Terms and Conditions
The term ‘Adur Design’ or ‘us’ or ‘we’ refers to the owner of the website, the term ‘you’ refers to the user, viewer, customers(s) and individual(s) of our website or the user of Adur Design’s services. The term ‘parties’ refers to the individuals, customers, partnership or company who has engaged Adur Design’s services. The term ‘Services’ refers to the work or services carried out by Adur Design or on the behalf of Adur Design.
Acceptance of Terms
Please read these terms carefully before using our services. By accessing the site, viewing any content or using any services available on the site or engaging us in work of any kind you are agreeing to be bound by these terms. These terms govern our relationship with you in relation to this site, your website or services provided by us to you.
The content of the pages of this website is for your general information and use only and are subject to change without notice.
Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information, materials and services found or offered on this website for any particular purpose.
You acknowledge that such information, materials and services may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by UK law.
Your use of any information and materials on this website and services provided is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
This website contains material which is owned by us (Adur Design). This material includes, but is not limited to, the design, layout, look, appearance, graphics and all code. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
Unauthorised use of this website may give rise to a claim for damages and/or be a criminal offence.
This website also includes links to other websites, these links are provided for your convenience to provide further information and as examples of our work. These links do not signify that we endorse these websites and we have no responsibility for the content of the linked websites.
Description of Service
The Site is an online service offering web design, web development, website support, website maintenance and related website services to operators of websites running on single site installations of WordPress and other content management systems (CMS). Services include, but are not limited to, any service and/or content Adur Design makes available to or performs for you, as well as the offering of any materials displayed, transmitted or performed on the Site or through the Services.
Your access to and use of the Site may be interrupted from time to time as a result of equipment malfunction, updating, maintenance or repair of the Site or any other reason within or outside the control of Adur Design. Adur Design reserves the right to suspend or discontinue the availability of the Site and/or any Service and/or remove any Content at any time at its sole discretion and without prior notice.
If a project timescale has been agreed with you, Adur Design cannot be held liable for any costs incurred or loss of revenue by you if a deadline has not been met, for whatever reason.
In the unlikely event that Adur Design requests information or website content from you for the purpose of delivering services as previously identified and agreed and you fail to deliver to the Adur Design such information or content within five working days of such request.
On delivery of an online project such as a website, e-commerce solution, online shop or any other online project, Adur Design cannot be held liable for any costs incurred or loss of revenue by you if a deadline has not been met, for whatever reason.
In the unlikely event that third party services are disrupted during delivery of such a website, e-commerce solution, online shop or any other online project, Adur Design cannot be held liable for any costs incurred or loss of revenue by you for whatever reason.
We reserve the right to suspend all work on the design, development, delivery, continuation of service or website hosting and reschedule the development, delivery or website hosting once the customer has complied with Adur Design’s request.
Payment details and terms are provided for you on engagement of a website project or service with Adur Design. Payment details and terms are included in our project proposal and subsequent project stage invoices. Project stage invoices are issued at the start of each project stage. Full payment of the amount owed at each staged invoice for work carried out must be received by us within 21 days of the invoice date.
Payment in full for completed projects will be required within the payment schedule and terms stated on the final project invoice(s). None payment may result in suspension or cancellation of services.
Services will be delivered to you in conformity with the specifications in the relevant project specification, including the relevant project proposal and any other relevant written agreement by the parties.
Adur Design warrants that it will use all reasonable endeavours to select and use the Third Party Service Suppliers and Associates, if required, that are most appropriate for the Services and you. But for the avoidance of doubt Adur Design does not warrant that such Third Party Service Suppliers and Associates will be the best or cheapest.
The foregoing warranties are exclusive and in lieu of all other warranties, whether expressed or implied, written or oral, statutory or otherwise.
Services procured for you by Adur Design will not be liable for any defects in Third Party Services supplied by or procured for you by Adur Design from any Third Party Service Supplier, except insofar as Adur Design has the benefit of any warranties as to the Third Party Services from that Third Party Service Supplier. In which case the Company will make all reasonable efforts to assign to you all such warranty rights, and your sole claim to redress for any defects in those services will be against the Third Party Service Supplier.
Release and Indemnity
You hereby expressly and irrevocably release and forever discharge Adur Design, affiliated and associated companies and respectives, officers, employees, agents, independent and dependent contractors, licensees, successors and assigns of and from any and all actions, causes of action, suits, proceedings, liability, debts, judgments, claims and demands whatsoever in law or equity which you ever had, now have, or hereafter can, shall or may have, for or by reason of, or arising directly or indirectly out of your use of the Site and the Services.
You hereby agree to indemnify and hold harmless Adur Design, affiliated and associated companies, and their respective directors, officers, employees, agents, representatives, independent and dependent contractors, licensees, successors and assigns from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable lawyer’s fees, resulting from or arising out of (i) a breach of these Terms, (ii) the use of the Services, by you or any person using your account or (iii) any violation of any rights of a third party.
Limitation of Liability
In no event shall Adur Design be liable under contract, tort, strict liability, negligence or other Legal theory with respect to the site, the service, online projects or any website content for any lost profits or Special, indirect, incidental, punitive, or consequential damages of any kind whatsoever.
Adur Design (adurdesign.co.uk) and other graphics, logos, designs, page headers, button icons, scripts, and service names are intellectual property of Adur Design or where relevant there Associate Designer(s). Adur Design’s intellectual property may not be used in connection with any product or service without the prior written consent of Adur Design.
Adur Design reserves the right, at its sole discretion, to modify or replace the terms at any time. If the alterations constitute a material change to the terms. What constitutes a material change will be determined by us at our sole discretion. You shall be responsible for reviewing and becoming familiar with any such modifications. Using any service or viewing any content following notification of a material change to the terms shall constitute your acceptance of the Terms as modified.
No agency, partnership, joint venture, or employment is created as a result of the Terms and you do not have any authority of any kind to bind Adur Design in any respect whatsoever. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. Adur Design shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Adur Design’s reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation.
If any provision of the Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the Terms shall otherwise remain in full force and effect and enforceable. DAdur Design may transfer, assign or delegate the Terms and its rights and obligations without consent.
The Terms shall be governed by and construed in accordance with the laws of the UNITED KINGDOM and the parties hereby submit to the exclusive jurisdiction of the ENGLISH courts. Both parties agree that the Terms is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of the Terms, and that all modifications must be in a writing signed by both parties, except as otherwise provided herein.