of a quality suitable for use without any subsequent image processing, and Daydream Studios will not be held responsible for any image quality which the client later deems to be unacceptable. Daydream Studios cannot be held responsible for the quality of any images which the client wishes to be scanned from printed materials. Additional expenses may be incurred for any necessary action, including, but not limited to, photography and art direction, photography searches, media conversion, digital image processing, or data entry services.

Design Project Duration
Any indication given by Daydream Studios of a design project’s duration is to be considered by the customer to be an estimation. Daydream Studios cannot be held responsible for any project over-runs, whatever the cause. Estimated project duration should be deemed to be from the date that cleared funds of the deposit are received by Daydream Studios.

Rights of Access for Website Construction
The client agrees to allow Daydream Studios all necessary access to computer systems and other locations, as required, in order to complete a project and until all due funds are cleared, including the necessary read/write permissions, usernames and passwords. The customer also agrees to allow Daydream Studios access to any computer systems, usernames and passwords required to remove data and/or sites for failure to comply with these Terms and Conditions.

The customer agrees to supply Daydream Studios with all necessary materials, electronic, or otherwise, required to create and complete the project, and to supply them in a timely manner.

Design Project Completion
Daydream Studios considers the design project complete upon receipt of the customer’s sign off. Other services such as printing, display panel production, website uploading, publishing etc either contracted on the clients behalf constitute a separate project and can be treated as a separate charge.

Design Credits
The customer agrees to allow Daydream Studios to place a small credit on printed material, exhibition displays, advertisements and/or a link to Daydream Studios own website on the customer’s website. This will usually be in the form of a small logo or line of text placed towards the bottom of the page. The customer also agrees to allow Daydream Studios to place all designs on Daydream Studios own website for portfolio and demonstration purposes and to use any designs in its own publicity unless agreed otherwise.

Hosting
If Daydream Studios assists in sourcing and setting up hosting for the Client, Daydream Studios does not guarantee continuous service of the hosting company and will accept no liability for loss of service, whatever the cause. Daydream Studios may request that clients change the type of hosting account used if that account is deemed by Daydream Studios to be unacceptable because of poor service, lack of bandwidth or in any other way insufficient to support the website. Fees due to third party hosting organisations are the responsibility of the client and Daydream Studios are not liable for their payment, nor for the renewal of domain names, which are the sole responsibility of the customer / domain owner.

If the Client’s system is to be installed on a third-party server, Daydream Studios must be granted temporary read/write access to the Client’s storage directories which must be accessible via FTP. Depending on the specific nature of the project, other resources might also need to be configured on the server.

Domain Registration
Daydream Studios cannot guarantee the availability of any domain name. Where Daydream Studios is to register a domain name on behalf of a client it will endeavour to do so but the client should not assume a successful registration.

Search Engine Submission
Due to the infinite number of considerations that search engines use when determining a site's ranking, Daydream Studios cannot guarantee any particular placement. Acceptance by any search engine cannot be guaranteed and when a site is accepted, the time it takes to appear in search results varies from one search engine to another. Rankings will also vary as new sites are added. Daydream Studios recommend that customers use a professional SEO company and are happy to provide details of such companies, but accept no responsibility for their services.

Web Browsers
Daydream Studios 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, Internet Explorer 8 & 9, Google Chrome, etc.). Client agrees that Daydream Studios cannot guarantee correct functionality with all browser software across different operating systems or mobile devices.
Daydream Studios 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, Daydream Studios 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.

Rights of Refusal
Daydream Studios will not include in its designs, any text, images or other data which it deems to be immoral, offensive, obscene or illegal. All advertising material must conform to all standards laid down by all relevant advertising standards authorities. Daydream Studios also reserves the right to refuse to include submitted material without giving reason. In the situation where any images and/or data that Daydream Studios does include in all good faith, and subsequently discovers is in contravention to such Terms and Conditions, the customer is obliged to allow Daydream Studios to remove the contravention without hindrance, or penalty. Daydream Studios is to be held in no way responsible for any such data being included.

Payment
Invoices will be provided by Daydream Studios upon completion but before publishing the live website. Invoices are normally sent via email; however, the Client may choose to receive hard copy invoices. Invoices are due upon receipt, unless alternate terms have been agreed in advance of the project being initiated. Accounts that remain unpaid thirty (30) days after the date of the invoice will be subject to 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 Daydream Studios for any additional expenses necessary for the completion of the work. Examples would be travel and time given for on-site meetings, purchase of special templates, fonts, stock photography etc. As standard web resources such as templates, fonts, stock images etc will be charged at two (2) times the purchase price paid by Daydream Studios.

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 Daydream Studios web space, Daydream Studios will, at its discretion, remove all such material from its web space. Daydream Studios 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. Clients with accounts in default agree to pay Daydream Studios reasonable expenses, including legal fees and costs for collection by third-party agencies, incurred by Daydream Studios 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 Daydream Studios services may be used for lawful purposes only. You agree to indemnify and hold Daydream Studios 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 grant Daydream Studios 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 Daydream Studios permission and rights for use of the same and agrees to indemnify and hold harmless Daydream Studios 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 Daydream Studios that all such permissions and authorities have been obtained. Evidence of permissions and authorities may be requested.

Disclaimer
Daydream Studios makes no warranties of any kind, express or implied, for any and all products and/or services that it supplies. Daydream Studios will not be held responsible for any and all damages resulting from products and/or services it supplies. Daydream Studios is not responsible for any loss, or consequential loss of data, or non-delivery of products or services, of whatever cause. While we take reasonable steps to investigate the materials we recommend, we accept no responsibility for the performance or quality of materials or any consequential loss arising from their failure. The customer agrees not to hold Daydream Studios responsible for any such loss or damage. Any claim against Daydream Studios shall be limited to the relevant fee(s) paid by the customer.

Daydream Studios reserves the right to use the services of sub-contractors, agents and suppliers and any work, content, services and usage is bound by their Terms and Conditions. Daydream Studios will not knowingly perform any actions to contravene these and the client also agrees to be so bound.

Force Majeure
Neither party shall be liable to the other for any failure to perform any obligation under any Agreement which is due to an event beyond the control of such party including but not limited to any Act of God, terrorism, war, Political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or man made eventuality outside of our control, which causes the termination of an agreement or contract entered into, nor which could have been reasonably foreseen. Any Party affected by such event shall forthwith inform the other Party of the same and shall use all reasonable endeavours to comply with the terms and conditions of any Agreement contained herein.

Waiver
Failure of either Party to insist upon strict performance of any provision of this or any Agreement or the failure of either Party to exercise any right or remedy to which it, he or they are entitled hereunder shall not constitute a waiver thereof and shall not cause a diminution of the obligations under this or any Agreement. No waiver of any of the provisions of this or any Agreement shall be effective unless it is expressly stated to be such and signed by both Parties.

Acceptance of Terms and Conditions and Quotation
The placement of an order for design and/or any other services offered by Daydream Studios, by email, verbally or in writing, is deemed to be acceptance of these terms and conditions, which are freely available at www.daydreamstudios.co.uk.

An estimate validated by the customer's signature on the estimate or quotation form, constitutes acceptance of the estimate or quotation and agreement to comply fully with all the Terms and Conditions and forms a Contract for Business between the signatory and Daydream Studios.

Notification of Changes
The Company reserves the right to change these conditions from time to time as it sees fit and your continued use of the site will signify your acceptance of any adjustment to these terms. If there are any changes to our privacy policy, we will announce that these changes have been made on our home page and on other key pages on our site. If there are any changes in how we use our site customers’ Personally Identifiable Information, notification by e-mail or postal mail will be made to those affected by this change. Any changes to our privacy policy will be posted on our web site 30 days prior to these changes taking place. You are therefore advised to re-read this statement on a regular basis

These terms and conditions form part of the Agreement between the Client and Daydream Studios. Your accessing of this website indicates your understanding, agreement to and acceptance, of the Disclaimer Notice and the full Terms and Conditions contained herein. Your statutory Consumer Rights are unaffected.

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