dream genie
 
CMS and Website Builder
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Terms Of Business

Copyright and Content

1. The Client MUST own copyright, or have reproduction rights, of all artwork, trade names, photographs, and other materials reproduced in The Client's project. The Client shall indemnify Dreemgenie against any costs whatsoever in connection with the ownership of copyright or reproduction rights. The Client shall have full liability for the consequences of the contents of the printed literature, website or other project commissioned.

2. The Client's logos, artwork, graphics and photographs remain the copyright of The Client. Design, graphics and programming produced by Dreamgenie remain the intellectual property of Dreamgenie. Copyright to the finished assembled work of webpages produced by Dreamgenie is owned by Dreamgenie . Upon the final payment, the client is assigned rights to use as a website the design, graphics, and text contained in the finished assembled website. Rights to photos, graphics, source code, work-up files, and computer programs are specifically not transferred to the client, and remain the property of their respective owners. Dreamgenie retain the right to display graphics and other Web design elements as examples of their work in their respective portfolio and to include the statement "Website by Dreamgenie" together with a logo and a link to the Dreamgenie's website on each page of the Website in a position and in a form to be agreed by the parties. The Client will retain any such credit and link in any adapted version of the Website, and the Client will (and will only) remove any such credit and link from the Website at the Dreamgenie's request.

3. All preliminary work carried out at The Client's request, whether experimentally or otherwise, shall be charged to The Client.

4. Dreamgenie withholds the right to refuse publication of any content which it sees as being indecent, obscene or offensive towards others.

5. All Dreamgenie websites shall unless agreed otherwise display a popout tab advertisement and a footer copyright notice advertising Dreamgenie.

6. Proofs of all printed work may be submitted for The Client's approval and Dreamgenie shall not be liable for errors not corrected by The Client in such proofs. The Client's alterations and additional proofs necessitated thereby shall be charged as additional charges. When style, type or layout is left to the judgement of Dreamgenie, changes therefrom made by The Client shall be charged as additional charges. No responsibility will be accepted for any errors, including colour variations, in proofs approved by The Client.

 

Web Site Design

1. Dreamgenie will produce and publish temporarily on the Dreamgenie web site a design proof for The Client's approval. The design copyright of the proof shall remain the sole property of Dreamgenie. Use of the design in any respect without the express written permission of Dreamgenie will constitute breach of copyright.

2. Dreamgenie will complete the design and build of The Client's web site after receiving confirmation that the design proof is satisfactory.

3. Once Dreamgenie has received confirmation that the design proof is satisfactory, modifications to the design specification will be considered an amendment to the contract. All modifications must be confirmed in writing.

4. Our consultancy service and general advice is, by its nature, subjective. It is up to The Client whether they decide to follow our ideas and suggestions. We cannot guarantee that any of those ideas and suggestions will increase traffic to The Client's web site, improve ratings with search engines or boost sales.

 

Domain Name Registration

1. Dreamgenie can register domain names in The Client's name. In doing this, Dreamgenie are acting as The Client's agent with the appropriate Naming Authority. The contract of registration is between The Client and them and The Client is bound by their terms and conditions.

2. Registration is for one year unless otherwise agreed. Although we will do our best to renew the registration for you, it is ultimately your responsibility to make sure this happens so please keep a note of the date.

 

Insurance

The Client shall be responsible for effecting all necessary insurance in respect of any loss, damage, or expense that it may suffer directly or indirectly in relation to the provision or non-provision of Dreamgenie' goods and services.

 

Liability

Dreamgenie shall not be liable for any delay or failure to perform any of its contractual obligations as a result of war, flood, storm, riot, fire, accident, civil commotion, acts of god, government action, failure of power supply, equipment failure, lock out, strike, default or failure of subcontractor or suppliers or any other cause beyond its reasonable control and Dreamgenie shall not be liable for any loss, damage or expense suffered by The Client or any third party arising directly or indirectly from any such matters.

 

Invoicing, Payment and Tender Validity

1. Payment for design services must (unless otherwise agreed with Dreamgenie) be made as follows: 30% (or an agreed deposit) with order, plus balance on completion. Design modifications will be charged at the prevailing hourly rate dependant on type of service required. This may vary on larger projects where staged payments may be required.

2. Payment shall be made in UK Pounds Sterling to Dreamgenie. Payments are due within 7 days of presentation of invoice. If due to bank charges, transfer fees, or the like, Dreamgenie should receive less than its invoice amount, Dreamgenie will re-invoice The Client for the shortfall. In the event that any amount remains unpaid 7 days after invoice date, Dreamgenie reserves the right to discontinue, withhold, or suspend services to The Client to whom such unpaid amounts relate.

3. In accordance with The Late Payment of Commercial Debts Act 1998 interest will be charged on all payments received outside of payment terms at the rate of 2% above Lloyds Bank plc base rate. All charges incurred by Dreamgenie due to late payment or cheques that require representing or fees required to recover debts will be passed onto The Client.

4. Tenders and Quotes are valid for 60 days from the date of the Tender or Quote. All prices quoted may be subject to change without notice after this period. Our sales team have special authority to make offers which may undercut the normal website prices and these may only be available at the point of the conversation with a member of the sales team.

5. Once Dreamgenie has undertaken a commission for services, a cancellation fee of upto 75% will apply if the contract is terminated through no fault of Dreamgenie. An interim invoice will also be levied for upto 75% of the total quotation value if the commissioned project's content is not received within 60 days of commission.

 

Disclaimer

1. Dreamgenie cannot be held liable for any information contained within The Client's web site or printed literature. The content of such remains the copyright and intellectual property of The Client. The Client is liable for any reasonable legal costs incurred by Dreamgenie caused by the content of The Client's web site or other project and agrees to indemnify Dreamgenie for any awards made by a court of law.

2. Search Engine entry and ranking can in no way be guaranteed as this remains the sole discretion of a third party search engine provider.

3. No liability will be accepted for compatibility issues with code or any errors, omissions or failings of software code produced.

4. Where in the instance that a time scale / schedule has been given, Dreamgenie will not be responsible for any money lost to The Client if the deadline is not met.

5. On completion of any web site it is the sole responsibility of The Client to manage the site. Dreamgenie will no longer be responsible for the site upon completion unless an alternative agreement has been reached.

6. Should Dreamgenie waive any of these terms on an individual basis, this shall not affect the validity of remaining clauses or commit Dreamgenie to waive the same clause on any other occasion.

7. This contract shall be subject to English Law. Where it is held that Dreamgenie is not entitled to rely on any term in this contract, then Dreamgenie may also be allowed to cancel all rights and obligations under this contract, or to hold all other clauses as valid entirely at their sole discretion.

8. Dreamgenie reserves the right to amend these terms and conditions at any time.

 

Apology

These terms have been drawn up under legal advice principally to protect Dreamgenie from bad debts and compensation culture we find ourselves in - you will find us agreeable, understanding and flexible and will be unlikely to strictly enforce these terms and conditions with clients that are also honest, agreeable, understanding and flexible.