Terms & Conditions
The following terms and conditions apply to all website design services provided by Theatrical Marketing Solutions Limited to the Client.
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 Theatrical Marketing Solutions are defined in the project quotation that the Client receives via e-mail. Quotations are valid for a period of 30 days. Theatrical Marketing Solutions reserves the right to alter or decline to provide a quotation after expiry of the 30 days.
Unless agreed otherwise with the Client, all website design services require an advance payment of a minimum of twenty five (25) percent of the project quotation total before the work is supplied to the Client for review. The remaining seventy five (75) percent of the project quotation tota isl due upon completion of the work, prior to release of materials.
Payment for services is due by check or PayPal. PayPal details will be made available on invoices.
3. Client Review
Theatrical Marketing Solutions will provide the Client with an opportunity to review the appearance and content of the website during the design phase and once the overall website development is completed. At the completion of the project, such materials will be deemed to be accepted and approved unless the Client notifies Theatrical Marketing Solutions otherwise within ten (10) days of the date the materials are made available to the Client.
4. Turnaround Time and Content Control
Theatrical Marketing Solutions will transfer over the Client's website by the date specified in the project proposal, or at date agreed with Client upon Theatrical Marketing Solutions receiving initial payment, unless a delay is specifically requested by the Client and agreed by Theatrical Marketing Solutions.
In return, the Client agrees to delegate a single individual as a primary contact to aid Theatrical Marketing Solutions with progressing the commission in a satisfactory and expedient manner.
During the project, Theatrical Marketing Solutions will require the Client to provide website content; text, images, movies and sound files
5. Failure to provide required website content:
Theatrical Marketing Solutions is a small business, to remain efficient we must ensure that work we have programmed is carried out at the scheduled time. On occasions we may have to reject offers for other work and enquiries to ensure that your work is completed at the time arranged.
This is why we ask that you provide all the required information in advance. On any occasion where progress cannot be made with your website because we have not been given the required information in the agreed time frame, and we are delayed as a result, we reserve the right to impose a surcharge of up to 25%.
If you agree to provide us with the required information and subsequently fail to do within one week of project commencement we reserve the right to close the project and the balance remaining becomes payable immediately. Simply put, all the above condition says is do not give us the go ahead to start until you are ready to do so.
NOTE: Text content should be delivered as a Microsoft Word, email (or similar) document with the pages in the supplied document representing the content of the relevant pages on your website. These pages should have the same titles as the agreed website pages. Contact us if you need clarification on this.
Invoices will be provided by Theatrical Marketing Solutions upon completion but before publishing/transferring the live website. Invoices are normally sent via email. Invoices are due upon receipt. Accounts that remain unpaid thirty (30) days after the date of the invoice will be assessed a service charge in the amount of $25 per week.
7. Additional Expenses
Client agrees to reimburse Theatrical Marketing Solutions for any additional expenses necessary for the completion of the work. Examples would be purchase of special fonts, stock photography etc.
8. Web Browsers
Theatrical Marketing Solutions makes every effort to ensure websites are designed to be viewed by the majority of visitors. Websites are designed to work with the most popular current browsers (e.g. Firefox, Internet Explorer 8 & 9, Google Chrome, etc.). Client agrees that Theatrical Marketing Solutions cannot guarantee correct functionality with all browser software across different operating systems.
Theatrical Marketing Solutions cannot accept responsibility for web pages which do not display acceptably in new versions of browsers released after the website have been designed and handed over to the Client. As such, Theatrical Marketing Solutions 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.
Termination of services by the Client must be requested in a written notice or e-mail and will be effective on receipt of such notice. The Client will be invoiced for work completed to the date of first notice of cancellation for payment in full within thirty (30) days.
All Theatrical Marketing Solutions services may be used for lawful purposes only. You agree to indemnify and hold Theatrical Marketing Solutions harmless from any claims resulting from your use of our service that damages you or any other party.
11. Standard Media Delivery
Unless otherwise specified in the project quotation, this Agreement assumes that any text will be provided by the Client in electronic format and that all photographs and other graphics will be provided electronically in .gif, .jpeg, .png or .tiff format.
14. Design Credit
A link to Theatrical Marketing Solutions will appear in either small type or by a small graphic at the bottom of the Client's website. If a graphic is used, it will be designed to fit in with the overall site design. If a client requests that the design credit be removed, a nominal fee of 10% of the total development charges will be applied. The Client also agrees that the website developed for the Client may be presented in Theatrical Marketing Solutions's portfolio.
12. Access Requirements
If the Client's website is to be installed on a third-party server, Theatrical Marketing Solutions 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.
13. Post-Placement Alterations
Theatrical Marketing Solutions 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.
14. Domain Names
Theatrical Marketing Solutions may purchase domain names on behalf of the Client. Payment and renewal of those domain names is the responsibility of the Client. The loss, cancellation or otherwise of the domain brought about by non or late payment is not the responsibility of Theatrical Marketing Solutions. 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 Terms and Conditions. Payment online is an acceptance of our terms and conditions.