Terms & Conditions

How we like to do business

Last updated on 18th October 2017. If you contracted Vivid Business Ltd (trading as Vivid Websites) for services prior to 18th October 2017, you will be bound by the Terms and Conditions in effect at the time of purchase for that particular service. 

The Vivid Business Ltd Terms and Conditions below become legally binding once initial payment has been received and for the duration of the service(s) we provide you in future.

Definitions

The ‘Client’: the person, persons, business or organisation requesting the services of Vivid Business Ltd.

‘Vivid Business Ltd’ or ‘Vivid Websites’: the primary designer and developer, also including any employees and affiliates.

‘Project’: any work undertaken or service provided by Vivid Business Ltd for the Client at their request.

‘Domain’: is the website address as specified or provided by the Client.

‘Graphic Design Work’: designs created by Vivid Business Ltd for the use on printed products or online projects (e.g. logos).

General Terms

The agreement between Vivid Business Ltd and the Client will be based on the conditions listed below. Any variations to these conditions shall have no effect unless agreed in writing.

  1. Please read these terms and conditions carefully. By accessing this website and paying for our services you agree to be bound by the terms and conditions below. Vivid Business Ltd reserves the right to change the terms and conditions at any time without notice.
  2. Vivid Business Ltd reserves the right at any time and from time to time to modify or discontinue Vivid Business Ltd temporarily or permanently, with or without notice to you. By purchasing services from Vivid Business Ltd you are deemed to agree that Vivid Business Ltd shall not be liable to you or any third party for any modification, suspension or discontinuance of Vivid Business Ltd.
  3. Vivid Business Ltd cannot take responsibility and will not be liable for any copyright infringements caused by materials submitted by the Client. Any content including text, images or logo copied from another website and supplied to Vivid Business Ltd for use on the Client website is strictly prohibited. We reserve the right to refuse any material of a copyrighted nature unless adequate proof is given of permission to use such material.
  4. Any additions to briefs provided will be carried out at the discretion of Vivid Business Ltd and where no charge is made by Vivid Business Ltd for such additions, Vivid Business Ltd accept no responsibility to ensure such additions are error free.
  5. Vivid Business Ltd will not be liable for costs incurred, compensation or loss of earnings due to the failure to meet agreed deadlines.
  6. Vivid Business Ltd will carry out work only where an agreement is provided either by email, telephone, mail or verbally, and any such work will be carried out only for clients who are 18 years of age or above.
  7. Vivid Business Ltd will not be liable or become involved in any disputes between the Client and their customers and/or suppliers and cannot be held responsible for any wrongdoing on the part of the Client, e.g. any disputes regarding content/images that have been provided to us for inclusion on the site.
  8. Once Vivid Business Ltd has begun work on a project no refund will be offered of any deposit payment made in the event the Client wishes to cancel the project. Vivid Business Ltd reserves the right to decide at our discretion whether a requested refund is appropriate.
  9. These Terms and Conditions are governed by and construed in accordance with the laws of England. You agree to submit to the non-exclusive jurisdiction of the English courts, as do we. This applies to all products and services supplied by Vivid Business Ltd to customers in the UK, and inside and outside the European Union.

Website Design

  1. Whilst every endeavour will be made to ensure that the website is free of errors, Vivid Business Ltd cannot accept responsibility for any losses incurred due to malfunction of the website or any part of it.
  2. When carrying out website re-design work, Vivid Business Ltd cannot take responsibility and is not liable for any copyright infringements caused by material taken from the clients existing website. The client agrees that any imagery, text or design on their existing website is free and available to use or re-use. We reserve the right to refuse any material of a copyrighted nature unless adequate proof is given of permission to use such material.
  3. Where Vivid Business Ltd has purchased images from Shutterstock or other Visual Content library to use on the website on behalf of the Client, Shutterstock and/or various artists providing content and/or images to Shutterstock own or control all rights, including the copyrights in and to the images. Images purchased are strictly for use by Vivid Business Ltd on the website. The Client has no right to directly or indirectly use, copy, reproduce, resell, redistribute, provide access to, share or transfer any of these images. Vivid Business Ltd is not liable for misuse of these images by the Client or any other person(s).
  4. Vivid Business Ltd retains the right to use a Client’s website as an example of our work in, including but not limited to, a portfolio of work displayed on our website(s), promotional and other materials. We retain the right to display your website in our portfolio in any form that we have deemed appropriate.
  5. If necessary, Vivid Business Ltd retains the right to make alterations to a Client’s website at any time and without notice. Any changes will be upgrades or improvements and in the Client’s interest.
  6. Vivid Business Ltd will not be liable for any costs incurred, compensation or loss of earnings due to the work carried out by the Client on the website, on behalf of the Client or any of the Clients appointed agents.
  7. Vivid Business Ltd will not be liable for any costs incurred, compensation or loss of earnings due to the unavailability of the site, its servers, software or any material provided by its agents.
  8. Vivid Business Ltd cannot be held responsible for any losses incurred by the use of any work created for the Client. Whilst every care has been taken to ensure websites are problem-free and accurate, the ultimate responsibility lies with the Client in ensuring that all content is functioning correctly before it goes live. This includes work conducted by Vivid Business Ltd during a face-to-face tutorial or tweaking session.
  9.  The client is expected to test fully and in its entirety the website developed by Vivid Business Ltd and to notify Vivid Business Ltd of any “bugs” or other errors found within a 48 hour period.
  10. Vivid Business Ltd can offer no guarantees of the accurate function of a website with all browser software.
  11. Vivid Business Ltd can offer no guarantees as to the availability or interruption of Website Hosting by the web host.
  12. Vivid Business Ltd cannot accept liability for losses caused by the unavailability, malfunction or interruption of the web hosting, or for loss of turnover, sales, revenue, profits or indirect, consequential or special loss.
  13. Due to the nature of its service offering, Vivid Business Ltd will occasionally develop websites for more than one client operating in the same industry. When working with Vivid Business Ltd, the Client accepts that under no circumstances is Vivid Business Ltd restricted from creating a website for a direct competitor, who, including but not limited to, offers the same service, offers a similar service, operates in the same geographical area or sells the same or a similar product. In such circumstances, Vivid Business Ltd will not be restricted from using, including but not limited to, the same or similar website features and website functionality.
  14. When entering into an agreement with a Client, it is not the responsibility of Vivid Business Ltd to mention any such similar clients or potential ‘conflicts of interest’.
  15. Vivid Business Ltd reserves the right to refuse to handle in any way, material which may be deemed offensive, illegal or in any way controversial, and also to terminate the free hosting service should the necessity arise.
  16. Vivid Business Ltd cannot accept liability or responsibility for initial ranking, any change in rankings, or drop off in the position of the Client’s website on search engines (including but not limited to Google, Yahoo, Bing, ASK, AOL Search, and others).
  17. Vivid Business Ltd cannot accept liability for initial ranking, any change in rankings, or drop off in the position of your website due to changes in the algorithms of the search engines (including but not limited to Google, Bing, Yahoo, Ask, AOL, and others) or the factors that they use to rank websites.
  18. Vivid Business Ltd will not be liable for any costs incurred, compensation or loss of earnings due to the Client failing to renew the website domain(s) or hosting at the appropriate time. The Client’s annual renewal is normally due on the same date that Vivid Business Ltd received initial payment for website domain(s) registration or the set-up of a hosting account.

Domain Name and Email Addresses

  1. Any client that has purchased a domain name through a domain registrar is the domain name registrant and it is the registrant’s full responsibility to ensure that the domain name renewal fees are paid to the domain registrar on time. 
  2. If Vivid Business Ltd has set up a mailbox/email address for the Client, Vivid Business Ltd cannot accept liability for loss of turnover, sales, revenue, profits or indirect, consequential or special loss caused by the unavailability, malfunction or interruption of the third party email hosting solution or the recommended mail clients Mozilla Thunderbird or Outlook. Vivid Business Ltd cannot accept liability for losses occurred due to incorrect set up of the clients mailbox/email address.

Graphic Design Work

  1. Whilst every endeavour will be made to ensure that the branding, name and/or logo is free of errors, Vivid Business Ltd cannot accept responsibility for any losses incurred due to any defect.
  2. Vivid Business Ltd cannot take responsibility for any copyright infringements caused by materials submitted by the Client. We reserve the right to refuse any material of a copyrighted nature unless adequate proof is given of permission to use such material.  
  3. Vivid Business Ltd will not accept any responsibility for trademark or copyright issues, or any other issue, caused by a logo, name or other mark designed by Vivid Business Ltd.  
  4. Vivid Business Ltd cannot guarantee that any branding, naming and logo designed does not breach any copyright or intellectual property law. It is the full responsibility of the Client to check that any name and/or logo designed by Vivid Business Ltd is available to use under intellectual property law.
  5. Vivid Business Ltd cannot take responsibility for any losses incurred by the use of any work created for the Client. Whilst every care has been taken to ensure branding, logos and names are defect free, the ultimate responsibility lies with the Client in ensuring that no defects are present. This includes work conducted by any member or employee of Vivid Business Ltd at any point during the design process.
  6. Vivid Business Ltd retains the right to use your logo/name/brand as an example of our work in, including but not limited to, any portfolio displayed on our website(s), promotional and other materials. We retain the right to display your logo/name/brand in our portfolio in any form that we have deemed appropriate.

Your Privacy

We do not share or sell any of your details with third party companies without your express permission and we will only email you or contact you about work related matters.

Sarah Austin

T: 01202 251168

M: 07798 862205

E: sarah@vividwebsites.co.uk


Vivid Websites

43 Ashton Road, Bournemouth BH9 2TP