Website terms of use

This website http://www.gillaroo.biz is operated by Gillaroo Design Ltd - Registered Office: 20 Havelock Road, Hastings, East Sussex TN34 1BP.­ Registered in England No 4585352.

The entire content of this website is Copyright of Gillaroo Design Ltd which retains all rights in respect of any or all of the material. The contents of this website may be printed for personal informational use as long as the Copyright notices are also reproduced. The content may not be re-distributed, re-sold, reproduced, stored in a retrievable system or transmitted in any form by any means, electronic, mechanical, for photocopying, recording or otherwise, without prior permission of Gillaroo Design Ltd. Any infringements will be rigorously pursued.

Disclaimer

The documents and related graphics published on http://www.gillaroo.biz may contain technical inaccuracies or typographical errors. Changes are periodically made to the information herein. Gillaroo Design Ltd may make improvements and/or changes to the information and services described herein at any time.

In no event shall Gillaroo Design Ltd be liable for any special, indirect or consequential damages or any damages whatsoever arising out of or in connection with the use of information available on http://www.gillaroo.biz

Links to Third Party Sites

This site http://www.gillaroo.biz includes links that will allow you to leave the site. These linked sites are not under the control of Gillaroo Design Ltd and Gillaroo Design Ltd is not responsible for the content of any linked site or any link contained in a linked site, or any changes or updates to such sites. Gillaroo Design Ltd is not responsible for webcasting or any other form of transmission received from any linked site. Gillaroo Design Ltd is providing these links only as a convenience, and the inclusion of a link does not imply endorsement by Gillaroo Design Ltd of any site.

Governing Law

Use of this site means you agree to the terms and conditions of use of this website, which constitutes a contract governed by English Law.

Collection of Data

Gillaroo Design Ltd gathers data in accordance with the Data Protection Act 1998. We only distribute your data within Gillaroo Design Ltd and to no other external organisations except with your express permission.

Accessibility

The website aims to comply with Priority One of the guidelines set out by the Web Accessibility initiative.

General Terms and Conditions

The following Terms and Conditions of Service apply to all products and services provided by Gillaroo Design Ltd.

All work is carried out by Gillaroo Design Ltd on the understanding that the client has agreed to Gillaroo Design Ltd's terms and conditions.

Copyright is retained by Gillaroo Design Ltd on all design work including words, pictures, ideas, visuals and illustrations (unless specifically released in writing) and after all costs have been settled.

If a choice of design is presented, only one solution is deemed to be given by Gillaroo Design Ltd as fulfilling the contract. All other designs remain the property of Gillaroo Design Ltd, unless agreed in writing that this arrangement has been changed.

Design Charges

Charges for design services to be provided by Gillaroo Design Ltd, will be set out in a written estimate or quotation that is provided to the customer. At the time of the customer's signed acceptance of this estimate or quotation or email, indicating acceptance of the Terms & Conditions, a non-refundable deposit of 50% of the quoted fee will become immediately due. Work on the project will not commence until Gillaroo Design Ltd has received this amount.

Charges for Other Services

Charges for any additional services over and above the estimated design, will become fully payable (100% of the quoted amount) at the time of estimate or quotation acceptance.

Payment

The customer will be provided with an Invoice prior to final publication. At this time the remainder of the amount due will become payable and the customer will also be required to sign and return approval to Gillaroo Design Ltd. Accounts which remain outstanding for 30 days after the date of invoice, will incur an extra charge of 2% per month of the outstanding amount.

Payments may be made by cash, cheque, or (for overseas customers), Pound Sterling International Money Order or previously agreed electronic funds transfer.

Publication and/or release of work done by Gillaroo Design Ltd on behalf of the client, may not take place before cleared funds have been received.

Returned cheques will incur an additional fee of £50 per returned cheque. Gillaroo Design Ltd reserves the right to consider an account to be in default in the event of a returned cheque.

Default

An account shall be considered default if it remains unpaid for 30 days from the date of invoice, or following a returned cheque. Gillaroo Design Ltd shall be considered entitled to remove Gillaroo Design Ltd's and/or the customer's material from any and all computer systems, until the amount due has been fully paid. This includes any and all unpaid monies due for services, including, but not limited to, hosting, domain registration, search engine submission, design and maintenance, sub-contractors, printers, photographers and libraries.

Removal of such materials does not relieve the customer of it's obligation to pay the due amount. Customers whose accounts become default agree to pay Gillaroo Design Ltd reasonable legal expenses and third party collection agency fees in the enforcement of these Terms and Conditions.

Copyrights and Trademarks

By supplying text, images and other data to Gillaroo Design Ltd for inclusion in the customer's website or other medium, the customer declares that it holds the appropriate copyright and/or trademark permissions. The ownership of such materials will remain with the customer, or rightful copyright or trademark owner.

Any artwork, images, or text supplied and/or designed by Gillaroo Design Ltd on behalf of the customer, will remain the property of Gillaroo Design Ltd and/or it's suppliers.

The customer may request in writing from Gillaroo Design Ltd, the necessary permission to use materials (for which Gillaroo Design Ltd holds the copyright) in forms other than for which it was originally supplied, and Gillaroo Design Ltd may, at it's discretion, grant this. Such permission must be obtained in writing before it will allow any of the aforesaid artwork, images, text, or other data to be used.

By supplying images, text, or any other data to Gillaroo Design Ltd, the customer grants Gillaroo Design Ltd permission to use this material freely in the pursuit of the design.

Should Gillaroo Design Ltd, or the customer supply an image, text, audio clip or any other file for use in a website, multimedia presentation, print item, exhibition, advertisement or any other medium believing it to be copyright and royalty free, which subsequently emerges to have such copyright or royalty usage limitations, the customer will agree to allow Gillaroo Design Ltd to remove and/or replace the file on the site.

The customer agrees to fully indemnify and hold Gillaroo Design Ltd free from harm in any and all claims resulting from the customer in not having obtained all the required copyright, and/or any other necessary permissions.

Alterations

The customer agrees that changes required over and above the estimated work or required to be carried out after acceptance of the draft design will be liable to a separate charge.

The customer also agrees that Gillaroo Design Ltd holds no responsibility for any amendments made by any third party, before or after a design is published.

Licensing

Any design, copywriting, drawing, idea or code created for the customer by Gillaroo Design Ltd, or any of it's contractors, is licensed for use by the client on a one-time only basis and may not be modified, re-used, or re-distributed in any way or form without the express written consent of Gillaroo Design Ltd and any of it's relevant sub-contractors.

All design work- where there is a risk that another party make a claim, should be registered by the client with the appropriate authorities prior to publishing or first use or searches and legal advice sought as to its use. Gillaroo Design Ltd will not be held responsible for any and all damages resulting from such claims. Gillaroo Design Ltd is not responsible for any loss, or consequential loss, non-delivery of products or services, of whatever cause. The customer agrees not to hold Gillaroo Design Ltd responsible for any such loss or damage. Any claim against Gillaroo Design Ltd shall be limited to the relevant fee(s) paid by the customer.

Data Formats

The client agrees to Gillaroo Design Ltd's definition of acceptable means of supplying data to the company.

Text is to be supplied to Gillaroo Design Ltd in electronic format as standard text (.txt), MS Word (.doc) on CD-ROM, or via e-mail.

Images which are supplied in an electronic format, are to be provided in a format as prescribed by Gillaroo Design Ltd via CD-ROM, or e-mail. Images must be of a quality suitable for use without any subsequent image processing, and Gillaroo Design Ltd will not be held responsible for any image quality which the client later deems to be unacceptable. Gillaroo Design Ltd cannot be held responsible for the quality of any images which the client wishes to be scanned from printed materials.

Additional expenses may be incurred for any necessary action, including, but not limited to, photography and art direction, photography searches, media conversion, digital image processing, or data entry services.

Design Project Duration

Any indication given by Gillaroo Design Ltd of a design project's duration is to be considered by the customer to be an estimation. Gillaroo Design Ltd cannot be held responsible for any project over-runs, whatever the cause. Estimated project duration should be deemed to be from the date that cleared funds are received by Gillaroo Design Ltd for the initial payment or by date confirmed in writing by Gillaroo Design Ltd.

Rights of Access for Website Construction

The client agrees to allow Gillaroo Design Ltd all necessary access to computer systems and other locations, as required, in order to complete a website project and until all due funds are cleared, including the necessary read/write permissions, usernames and passwords. The customer also agrees to allow Gillaroo Design Ltd access to any computer systems, usernames and passwords required to remove data and/or sites for failure to comply with these Terms and Conditions.

The customer agrees to supply Gillaroo Design Ltd with all necessary materials, electronic, or otherwise, required to create and complete the project, and to supply them in a timely manner.

Design Project Completion

Gillaroo Design Ltd considers the design project complete upon receipt of the customer's approval. Other services such as printing, display panel production, filmwork, website uploading, publishing etc either contracted on the clients behalf constitute a separate project and can be treated as a separate charge.

Website Design Only

Once web design is complete, Gillaroo Design Ltd will provide the customer with the opportunity to review the resulting work. Gillaroo Design Ltd will make one set of minor changes at no extra cost within 14 days of the start of the review period. Minor changes include small textual changes and small adjustments to placement of items on the page. It does not include changes to images, colour schemes or any navigation features. Any minor changes can be notified to Gillaroo Design Ltd by e-mail or fax and confirmed by post.

Gillaroo Design Ltd will consider that the client has accepted the original draft, if no notification of changes is received in writing from the customer, within 14 days of the start of the review period.

Hosting websites

Gillaroo Design Ltd does not offer in-house hosting services. Gillaroo Design Ltd can only suggest possible sub-contractors and does not guarantee continuous service and will accept no liability for loss of service, whatever the cause. Gillaroo Design Ltd may request that clients change the type of hosting account used if that account is deemed by Gillaroo Design Ltd to be unacceptable because of poor service, lack of bandwidth or in any other way insufficient to support the website. Fees due to the hosting organisation are the responsibility of the client and Gillaroo Design Ltd are not liable for their payment.

Domain Registration

Gillaroo Design Ltd cannot guarantee the availability of any domain name. Where Gillaroo Design Ltd is to register a domain name on behalf of a client it will endeavour to do so but the client should not assume a successful registration.

Search Engine Submission

Due to the infinite number of considerations that search engines use when determining a site's ranking, Gillaroo Design Ltd cannot guarantee any particular placement. Acceptance by any search engine cannot be guaranteed and when a site is accepted, the time it takes to appear in search results varies from one search engine to another. Rankings will also vary as new sites are added.

Design Credits

The customer agrees to allow Gillaroo Design Ltd to place a small credit on printed material, exhibition displays, advertisements and/or a link to Gillaroo Design Ltd's own website on the customer's website. This will usually be in the form of a small logo or line of text placed towards the bottom of the page.

The customer also agrees to allow Gillaroo Design Ltd to place websites and other designs, along with a link to the client's site on Gillaroo Design Ltd's own website for demonstration purposes and to use any designs in its own publicity.

Rights of Refusal

Gillaroo Design Ltd will not include in its designs, any text, images or other data which it deems to be immoral, offensive, obscene or illegal. All advertising material must conform to all standards laid down by all relevant advertising standards authorities. Gillaroo Design Ltd also reserves the right to refuse to include submitted material without giving reason. Any images and/or data that Gillaroo Design Ltd does include in all good faith, and then finds out that it contravenes these Terms and Conditions, the customer is obliged to allow Gillaroo Design Ltd to remove the contravention without hindrance, or penalty. Gillaroo Design Ltd is to be held in no way responsible for any such data being included.

Cancellation

Cancellation of orders may be made initially by telephone contact, or e-mail, however, following this, Gillaroo Design Ltd will need formal notification in writing to the company's postal address. The client will then be invoiced for all work completed over and above the non-refundable deposit that will have been made at the time of first ordering. The balance of monies due must be paid within 30 days. Please note: any cancellation which is not formally confirmed in writing and received by Gillaroo Design Ltd within 14 days of such instruction being issued, will be liable for the full quoted cost of the project.

Disclaimer

Gillaroo Design Ltd makes no warranties of any kind, express or implied, for any and all products and/or services that it supplies. Gillaroo Design Ltd will not be held responsible for any and all damages resulting from products and/or services it supplies. Gillaroo Design Ltd is not responsible for any loss, or consequential loss of data, or non-delivery of products or services, of whatever cause. While we take resonable steps to investigate the materials we recommend, we accept no responsibility for the performace or quality of materials or any consequential loss arising from their failure. The customer agrees not to hold Gillaroo Design Ltd responsible for any such loss or damage. Any claim against Gillaroo Design Ltd shall be limited to the relevant fee(s) paid by the customer.

Gillaroo Design Ltd reserves the right to use the services of sub-contractors, agents and suppliers and any work, content, services and usage is bound by their Terms and Conditions. Gillaroo Design Ltd will not knowingly perform any actions to contravene these and the client also agrees to be so bound.

Gillaroo Design Ltd and its clients agree to comply with Printers Terms and Conditions which include disclaimers for non-completion on time and the flexibility to supply quantities within 10% of the total ordered. Gillaroo Design Ltd recommend that if an exact quantity is required, then 10% extra is added to the quantity and extra time made available should the job be delayed.

General

These Terms and Conditions supersede any previous Terms and Conditions distributed in any form. Gillaroo Design Ltd reserves the right to change any rates and any of the Terms and Conditions at any time and without prior notice.

Acceptance of Quotation and Terms and Conditions

The placement of an order for design and/or any other services offered by Gillaroo Design Ltd and validated by the customer's signature on the estimate or quotation form or via email, constitutes acceptance of the estimate or quotation and agreement to comply fully with all the Terms and Conditions and forms a Contract for Business between the signatory and Gillaroo Design Ltd.
© Gillaroo Design Ltd 2011