GibsonFX Terms and Conditions of Usage

In using our website and services you agree to our terms and conditions.

GibsonFX's Responsibilities

Our business mission is to get you a website that you are sure to love. To this end we do our very best to keep our own website as clear and up to date as possible. However, we cannot guarantee content accuracy, nor can we take responsibility for the content of any websites we link to. We make no promises that products and services we provide will be fit for purpose, especially if your instructions are not clear, or if for any reason work ends prematurely. We also make no guarantee of functionality of third party software we may provide. We hope you will assist and contact us if you see anything on our site that seems to be misleading or inaccurate. We will take your comments seriously and look into taking corrective action if and when possible.

This website (and any subdomains bearing the GibsonFX and GibsonFX brand) is intended to advertise our services and display our skills. Whilst we are happy to work with most businesses we reserve the right to pick and choose our clients. We may on occasion refuse to carry out work requested – especially where we do not agree with the ethics of a business in terms of their strategy or products (e.g. weight loss products, pornographic content or the sale of weapons/drugs).

Invoices & Payment

All our invoices are issued electronically and sent via email. If you require a paper copy of this invoice please contact us within 3 days. Please note that our invoice terms are 7 days NET (unless arranged with us otherwise), so please process this invoice within that time.

Invoices which are paid late may be subject to late payment fees at a rate of 1.5% per month or part thereof. Any disputes you may have regarding this invoice must be made within 15 days of the invoice date. In the event that this invoice is not paid within a reasonable time frame, we reserve the right to recover the invoice total, plus interest, together with any costs incurred during the our recovery process (including but not necessarily limited to, debt collection agency fees, legal costs calculated on a solicitor and/or own client basis). These costs can be substantial, so if you are having difficulty in paying this invoice, please contact us without delay and we may consider a payment plan. We also reserve the right to register your failure to pay with any appropriate credit reference agencies or reporting companies. Currency is in Great British Pounds unless otherwise stated.

Payment terms depend on your status as a client. Long term clients are billed once per month, or if the value of services provided is over £300. New clients are required to pay either 50% or 100% upfront depending on our risk assessment.

If for whatever reason we do not receive payment for products/services provided within the allotted time, we reserve the right to remove any and all related materials from any servers on which they are located, which will be restored once payment is received.

It’s important for you to understand that when you purchase a website/service from us we may use third party plugins, themes, code and other products and services. We purchase the necessary rights to use them if required for your website development. Any licences are for single use only.

You have no legal right to redistribute any of these third party products or services freely or for payment. You also have no right to use them on any other website, and to do so will be a violation of our terms. Standard licences and international copyright law apply, and everything is set-up for single site use. Any additional use is likely to be a violation of our third party terms and could result in legal action.

We reserve the right to: share any data you have submitted to us with our partners, set cookies on your device, build custom audiences for remarketing and save heatmap data about your visit. We also reserve the right to show adverts for which we receive an commission when you view them, click on them or sign up for a trial.

General Conditions

We pride ourselves on the quality of our work and make every effort to ensure we provide the best possible service. Sometimes your objectives might not correspond with the commercial and technical realities. We will advise you if this seems to be the case, and recommend the best course of action to take. If you reject our advice we will take no responsibility for the results.

All fees and prices will be agreed upon with the client on a job by job basis, or at an hourly rate of £35 per hour, unless otherwise stated, and the turnaround time and feature details provided, are only estimates and are not guaranteed. When you decide to use our services we will draw up a contract with full price and other project details clearly stated for fixed price work, unless working on continued hourly projects where clients will be invoice at the end of each month. The contract is legally binding.

No refunds will be given for work completed under any circumstances. All of our work will be performed under your guidance and this will be part of our contract. If you are any way unhappy with our web design and development services you should immediately bring these issues to our attention. We will try our best to speedily resolve your concerns.

Copyright

It is your responsibility to obtain the copyright permission for any text, images, or other files that GibsonFX has used in the creation of your web site, brochure or marketing material that have not been directly created by GibsonFX.

Copyright to any products and content provided by GibsonFX as published is passed to you once full payment for the work has been received and cleared by your bankers. Exceptions to this are:

1. Any programming code created or generated by GibsonFX is to be used by you under licence, but copyright does not pass to you. This licence allows you use of the programming code for the domain name it was created for and cannot be used on any other site or domain whatsoever.

2. Where we create or modify a corporate identity or logo as part of our design process which is not specifically charged to you then this corporate identity or logo remains with GibsonFX and your licence to use this work only applies to the work we have carried out on your behalf.

3. Where material has been created by us, but is not used in the final published version of products provided, this material remains the property of GibsonFX and copyright of this does not at any time pass to you. This includes any artwork, videos and production templates, stock photography, or files that GibsonFX has given to you that are not used in the final artworks created for you.

4. Where a member of the GibsonFX team has shot photography for your project, the copyright to this photography remains with GibsonFX. You have a licence to use these images in the printed material or website that we have created for you. The copyright and therefore the free use of the photography can be purchased at an agreed cost.

An extension of the licences as set out above can be purchased so that they can be used in other areas of your business or marketing material. The copyright to the photography, images and logos can also be purchased from GibsonFX at a mutually agreed price.

Disclaimer

To the maximum amount permitted by law, in no event shall GibsonFX or its suppliers be liable for any special, incidental, indirect, punitive or consequential damages whatsoever (including, but not limited to, loss of privacy, failure to meet any other duty (including of good faith or of reasonable care), negligence, and any other pecuniary or other loss whatsoever) arising out of or in any way related to the use or inability to use your website, hosting, software or any service provided by Creative Steam or its support services, or the provision of or failure to provide support services, or otherwise under or in connection with any provision of our services, even if Creative Steam or any supplier has been advised of the possibility of such damages.

It is your sole responsibility to manage all aspects of your Website’s security in respect of credit card and personal details taken through your Website (including, but not limited to, security of details taken through website forms, emails, e-commerce facilities and any person’s details that may be held on the Website’s server).

Applicable Law

GibsonFX's rights under these Terms of Use are in addition to any other rights provided by law. This web site and these Terms of Use are governed by the laws in the commonwealth of the England & Wales. GibsonFX reserves the right to make changes to its web site and these Terms of Use at any time. Your continued use and access to this web site after any changes constitutes acceptance of the revisions.

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1236 Melville Road
Los Angeles, CA 67890

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