Terms and Conditions for web site design.

1. Design Contract Specifications.

a) Specifications shall be agreed and signed off by both parties before agreement of the design fee.

b) Amendments or additions to the specifications shall only be by mutual agreement, and Nitro Digital Communications shall reserve the right to adjust the previously agreed fee subject to the conditions of payment below. The amendments must be in writing and signed by both parties.

c) The specifications shall detail, inter alia,

i) the number of pages or the parameters within which the number of pages shall fall,
ii) the draft content of the text, and the arrangements for the signing off of the final text,
iii) the extent of any pictorial or graphic content,
iv) the extent of any animated element of such pictorial or graphic content,
v) the source of any such artwork, photographs or graphics,
vi) any issues of copyright arising from the use of any such artwork, photographs or graphics,
vii) the draft layout of the page(s), and the arrangements for the signing off of the final layout,
viii) indemnities and insurance against breach of copyright following the use of material(s) supplied by, or on behalf of, the client,
ix) the accreditation of Nitro Digital Communications within the finished design, including the use of their logo.

d) The design stage shall be deemed to be concluded at such time as the contract is fully performed by Nitro Digital Communications.

2. Service Contract Specifications.

a) Specifications shall be agreed and signed off by both parties before agreement of the service fees.
b) Amendments or additions to the specifications shall only be by mutual agreement, and Nitro Digital Communications shall reserve the right to adjust the previously agreed fees subject to the conditions of payment below. The amendments must be in writing and signed by both parties.
c) The specifications shall detail, inter alia,

i) the period of the contract,
ii) the period of any scheduled servicing,
iii) the extent of any scheduled servicing,
iv) the limits on new design to be covered as servicing rather than the subject of a new design contract,
v) the limit of such tasks as shall be deemed to be within the service contract,
vi) disclaimers and indemnities against failure of hardware or software following unauthorised or inappropriate use of, or changes to the website by the client out with the contract,
vii) disclaimers and indemnities against breach of copyright following unauthorised or inappropriate use of, or changes to the website by the client out with the contract,
viii) disclaimers and indemnities against litigation following unauthorised or inappropriate use of, or changes to the website by the client out with the contract.

3. Warranties.
a) No warranties or guarantees are offered or made on web page design.
b) Goods or services are not offered on a trial basis.
c) Prices and manufacturer’s specifications on software, supplied by Nitro Digital Communications, are subject to change without notice. Minor specification variations shall not entitle the purchaser to rescind the contract. Prices may change due to currency fluctuations.
d) Claims against damage, non-functionality and wrong delivery must be made within seven days of receipt.
e) Software is supplied subject only to the manufacturer’s warranties and guarantees.
f) Nitro Digital Communications do not warrant the suitability of software for any particular purpose (specifications, suitability and warrantees should be resolved with the manufacturer before purchase).
g) Returns shall only be accepted in stock condition, without damage or change by client, and authorised by Nitro Digital Communications.
h) A restocking fee shall be charged on returns that prove to be non- defective.
i) The purchaser shall be responsible for ensuring the safe delivery of any returned software,
j) Nitro Digital Communications shall not be liable for any consequential loss or expense, howsoever caused, including returns cost.

4. Ownership of Intellectual Property.
Intellectual property supplied by Nitro Digital Communications stays the property of Nitro Digital Communications even after payment. Any Graphics used in customer logos created by Nitro Digital Communications stays the property of Nitro Digital Communications even after payment.

Copyright and all other intellectual property rights which can or may arise as a result of work performed by Nitro Digital Communications remains the property of Nitro Digital Communications. Nitro Digital Communications agrees to grant a licence to you to use work performed by it solely for the applications set out above, unless so authorised by Nitro Digital Communications in writing. Until the fee is received in full by Nitro Digital Communications and the proceeds of any cheques are met on presentation, you agree that you will not use any work produced by Nitro Digital Communications.
Any advertising must comply with the Trade Descriptions Act 1968 and 1972, the Consumer Protection Act 1987 or any other applicable regulation. Nitro Digital Communications customers shall be responsible for and shall indemnify Nitro Digital Communications against all losses, damages, costs and expenses by reason or on account of any libel or any infringement of copyright due to copy and/or photographs supplied by you to Nitro Digital Communications. In the event that Nitro Digital Communications is found liable to pay damage, costs or expenses, you will be liable to pay the same to Nitro Digital Communications.

5. Payment.
a) A minimum of 50% of the agreed fee shall be paid (and cleared if by cheque) before work on web page design commences.
b) Should an agreed amendment or addition to the design specifications give rise to an increased fee, a minimum of 50% of said increase shall be paid before any additional design work commences, except at the sole discretion of Nitro Digital Communications.
c) Should a contract for the design of web pages be cancelled at any stage during the design process, the initial minimum deposit of 50% is non-refundable, except at the sole discretion of Nitro Digital Communications.
d) The balance of the total fee shall be paid in full before such pages are released for publication on the Internet or within 30 days, which ever the sooner.
e) Payments for service contracts on web pages shall be paid in advance and in full, at such intervals as specified in the contract.
f) Payment for the purchase of software shall be on delivery if by cash, and in advance if by cheque, with delivery on clearance of the cheque.
g) Once confirmation has been given from the client either vocally or in writing that the project has been recognised as being fully completed and approved, no cancellation is possible and full payment must be made as per our web design terms and conditions.

Dated: 1st Jan 2009