Vanilla
Active Design Process:
The following list describes the
typical project design process when working with Vanilla Active.
The responsibilities of both the Client and Vanilla
Active during this process are outlined. The
client should ensure that these are fully understood.
Vanilla Active is the trading name for Unigate
Solutions Ltd. We are VAT registered and charge
accordingly.
• Initial Client Enquiry:
The client contacts Vanilla Active with their
website requirement information.
• Agree Requirements: A telephone or onsite meeting is held with the client
to agree the site specification and requirements. Note that for low cost work
onsite meetings will generally not be feasible.
• Quote Provided: Vanilla Active provides a relevant quote of the costs
for the project and the time scale it will take to complete. This quote is based
on initial discussions and can be altered at any time with prior knowledge from
the client or unless a fixed fee is previously agreed.
• Approval for Work to Commence: The client accepts the quote, work begins
and is invoiced for 25% of the total cost.
• Client Provides Material and Content: The client must provide all agreed
written material, information and images before work commences. Any delay in
the delivery of content could jeopardise the agreed project deadline.
• Work Commences: Upon receipt of payment of the initial invoice Vanilla
Active will commence work on the project and upload the developing site to a
temporary space on the Internet if applicable. This will allow the client to
view and approve the on-going work and to provide feedback.
• Completion: When the client agrees that the work carried out meets the
requirements an invoice for 50% of the total amount will be issued. On final
approval and amends and final delivery the final 25% of the total cost will be
invoiced. Vanilla Active reserves the right to invoice at other times based on
variation in size of the project and timescales.
• On-going Maintenance: Any ongoing maintenance is then agreed.
Terms
and Conditions:
1. Contract: The client’s
approval for work to commence shall be deemed
a contractual agreement between the client and
Vanilla Active and indicates that the client
accepts these terms and conditions.
2. Intellectual Copyright: Vanilla
Active will hold intellectual copyright of any
material, including any source code, created
for the client. The client will own a permanent
license to use the brand and technology. To protect
Vanilla Active form copyright infringement, source
code will remain with Vanilla Active and is not
released to the client. Vanilla Active is happy
to provide source code to a lawyer on receipt
of a signature to confirm ownership and release
details based on communication loss between Vanilla
Active and the client.
3. Other Charges: All third party
costs shall be met by the Client. The client
owns any domain names purchased by Vanilla Active.
4. Search Engine Promotion: Vanilla Active are not responsible for the client’s
on-going web site promotion. As standard, Vanilla Active do not build extra
code into web sites to improve rankings. This is a specialist area and is carried
out as a separate exercise. Should the client require the site to be promoted
on an ongoing basis a separate contract must be agreed. The order in which
websites are ranked in the natural search results is controlled by the search
engines. While we can optimise your site for this we are unable to make any
guarantees about the success of any search engine promotion activity.
5. Cancellation: Should the client
wish to cancel at any point during the process
they shall remain liable for the work that has
taken place and shall be invoiced accordingly.
6. IMPORTANT! Failure to Provide
Required Website Content: We are 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 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 we cannot progress your website
because you have not provided the required information
when you have agreed to do so, and we are delayed
as 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 four weeks of project commencement
we reserve the right to close the project and
the balance remaining becomes payable immediately.
7. Travel Time and Expenses: We are a London/Hertfordshire
based agency and are happy to travel to clients
as part of the overall cost. However there
may be locations which we will need to incur
a charge for travelling time. Vanilla Active
reserves the right to make a charge for travelling
time at our normal consultancy rates.
8. Quotations: The price quoted
to the client is for the work agreed on the quotation
only. Vanilla Active appreciates that requirements
can change once projects get underway. Should
the client decide that changes are required, then
we will accept these changes with the provision
that additional charges may have to be negotiated.
9. Advance Payment: An advance
of 25% of the total cost of the project is generally
required before work can commence. After work
commences this is non-refundable.
10. Payment terms: Payment is currently
accepted by cheque or direct internet banking
in UK Pounds Sterling or via direct internet
banking, unless otherwise agreed. If your cheque
is returned by the bank as unpaid for any reason,
you will be liable for a "returned cheque" charge
of £25.
11. Payment: Payment of invoices will be due within 30 days of invoice date.
Any material previously published online may be removed if payment is not received.
When this occurs a minimum charge of £50 will be required to have the
site restored.
12. Late Payment: Accounts that
have not been settled within 7 days of our final
reminder will incur a late payment charge of
10% of the amount outstanding.
13. Web Site Future Support: The
website is provided to and accepted by the client
as a fully functioning, completed project. Vanilla
Active is responsible for maintaining your web
site’s live status although we cannot take
responsibility if Vanilla Active does not host
the web site. Vanilla Active are not automatically
responsible for future support. We will endeavour
to complete updates as soon as possible but timings
cannot be guaranteed unless an ongoing support
package is pre-agreed.
14. Unless time is allocated on
a pre-agreed schedule, Vanilla Active has the
right to delay development for up to 1 month
to clear other work schedules. If there are system
errors, Vanilla Active will prioritise these
requests to resolve them as soon as technically
possible. This can normally be provided upon
request and for an agreed fee. No guarantee of
future support is given unless an ongoing support
package is negotiated.
15. Future Site Problems: Unfortunately
malicious software, spyware, viruses and website
hacking are facts of life on today’s Internet.
It is highly unlikely that these will affect
your website, however Vanilla Active takes these
matter very seriously and will endeavour to protect
you and your web site, but we cannot be held
responsible for problems that develop on sites
after we have handed them over to the client.
We will do what we can to fix the problems.
Notes:
Should Vanilla Active waive any of these terms on an individual basis, this
shall not affect the validity of remaining clauses or commit Vanilla Active
to waive the same clause on any other occasion. By agreeing to these terms
and conditions your statutory rights are not affected. Vanilla Active reserves
the right to change or modify any of these terms or conditions at any time.
Should clarification of any of the above be required please contact us.
Vanilla Active
Devonshire House
Manor Way
Borehamwood
Herts
WD6 2DT
info@vanillaactive.com
www.vanillaactive.com
Tel: 0870 626 0009
