Johanna took a great brief, understood exactly what I wanted and made it so much better
-- Gary Betts, Sculptor
By placing an order with Orcadia Design, you confirm that you are in agreement with and bound by the terms and conditions below.
The Client: The company or individual requesting the services of Orcadia Design.
Orcadia Design: Primary designer/site owner & employees or affiliates.
Orcadia Design will carry out work only where an agreement is provided either by email, telephone, mail or fax. Orcadia Design will carry out work only for clients who are 18 years of age or above. An 'order' is deemed to be a written or verbal contract between Orcadia Design and the client. This includes telephone and email agreements.
Whilst every endeavour will be made to ensure that the website and any scripts or programs are free of errors, Orcadia Design cannot accept responsibility for any losses incurred due to malfunction, the website or any part of it.
The website, graphics and any programming code remain the property of Orcadia Design until all outstanding accounts are paid in full.
Any scripts, .CGI applications, .PHP scripts, or software (unless specifically agreed or open source) written by Orcadia Design remain the copyright of Orcadia Design and may only be commercially reproduced or resold with the permission of Orcadia Design.
Orcadia Design 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 the brief will be carried out at the discretion of Orcadia Design and where no charge is made by Orcadia Design for such additions, Orcadia Design 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 Orcadia Design all prerequisites required to complete the site to the agreed standard and within the set deadline.
Orcadia Design will not be liable for costs incurred, compensation or loss of earnings due to the failure to meet agreed deadlines.
Orcadia Design will not be liable or become involved in any disputes between the site owner and their clients and vendors and cannot be held responsible for any wrongdoing on the part of a site owner.
Orcadia Design 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 client’s appointed agents.
Orcadia Design will not be liable for any costs incurred, compensation or loss of earnings due to the unavailability of the site, its servers, software or any material provided by its agents.
Orcadia Design will not be liable for any costs incurred, compensation or loss of earnings due to the non-provision of data by the client or their suppliers.
Orcadia Design 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.
Where applications or sites are developed on servers not recommended by Orcadia Design, the client is expected to provide or seek any information, additional software, support or co-operation pertaining to the server required in order for the application to be correctly developed. Where large applications are to be developed, we will provide a suitable testing environment which is identical to the final production environment.
The client is expected to test fully any application or programming relating to a site developed by Orcadia Design before being made generally available for use. Where “bugs”, errors or other issues are found after the site is live, Orcadia Design will endeavour to correct these issues to meet the standards of function outlined in the brief.
We offer limited hosting services by buying server space from such web hosting vendors as we deem offer the best value at the time. The client accepts that the web hosting vendor has responsibility for providing the web hosting and hereby agrees to be bound by the web hosting vendor’s terms and conditions.
Whilst Orcadia Design recommends hosting companies to host websites, no guarantees can be made as to the availability or interruption of this service by Orcadia 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.
Orcadia Design makes every effort to ensure websites are designed to be viewed by the majority of visitors. Websites are designed to work with the most popular current browsers (e.g. Firefox, Microsoft Edge, Google Chrome, etc.). The client agrees that Orcadia Design cannot guarantee correct functionality with all browser software across different operating systems.
Orcadia Design cannot accept responsibility for web pages which do not display acceptably in obselete version or new versions of browsers released after the website have been designed and handed over to the Client. As such, Orcadia Design reserves the right to quote for any work involved in changing the website design or website code for it to work with updated browser software.
All Orcadia Design services may be used for lawful purposes only. You agree to indemnify and hold Orcadia Design harmless from any claims resulting from your use of our service that damages you or any other party.
All accounts are set up on a pre-pay basis. We accept payments via BACS (Bank transfer) (preferred) Cheque, Debit or Credit Card via PayPal and Stripe. Setup fees are charged for all new accounts that are paid on a monthly basis and major account changes and are non-refundable. All pricing is guaranteed for the term of pre-payment. Orcadia Design reserves the right to change prices at any time. Payment is due each anniversary month or period following the date the account was established. If 10 days have passed and payment has not been posted, the account will be suspended until further notice. The client is responsible for all money owed on the account from the time it was established to the time that the client notifies Orcadia Design to request termination of services.
A deposit payment is required before work is started. The remaining balance will be required upon completion and approval of the project.
Payment for training, further website development, support and maintenance will be billed on a monthly or package basis.
Please note that we accept the following payment options: cheque (UK only), money order in Pound Sterling, BACS bank transfer and PayPal (4% surcharge). Orcadia Design is VAT registered which will be charged at the rate prevailing at time of invoicing.
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.
Late payments will be dealt with under the provisions of the Late Payment of Commercial Debts (Interest) Act 1998 as subsequently amended. This will result in interest being charged on debts not paid within 30 days of the due date (public sector customers) and 60 days (other customers) at a rate of 8% above the bank of England base rate current at either the preceding 31st December (for 1st January – 30th June) or 30th June (for 1st July - 31st December). A fixed penalty will also be charged (£40 for debts up to £999.99, £70 for debts from £1000 - £9999.99 and £100 for debts of £10,000 and over). Any costs incurred in debt-recovery will also be charged to the customer. Non-payment will result in legal action being taken.
Once all amounts due to us from you are paid and cleared you are assigned the rights to use, as applicable, the products and services, including, the web site which includes the text, graphics, animation, audio components and digital components contained within the finished web site, in accordance with these terms and conditions.
No such rights as described in above will pass until all amounts due to us from you are paid. This means that we will have a lien over any service, products, data or information. If you have not paid the invoice in full within two months from the date of the invoice you agree that you will forfeit your rights.
The rights to photographs, graphics and any third party items such as source code, always remain the property of their respective owners.
Anyone who experiences a problem with their web service provided by Orcadia Design should raise the matter directly using our online contact form to do so, giving sufficient information to locate the material (such as a url) and clearly outlining the grounds for complaint.
Orcadia Design will approach the individual responsible for the material in question with a view to resolving the matter to the satisfaction of the complainant.
The formal complaints procedure should only be used where the complainant feels that the nature of the complaint is too serious to be dealt with informally, or where a satisfactory conclusion has not been reached after following the informal procedure.
A formal complaint should be made in writing to Orcadia Design, who will acknowledge receipt and ensure that the matter is looked into as soon as possible.
An initial response to any complaint can be expected within seven days of its receipt; a full and considered response to the complaint should be completed within 30 days and any subsequent remedy implemented with the minimum of delay.