Articles
1. Costs and Payments
1.1 You must pay all charges as set out in the Quote. Cost estimates (and price quotes provided by L3 Atelier) are only valid for a period of 30 days.
1.2 You will remain liable for all fees during any period when Services have been discontinued or suspended due to a failure on your part to comply with these terms and conditions.
1.3 You will be invoiced as agreed in your quote. All accounts are payable before delivery of final artwork or uploading of final files to live sites. Final delivery will be either via a transfer of the website to your server OR in the absence of web hosting, all files will be emailed to you. Please note that this is your responsibility as customer and website owner to keep all the website files safe. L3 Atelier does not keep a backup of client websites after an intial period of 3 months after delivery of the website and will not be responsible for loss of files by you once the delivery has been made.
1.4 All invoices have to be paid within 3 days. A late payment charge of $50 will be applicable on all payments not made on time. You are also liable to pay overdue interest at 5 % per week on any amounts not paid. All intellectual property rights remain with L3 Atelier until payment.
1.5 You must pay L3 Atelier's charges without any set off, counter claim or deduction unless same is agreed in writing between us.
1.6 L3 Atelier reserves the right to prioritize early paying clients and to charge urgency fees for turnaround within 3 working days. (VIP status).
1.7 Agreed Costing is conditional on your supplying data required for a Website Stage or completion deadline agreed within 10 working days of confirmation of Order. L3 Atelier reserves the right to revise costings if that condition is not met in line with charges applying at the relevant time.
1 .8 No final artwork or files will be delivered until final invoices are paid in full. Payment by cheque will entail waiting for clearance before supply of files. Delivery being :Supply of final artwork digital files to printer or on disk or via email or uploaded to nominated ISP. Construction files or code files or script files remain the property of L3 Atelier.
1.9 Printer or ISP Liason is charged at our current rate per hour.
1.10 Quotations and proposals must be accepted in writing by letter or fax or email, or by signing the quotation or proposal. Acceptance of the quotation or proposal must be accompanied by a 50% deposit unless otherwise agreed.
1.11 Deposits can be made by credit card, cheque or direct bank transfer.
1.12 Design work may not commence until the deposit has been received and cleared.
1.13 Where progress payments are stipulated in a quotation or proposal, they will fall due and payable as specified in the quotation or proposal. Overdue progress payments may result in suspension of design works in progress until such time as all amounts in arrears including interest are paid in full.
1.14 (i) L3 Atelier reserves the right to recover all costs associated with recovering unpaid invoices, including legal and administrative costs.
(ii) L3 Atelier reserves the right to recover intellectual property in cases where there is non-payment by any means it sees fit.
1.15 L3 Atelier reserves the right to revise and or alter initial quotes based on changes in website scope, changes or additional work provided by the client in addition to quote provided.
1.16 L3 Atelier will provide a maximum of 3 updates on a selected layout, from a maximum of 2 layouts initially designed for a website. Any extra changes or updates required after this will be charged at an additional price.
1.17 Invoices for SEO work must be cleared in advance. SEO work will be automatically renewed after the given time period expires unless the work is cancelled by the client either in writing or via email.
2. Limitation of Liability
2.1 All terms conditions, warranties, undertakings inducements and representations, whether express or implied, statutory or otherwise relating to the provision of services by L3 Atelier not contained in the Agreement are excluded and L3 Atelier WILL NOT ACCEPT LIABILITY FOR ANY LOSS OR DAMAGE (INCLUDING CONSEQUENTIAL LOSS OR DAMAGE) HOWEVER CAUSED (WHETHER BY NEGLIGENCE OR OTHERWISE) WHICH MAY BE SUFFERED OR INCURRED OR WHICH MAY ARISE DIRECTLY OR INDIRECTLY with respect to the service.
2.2 Where any applicable legislation implies any term, condition or warranty into the Agreement or in respect of L3 Atelier's relationship with you, or otherwise gives you a particular remedy against L3 Atelier and the legislation or any other legislation renders void or prohibits provisions excluding or modifying the application of, exercise of, or liability under such implied term, condition, warranty or remedy will be deemed to be included in the Agreement or as the case may require apply to the relationship between L3 Atelier and you. However, L3 Atelier's liability for any such breach of such implied term, condition or warranty or under such remedy, will be limited, at L3 Atelier's option, in any one or more of the ways permitted in that legislation, including, where so permitted if the breach relates to Services the supplying of those services again.
2.3 You acknowledge that web sites cannot be guaranteed to be 100% error free in construction and acknowledge that the existence of errors falling short of a complete failure of consideration in the site shall not constitute a reason to terminate this agreement.
3. Suspension of Services
3.1 L3 Atelier reserves the right to suspend services in any case where you fail to perform your obligations under this agreement. If payment for services is not received within the terms of payment stipulated by us websites may be taken down until payment is confirmed.
3.2 L3 Atelier may from time to time and without notice or liability to you suspend any of the services if the reason for doing same is an event beyond the reasonable control of L3 Atelier.
4. Termination
4.1 L3 Atelier may discontinue services if an amount payable to L3 Atelier is overdue or take down a website permanently in any case where an amount payable is overdue by more than 7 days. In any such event, you remain liable for the total cost of the contract including all disbursements; unless otherwise agreed between the parties.
5. Contents of Web Pages and Undertakings
5.1 You will be solely responsible for the content of your Web Page/undertakings. L3 Atelier is not responsible for proofreading any content unless specifically agreed.
5.2 L3 Atelier makes no representations to you concerning the content or functionality of your Web Site. This is your responsibility to ensure that it meets your requirements.
5.3 If you provide L3 Atelier with goods, material, photographs, film, data or information to be used in any form, you hereby warrant that these do not infringe the rights of third parties and indemnify L3 Atelier against any action taken against L3 Atelier by any such third party.
5.4 Without limiting the generality of the foregoing, you agree not to infringe the copyright trademark, privacy or personal or proprietary rights of third parties, supply libelous, abusive, obscene material or disparage the products or services of any third party.
5.5 L3 Atelier for its part hereby undertakes not to knowingly infringe the rights of third parties in activities conducted on your behalf.
5.6 You are solely responsible for dealing with persons who access your data or webpage and warrant that you will not refer complaints or inquiries in relation to such data to us.
5.7 You acknowledge that web design and development work does not include the tasks and jobs of SEO (Search Engine optimization) and W3C validation. These are seperate jobs and if you want these to be undertaken by L3 Atelier, you will have to agree with L3 Atelier in writing and will be subject to seperate and extra cost.
5.8 You acknowledge that any addition or extra work or SEO work carried out on your website at a later date in future arising due to new requirements will be subject to the same terms and conditions as the original project and as listed on this page.
6. Technical Support, Changes and Maintenance
6.1 Technical assistance will be offered via email. You acknowledge that all technical or support or maintenance queries will be sent by you via email to support@l3atelier.com
6.2 L3 Atelier reserves the right to place a message (including L3 Atelier logo) at the bottom of all pages of your website stating that the website was designed and developed by L3 Atelier. If you wish for this to be removed, please inform L3 Atelier via email. Please also note that this will end your technical support and no support will be provided by L3 Atelier after this once the website has been delivered and made LIVE.
7. Intellectual Property
7.1 All creation files remain the property of L3 Atelier.
7.2 L3 Atelier retains the Copyright in and the right to use all artwork created in advancing the profile of L3 Atelier and to be recognized for artwork created by L3 Atelier.
8. WEB HOSTING
(a) L3 Atelier provides annual hosting service to its clients with a minimum hosting term of 2 years. Our hosting includes website hosting on a shared server, domain management and regular website backups and management.
(b) Our annual shared hosting and management price is $560 + taxes per website. Inital contract is for a minimum period of 2 years. We offer discounted prices for extended hosting periods. Please contact us to get a personal quote on hostings required for more than 2 year periods. All hosting invoices have to be paid in advance.
9. CANCELLATION AND TERMINATION
(a) Cancellation of an agreed quotation or proposal or a hosting contract that has already initiated, must be communicated to L3 Atelier both by telephone and in writing (letter, fax or email).
(b) Once design work or the web hosting has commenced, the deposit is not refundable. Where the project is cancelled at your request, any costs accrued by L3 Atelier over and above the deposit will be invoiced to you and will be due and payable immediately.
(c) Where design work has been agreed to and the project is cancelled at your request and where the design work has not yet commenced, a termination fee of 25% of the agreed quotation or proposal or the total of costs accrued by L3 Atelier to date will apply (whichever is greater).
(d)(i) Works in progress can be postponed at your request. All outstanding costs to date will be invoiced to you and be payable immediately. There will also be an additional charge for re-allocating the design team in this case.
(d)(ii) Where you postpone a project in accordance with clause (d)(i) of this section, work will be restarted and completed at your instruction in accordance with the specifications of the original quotation.
(d)(iii) Notwithstanding clause (d)(ii) of this section, work resumed after postponement will be subject to cost revision. Work will not restart until revised costing (if any) has been agreed to in writing.
(e) L3 Atelier reserves the right to terminate services where (i) there are outstanding invoices, or (ii) there is a material breach of these terms and conditions.
(f) L3 Atelier will be entitled to cancel any agreement with you where you become insolvent, enter into voluntary arrangements with creditors, enter receivership or cease trading for any reason. This will be done without prejudice to any other rights or remedies available to L3 Atelier. Amounts owing will be invoiced and immediately due and payable.
(g) Minimum hosting contract period is for 2 years. In case of web hosting cancellation, please note that you are liable to pay for the complete hosting period that you initially placed the order for or a minimum of 2 years, whichever is smaller.