By placing an order with Fluidity Media, you confirm that you are in agreement with and bound by the terms and conditions set out below.

The Terms & Conditions should be read in conjuction with the Proposal that Fludity Media has provided to you. Together these documents form the contract between Fluidity Media and You. Once you have read, understood and agree to the Proposal and Terms and Conditions set out below please sign and date the final page of this document. Once you have signed this document it is deemed that you have understood and are bound by the terms of Your Agreement with Fluidity Media.

1. Definitions

“Customer” means any person, company, partnership, organisation or body at whose application, Fluidity Media agrees to provide the Service set out under the terms of the agreement.

“Fluidity Media” means Fluidity Media as the primary designer/site owner & employees and or affiliates.

“Agreement” means the contract between Fluidity Media and the Customer to which these conditions will apply.

“Services” means the design of a website in accordance with the Customer’s specification.

“Order” means the confirmation by the Customer that they accept the quotation provided by Fluidity Media and are in agreement with these terms and conditions.

“Price” means the total cost of the Services required by the Customer.

2. The Contract between you and Fluidity Media
2.1 You are invited to buy the Services from Fluidity Media. If you subsequently decide to have Fluidity Media provide the Services to you, then you will need to confirm your Order whether verbally, or in writing following receipt of Fluidity Media’s quotation for the design of the website in accordance with your specification. The Services will be subject to these Terms & Conditions.
2.2 A binding contract will only occur when Fluidity Media has received your Order and deposit of 30% from you. You should only confirm your Order to Fluidity Media if these Terms and Conditions are acceptable to you without adjustment and/or modification.

3. The Price of our Services
3.1 Our charges for any Services ordered by you will be based upon the quotation that we provide to you before the placing of your Order.
3.2 The price is a fair reflection of the complexity of the task, skills required, and length of time estimated to complete the work.

4. The Services
4.1 Fluidity Media will design and build a website for the Customer based on text and/or images provided by the Customer.
4.2 Alternatively an option may be given whereby the site is designed using an open-source Content Management System (CMS).
4.3 If images cannot be provided by the Customer then Fluidity Media will source either stock photography, or will produce them ‘in house’.
4.4 Fluidity Media will provide either a ‘mock up’ of the site in Photoshop or a single page of the website will be designed for the Customer to approve. Once the Customer has approved the design, any alteration will result in an additional charge being made in accordance with the quotation.
4.5 If we attend your premises to conduct work decribed in the Proposal, and either you or the premises are not ready resulting in us having to reattend on another day, then an additional charge becomes payable and will be added to the total cost.
4.6 If you ask us to provide hosting, then this will be provided through Foundry Internet which has it owns separate terms and conditions. Queries related to hosting should be directed to support@foundryinternet.com and not Fluidity Media.

5. Performance of the Services
5.1 Fluidity Media will endeavour to complete all Services within in any agreed timescale or within a reasonable period.  Our hours of work are Monday to Friday 9am to 5.30pm.
5.2 Should you require work outside of our normal hours, an additional charge will be levied which is the hourly rate plus 50%.  A mimmum charge of one hour applies.
5.3 The design and building of the website will commence upon the receipt of the deposit and the provision of the images and text by the Customer. The only exception to this is where, by prior agreement with us, the images shall be sourced by Fluidity Media for the Customer.
5.4 Time shall not be of the essence.
5.5 Fluidity Media will not be held responsible to delays to the project, or delays to the site going live caused by third parties, and or the Customer.
5.6 If work is approved by the Customer and then subsequently changed by the Customer, for whatever reason, then a charge will be made to redo the completed element.
5.7 On completion of the Services, the website will be uploaded to a temporary URL for the approval of the Customer.
5.8 Fluidity Media reserves the right to delay the uploading of the approved site to it’s hosting server or supply of the website files to the Customer for transfer onto any other hosting server other than that provided by Fluidity Media until full payment has been received.

6. Payment
6.1 Upon acceptance of the Customer’s Order by Fluidity Media a minimum deposit of 25% of the full price, or £250, whichever is greater, shall be due to confirm the Order. A lower deposit may be paid if previously agreed.
6.2 The balance of the Price, including any additional fees, shall be due on completion of the Services. The website will not be transferred to the permanent server until full payment has been received.
6.3 Fluidity Media will accept written notice of termination of the Agreement but will not be required to make any refund to the Customer or give credit for any uncompleted section of the Services.
6.4 Termination of the Agreement by the Customer will result in forfeiture of the deposit already paid. We also reserve the right to recover any expenses incurred.
6.5 Any legal expenses that we incur due to Customer non-payment shall be passed onto the Customer to pay.
6.6 Fluidity Media accepts payment payment by Switch, Maestro, Visa, and MasterCard. On payment by credit card a 2.5% handling charge will be added to the Price. We can also accept payment by BACS transfer. Should this payment method be requested then payment details would be provided to the Customer. Payment by cheque only by prior arrangement.
6.7 If a payment you make to Fluidity Media is refused by your Bank/Credit Card company and we incur any costs, then these costs will be added to the Price and will become payable immediately. We will stop work on your Services until payment has been received including any costs we incurred.
6.8 Upon completion of the project, we will issue a sign off sheet.  Failure to sign and return this within four weeks of date of issue deems the project complete by default. Work carried out after this becomes chargeable at our hourly rate.

7. Intellectual Property Rights
7.1 Fluidity Media retains the rights to all code, design and functionality of websites that we create.  We may reuse any code, design, or functionality from your site on another site.
7.2 The Customer shall retain the rights to any text, image or design for their website, once full payment has been received, except as stated in section 7.3.
7.3 If Fluidity Media uses stock music, photography, or imagery then the intellectual rights shall remain with their respective authors.
7.4 The Customer acknowledges that Fluidity Media are licensed to use any information provided by the Customer to enable Fluidity Media to produce the website.

8. Your Obligations to Us
8.1 The Customer will promptly provide to Fluidity Media (free of charge) any information that we may reasonably require to allow us to proceed with our obligations under the Agreement.
8.2 The Customer shall be responsible for ensuring that all material provided to Fluidity Media is accurate and is either owned by the Customer or that the Customer has the permission of the owner for said material to be used in relation to the provision of the Services.
8.3 The Customer will indemnify Fluidity Media in respect of any losses, costs or claims incurred by Fluidity Media as a result of any breach by the Customer of this obligation.
8.4 The Customer shall pay Fluidity Media promptly all payments that are due under this Agreement.
8.5 The Customer shall keep confidential any information they receive on Fluidity Media during, and on completion of the Services.
8.6 Any confidential information shall not enter the public domain unless it is no longer deemed to be confidential and enters the public domain via Fluidity Media.

9. Our Liability to You
9.1 Fluidity Media’s obligation is limited to the provision of the Services.
9.2 Whilst Fluidity Media believes that the website will benefit the Customer, Fluidity Media gives no express or implied warranty as to the effectiveness of the website as a mode of benefiting the Customer in any way.
9.3 Fluidity Media will keep confidential all information received from the Customer during and on completion of the Services.
9.4 Fluidity Media will not release this information into the public domain unless it becomes public information.
9.5 Fluidity Media will release confidential information if required to do so by law.
9.6 The Customer acknowledges and accepts that Fluidity Media will have no further liability to the Customer whether in contract, tort, breach of statutory duty or otherwise.
9.7 The Customer acknowledges and accepts that Fluidity Media makes no warranty and has given no representations of any kind beyond those contained above.

10. Termination
Fluidity Media shall have the right to terminate the Agreement if:
10.1 The Customer is in breach of its obligations to Fluidity Media as laid out in paragraph 8.
10.2 The Customer shall fail to approve the website without reasonable cause and without reasonable period.
10.3 The Customer threatens Fluidity Media and or it’s employee and affiliates.
10.4 The Customer acts in a manner that is deemed by us to be wholly inappropriate for the Services to continue.
This list is not exhaustive.

11. Governing Law and Jurisdiction
11.1 The Agreement shall be given by and interpreted in accordance with English Law.
11.2 Fluidity Media and the Customer acknowledge that the Courts of England shall have exclusive jurisdiction to settle any dispute, which may arise in connection with the Agreement.