Terms & Conditions
Please Note
One Soul Web Studios LLP reserve the right to amend, change, or update these Terms & Conditions as and when necessary. It is therefore the responsibility of the client to ensure that the terms set out herein have been read and understood.
The information contained in this website has been prepared solely for the purpose of providing general information about One Soul Web Studios LLP, their partners, sister sites, and the services offered by them.
Whilst every effort has been made to ensure that the information provided is accurate, it does not constitute any form of advice, recommendation, representation, endorsement or Client contract with One Soul Web Studios LLP.
The information presented is reviewed at regular intervals to maintain accuracy and relevancy, however, One Soul Web Studios LLP reserves the right to change the site content, terms, rates, or agreements, without notice.
By accessing this website you agree that One Soul Web Studios LLP will not be held accountable for any direct, or indirect consequential loss arising from the use or misuse of information and material contained in this website or from your access of any material of other resources from other referral web links via this site.
Please ensure that you read and understand these conditions before paying your advance fee.
These Terms and Conditions are Copyright of One Soul Web Studios LLP
1. Contract
The client's approval for work to commence shall be deemed a contractual agreement between the client and One Soul Web Studios LLP. Note: Once the Client has agreed upon, submitted the work to be commenced by One Soul Web Studios LLP, in addition to paying the advanced fee (s), the Client understands and is in agreement of the Terms & Conditions as set forth in this Agreement.
2. One Soul Web Studios LLP Intellectual Copyright
Until full payment has been made by the client, any source code, original images created specifically for the client, the website, graphics, digital imagery, web content, multi-media uploads, and any programming code remain the property and copyright of One Soul Web Studios LLP. Once payment has been made in full, One Soul Web Studios LLP will transfer intellectual rights to the client.
However, any programming code, scripts, finalised website design concepts, finalised logo design concepts, layout templates, applications, or software (unless specifically agreed) written by One Soul Web Studios LLP remain the copyright of One Soul Web Studios LLP, and may only be commercially reproduced or resold with the permission of One Soul Web Studios LLP.
One Soul Web Studios LLP cannot take responsibility for any copyright infringements caused by materials submitted by the client that have not been thoroughly verified, researched, or affirmed prior to submission to Us. Additionally, we reserve the right to refuse any material of a copyrighted nature unless adequate proof is given of permission to use such material. We also reserve the right to include our signature logo and link in the footer of all client website pages, in addition to using final client website design concepts for portfolio purposes.
All content included on this site (www.onesoulwebstudios.com and www.onesoulwebstudios.co.uk) , such as text, graphics, logos, buttons, icons, images and software is the property of One Soul Web Studios LLP. and protected by U.S./UK and international copyright laws.
UNAUTHORIZED USE, COPYING, REPRODUCTION, MODIFICATION, REPUBLISHING, UPLOADING, DOWNLOADING, POSTING, TRANSMITTING, DISTRIBUTING OR DUPLICATING OR ANY OTHER MISUSE OF ANY PART OF THE SITE IS PROHIBITED. Nothing contained in the Terms & Conditions or in the materials on the Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any material in any manner without the prior written consent of One Soul Web Studios LLP or such third party that may own the material or intellectual property displayed on this Site. In addition, use of the Site Content or materials for any purpose not expressly permitted in the Terms & Conditions is prohibited. You shall not copy or adapt the HTML code that One Soul Web Studios LLP uses to generate any Site Content or the pages making up the Site.
3. Client's Responsibilities with Regard to Copyright
In situations where the client provides images, text, animations, layouts or any other content for their website they are legally responsible for ensuring that this material does not infringe any copyright.
In some cases, certain images provided by One Soul Web Studios LLP may have been purchased under licence from stock image suppliers. These images are generally only licensed for use on a website. The licence may not permit them to be used in publicity material. The website owner is legally responsible for ensuring that this does not happen.
Reproduction, modification, distribution, transmission, replication, display, or performance of the content of this site is strictly prohibited. All such material on this website and or its sister sites belongs to One Soul Web Studios LLP. Therefore, at no time may a person copy any part of this material for commercial or non-commercial purposes. Additionally, products described in this website may be the subject or other intellectual property rights reserved solely by One Soul Web Studios LLP or other third parties. Images, pictures, logos, graphics, video, copyrighting, and web content on this site are protected by copyright and may not be reproduced or appropriated in any manner without written permission of their respective owner(s).
4. Domain Registration Charges
All third party costs arising from the registration of a domain name shall be met by the Client. One Soul Web Studios LLP requires that prior to services being commenced on behalf of the client, that the client is required to register their own domain names so that they have full ownership of the website. At no time will One Soul Web Studios LLP register a domain name on the client's behalf.
5. Website Hosting
No guarantees can be made by One Soul Web Studios LLP to complete the design, development, maintenance, or other work agreed upon by the client and us, in the event of an interruption by the client's website hosting provider. In the event that an interruption of hosting service occurs, the client agrees that he or she will find alternative hosting in order for One Soul Web Studios LLP to continue the contracted service on their behalf.
One Soul Web Studios LLP reserves the right to alter any deadlines for work that has been interrupted by such hosting provider in addition to charging any additional work for alteration of previously scheduled work priorities and deadlines.
The client understands and is aware that One Soul Web Studios LLP is not a hosting or domain company nor provides such service. Additionally, One Soul Web Studios 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 when the client is required to purchase or change domains or hosting in relationship to the work product or project agreed upon by One Soul Web Studios LLP and the client.
6. Search Engine Promotion
If Search Engine Optimisation has been agreed as part of the contract the client must be aware that One Soul Web Studios LLP is not responsible for ongoing web site promotion. While we can optimise your site initially for this by making it search engine friendly, it is impossible to make any guarantees on ranking position.
7. Cancellation
Should the client wish to cancel at any point during the process they shall remain liable for the work that has taken place and shall be invoiced accordingly.
Cancellation Policy
Pre-30 Day Policy: Within the first thirty days of cancellation, in the event a client chooses (or it is deemed)for that client to either no longer retain the services of One Soul Web Studios LLP, or has communicated that they will be going with another web design or web developer, the following will apply:
- All FTP and/or web hosting control panel log-in details held for that client's website, website files (to include as applicable: all coded web pages, images, and any related multi-media content), raw materials (to include: logos, multi-media,images, disks,text, etc.) clients have submitted either prior to the intial web design or development, as an initial or on-going update, or other known reason via email, in-person, or post, shall be returned to the client EXCLUDING (webpage, graphic, logos, flash animation) templates created specifically for the client, shall remain the property and copyright of One Soul Web Studios LLP.
- The client's request for the above will be obtainable only by the following:
- On CD-ROM upon payment of an applicable fee to cover the following costs: labour for the copying of all files and data to disc, shipping & handling. Cost of fee will depend upon the client's geographical location and applicable mailing costs.
- The client (or newly appointed web developer) can download all data and files using FTP software from the client's existing website hosting service.
- All FTP &/or web hosting control panel log-in details held for that client's website, website files (to include as applicable: all coded web pages, images, and any related multi-media content), raw materials (to include: logos, multi-media,images, disks,text, etc.) clients have submitted either prior to the intial web design or development, as an initial or on-going update, or other known reason via email, in-person, or post, shall be deleted for data protection purposes. In this event, One Soul Web Studios LLP shall not be held accountable to the client or any other known or unknown person(s) if such deleted files or data were not retained by the client through their own internal or external Backup Policy.
- In the event a client's web hosting provider (due to unforseen circumstances) is unable to retain the client's website data (as specified above), One Soul Web Studios LLP is not held liable or accountable for the loss or retention of the data. It is the client's responsibility at all times to adhere to their Backup Policy.
- In the event that services were rendered and monies exchanged during the tax calendar year running from April to the following April, client personal data will be kept for both tax and accounting records, and data protection purposes, for a period until such a time it is deemed no longer necessary to retain such data.
Post 30 Day Policy:After thirty days have expired from the date of cancellation, in the event a client chooses (or it is deemed)for that client to either no longer retain the services of One Soul Web Studios LLP, or has communicated that they will be going with another web design or web developer, the following will apply after a period of 30 days:
Backup PolicyAlthough One Soul Web Studios LLP does maintain a backup of all current client website updates (which are maintained by us) whilst they remain a client, One Soul Web Studios LLP maintains that the client is responsible whilst using our services to maintain an ongoing backup of their website(s) in conjunction with their Backup Policy.
Most web hosting services provide a facility in which the clients can download and backup their websites in a compressed format. In the event a client's web hosting provider (due to unforseen circumstances) is unable to retain the client's website data (as specified above), One Soul Web Studios LLP is not held liable or accountable for the loss or retention of the data.
8. IMPORTANT! Failure to Provide Required Website Content
You must ensure that we are not delayed as a result of late delivery of the material and content required to complete your website.
This is why we ask that you provide all the required information in advance. On any occasion where we are delayed because you have not provided this information, we reserve the right to impose a surcharge of 20% of the total cost of the work.
If you agree to provide us with the required information in advance and subsequently fail to do so within four weeks of project commencement we reserve the right to close the project and the balance remaining becomes payable immediately. This will not be a problem provided that you do not give us the go ahead to start until you are ready to do so.
9. Research, Design & Conceptualising
Conceptualising is the process of producing website concepts for clients. Concepts can include site mock ups, graphics and design proposals. This clearly takes a lot of time and for higher cost websites it will be included. For low cost basic sites (based on an hourly rate of £45.00 per hour or the Business Card Package), you should be aware that (unless previously agreed) only one concept is possible. In the event Flash Design is used, it is billed at a rate of £55.00 per hour. You should therefore ensure that you let us have your preferred colour scheme and design requirements beforehand. If you do not provide this information, One Soul Web Studios LLP reserves the right to design the website appropriately. If it is not to your taste we may not be able to rework the website without additional charges. This is why it is often best to show us another website that you like as an example of what you require.
10. Development & Programming:
Development is the process of converting design and website structure concepts to code via phases of programming and testing for ultimate implementation. One Soul Web Studios LLP aim to plan and complete websites on time and according to the agreed project schedule.
If at any time a client specifically requests work to be completed over a holiday period or outwith normal business hours (i.e. during evenings and weekends), then an additional rate will be charged equivalent to time and a half.
11. Travel Time and Travel Expenses
Travelling time to and from customer premises (outside of Glasgow City, Scotland) is not generally included in our estimate. One Soul Web Studios LLP reserves the right to make a charge for travelling time outside of the Glasgow, Scotland area at our current hourly rate. Likewise One Soul Web Studios LLP reserves the right to charge for travelling expenses based on a highly competitive cost analysis. (NOTE: There will be no charges for travelling time or expenses incurred during the quotation process, i.e. before you give your approval for work to commence.)
12. Quotations
The price quoted to the client is for the work specifically agreed on the quotation only. Should the client decide that changes are required after work on the website has commenced there may be additional charges.
13. Payment - Advance Fee
An advance fee of 50% of the total cost of the project is required before work can start. Clients should only pay this advance fee if they agree to our terms and conditions. Payment of the advance will be taken as agreement.
14. Payment - Refund Policy
After work on a website commences advances are not refundable. In the event that website work has been completed in full, and a client chooses not to fulfil the contract, One Soul Web Studios LLP shall maintain all copyrights, the site will not be made live, and full payment will be due for all work completed.
All website development, maintenance, or other service packages must be purchased up front and are non-refundable.
15. Payment Methods
Unless otherwise agreed, payment is only accepted by credit card, cheque, bankers draft in UK Pounds Sterling, PayPal, or BACs. If your cheque is returned by the bank as unpaid for any reason, you will be liable for a "returned cheque" charge of £35.
16. Payment by Credit Card
Credit card payments are accepted via our PayPal electronic invoicing system only. These payments are subject to a 4% surcharge and full payment is required in advance. (Your credit card should offer you purchase protection.)
17. Payment of Balance
Invoices are only issued when clients accept that their website has been completed to their satisfaction. Payment of the balance is due immediately on completion of the website. We reserve the right not to launch a website until full payment has been received.
18. Late Payment for Additional Development Work
Any websites previously launched may be removed if payment is not forthcoming. When this occurs an additional minimum charge of £50 will be required to have the site restored.
19. Future Maintenance & Updates
Your website will be handed over as a fully functioning, completed work. Client websites are offered as a single contract and future work, maintenance, development, and updates must be agreed upon and purchased prior to commencement. Unless it has been agreed beforehand One Soul Web Studios LLP is not responsible for future website maintenance & updates. Website development & programming maintenance can be provided upon request for an agreed hourly rate of £50.00 per hour, or through one of our pre-purchased maintenance packages.
20. Website Errors & Problems
One Soul Web Studios LLP endeavours to protect your website as much as is possible during the design and development from issues caused by malicious software, spyware, viruses and website hacking. Once a website has been completed and uploaded to the client for review, approval, or completion, we are not responsible for problems caused by illegal activity or the actions of others.
21. Access to Client Hosting Space
One Soul Web Studios LLP may require ongoing access to our clients' hosting space to allow us to support and monitor their websites. This access is via a user ID and password combination, which the client may change after the website is handed over. If the client chooses to change the password we will no longer have access to the website and further support will not be possible. We cannot be held responsible for any changes made to the website by the client or the client's agents.
22. Compliance with Ecommerce, Accessibility or Other Regulations
One Soul Web Studios LLP designs websites in accordance with the client's specifications whilst adhering to Accessibility Guidelines. It is the client's responsibility to ensure that the website and its content comply with current online e-commerce laws and regulations.
We cannot accept responsibility for any failure to comply with laws and regulations related to selling online or those related to a specific business or trade. Upon request, for an additional charge, we can research this on the client's behalf upon request, but in any business where complex compliance issues may exist, One Soul Web Studios LLP recommends that the client takes legal advice from their solicitor/attorney.
Additionally, where we have not been contracted for the ongoing maintenance of the client's website(s) we cannot accept responsibility for any alterations made by other parties to the site which would compromise Accessibility Guidelines.
23. Expiration of Quotation
Unless otherwise agreed any quotation provided will be valid for 30 days from the date of receipt.
24. Self-Service
Should the client at any time take it upon themselves to alter any portion of their website which we have developed and/or are maintaining for them, One Soul Web Studios LLP will not be held responsible for any coding or content errors as a result of the client failing to fully understand the impact of such alterations. We reserve the right to cease any services provided to the client at such time and charge an appropriate fee for correcting any client generated faults.
By agreeing to these terms and conditions your statutory rights are not affected.
One Soul Web Studios LLP reserves the right to change or modify any of these terms or conditions at any time.
Should clarification of any of the above be required please contact us by writing to:
One Soul Web Studios LLP
PO Box 7596
Glasgow
G42 2FA
Scotland
United Kingdom
Alternatively, contact us using your Email Software or complete our enquiry form.