Terms of Service:
Terms of Service:
This World Wide Website is owned and operated by Nice Work, a company owned by Martin Burke & Cathy Burke. Unit 4, Malthouse Business Park, The Maltings, Peasmarsh, East Sussex TN31 6ST.
These terms and conditions govern your use of Nice Work Website & Products. Please read through the Terms. If you do not agree with the Terms, then you do not agree with Nice Work terms of business. If you reach agreement by Nice Work , your acceptance indicates that you agree to be bound by the Terms.
Your access to and use of Nice Work website is subject to the following terms and conditions ("Terms and Conditions") and all applicable laws. By accessing and browsing, purchasing products of Nice Work , you accept, without limitation or qualification, these Terms and Conditions, and acknowledge that any other agreements between you and Nice Work are superseded and of no force or effect.
By agreeing our terms and conditions you promise to abide by them henceforth. Continued use is an implied acceptance of agreement of the 'Terms and Conditions' and is a promise to abide by the terms and conditions for any future use or dealings with Nice Work . The terms and conditions will only cease to be applicable when any such agreement is terminated by Nice Work .
Any breach of the 'Terms' will be at the discretion of Nice Work and shall be determinable by Nice Work whether any such breach shall amount to breach of contract and shall repudiate any contract in force.
Nice Work will only enter in to contracts with those that are of 18 years or over, those wishing to enter into a contract below that age must do so with a guarantor over the age of 18 years of age that is agreed to be suitable by Nice Work . This decision is purely at the discretion of Nice Work .
Payment:
Nice Work shall undertake no work until a minimum of 30% of the invoiced sum is received by Nice Work Web Design Studio and cleared confirmation is confirmed by a designated bank as determined by Nice Work. It is the discretion of Nice Work whether they shall undertake such work without a 30% deposit. The remaining 70% of the total remaining sum shall be payable within 28 days of invoice. Nice Work prices do not cover the release of source .png and .fla files. The customer must obtain a separate quote for such items.
Initial payment will be requested by Nice Work for the deposit seven days before any work is undertaken. The final payment will be requested by an invoice on completion of service. Payment shall not be received any later than 30 days upon completion. The invoice will be via post (hard copy) unless the customer/client specifically states they require an additional emailed copy.
Payment accepted by cheque or BACS Transfer. Cheques made payable to Nice Work and addressed and mailed to: 78 Manor Road, Hastings, East Sussex, TN34 3LP.
Payment Failure:
A further charge of £30 per month or 2% per month (whichever is higher) of the outstanding payment will be charged until payment is received along with the product and all materials being removed from the servers. Pixel Puppet will not be held responsible for any losses related to removing the product from the servers. Returned payments will result in the customer accruing an instant £30 fee added to the clients account balance. Customers agree that any payment failures will result in them taking on board expenses such as legal expenses including third parties sent to collect.
Product Agreement:
Nice Work tries its utmost to provide products without any errors. We cannot accept any responsibility for any losses due to product malfunction, the website or any part of it. Nice Work does not accept liability for any damage caused by negligent use of Nice Work products. Nice Work does not accept liability for any damage or loss caused by negligent activity of its third party suppliers.
Nice Work offers the customer the chance to review the product during the design stages via the use of a prototype design. The customer is allowed up to three revisions of the prototype design unless otherwise stated. Once the customer is in acceptance of the prototype, written verification will be required to confirm that the design is the design, which is to be purchased. Once this agreement is made non payment will stand as a repudiatory breach of contract. The customer will also be allowed to review the finished product and suggest minor alterations (textual changes, small image alterations, small colour alterations or alterations that will not take any more than 10% of the scheduled hours planned to produce the product). The product will be deemed accepted unless the customer contacts Nice Work within 7 days from the date the product is made available to them.
Nice Work will endeavour to complete a product/service by the date stated or within 4 weeks if there is no date stated. However Nice Work cannot be liable for any delays that occur that could not be reasonably foreseeable at the time the work was originally undertaken.
Nice Work will not be held liable for any costs, loss of earnings, compensation if a deadline is not met.
Nice Work will not be held responsible for any alterations made post hand over of the project to the customer/client.
Content and images needed to begin work will be agreed at least 7 days prior to the work commencement date or by an agreed date if expressively agreed by both parties via email or in writing. If discussions begin less than 7 days prior to the work commencement date then the content and images will be required 7 days from that point or by an agreed date if expressively agreed by both parties via email or in writing.
Nice Work requires all agreed content and images from the customer prior to the work commencement date or by the date agreed. Failure to do so will incur an extra cost of £10 per day unless expressively agreed by both parties via email or in writing and before the commencement of any work.
If the content and images are not received within 8 weeks from the work commencement date then the customer is considered to be in violation of the agreement, the work will be terminated and the customer will be invoiced with the outstanding payment required immediately.
Termination:
Termination requests will be accepted if received in writing with the customer's signature. No other requests other than in writing with the customer's signature will be accepted. The customer will be invoiced for services up until the date the termination request was first received.
Copyright:
All other marks that appear throughout the Products and Services belong to Nice Work or the respective owners of such marks, and international copyright and trademark laws. Any use of any of the marks appearing throughout the Products and Services without the express written consent of Nice Work or the owner of the mark, as appropriate, is strictly prohibited.
Nice Work owns the copyright of any scripts, .cgi applications or software written by Nice Work. Only with written permission can these be commercially reproduced or resold.
Nice Work reserves the copyright rights of all website designs created.
Intellectual Property Infringement Claims:
It is the policy of Nice Work to respond expeditiously to claims of intellectual property infringement. Nice Work will promptly process and investigate notices of alleged infringement and will take appropriate actions under the applicable intellectual property laws. Upon receipt of notices of infringement Nice Work will act expeditiously to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity and will act expeditiously to remove or disable access to any reference or link to material or activity that is claimed to be infringing.
Design Credit:
A discreet link to Nice Work will appear at the bottom of each page of the website.
This agreement is subject to the jurisdiction of the English Legal System.
