Terms and Conditions
1. Definitions
- Domain Name: The website address of the client's website.
- Content: Information, data, templates, text, software, music, sound, photographs, graphics, video messages or other material provided access by Artistic Insights through the Web Services, excluding Client Data.
- Hosting: Refers to keeping your website active online.
- SEO (Search Engine Optimisation): The process of improving ranking in search engine results.
- OSO (Organic Search Services): Maximising your site's organic content to potentially increase higher ranking on search engines.
2. General
- 2.1: The Terms and Conditions, together with the privacy policy, form an agreement between Artistic Insights Ltd and the visitor or user of this website and the products of Artistic Insights.
- 2.2: By using this website or making a purchase on this website, you agree to our privacy policy and terms and conditions. It is your responsibility to read these documents.
- 2.3: The products on this website are aimed to be sold in the UK and may only be purchased by customers who are 18 years old or over.
- 2.4: Artistic Insights reserves the right to make modifications to the Terms and Conditions and privacy policy at any time.
3. Termination
- 3.1: This Agreement shall be effective as of the time frame set forth on receipt of settling the initial invoice and signing our SOW. This Agreement may be terminated by either party upon written notice to the other within sixty (60) days of receipt of the notice. This Agreement may be terminated by the Agency (i) immediately if the Client fails to pay any fees hereunder; or (ii) if the Client fails to cooperate with the Agency or hinders the Agency's ability to perform the Services hereunder.
- 3.2: The Client shall pay all outstanding invoices and all other sums due to the Agency under this Agreement (or in respect of the relevant Services). In addition to its obligations to make payments under the express terms of this Agreement, if the Client arranges for a third party to provide the Services during the Notice Period, it shall pay the Agency a sum equivalent to the remuneration which the Agency would have received had the Agency provided the Services during that period.
4. Copyright & Intellectual Property
- 4.1: Artistic Insights Ltd expects clients to ensure that the content, operation, and purpose of their website is legal. We reserve the right to remove a client website from our servers if we believe that it is operating illegally. Please ensure that any images or content you use on your website is available to use legally.
- 4.2: If we have used images on your website, they are licensed for single use only and they cannot be used elsewhere or for a different purpose. We are not responsible for misuse of these images if they are copied, altered, and distributed by individuals or other organisations.
- 4.3: Artistic Insights Ltd will not be responsible for any events adversely affecting the client's business operation, sales or profitability that might be claimed because of a service offered by Artistic Insights Ltd.
- 4.4: The website, content, and other designs by Artistic Insights Ltd or its created websites are the intellectual property of Artistic Insights Ltd and visitors or customer may not copy, access the code, modify, reverse engineer, distribute or publish, without the written consent of Artistic Insights.
5. SEO Services
- 5.1: In performing the Organic Search Services (OSO), Artistic Insights shall develop a plan intended to increase the visibility of the Client's Website(s) and improve the search ranking of the Website(s) in relation to search terms relevant to the Client's business and provide related program strategy and tactical recommendations.
- 5.2: The Client acknowledges that the OSO Services will require modifications to the Website(s) which may include changes to site titles, metadata, copy, structure, links, and other factors that influence higher index visibility and keyword ranking.
- 5.3: The Client will be responsible for providing appropriate personnel to work with Artistic Insights to implement the recommendations provided as part of the OSO Services.
- 5.4: The Client shall be solely responsible for operating, maintaining, and managing all aspects of the Website, unless the website is being managed and hosted by Artistic Insights.
6. Design & Development
- 6.1: Proprietary code. Should Artistic Insights write custom code for a website or application required by the client, then the copyright for such code shall remain with Artistic Insights. E.g., E-commerce functionality. In such cases, Artistic Insights shall authorize the client to make full usage of such code within the confines of their own business only, unless agreed separately in writing.
- 6.2: Artistic Insights will own the right to the IP of all online websites, platforms or applications (including modifications/bespoke coding made to open-source solutions) which are being built or edited, until all work on them has been completed and paid for.
- 6.3: When building a website for a client, it is the client's responsibility to make sure they respond to us accordingly and without delay to gather feedback and information regarding the business. If delays in communication occur (5 days or more) for more than THREE consecutive attempts, no work will continue until a response is received.
- 6.4: No development work will commence for any project where the client does not (i) fill out the Website Implementation Form and (ii) provide us with access details to the domain for us to go live. (if they own one)
- 6.5: Artistic Insights will aim to deliver website projects in a timely manner and will work towards deadlines. However, Artistic Insights cannot promise an exact date of delivery of the project, or any other parts of the development project, as this relies on many factors, including delayed responses from the client. However, we will always push towards a deadline.
- 6.6: Artistic Insights is not responsible for any legality or compliance issues related to a pharmacy website that the client purchases. Although Artistic Insights holds a great deal of information regarding legality or compliance in the pharmacy and healthcare space, Artistic Insights can advise only. It is the responsibility of the Client to ensure that any website or application that has been developed for them is legally compliant according to the governing bodies that they are regulated by.
7. Domain Names & Links
- 7.1: Clients can transfer their existing domain names or, if required, a domain name can be registered by Artistic Insights Ltd for a website that we design and develop. The domain name purchased by us will be registered under Artistic Insights and fully managed by us.
- 7.2: Domain names require yearly renewal and there is an associated fee with this. If we do not receive your subscription fee on time and it expires, your domain name will not be renewed which can risk its availability. We will cover the fee for the 1st Year.
- 7.3: Artistic Insights Ltd does not accept any responsibility or liability for a domain name becoming unavailable or being purchased by someone else in case of expiry.
- 7.4: We place a small link at the bottom of the client website which states the website is designed and developed by us.
8. Payments
- 8.1: Different services have different payment plans and it is the responsibility of the customer to select a suitable plan for their needs.
- 8.2: Plans where services are provided on a subscription basis, the customer is buying a licence to use the product or service and if they don't keep up with the payment plan, the service or product will be deactivated (hosting). In the case of a website, it will be made offline. The design and code of the websites remain the property of the provider “Artistic Insights” and Artistic Insights Ltd reserves full copyrights for all the designs and content.
- 8.3: The advertised prices exclude VAT and the VAT rate at the time of the purchase will be added to the final purchase price of all products and services.
- 8.4: With Logo designs, the design rights will be handed over to the purchaser once the full payment is received.
- 8.5: Social Media and website subscription fee must be paid on time to ensure the continuation of service. If the payments are not received on time, Artistic Insights Ltd reserve the rights to stop the service without any notice.
- 8.6: The payment we receive is used to pay for components such as hosting and domain name purchasing and therefore, these payments are non-refundable.
9. Communication
- 9.1: Our main and preferred method of communication with clients is through email. It is the responsibility of the client to ensure that they provide us with their correct and current email address. Any changes to the email address or other contact details need to be communicated to us. We will notify our clients through email of important news and updates so we must have your correct and most current email address.
- 9.2: In an event of an emergency, you may contact us by phone, if urgent action is required. We cannot be liable for any events if we do not receive your communication.
- 9.3: We will contact you between the development phase of the project, if the client does not respond to communication for longer than 2 months, the project will be terminated and no refunds or transfer of fee to a new project will be available. We will make 5 attempts to communicate through the contact details provided to us by the client.
10. Support
- 10.1: For a website hosted by us, we will be available Monday to Friday between the hours of 9 am to 5 pm. This excludes bank holidays. This support will be through email. Any technical issues will be dealt with as soon as practically possible. We aim to be prompt and provide the best service at all times.
- 10.2: Our email account address is available on our Contact Us page.
- 10.3: We are a team of professionals and expect professionalism from all our clients. We reserve the rights to cancel contracts in case of abusive or unacceptable behaviour towards our team, without any refunds.
11. Liability & Limitations
- 11.1: In no case shall the liability of Artistic Insights Ltd exceed the price paid by the client for the service under the agreement. In no event shall Artistic Insights Ltd be liable to the customer or any end-user for any damages including, without limitation, consequential damages, special damages, lost profits, whether incurred by customer or end-user.
- 11.2: Artistic Insights Ltd is solely a design and development company. We do not accept any responsibility and have no liability for any content or damages that occur due to the content of the client website, directly or indirectly.
- 11.3: It is the responsibility of the client to check and monitor the content of their website and social media accounts at all times.
- 11.4: It is the responsibility of the client to keep their website login details safe and take appropriate steps to protect their website from external attacks. Artistic Insights Ltd will not be responsible for any loss of data or hacking of the website.
- 11.5: We recommend that the client uses antivirus and installs regular updates to avoid any intrusion.
12. Disclaimer
- 12.1: Artistic Insights cannot warrant that the SEO services will meet the client's expectations or requirements. The entire risk as to the quality and performance is with the client. Except as otherwise specified in this agreement, Artistic Insights provides its services "as is" and without warranty of any kind. The parties agree that: (a) the limited warranties set forth in this section are the sole and exclusive warranties, provided by each party, and; (b) each party disclaims all other warranties, express or implied, including but not limited to, the implied warranties of merchantability and fitness for a particular purpose, relating to this agreement, performance, or inability to perform under this agreement, the content, and each party's computing and distribution system. If any provision of this agreement shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from the agreement and shall not affect the validity and enforceability of any remaining provisions.
- 12.2: Artistic Insights Ltd is solely a design and development company, we do not accept any responsibility and have no liability for any content or damages that occur due to the content of the client website, directly or indirectly.
13. Subcontractors
- 13.1: Artistic Insights Ltd may use subcontractors from time to time for tasks like translation, design, or photography. Any engagement with subcontractors shall only be limited to the task set out by Artistic Insights Ltd. The customer shall not contact the subcontractor directly; all communication shall be always through Artistic Insights Ltd. Any such communication will be breaching the contract and will result in termination of the contract without any refunds.