Talisman Webs Terms and Conditions
It is not necessary for any Client to have signed an acceptance of these terms and conditions for them to apply. If a Client accepts a quote then the Client will be deemed to have satisfied themselves as to the terms applying and have accepted these terms and conditions in full.
Please read these terms and conditions carefully. Any purchase or use of our services implies that you have read and accepted our terms and conditions.
Charges for services to be provided by Talisman Webs are pre-defined and agreed with the Client via e-mail, on our official livechats or in person. All clients will receive an invoice for the transaction within 24 hours of transaction.
Payment for services are due by Direct Debit, Standing Order, Cash or Credit or Debit card.
Billing for monthly or yearly services commence once website is Live.
If the client does not want to pay 100% of the quote before work has commenced on the order, they will be required to pay a deposit of at least 50% of the overall quote before work can begin.
Some of our website features require a monthly or yearly payment (such as: web hosting, domain registration, booking system etc.). The client will be sent monthly or yearly invoices a week before payment is due. The client can set up a direct monthly/yearly payment if they wish. Monthly/Yearly payments will become active on the date that the website goes live.
Failure to make the payment will result in the feature becoming inactive on the website and will cease working until payments have been made. Failure to pay after 30 days will result in the feature being permanently terminated and the payment agreement between Talisman Webs and the client also being terminated.
Talisman Webs reserves the right to terminate any projects during at any time during the offline development stage before the website goes live. If this occurs after a payment has been taken, Talisman Webs will refund the client 100% of any payment made to the company, including deposits.
Talisman Webs also reserves the right to reject or deny any projects quoted to customers before payment has been made.
If a client wishes to terminate this agreement with Talisman Webs, they must do so in writing with a reason. If this occurs during the offline development stage, Talisman Webs will refund the customer if they have paid more than the deposit required. Anything after the project has gone live and has been completed is non-refundable.
All projects will be reviewed by the client before going live. Any changes the client wishes to make to the website can be done easily by contacting Talisman Webs. If the client decides upon review of their project that they want to add a feature that wasn’t included in the original quote, they will be required to pay the additional cost of the feature to add it to their project.
Talisman Webs will supply the client with their project by the date specified in the project proposal. Talisman Webs reserves the right to reject or amend any unreasonable or unrealistic project dates and will work with the client to agree on a realistic and reasonable delivery date on the proposal.
In return, the client agrees to delegate a single individual as a primary contact to aid Talisman Webs with progressing the commission in a satisfactory and expedient manner.
If the client has chosen not to pay for the “Content Creation” feature, Talisman Webs will require the client to provide website content during development. Website content includes: text, images, movies and sound files.
During the signature of the project proposal, an agreed payment will be required within 24 hours. Work on the project will not commence until this has been received. Once payment has been made the client will receive a paid invoice as a receipt within 24 hours of payment. For clients that have signed a project proposal and quote without an initial meeting will be sent an unpaid invoice within 24 hours of proposal signature.
Any accounts that remain unpaid thirty (30) days after the date of the invoice will be assessed a service charge in the amount of the higher of one and one-half percentage (1.5%) or £30 per month of the total amount due.
Talisman Webs makes every effort to ensure websites are designed to be viewed by the majority of visitors. Websites are designed to work with most popular current browsers (e.g. Firefox, Internet Explorer 8 & 9, Google Chrome etc.). The client agrees that Talisman Webs cannot guarantee correct functionality with all browser software across different operating systems.
Talisman Webs cannot accept responsibility for web pages which do not display acceptably in new version of browsers released after the website have been designed and handed over to the client. As such, Talisman Webs 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.
Any accounts with an unpaid invoice thirty (30) days after the date of invoice will be considered in default. If the client in default maintains any information or files on Talisman Webs’ web space, Talisman Webs, will, at its discretion, remove all such materials from its web space. Talisman Webs is not responsible for any loss of data due to the removal of the service. Removal of such material does not relieve the client of the obligation to pay any outstanding charges assessed to the client’s account. Clients with accounts in default agree to pay Talisman Webs reasonable expenses, including legal fees and costs for collection by third-party agencies, incurred by Talisman Webs in enforcing these Terms and Conditions.
Website redesign is included as part of the initial quote provided that the redesign is agreed before the website goes live. The client will have their chance to request a free redesign upon reviewing the project before it gets published. If the client wants a redesign after the initial project has been published, they will be offered a new quote and project proposal. Any quotes for redesigns of projects completed by Talisman Webs will have a 30% discount applied.
All Talisman Webs services may be used for lawful purposes only. You agree to indemnify and hold Talisman Webs harmless from any claims resulting from your use of our service that damages you or any other party.
The client retains the copyright to data, files and graphic logos provided by the client, and grants Talisman Webs the rights to publish and use such material. The client must obtain permission and rights to use any information or files that are copyrighted by a third party. The client is further responsible for granting Talisman Webs permission and rights for use of the same and agrees to indemnify and hold harmless Talisman Webs from any and all claims resulting from the client’s negligence or inability to obtain proper copyright permissions.
Talisman Webs is not accountable or responsible for the use of unlicensed copyrighted images, even if they are uploaded to the website by the Talisman Webs team. Talisman Webs will always advise use of purchase stock images from various stock image providers.
Upon completion of the live website, the client will have ownership of the visible website and assets. However, Talisman Webs owns the intellect of the work the Talisman Webs team has put into the website. The client may change, modify or edit the website as they see fit however, they may not resell or rebrand their website unless it is rebuilt and redesigned completely from someone other than the Talisman Webs team.
By default, projects will not have a credit link back to Talisman Webs for development of the project. Any client that states they allow Talisman Webs to place a credit link in the footer of any websites developed will have £5 knocked off their bill. If a client has chosen to have Talisman Webs credit on their project and decide to have it taken off after the website has gone live, a fee of £5 will be added.
If the client’s website is to be installed on a third-party server, Talisman Webs must be granted temporary read/write access to the client’s storage directories which must be accessible via FTP. Depending on the specific nature of the project, other resources might also need to be configured on the server.
Talisman Webs cannot accept responsibility for any alterations caused by a third party occurring to the client’s pages once installed. Such alterations include, but are not limited to additions, modifications or deletions.
Talisman Webs may purchase domain names on behalf of the client. Payment and renewal of those domain names is the responsibility of the client unless approved and included in the package. The loss, cancellation or otherwise of the domain brought about by non or late payment is not the responsibility of Talisman Webs. The client should keep a record of the due dates for payment to ensure that payment is received in good time.
These Terms and Conditions supersede all previous representations, understandings or agreements. The client’s signature below or payment of an advance fee constitutes agreement to and acceptance of these Terns and Conditions. Payment online is an acceptance of our terms and conditions.
These Terms and Conditions shall be governed by and construed in accordance with the laws of Northern Ireland. Any dispute arising under these Terms and Conditions shall be subject to the exclusive jurisdiction of the courts of Northern Ireland.
Talisman Webs hereby excludes itself, its Employees and or Agents from all and any liability from:
The entire liability of Talisman Webs to the Client in respect of any claim whatsoever or breach of this Agreement, whether or not arising out of negligence, shall be limited to the charges paid for the Services under this Agreement in respect of which the breach has arisen.
In the event any one or more of the provisions of this Agreement shall be held to be invalid, illegal or unenforceable, the remaining provisions of this Agreement shall be unimpaired and the Agreement shall not be void for this reason alone. Such invalid, illegal or unenforceable provision shall be replaced by a mutually acceptable valid, legal and enforceable provision, which comes closest to the intention of the parties underlying the invalid.