Terms and Conditions

1. Agreement
a) The terms and conditions herein applies to all good and services supplied by Net Visuals (UK) of Church Terrace, Tarbert, Argyll, PA29 6UR.
b) We may at times convenient to us change these terms and conditions without prior notification. Please ensure you read these prior to every order or renewal of service.
c) A contract only exists between you, the customer and us, the supplier after we have provided a written quotation or you have agreed the price of sale of goods either by committing to an online transaction or by written acceptance of one of our quotes.
d) Upon completion of an order by any of the methods described in 1c you will be sent an email confirming the services or products purchased along with an order number and final value to be paid.
e) Some purchases may require a deposit or payment in full prior to processing your order. If this is the case you will be notified in writing with your order details or during the order procedure.
f) You have the right to cancellation subject to section 2.

2. Cancellation
a) You have the right to cancel your order within 7 working days from the date and time of the agreement.
b) If your order is for web services or web design you may be liable to contribute payment to any work undertaken during this period.
c) In the event of a cancellation in relation to 2b you will be provided with all content on CD media developed specifically for you during the affected period.
d) You must notify us in writing within 7 working days of your cancellation by email, fax or letter clearly stating the products and services you no longer require and your order number.
e) Net Visuals are not responsible for undelivered email, faxes or mail and reserve the right to reject cancellation if not received within 7 working days.

3. Price and Description of Goods
a) The prices quoted are specific to the content agreed at the time of the contract.
b) Additional requests out with the itemised quoted in the contract may incur additional charges. This will be charged at the Net Visuals standard rate at the time of the agreement.
c) Delays in the completion of work are not subject to a discount or reduction in price.

4 Service Delivery
a) Your services will be registered for the name and address details given at the time of order.
b) With specific regard to web sites, Net Visuals creates solutions that work as part of the Net Visuals service framework. If at any time a web site is hosted by a third party other than Net Visuals this may result in non-functioning of some elements of the web site.
c) Where 4(b) specific regard pertains to shared database data and file system as developed.
d) Where 4(b) and the customer requests transfer and supply of a web site to a third party, charges may apply in supplying the latest versions, dynamic data and source code (excluding access details) to the proposed third party.
e) Where 4(d) Net Visuals, depending on the services supplied, subject to additional charge, will ensure that your web site functions correctly with a third party host.
f) Where a third party host is employed all local services such as email, visitor statistics and search engine submission software cease to work and no refund for these annual services is available. Transfer of a web site designed by Net Visuals to a third party host or provider may result in significant performance loss.
g) All services unless otherwise stated are renewed on an annual basis and will be renewed automatically.
h) Where (g) the customer must notify Net Visuals of cancellation of a service or services no later than 30 days prior to the renewal date. Failure to do so will result in the renewal of services at a cost to Net Visuals and no refund will be available except in exceptional circumstances at the discretion of the supplier and Net Visuals.
I) An invoice for the renewal of services will be sent to the contact details supplied at the time of the contract not earlier than 30 days and no later than 14 to the service renewal date.

5 Payment
a) Goods and services can be paid by cheque, Internet banking / direct balance transfer or by bankers draft.
b) Payment must be made at the time of purchase unless another expressed written agreement exists with Net Visuals. Payment terms are specified within the contract.
c) Credit terms can be arranged prior to contract agreement with the expressed agreement of both parties.
d) Payment for goods and services as per this agreement must be made in full within 30 days from the date of completion, which is also the invoice date.
e) Net Visuals may request part payment for goods or services on occasions where goods or services must be purchased in order to carry out the contract.
f) Net Visuals may request payment for travel, accommodation or other expenses prior to booking or using third parties for the purpose of the business objects or contract.
g) Where 5(e) and 5(f) the customer will be sent an itemised invoice for the costs incurred where pro forma payment is requested. Any delay by the customer in payment may result in the delay of goods or services to the customer without financial penalty to Net Visuals.
h) Failure to make payment as per the conditions here in may result in actions specified in sections 10(a) and 10(b).

6 Guarantee
a) All goods and services are under warranty from the date of order for a period of 1 year.
b) Goods and services are subject to updates in line with third party requirements and as such may require additional amendments and code updates in the future to ensure continual compatibility with services and software.
c) If goods or services develop a fault whilst under warranty you must notify us immediately and notify us of the problems. Due to the nature of services refunds for any fault are unlikely in most circumstances however it will be Net Visuals responsibility to ensure any fault is resolved within the bounds of the works agreement.

7 Liability Limitations
a) Net Visuals do not accept any liability for loss, financial or other, or damage as a result of goods and services supplied to you, the customer. All products and services are purchased as described and for the purpose therein.
b) Liability is not limited for death by negligence by Net Visuals within the terms and conditions of this agreement.

8 Data Protection & Confidentiality
a) Net Visuals will take all reasonable precautions to keep the details of your order, payment details and personal information secure and restricted to key personnel. Your personal information will not be given to any third party prior to your given written agreement or consent.
b) This agreement creates a confidential relationship between Net Visuals and the customer. Information concerning business, finance, methods of operation and all other contract specific items, both orally and in writing is regarded as confidential unless stated otherwise and will be treated as such by Net Visuals.

9 Product Images and Templates
a) Product and Service Images and Templates may differ from the actual ones displayed in published material or on our website and will be subject to change without our prior notification.
b) Where possible you will be notified that the image or service will be different from usually displayed.

10 Non Payment
a) As a result of non-payment or a failure to make an agreed payment, Net Visuals may suspend a service or recover products purchased. You may be liable for court costs in the event of dispute.
b) Any dispute arising from the contract existing between you, the customer and Net Visuals, the supplier, will be dealt with under Scottish Law and Scottish courts unless otherwise agreed with Net Visuals prior to legal action.

11 Web Site Design Copyright
a) Artistic license and copyright of any design supplied by Net Visuals remains with Net Visuals. You, the customer, are not permitted to imitate, copy, distribute or modify unless clear written permission is granted by Net Visuals to do so.
b) Where 11(a) refers to modifying, modifying is granted where the text and image content must change to reflect changes to the business objects to deliver up to date information subject to Net Visuals permission.
c) The design cannot be modified without the express written permission of Net Visuals prior to modifications.
d) Net Visuals does not reproduce or copy web sites, not do we use standard templates. Each web site is developed from a blank canvas bespoke to each customer. Any similarity to in part or whole, structurally or graphically is completely coincidental.
e) Net Visuals is permitted to duplicate any design for any customer at any time without notice.
f) Where 11(e) Net Visuals will not apply user supplied content, contracted services, branding, or corporate identity from the duplicated design.

12 Photography Copyright
a) Artistic license and copyright of any images supplied by Net Visuals remains the property of Net Visuals at all times. You, the customer, are not permitted to use, imitate, copy, distribute or modify unless clear written permission is granted by Net Visuals to do so.
b) Where 12(a) refers to use, if Net Visuals has been hired for photographical services as part of the contract a copy of the digital images will be supplied to you for use in associated web sites and printing for the promotion and advertising of your business.
c) Referring to 12(b), you may not at any time sell the images for personal profit, or supply the images to a third party where that third party makes a direct profit as a result of the sale or use of image, examples include books, newspapers and magazines.
d) Net Visuals may at such time use the images taken to supply the national press and publications, for use in Net Visuals portfolio of general web sites and directories, and sell licensed for single use to third parties at various times.
e) Referring to 12(d), at any such time that an image is required or intended to be used in any method described herein, you the customer will be approached for permission before any sale or other use out with the business objects of the contract.
f) Each image taken is available for ownership at the price in the contract.
g) Where the customer purchases images outright, Net Visuals will retain a backup of the image supplied in the event of loss or misplacement. All ownership rights would therefore be signed across to the customer exclusively.
h) Images taken through a Net Visuals customer cannot at any time be sold to a third party at any time other than single license use as described herein. Ownership of contracted photography and subsequent images cannot be passed to a third party at any time. Rights to ownership exist with only Net Visuals and the customer.

13 Annual Services
a) Renewal of services such as hosting and domain names are invoiced on an annual basis.
b) Failure to pay within the invoice term may result in the loss of ownership of domain names, the cancellation of necessary services, and downtime of your web site.
c) Referring to 13(b), where failure to pay for the annual hosting occurs for a lengthy period and Net Visuals suspends the hosting service until received payment, the position of your web site within search engines may be detrimentally affected. Net Visuals accept no responsibility for the loss of business or detriment to your web site as a result of non-payment of invoices.
d) Where a customer does not or is unable to pay for a domain name, the domain name becomes the legal property of Net Visuals until payment is received in full or until the customers outstanding account balance is cleared.

14 Google Analytics
a) Net Visuals utilises Google Analytic services to monitor and gather non-personal and non-person-specific information and data to pass on additional benefits to our customers.
b) Google Analytics does not have any negative effect on the operation of your web site, it does not affect the operating speed of your web site and it does not infringe on visitor privacy.
c) Net Visuals installs Google Analytics on all new customer web sites, you must specify in writing prior to commencement and agreeing the contract if you do not want to allow Google Analytics.

15 Content Provision & Testing
a) It is the responsibility of the customer to provide text content and in some cases images for the web site. The contract will specify the responsibilities of both parties for content.
b) During the development of a web site some testing will be required on the part of the customer to ensure everything is satisfactory before the contract is signed off as complete.

16 Lead Times
a) Any lead times quoted are a projected estimate and Net Visuals works to keep to these timescales.
b) Referring to 16(a), any lead times for the purposes of the contract do not include delays whereby the provision of content by the customer is not forthcoming in reasonable timescales, delays where by weather affects the ability to undertake photography, or for acts out with the power of Net Visuals such as illness, emergencies, technical difficulties or loss of data where responsibility lies out with Net Visuals liability or prevention.
c) Late changes in content and design instigated by the customer or by Net Visuals for the better of the goods or services provided may add significant delays to the original quoted lead times without financial penalty to Net Visuals.

17 Expenses
a) Any travel expenses incurred during preliminary discussions, or during the contract agreement will be fully reclaimed.
b) Where 17(a) all third party expenses such as bus, train, plane, ferry or accommodation shall be recovered at cost by Net Visuals from the customer additional to any quote or contract supplied
c) Where 17(a) and private transport is used the customer will be charged per mile at the current rate identified in the contract.
d) Net Visuals may charge for travel time and administration out with the contract, to include travel delays and other acts out with the control of Net Visuals, and communication including dispute resolutions or the provision of documents and or data out, during or out with the contract time frame.

18 Vehicle Liability
a) Where Net Visuals provides private transport to and from the customers location, with particular note to Argyll and other areas of rough terrain, the customer accepts liability for damage caused from poorly maintained roadways to a private vehicle entering that estate where that road is not classed as an A or B road, not withstanding personal driver error.
b) It is the customer’s responsibility to identify poor terrain to Net Visuals to avoid difficulties and damage, and to allow Net Visuals to choose an appropriate vehicle of vehicles for the location if available.
c) Transport may be required from the termination of an A or B road at the discretion of Net Visuals.
d) Where 1(a) occurs the customer accepts full financial liability.

19 Cost Reductions
a) During the supply of services and work in the event that the cost is reduced these savings will be passed on to you, the customer.
b) Where 19(a) Net Visuals will notify you of any reduction in the final invoice.

20 Advertising
a) Where a person or business lists data without charge or for a fee on any of Net Visuals web sites they are classed as advertisers for the purposes of this document and legal position.
b) Where a person or persons acts in a way which is defamatory, detrimental or damaging to a web site provided by Net Visuals any content in relation to the advertiser may be removed at any time without notice and without refund.
c) Permission must be requested in writing to link to data or imply that any data on any of Net Visuals web sites belongs to the advertiser. Failure to secure prior written permission may result in the suspension or removal of any content or web services provided to the advertiser.
d) Each web site supplied by Net Visuals is age rated – universal, parental guidance, 15 or 18. Failure to abide by the age rating in advertising services and products may result in the removal of advertising without notice and without refund at any time.
e) Advertising is for a period of one year only. There is no implied continuation from year to year with any advertiser. Net Visuals can allocate space with any advertiser where space becomes free due to the expiration of an advertising contract. An invoice from Net Visuals sent after expiry is an invitation to renew. Any space at the time of renewals will be allocated on a first come, first served basis.

21 Links
a) Where a customer wishes to link their business cards or any other business material to a web page provided by Net Visuals on any web site permission must first be granted by Net Visuals.
b) We may at any time include our customers in other web sites developed by us at no cost. Our customers may at any time give us written notice to remove their details from any of these web sites at any time.
c) Where a customer links using a third party service to any web page or facility provided by Net Visuals without prior written agreement by Net Visuals, this is a breach of our terms and we are permitted without notice to suspend any services supplied to the customer.

22 Design & Media
a) Copying, duplication and distribution of any element of design, media or content from this and other Net Visuals web sites for personal or commercial use is strictly prohibited.
b) Any person or business wishing to use any content or media from this and other web sites should put a request in writing (email is accepted). Net Visuals reserves the right to charge rates as appropriate and comparable to other quotations or industry standard business fees.
c) Where the media is provided by a third party to the web site, any restriction will be displayed clearly and credits applied. Copying, duplication and distribution are strictly prohibited. Where permission in writing has been granted by the third party, media can be supplied, a processing fee may be charged.

Last Updated: 25 March 2009