Our terms of business
Definitions
The Client is the company or entity requesting services from Vapour Trail Ltd.
Vapour Trail is employees, directors and partners of Vapour Trail Ltd.
General
Vapour Trail will carry out work only where an agreement is provided either by email, telephone, mail or fax. An agreement is a written or verbal contract between Vapour Trail and the client, which includes telephone and email agreements.
Website Design
Vapour Trail takes pride in it’s work and will always endeavor to produce websites which work as intended and are constantly available. However Vapour Trail cannot guarantee perfect performance and hence cannot accept responsibility for any losses incurred due to malfunction of the website.
The website, graphics and any other work remain the property of Vapour Trail until all outstanding accounts are paid in full.
Vapour Trail retain intellectual property rights over all work it produces. Any website code, scripts, cgi applications or other software written by Vapour Trail remain the copyright of Vapour Trail and may only be reused with the permission of Vapour Trail.
Vapour Trail 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.
Any additions to briefs provided will be carried out at the discretion of Vapour Trail and where no charge is made by Vapour Trail for such additions, Vapour Trail accept no responsibility to ensure such additions are error free and reserve the right to charge an according amount for any correction to these or further additions.
The client agrees to make available as soon as is reasonably possible to Vapour Trail all materials required to complete the site to the agreed standard and within the set deadline.
Vapour Trail will not be liable for costs incurred, compensation or loss of earnings due to the failure to meet agreed deadlines although every effort will be made to meet such deadlines.
Vapour Trail will not be liable or become involved in any disputes between the site owner and their clients and cannot be held responsible for any wrongdoing on the part of a site owner. eg. Any disputes re content/images that have been provided to us for inclusion on the site.
Vapour Trail will not be liable for any costs incurred, compensation or loss of earnings due to the work carried out on behalf of the client or any of the clients appointed agents.
Vapour Trail will not be liable for any costs incurred, compensation or loss of earnings due to the unavailability of the website, its servers or software.
Vapour Trail reserves the right to request a deposit before commencing work. The precise amount will be stated on the quotation.
Once a website has been designed and completed the final balance of payment is then due in accordance with our payment terms. There are no exceptions to this, i.e If the client decides they no longer want the site, as they have commissioned the work and paid a deposit they are still obliged to pay for the work that has been done. Non payment will result in legal action being taken if necessary.
Database, Application and E-Commerce Development
Vapour Trail cannot take responsibility for any losses incurred by the use of any software created for the client. Whilst every care has been taken to ensure products are problem free and accurate, the ultimate responsibility lies with the client in ensuring that all software is functioning correctly before use.
The client is expected to fully test any application or programming relating to a site developed by Vapour Trail before being made generally available for use. Where “bugs”, errors or other issues are found after the site is live, Vapour Trail will endeavor (but is not obliged to) to correct these issues to meet the standards of function outlined in the brief.
Compatibility
Vapour Trail will endeavor to ensure that any developed/designed site or application will function correctly on the server on which it is originally delivered. The website will be checked for compatability with the latest versions of Internet Explorer, Firefox, Safar and Opera. Compatability with other browsers cannot be guaranteed.
Website Hosting
Vapour Trail uses high quality hosting services but no guarantees can be made as to the availability of these services. Vapour Trail cannot accept liability for losses caused by the unavailability, malfunction or interruption of this service, or for loss of turnover, sales, revenue, profits or indirect, consequential or special loss.
Vapour Trail reserve the right to refuse to handle in any way, material which may be deemed offensive, illegal or in any way controversial.
Payment of Accounts
A deposit may be required from any client before any work is carried out. The amount will be specified in the quotation.
Once a deposit is paid and work completed you are obliged to pay the balance of payment in full. We will contact clients via email and telephone to remind them of such payments if they are not received when due.
In most cases there will be an initial charge for the work in creating and deploying the website. Thereafter a monthly hosting and support charge will be made at a rate determined in the quotation. Vapour Trail may review this monthly amount in the light of inflation, change in nature of website, or other factors.
Vapour Trail expects that customers will pay promptly for the services provided. This should be on reciept of the invoice. Should payment not have been received by 30 days after the invoice is raised, Vapour Trail reserves the right to withdraw services until payment is received.
If accounts are not settled or Vapour Trail have not been contacted regarding the delay, access to the related website may be denied and web pages removed. If agreement cannot be reached, Vapour Trail may then persue a legal remedy.
When creating a new website, Vapour Trail will build the website in a development space. This will enable the customer to see the work, but the new website will not be visible to the public. When confirmation from the customer is received that the website is ready for public launch, Vapour Trail will invoice the agreed sum for the creation of the website. When payment of the invoice is cleared to Vapour Trail’s bank account, the website will be launched to the public.
Complaints Procedure
Should there be a problem with any of the services provided by Vapour Trail, the client should raise this with their normal contact who will seek to remedy the problem.
If the client feels the problem is serious, the they should make a written formal complaint to the address on the Vapour Trail website.
Vapour Trail will seek to deal with all complaints as rapidly as possible and will provide updates to the client whilst any problem is solved.