All services provided by ADM Web Studios are deemed to be provided under the following terms and conditions. These terms and conditions do not affect your statutory rights as a consumer.

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 and makes the initial payment 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.

ADM Web Studios reserves the right to change or modify current terms and conditions at any time by updating this web page (the modification date is shown at the foot of the page).

Definitions

In these terms "we", "us", "our" and "ADM Web Studios" means ADM Web Studios, 3 Wilson Street, Workington, Cumbria, CA14 4AZ.

All references to the customer will be referred to as "you", "your", "customer" or "client".

1. Authorisation

If the Client is engaging ADM Web Studios as an independent contractor for the specific project of developing and/or improving a website to be installed on the Client's web space on an Internet Service Provider's computer. The Client hereby authorises ADM Web Studios to access this account, and authorises the Internet Service Provider to allow ADM Web Studios with "write permission" for the Client's web page directory, cgi-bin directory, and any other directories or programs which need to be accessed for this project. The Client also authorises ADM Web Studios to submit their completed website to Web Search Engines.

2. Website Design

Current Website Stats and Trends show that most users are using a monitor display with 1024x768 pixels or more. ADM Web Studios will design a website that displays optimally in monitor screen sizes of 1024x768 pixels and above.

Client agrees that a HTML page built from a graphic design may not exactly match the original design because of the difference between the display in design software and the rendering of HTML code by Internet browser software. ADM Web Studios agrees to try and match the design as closely as is possible when building the code.

Only when a final design has been agreed by both ADM Web Studios and the Client, will the development stage of the website begin.

ADM Web Studios will place the Client's website on ADM Web Studios web server during development stage of the website design process in order that the Client may view and comment upon the website's progress. When both ADM Web Studios and the Client agree that the website meets the criteria agreed during this process, the website will be deemed complete. On receipt of final payment, ADM Web Studios will upload and publish the website on the Client's server, and provide the Client with a backup of the website on CD-Rom.

All Content Managed websites are configured to work on ADM Web Studios web hosting servers. Where Client's wish to use web hosting of their preference other than our web hosting, then the Client must ensure their chosen server has the following minimum requirements (PHP 4.3.10, MySQL 3.23, Apache 1.3, Microsoft IIS 6 and phpMyAdmin). ADM Web Studios can help setup the website on the Client's chosen server, but cannot guarantee compatability. Any Client's wishing to use third party web servers will be responsible for having it configured so that it can be used on the server of their choice. ADM Web Studios accepts no responsibility for the configuration and any costs incurred by Client.

ADM Web Studios may also request that Client's change the type of hosting account used if that account is deemed by ADM Web Studios to be unacceptable because of poor service, lack of bandwidth or in any other way insufficient to support the website.

3. Web Browsers

ADM Web 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 7 & 8, Google Chrome, etc.). Client agrees that ADM Web Studios cannot guarantee correct functionality with all browser software across different operating systems.

ADM Web 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, ADM Web 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.

As of December 2009 ADM Web Studios discontinued its support of the Internet Explorer 6 (IE6) browser for new website projects. There are many reasons to move away from IE6, to name a few:

1. The browser is 8 years old and within this time period has been succeeded by two new versions
2. From the beginning it has been subject to many security vulnerabilities, such as spy-ware, ad-ware, etc and it still contains vulnerabilities
3. Support for modern websites is lacking and holding back developers
4. Constant "hacking" must be implemented to get a website to display equally in IE6 as it does in IE 7/8, FireFox, Safari, Chrome, etc
5. There are several free superior browsers to choose from, FireFox, Safari, Google chrome, Opera, etc

If a Client is having a content management system setup for their website, ADM Web Studios will install a plug-in to help move your users and the rest of the web away from IE6. If a user is running IE6 they will simply receive a pop-up window that prompts them to upgrade their browser.

The following message is displayed for your users to see:

"You are currently browsing our website (Client's website name) with Internet Explorer 6 (IE6). Since this browser was originally released in 2001 and does not support the latest web standards and technologies compared to modern browsers, it is recommended that you upgrade your browser to increase safety from security vulnerabilities and improve your browsing experience on our website and others. Choose one of the following links to download a modern browser: (it will display links to the latest browser versions of FireFox, Safari, Opera, and Internet Explorer)"

4. Ecommerce Website Design

Where requested, ADM Web Studios will create and design your website incorporating your e-commerce solutions. Our low cost e-commerce solution (See CMS Add-ons) will involve the use of PayPal or Google Checkout, and ADM Web Studios recommends that the Client is familiar with PayPal's or Google Checkout's Terms & Conditions before choosing to use PayPal or Google Checkout. The Client has full responsibility for investigating the advantages and disadvantages of PayPal or Google Checkout as opposed to any other merchant provider, and to establish the suitability of PayPal or Google Checkout for their needs. Where PayPal or Google Checkout is the chosen merchant provider the Client is responsible for establishing a suitable PayPal or Google Checkout account and supplying details of this account to ADM Web Studios. Your decision to use PayPal or Google Checkout on your website is made based on information available to you supplied by PayPal or Google Checkout, and is not influenced by ADM Web Studios.

Our Advanced Ecommerce solution caters for a wider range of merchant providers. The Client has full responsibility for investigating the advantages and disadvantages of any merchant provider, and to establish the suitability of the merchant provider for their needs. The Client must make an enquiry with ADM Web Studios to see if their chosen merchant provider is compatible with the Advanced Ecommerce Website.

5. Laws Affecting Ecommerce

There are sometimes laws and taxes which affect Internet ecommerce. Client agrees that it is their responsibility to comply with such laws and will hold harmless, protect, and defend Developer and its subcontractors from any claim, suit, penalty, tax, or tariff arising from the Client’s exercise of Internet ecommerce.

6. Search Engine Submissions

ADM Web Studios will submit your website to a number of search engines, including Google, Yahoo! and MSN. However, it can take many weeks for your website to appear in the search results - this is normal. We cannot guarantee top level rankings for your website, although we will use our knowledge and experience in Search Engine Optimisation to gain the best results possible.

7. Website Hosting Services

All web hosting accounts are sold on a one year prepay basis. The full payment for a full year's service is required at the time of placing your order.

The renewal date for accounts will be one calendar year from the date of purchase or the date of previous renewal.

Account renewal reminders will be sent by email in advance of renewal date. Payment must be received prior to renewal date. Client's Failure to pay within these time limits will cause suspension of the account or additional facilities until payment is received.

Please view our partner website ADM Web Hosting to see our detailed Website Hosting Terms & Conditions.

8. Domain Names

ADM Web Studios may register 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 ADM Web Studios. The Client should keep a record of the due dates for payment to ensure that payment is received in good time.

Please view our partner website ADM Web Hosting to see our detailed Domain Name Terms & Conditions.

ADM Web Studios does not undertake to maintain or update a Client's website as part of the design commission. However, minor modifications and corrections requested within a two-week period up to an average of one hour per page, including updating links and making minor changes to a sentence or paragraph will be carried out FREE of charge.

If a Client wishes ADM Web Studios to maintain or update a website as a separate commission, ADM Web Studios will either bill per hour or negotiate with the Client a website maintenance plan appropriate to the amount of work required.

All website maintenance plans are sold on a one year prepay basis. The full payment for a full year's service is required at the time of placing your order.

The following is not included in the website maintenance plans:

1. Completely changing the website design/layout.
2. CMS design or integration including but not limited to blogs, shopping carts and web forums.
3. Print design or any other graphic design work.

Any revisions, additions or redesigns the Client wishes ADM Web Studios to perform which is not specified in the maintenance plan shall be considered "additional" and will require separate quotations and payment. ADM Web Studios will advise clients on any requested work that falls within these bounds.

10. Charges & Payment

Charges for services to be provided by ADM Web Studios are defined in the project quotation that the Client receives via e-mail or hard copy. Quotations are valid for a period of 30 days. ADM Web Studios reserves the right to alter or decline to provide a quotation after expiry of the 30 days

All website design and graphic design services require a deposit payment of a minimum of fifty percent (50%) of the project quotation total before any work commences, unless agreed otherwise and presented to the Client in the official quotation. The remaining fifty percent (50%) of the project quotation total will be due upon completion of the work prior to upload to the server or release of materials. If the quotation is for a considerably large project then interim payments may be included in the quotation. If this is the case then the Client must pay the interim payments at agreed stages of the project.

Payment for services is due by cheque, or bank transfer. Cheques should be made payable to 'ADM Web Studios' and sent to 3 Wilson Street, Workington, Cumbria, CA14 4AZ. Bank details will be provided on request.

Invoices are normally sent via email; however, the Client may choose to receive hard copy invoices. Invoices are due within 7 days of receipt. We will contact Clients via email and telephone to remind them of such payments if they are not received when due.

If accounts are not settled or ADM Web Studios have not been contacted regarding the delay, access to the related website may be denied and web pages removed, we will then pass such cases to the Small Claims Court to pursue payment, non payment can result in county court judgements (ccj's) being added to the clients credit rating.

Following consistent non payment of an invoice our Solicitors will contact the client in question, with a view to taking the matter further and if need be to seek payment through legal procedures, and if necessary court summons.

11. Project Completion Date

Any quoted dates are our best estimates only and we cannot guarantee 100% that they will be met.

We shall have no liability to you nor be deemed to be in breach of these terms and conditions if we are delayed in performing or unable to perform any of our obligations under it due to circumstances beyond our reasonable control.

12. Assignment of Project

ADM Web Studios reserves the right to assign subcontractors to this project to ensure the right fit for the job as well as on-time completion. ADM Web Studios will be responsible for the final results of the project.

13. Additional Expenses

Client agrees to reimburse ADM Web Studios for any additional expenses necessary for the completion of the work. Examples would be purchase of special fonts, stock photography etc.

14. Additional Services

Any revisions, additions or redesign Client wishes ADM Web Studios to perform not specified in the official quotation shall be considered "additional" and will require a separate quotation and payment.

15. Copyrights and Trademarks

The Client represents to ADM Web Studios and unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to ADM Web Studios for inclusion in the website design or graphic design project are owned by the Client , or that the Client has permission from the rightful owner to use each of these elements, and will hold harmless, protect, and defend ADM Web Studios and its subcontractors from any claim or suit arising from the use of such elements furnished by the Client.

Upon final payment of our website design services, ADM Web Studios assigns all copyright of the Web pages (including copy, graphics, photographs and design) to the Client. Rights to work-up files, source files of the flash design and the graphic design of the layout (e.g. .fla and .psd files) and computer programs are specifically not transferred to the Client, and remain the property of ADM Web Studios. This protects ADM Web Studios artistic licence. ADM Web Studios can provide the layout design files, by request, in the .psd format, but only as a flattened image (all design layers removed).

Upon final payment of our graphic design services, ADM Web Studios assigns all copyright of the design (including source files) to the Client.

ADM Web Studios and its subcontractors retain the right to display graphics and other Web design elements as examples of their work in their respective portfolios and advertising media.

16. Design Credit

A byline ("Website Design by") and a link to ADM Web Studios will appear in small type at the bottom of the Client's website, establishing design and development credit. The Client agrees to leave the text link and byline intact and unaltered. Client also agrees that the website developed for the Client may be presented in the ADM Web Studios portfolio.

17. Privacy Policy

ADM Web Studios respects your right to privacy and comply with obligations under the Data Protection Acts 1988 and 2002. Please read our Privacy Policy for more details.

18. Limited Liability

The Client hereby agrees to indemnify and hold harmless ADM Web Studios from any claim resulting from Client's publication of material or use of those materials. Client hereby agrees to indemnify and hold harmless ADM Web Studios in any claim resulting from the submission of illegal materials.

If ADM Web Studios shall acquire an Internet Domain Name on behalf of the Client , then in such case Client hereby waives any and all claims which it may have against ADM Web Studios, for any loss, damage, claim or expense arising out of or in relation to the registration of such Domain Name in any on-line or off-line network directories, membership lists or registration lists, or the release of the Domain Name from such directories or lists following the termination of the providing of this service by ADM Web Studios for any reason.

Under no circumstances, including negligence, shall ADM Web Studios, its office or anyone else involved in creating, producing or distributing it’s services, be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use ADM Web Studios services; or that results from mistakes, omissions, interruptions, deletion or loss of files or data, errors, defects, delays in operation, or of performance, whether or not limited to acts of God, communication failure, theft, destruction or unauthorized access to ADM Web Studios records, programs or services. Client maintains sole responsibility for data backups and restoration. Client hereby acknowledges that this paragraph shall apply to all content on ADM Web Studios services.

19. Indemnity

All ADM Web Studios services may be used for lawful purposes only. You agree to indemnify and hold ADM Web Studios harmless from any claims resulting from your use of our service that damages you or any other party.

20. Confidentiality & Non-Disclosure

ADM Web Studios, its employees and subcontractors agree that, except as directed by Client, it will not at any time during or after the term of services, disclose any confidential information to any person whatsoever.

If the Client applies by a registered letter for a refund within 7 days of paying the initial deposit, work already completed will be billed and deducted from the initial payment. If the work that has been completed is beyond the amount covered in the initial payment, the Client shall be liable to pay for all work completed.

No refunds will be made to the Client for any part of any annual website hosting, domain name registrations or maintenance subscriptions remaining.

In the event that work is postponed or cancelled at the request of the Client by registered letter, ADM Web Studios shall have the right to bill pro rata for work completed through the date of that request, while reserving all rights under these terms and conditions. If additional payment is due, this shall be payable within thirty (30) days of the Client’s notification to stop work. In the event of cancellation, the Client shall also pay any expenses incurred by ADM Web Studios and ADM Web Studios shall own all rights to the Work.