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These conditions apply to all present and future transactions for the supply of services and/or goods by Playaz to the exclusion of any terms and conditions stipulated by the Customer in any other agreement.

  1. Playaz Design and it's website www.visioncreation.co.uk is the trading name of Paul Inkles
  2. All artwork created or amended by Playaz design remain the property and are ┬ęcopyrighted to Playaz design unless arrangements have been made to include the ┬ęcopyright prior to being invoiced and until such time as they are paid in full
  3. Material on any site or web page designed by Playaz Design may not be copied, reproduced, republished, downloaded, posted, broadcast or transmitted in any way unless otherwise stated. All material is the ┬ęcopyright of Playaz Design unless otherwise stated within the site and/or contract.
  4. Website invoice schedules will be stated in the business proposal. The final invoice will be issued and dated from the day the site goes live*, and payment is required within 30 days from the final invoice date unless otherwise stated.
  5. Playaz Design cannot be held responsible for any typo errors within a site or pages designed or amended by Playaz Design. Clients are required to proof the site pages before the pages are made live*.
    *Live is the time at which the client accepts that the design work is good to make it publicly accessible by use of the internet.
  6. Acceptance of a quotation or service provided by Playaz design does not require written confirmation as both verbal or email confirmation is also accepted by Playaz design.
  7. The responsibility for the content of any artwork, whilst guidance on legalities can be given by Playaz design, remains solely with the client. Playaz design will create any artwork the client requires whilst holding the right to refuse to do any artwork that Playaz design believes to be or may be of an illegal or libellous nature or an infringement of the proprietor or other rights of any third party. After that, the client agrees to hold all responsibility for ensuring that the artwork follows any legal guidelines or requirements.
  8. Playaz design assumes The Client has permission from the rightful owner to use any images or design elements that are provided by The Client for inclusion in the website, and will hold harmless, protect, and defend Playaz Design from any claim or suit arising from the use of such elements.
  9. Playaz Design retains the right to display graphics and other Web content elements as examples of their work in their portfolio and as content features in other projects. Playaz Design also retains the right to place a link at the bottom of any created website page(s).
  10. Playaz Design shall be indemnified by the Customer in respect of any claims, costs and expenses arising out of any libellous or illegal matter or any infringement of copyright, patent, design or of any proprietary or personal rights contained in any material produced for the Customer. The indemnity shall include (without limitation) any amounts paid on professional advice in settlement of any such claim.
  11. Playaz design shall be entitled to invoice the Customer for all work undertaken on or at any time after payment shall become due.
  12. Payment shall unless otherwise agreed in writing be made in full without any deduction or set-off within 30 days of the invoice date.
  13. Should the Customer change, reject, cancel or stop any or all of the provisions contained in the quotation then Playaz design shall be entitled to charge for all or any work already carried out including labour, materials used or specifically ordered on the Customer's behalf and any other additional costs including storage.
  14. While Playaz design makes reasonable endeavours to carry out its obligations, Playaz Design shall not be liable in contract or tort or under any head of legal liability for any damages costs claims expenses or interest arising out of the performance or alleged non-performance of work to be undertaken in accordance with the quotation or these terms and conditions by Playaz Design and in particular (without limiting the foregoing) shall not save where otherwise required by law or Order of the Court accept liability for:
    (a) consequential loss or damage of any kind including loss of turnover, sales, revenue or profits unless the type of loss or damage was specifically drawn to the attention of Playaz Design at the date of the quotation. (b) any claim for an amount in excess of the agreed price.
  15. Whilst Playaz design can and will offer advice on any third party marketing platforms such as Google Adwords, Facebook, Twitter Etc. Playaz design shall not be held liable for any loss of earnings or damages as a result of any advice or help.
  16. Insofar as is permitted by law where work is defective for any reason, including negligence, Playaz Design's liability (if any) shall be limited to rectifying such defect. Where Playaz Design performs its obligations to rectify defective work under this condition the Customer shall not be entitled to any further claim in respect of the work done nor shall the Customer be entitled to treat delivery thereof as a ground for repudiating the contract, failing to pay for the work or cancelling further deliveries.
  17. Playaz Design shall not be liable in respect of any shortage or failure to supply service where such shortage of or failure is due to act of God or any other reason beyond the control of Playaz Design and Playaz Design in such circumstances will not be liable in respect of any consequential loss to the Customer. This also includes any loss of revenue caused by any of our provided hosting server downtime. No guarantees can be made as to the availability or interruption of this service. Playaz Design 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. Playaz Design recommend that all our clients take out private insurance to cover such losses.
  18. Whilst Playaz Design will offer the client the option of email accounts using their allocated hosting space in the form of webmail. Playaz Design cannot accept liability for loss of email caused by any malfunction or interruption of this service, or for loss of turnover, sales, revenue, profits or indirect, consequential or special loss. Playaz Design will recommend specialist 3rd Party email clients whether as a backup system or as a primary emailing platform.
  19. Playaz Design's main and preferred method of communication is via email, it is the responsibility of the client to ensure that any email addresses supplied to Playaz Design for communication are maintained, monitored and set to keep Playaz Design's emails from of their "junk mail" folder. Also, any change of email address should be supplied to Playaz Design in order to maintain proper contact with the client. Playaz Design shall not be liable in respect of any shortage or failure to supply service where such shortage of or failure is due to poor email monitoring/setup by or on behalf of the client.
  20. The risk in all goods and services delivered in connection with the work shall pass to the Customer on delivery.
  21. Goods or services supplied by Playaz Design remain Playaz Design's property until the Customer has paid for them and discharged all other debts owing to Playaz Design.
  22. If the Customer becomes insolvent (as set out in clause 26) and the goods or services have not been paid for in full, Playaz design may take the goods and or services back and, if necessary, enter the Customer's premises to do so or to inspect the goods.
  23. Until ownership of the goods has passed to the Customer Playaz design may at any time require the Customer to return the goods to Playaz design. In default thereof Playaz design shall have an irrevocable Licence to enter the Customer's premises to recover the goods and sever the goods from anything to which they are attached without being responsible for any damage caused. Such return or recovery shall be without prejudice to the obligation of the Customer to purchase the goods.
  24. If the Customer shall sell any goods or services before they have been paid for in full he shall hold the proceeds of sale on trust for Playaz design in a separate account until any sum owing to Playaz Design has been discharged from such proceeds.
  25. Playaz Design shall not accept liability for any claim whatsoever unless within seven days of the supply or in the case of any defect not reasonably discoverable at the date of the supply within seven days after the date of discovery of the defect by the Customer the Customer gives Playaz Design notice in writing of the matter or thing in respect of which claim is made. If notice is not given as aforesaid the Customer shall be deemed to have accepted the supply and shall pay for the same accordingly.
  26. Without prejudice to other remedies, if the Customer becomes insolvent (that is if it is unable to pay its debts or has a winding up petition issued against it or has a receiver, administrator or administrative receiver appointed to it) Playaz design shall have the right not to proceed further with any work for the Customer and shall be entitled to charge for work already carried out (whether completed or not) and material purchased for the customer, such charge to be an immediate debt due to him Any unpaid invoices shall become immediately due for payment.
  27. Customers' property and all property supplied to Playaz Design by or on behalf of the Customer shall, while it is in possession of Playaz Design or in transit to or from the Customer, be deemed to be at Customer's risk unless otherwise agreed in writing and the Customer should ensure accordingly. All costs of returning Customers' property to the Customer shall be payable by the Customer.
  28. Websites created by Playaz Design are tested and built to be compatible with Internet Explorer 7 and later versions but are not guaranteed to be fully compatible with any outdated browser such as IE6 and previous as we endeavor to maintain a healthy balance between modern website design and browser compatibility.
  29. These conditions shall be governed by the law of England and Wales.

Use of this site or confirmation of work request constitutes your acceptance of these terms and conditions which take effect on the date which you first use the site or make a work request both electronically or verbally.

These Terms and Conditions do not affect your statutory rights and can be changed as deemed necessary, in doing so the following date will be notification of changes to the documentation.

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