These Terms and Conditions apply to all orders and supersede all others. Receipt of acknowledgement of order by you, constitutes your acceptance that our conditions are the only conditions that apply to the contract notwithstanding any purported terms put forward by you.
Websoft Dreams Ltd reserve the right to alter any details of products advertised without notice and while every effort is made to describe goods accurately in the advertisement no warranty is given as to accuracy and no responsibility will be accepted for error or mis-scription and any resulting loss.
2. QUOTATIONS AND CONTRACTS
2.1 Orders are accepted subject to our right to adjust prices quoted to take account of any changes in the law or Government regulations requiring us to increase prices by way of direct taxation, import duties, customs and excise duties or otherwise. The prices are based on today¹s current costs of production and in the event of any increase in wages or costs of materials to us occurring after the confirmation of accepted contract, we shall be entitled to charge such increases to you.
2.2 We reserve the right to amend prices without prior notice and all quotes and invoices are valid for a period of 14 days.
3.1 Where applicable all prices quoted are subject to VAT at the current rate.
3.2 These prices include VAT and delivery costs. The costs for shipment will cover once-only dispatch to the delivery address specified by the customer.
3.3 Price changes are liable to happen at any time, but these will not affect Products for which we have already sent you an Order Confirmation.
3.4 Websoft Dreams Ltd website contains a large number of Products and it is always possible that, despite our best efforts, some items may on occasion be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where a Product’s correct price is less than the stated price, we will charge the lower amount. If a Product’s correct price is higher than the price stated on our website, we will normally, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you of such rejection.
3.5 Websoft Dreams Ltd is under no obligation to provide the Product to you at the incorrect (lower) price, even after it has sent you an Order Confirmation, if the pricing error is obvious and unmistakable and could have reasonably been recognized by you as a ‘mis-pricing’.
3.6 Payment for all Products must be by credit card (MasterCard and Visa), debit card (Switch, Solo, Visa, Visa Electron and Maestro), Paypal, Bank Transfer or by Cheques
3.7 Payments made via bank transfer will require a confirmation before orders can be processed.
3.8 Payments via cheque will cause a delay of 3-5 working days until payment is cleared for orders to be processed.
3.9 Websoft Dreams Ltd will send invoices solely by email. By submitting an order the customer agrees to this form of invoicing. Payments will be due regardless of whether and when an invoice is issued.
4.1 Every effort will be made to deliver on time, but any delivery day specified is a best estimate and no liability is accepted for any loss arising from delay or error in the delivery of the goods. All deliveries will be charged at the prevailing rates applying at the date of such delivery.
Delivery date is dependent upon receipt and confirmation by Websoft Dreams Ltd of all data and payments by 9pm. The beginning of the delivery time has to be postponed until receiving it accordingly. The delivery period is specified in working days - Mondays to Fridays, excluding public holidays.
4.2 Special rush deliveries can usually be arranged but will usually be subject to additional charges (eg. rush print charges and rush delivery charges), which will be charged to you at current commercial rates.
4.3 Websoft Dreams Ltd accepts no responsibility of deliveries being missed due to late payments. It is the customers responsibility to ensure payment is made in full.
4.4 Websoft Dreams Ltd accept no responsibility of any loss due to late delivery caused by customer not being present at delivery address at the specified time of delivery.
5. QUANTITY CHANGES TO ORDERS
Any changes in quantity ordered must be made in writing to us prior to commencement of processing. Any increases in the order must be regarded as a separate contract unless written notification is received before work commences on the original order.
6. ARTWORK AND PRINTING
6.1 We will carry out all print orders solely on the basis of either Websoft Dreams Ltd creating the artwork or the print data sent by you. Error-free printing is not guaranteed in the case of differing data formats or other specifications.
6.2 You must carefully check the print data to determine whether it is suitable for the order before sending it to us. We will not check the print data for artwork supplied by the customer and the customer alone will bear the risk of any errors in the printed Products owing to incorrect data supplied.
6.3 At your express request, formats other than those specified in the customer information will be processed, where technically feasible. If errors occur as a result of using these formats, responsibility will be borne by the customer and not by Websoft Dreams Ltd
6.4 We can convert print data not sent in CMYK mode, but such conversion will be at the customer’s risk. Conversion of RGB data or ICC colour profiles will naturally result in deviations in colour from the original and, again, liability for these deviations will lie solely with the customer.
6.5 Delays in orders caused by errors in artwork received is the responsibility of the customer.
7.1 Claims arising from damages, delay or partial loss in transit must be made in writing to us, so as to reach us within 5 days of delivery.
7.2 All claims with regard to the quality or quantity of the goods shall be made in writing to us so as to reach us within 5 working days of receipt of goods or such goods shall be deemed to comply as to quality and quantity within the terms of the contract.
7.3 You must examine all goods delivered at the time of delivery. We shall not be liable for any loss arising from damage caused to the goods in transit unless loss or damage is noted on the delivery note at time of delivery.
7.4 Websoft Dreams Ltd requires any printing to be returned in full before agreeing to reprint. If Websoft Dreams Ltd deem the printing to be of sufficient quality, and within tolerance we reserve the right to return the goods and refuse a reprint or refund.
8.1 We Reserve the right to rectify defective work by reprinting and shall not be liable to refund.
8.2 If we offer to replace you must accept such an offer unless you can show clear cause for refusing to do so.
8.3 If you do opt to have work re-done by a third party without reference to us you automatically revoke your right to any remedy from us.
8.4 Defective work must be returned to us before replacement, if the subject work is not available we will assume that it has been accepted and no replacement will be provided.
8.5 Refunds will take 3 to 4 working days to complete once Websoft Dreams Ltd has agreed to refund. This cannot be completed any faster.
8.6 CANCELLATION CHARGES Please note that a 5% charge of the total value of the original order will be made on all cancelled orders plus a £10.00 charge to cover administration costs. Any costs incurred for work already carried out up to the date of written cancellation will also be charged for and deducted before any refunds are made.
9.1 Complaints must be made within 48hours of receiving your goods. Any complaints made after this time period are void of any right to refund or reprint.
9.2 Obvious defects in delivered goods must be reported to us within 2 weeks of receipt.
9.3 Complaints made solely because you have failed to heed the information on requirements for the print data cannot be raised. This shall apply in particular to printed matter that is based on RGB colours, and in which the resolution is too low or in which fonts that are not embedded are used.
9.4 Slight deviations in colour will not be regarded as defects.
9.5 Short or excess shipments of up to 10 % of the ordered print run that are customary in the trade must be accepted by you, provided they are reasonable. The supplied quantity will be charged.
10. OWNERSHIP, ARCHIVING, PROPRIETARY RIGHTS
10.1 The printing forms or carriers produced and used by Websoft Dreams Ltd to produce the goods will remain its property.
10.2 Websoft Dreams Ltd Products will be created solely on the basis of the customer’s content-related stipulations in the print data that has been sent. Websoft Dreams Ltd has no influence on the contents of the printed Products. You represent that you have all rights to use, disseminate and publish the data you have sent, in particular with regard to text and photographic material. You are liable for ensuring that the data you supply does not infringe proprietary rights of third parties and that the contents of printed matter do not violate the applicable law. You will indemnify us without reservation if claims are asserted against Websoft Dreams Ltd due to the infringement of the rights of third parties, in particular breaches of copyright, as a result of the use of the data provided by you.
11. FORCE MAJEURE
We will not be held responsible for failure or delay in the carrying out of our obligations under the contract arising from any cause outside our reasonable control or by inability to procure materials or articles except at higher prices due to any such cause and in such circumstances we shall be entitled by notice to terminate the contract in whole or in part without incurring any liability whatsoever to you.
The contract between ourselves the Company and the Customer shall be governed by and construed in accordance with English Law.
13.1 Save in so far as defects in the goods cause death injury or damage to personal property, our liability for any loss or damage suffered by you in respect of the goods shall be limited to the contract value of the goods.
13.2 Nothing in these terms and conditions shall affect the rights of a consumer.
13.3 If part of the delivery has defects, this will not authorize the customer to object to the entire goods.
14. OUR RIGHT TO VARY THESE TERMS AND CONDITIONS
14.1 Websoft Dreams Ltd has the right to revise and amend these terms and conditions from time to time.
14.2 You will be subject to the policies and terms and conditions in force at the time that you order Products from us, unless any change to these policies or terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to these policies or these terms and conditions before we send you the Dispatch Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Products).
By making any payment to Websoft Dreams Limited the client approves for work to commence based on the terms and conditions outlined below. This will be deemed as a contractual agreement between the client and Websoft Dreams.
Approval of the project
Important Approval for the work to commence and payment of the advance fee indicates that the client accepts the terms and conditions outlined in this document.
Payments made for special offers, either paritial or full payment, are non refundable.
Deposits for projects paid are non refundable.
The website concept is basically a design proposal discussed and presented to yourself before we start your Web Design. For high cost bespoke websites this is included in the quote provided however for smaller standard websites (below £1000) only one concept is provided unless previously stated. It is necessary that you inform us of preferred colour schemes and design requirements and if possible show us examples of websites you like. If you decide not to do this we will design the website to our standard however if it is not to your taste we will make minor amendments but will not be able to redesign the website without additional charges.
To ensure that your project is completed on time we require you to provide all content of the website when the project begins. On the occasion that we cannot complete your website because you have not provided the information we reserve the right to impose a surcharge of of up to 25%. If you agree to provide us with the content and fail to do so within four weeks we reserve the right to close the project and the balance becomes payable immediately.
We require content in a word document with the pages in the supplied documents corresponding to relevant pages on the website. The pages should have the same titles as the agreed website pages.
Where the client has provided the content including text and images they are legally responsible for this. It is up to the client to ensure the content does not infringe any copyrights. Images provided by Websoft Dreams for the Design of the website are purchased from licenced stock image suppliers and may not be used in publicity material by the website owner. If you wish to use any images from the site for other purposes please contact Websoft Dreams.
Domain Name Charges
Websoft Dreams recommends that the clients register their own domains so that they have full ownership of these. In the circumstance that Websoft Dreams agree to purchase the domain on behalf of the client all registration costs arising must be paid by the client.
Search Engine Optimisation
Websoft Dreams is not responsible for the on-going optimisation of your website. The ranking of websites on search engines is controlled by the search engines alone. We can optimise your website for this however we cannot guarantee the success of search engine activity.
Cancelling your project
Should the client wish to cancel at any point during the process they shall be liable for the work that has taken place. The initial deposit payment shall not be returned and if work carried out exceeds the deposit payment made then the client will be liable to pay the remaining amount.
Responsibility for Checking Spellings and Content
It is the responsibility of the client to check over the spellings and content once we have designed and input the content such as text and images and graphics. If there is incorrect spelling or graphics or any other part of the website then it is the responsibility of the cleint/customer to let Websoft Dreams know so that these can then be corrected.
The price quoted to the client is based on the project outlined. If the client decides that changes are required after work on the website comences then we will accept these changes providing additional charges are negotiated.
An advance of 50% of the total cost of the project is required before work can commence. After work commences this is non-refundable.
We require full payment of the website before we publish and upload your web pages. If payment is not received all previously published material will be removed from the server.
Accounts that have not been settled within 14 days of our final reminder will incur a late payment charge of 10% of the amount outstanding.
Once the website is complete and published this is accepted by the client as a fully functioning website. Additional support can be provided upon request however it is not guaranteed unless an ongoing support package has been negotiated.
Compliance with Regulations
All websites are designed according to the client’s specifications. It is the client’s responsibility to ensure that the website and its content comply with standing regulations. We cannot accept responsibility for any failure to comply with regulations related to accessibility, selling online or those related to a specific business or trade.
All graphics and web pages are the content of Websoft Dreams. Should the client wish to move the website to a different hosting environment a license can be provided for the client to move standard websites to a different server at a cost of 50% of the initial development cost. Our websites with our Content Management System (CMS) and integrated database(s) including e-commerce sites are the property of and copyrighted to Websoft Dreams Limited and therefore nontransferable.
By agreeing to these terms and conditions your statutory rights are not affected.
Websoft Dreams Limited reserves the right to change or modify any of these terms or conditions at any time. Should clarification of any of the above be required please contact us.