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Copyright © 2015 - 2017 Hue Vision Media & Designs. All Rights Reserved    |

TERMS & CONDITIONS

These Terms of Service set forth the principles, guidelines and requirements of the Design Terms of Service of Hue Vision Media & Designs Ltd governing the use by the customer of our services and products. Hue Vision Media & Designs Ltd retains the right to modify these Terms of Service at any time and such modifications shall be automatically effective to all customers when published at www.hue-vmd.com

I. Acceptance

With payment of any deposit, down payment, or advance fee for any service or web design project to Hue Vision Media & Designs Ltd, you as the client are agreeing to and accepting the following terms and conditions:

II. Payments

Any payment due shall be accorded between the client and Hue Vision Media & Designs Ltd and should be paid prior to the start of the project. This non-refundable payment or deposit assures your position in the Hue Vision Media & Designs Ltd design queue. No work will begin until your payment has cleared. All amounts must be in United States Dollars (USD$) and made through Paypal, Debit, Credit Card or Bank Transfer. Any final payment or pending payment must be made prior to final installation, delivery and launch of the website design project.

III. Communication

Once initial payment has been sent, the client must be fully available through email on a daily basis to answer any questions or complete tasks as soon as possible. All communication is required through email and audio confrencing. If at anytime Hue Vision Media & Designs Ltd is unable to contact the client for a period of more than 10 business days, the project will be canceled or rescheduled and all monies paid will be forfeited to Hue Vision Media & Designs Ltd. If the client requests to continue the design process at a later date, payment of any pending monies must be made before restarting the project. In the event that Hue Vision Media & Designs Ltd cancels the project entirely due to lack of communication, ownership of all created or installed artwork, layouts, and coding will remain the absolute property of Hue Vision Media & Designs Ltd and will not be transferred to the client.

IV. Technical Support

Maintenance and Support are available for purchase starting at $60.00 for 30 minutes and must be scheduled in advance by Hue Vision Media & Designs Ltd at our availability and convenience.

 

It is the client’s full responsibility to familiarise themselves with the operation of the catalog’s admin panel, payment and shipping modules, and all services and functions related to their e-commerce website. The client is also responsible for opening an account with compatible services. If any specific questions should arise regarding any third-party modules, the client should contact the 3rd party service provider directly. Hue Vision Media & Designs Ltd is not responsible for configuring third-party services or modules, opening social media accounts for the client or performing any function that is not specified or agreed upon. If the client requires additional technical services Hue Vision Media & Designs Ltd, the client will be quoted and rescheduled accordingly.

 

Technical assistance is not a paid feature in any package price and is not an obligatory service. It is offered as a separate charge for each package on a case-per-case basis and may be canceled by Hue Vision Media & Designs Ltd at any time. We are not responsible if the client cannot use the website or materials properly despite repeated support requests. Furthermore, Hue Vision Media & Designs Ltd reserves the right to charge or cancel email, audio and chat support and to cease communications with the client entirely. Hue Vision Media & Designs Ltd does not provide phone calls for technical assistance. If client emails or audio conferences are deemed excessive or rude, the client is free to find a third party designer, host, and programmer for assistance in this case and we claim no responsibility for any expenses that the client incurs if we cannot provide the level of technical support that the client needs.

V. Authorization

As the client, you authorize Hue Vision Media & Designs Ltd to install any scripts, software or programs relevant to the web design project and must provide Hue Vision Media & Designs Ltd with the login information and passwords necessary to to access your website account through your domain manager, host, administrative and FTP to work on your project.

VI. Web Hosting Compatibility

Hue Vision Media & Designs Ltd provides web hosting services for certain packages. If you prefer to use your own web hosting service or SaaS cart, you are responsible for using a web hosting provider compatible with the e-commerce script and any modules associated with the web design project. If you are using a non-compatible web host, Hue Vision Media & Designs Ltd will not be responsible for incompatibility issues, errors or bugs that may occur on your site. Any debugging or compatibility issues will be billed seperately and are not included in the package. If you choose not to switch to a compatible host, you will be forfeiting any payments made if our software or modules cannot be installed.

VII. Design Process

Hue Vision Media & Designs Ltd will use the answers gathered from the audio confrencing call to complete an initial preview and subsequent revisions of your website or design service. Revisions and services purchased do not include the addition of extra elements not included in the initial quote, including but not limited to extra graphics, flash, scripts, forms, custom navigation, debugging, custom module installation and configuration, social media configuration, assistance, technical support and any additional elements that are not included or that require custom coding or attention.

Once you have approved the web design or branding service whilst payment is pending, Hue Vision Media & Designs Ltd will invoice you for the remaining balance and any other fees related to your project that may have incurred during the revisions process or the purchase of additional services. Payment is required within 7 business days and cannot be delayed or rescheduled. The final version of the website design project will be transferred upon receipt of full payment. After the web design project is installed on your domain and you have been provided admin login information, you assume all responsibility of your site. Any major revisions, edits or additions to the project after the site is on your domain will require that you be scheduled as a new work order and you will have to pay any additional fees related to the redesign. Minor revisions may be made to your site at any time during the process and after delivery of the website at the sole discretion of Hue Vision Media & Designs Ltd.

VIII. Completion Timeline

As the client, you and Hue Vision Media & Designs Ltd must work together to complete all services in a timely manner, agreeing to complete the project by the delivery date or no later than 60 days after you have submitted all necessary materials. This 60 day limit may be extended by Hue Vision Media & Designs Ltd if the project requires more time from the designer, programmer or assistant for completion. All revision requests must be submitted by the client within 3 business days of receiving the initial site preview or subsequent revised previews. The scheduled start date, revision process or delivery date of the project may not be rescheduled unilaterally by the client. In the event of lack of communication by the client for a period of 10 business days or more, Hue Vision Media & Designs Ltd reserves the right to reschedule the project or cancel the project completely.

IX. Payment Merchant Account & Shipping Services

As the client, it is your responsibility to familiarise yourself with the operation of your catalogues admin panel, merchant accounts, payment modules and shipping modules. You are also responsible for opening an account with a compatible payment or shipping services. If any specific questions should arise regarding your third party modules, you will contact your web host or third party service provider directly. Hue Vision Media & Designs Ltd is not responsible for the configuration or successful installation of non-compatible services that are not specifically designed as a plugin for the package purchased.

X. Database Content

Unless another arrangement has been made, you are responsible for the addition of products to your shopping cart pages, including the description of the products, item photographs, options, drop-down boxes, product attributes and photo editing, optimization and resizing of all product images. You are also responsible for adding optimised content to your wesbite, all literary and informational content and photos for all website pages, including the home page and for the entry of any, meta descriptions, meta tags, keywords or meta-titles into your products or website content.

XI. Security

The administration panel of the website e-commerce system is not guaranteed secure unless the website is uploaded to a server which fulfills all web security standards and has a corresponding SSL certificate and dedicated IP. Hue Vision Media & Designs Ltd claims no responsibility for an insecure server or the use of an insecure password protected panel. Hue Vision Media & Designs Ltd does not save or backup an existing design installed on your domain. All updated backups, database backups and secure customer information backup must be made by you, the website owner.

XII. Electronic Commerce Laws & Taxation

You as the client are solely responsible for complying with any laws and taxes applicable in any way to the web design project. Hue Vision Media & Designs Ltd and its subcontractors are protected from any claim, lawsuit, penalty, tax or fine arising from the client’s exercise of Internet electronic commerce.

XIII. Copyrights and Trademarks

You unconditionally guarantee that any and all elements of text, graphics, photos, designs, trademarks, or other artwork furnished to Hue Vision Media & Designs Ltd for inclusion in a project are owned by you, or that you have permission from the rightful owner to use each of these elements, and Hue Vision Media & Designs Ltd will not be liable, from any claim or lawsuit arising from the use of such elements.

You agree not to resell, modify, copy or make a derivative template, website or graphic based on this web design or any one of its elements. The copyright of all software, coding, web and print graphics & art is owned by Hue Vision Media & Designs Ltd and under the law all copyrights are reserved. Your logo is copywritten to you and can be used as deemed necessary. All services, design elements, art and coding may not be used by anyone else but you and the domain it was originally designed for. Hue Vision Media & Designs Ltd retains the right to display communications, artwork and/or any services provided to the client in the Hue Vision Media & Designs Ltd portfolio, testimonials, promotional materials, and advertising materials on the web or in publications.

A text link crediting Hue Vision Media & Designs Ltd must continuously remain at the footer of each website page of the e-commerce site. The Hue Vision Media & Designs Ltd link must remain intact and cannot be removed for the life of the site and use of graphics unless a copyright license from Hue Vision Media & Designs Ltd has been purchased. Any violation of our copyright will be considered a criminal offense according to Legal System of England and Wales and international treaties. This makes you legally liable in Supreme Court of Justice. Hue Vision Media & Designs Ltd will also seek financial remuneration and legal fees at any cost.

XIV. Limitation of Liability and Liability Disclaimer

In no event will Hue Vision Media & Designs Ltd be liable to you or any third party, on any legal theory for any direct, indirect, special, incidental, punitive, exemplary or consequential damages arising out of the use of any Hue Vision Media & Designs Ltd service, graphic or code, or the use of any hosting service, service provider, telecommunications carrier, internet servers, third party e-commerce programs, or your site visitor’s computer or internet software, including, without limitation, service interruptions caused by Acts of God and/or Nature, or any other circumstances beyond our reasonable control, any lost profits, business interruption, loss of data or otherwise, even if expressly advised of the possibility of such damages. Hue Vision Media & Designs Ltd will make no warranty to cover text-based or old browsers or requested special effects that have been advised to be against your interests. Any service purchased from Hue Vision Media & Designs Ltd is provided ‘as is’ without any kind of warranty. Hue Vision Media & Designs Ltd does not provide any guarantees for web hosting, third party services or shopping cart functions.

 

IN NO EVENT SHALL HUE VISION MEDIA & DESIGNS LTD BE LIABLE FOR DAMAGES RESULTING FROM LOSS OF DATA, PROFITS, LACK OF SERVICES, USE OF THE HUE VISION MEDIA & DESIGNS LTD SITE, OR USE OF ANY HUE VISION MEDIA & DESIGNS LTD PRODUCTS, PACKAGES OR SERVICES, OR FOR ANY INCIDENTAL, INDIRECT, PUNITIVE, OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THIS AGREEMENT OR IN CONNECTION WITH ANY PRODUCTS OR SERVICES PROVIDED HEREUNDER. IN NO EVENT SHALL HUE VISION MEDIA & DESIGNS LTD CUMULATIVE LIABILITY EXCEED AN AMOUNT GREATER THAN ONE HUNDRED DOLLARS ($100 UNITED STATES DOLLARS).

XV. Additional Prohibitions

The use of graphics and code from any Hue Vision Media & Designs Ltd service or web design project may not be used to display information or sell content that is religiously or polittically offensive, racially insensitive, or pornographic.

XVI. Privacy

All private information involved in any website design project or service provided by Hue Vision Media & Designs Ltd will remain private and will never be used, redistributed or sold to third parties. The client’s private information, name, address, phone number, and email address will not be given as references to potential clients nor will be published in any way or form on the web, in email communications, or in print.

XVII. General

These Terms and Conditions supersede all previous representations, understandings or agreements. The payment of any monies or deposit by the client to Hue Vision Media & Designs Ltd constitutes agreement to and acceptance of these Terms and Conditions.

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