Terms & Conditions
By placing an order with SMACT, you confirm that you are in agreement with and bound by the terms and conditions below.
The Client :The company or individual requesting the services of SMACT. SMACT: Primary designer/site owner & employees or affiliates.
Web,Social, Mobile Apps, Cloud & Allied Services
Whilst every endeavor will be made to ensure that the website and any scripts or programs are free of errors, SMACT cannot accept responsibility for any losses incurred due to malfunction, the website or any part of it.
The website, graphics and any programming code remain the property of SMACT until all outstanding accounts are paid in full.
SMACT cannot take responsibility for any copyright infringements caused by materials submitted by the client. We reserve the right to refuse any material of a copyrighted nature unless adequate proof is given of permission to use such material
Any additions to the brief will be carried out at the discretion of SMACT and where no charge is made by SMACT for such additions, SMACT accept no responsibility to ensure such additions are error free and reserve the right to charge an according amount for any correction to these or further additions.
The client agrees to make available as soon as is reasonably possible to SMACT all materials required to complete the site to the agreed standard and within the set deadline.
SMACT will not be liable for costs incurred, compensation or loss of earnings due to the failure to meet agreed deadlines.
SMACT will not be liable or become involved in any disputes between the site owner and their clients and cannot be held responsible for any wrongdoing on the part of a site.
SMACT will not be liable for any costs incurred, compensation or loss of earnings due to the work carried out on behalf of the client or any of the clients appointed agents.
SMACT will not be liable for any costs incurred, compensation or loss of earnings due to the unavailability of the site, its servers, software or any material provided by its agents.
Once a website has been designed and completed the final balance of payment is then due in accordance with our payment terms. There are no exceptions to this, i.e If the client decides they no longer want the site, as they have commissioned the work and paid a deposit they are still obliged to pay for the work that has been done. Non payment will result in legal action being taken if necessary.
Database, Application and E-Commerce Development
SMACT cannot take responsibility for any losses incurred by the use of any software created for the client. Whilst every care has been taken to ensure products are problem free and accurate, the ultimate responsibility lies with the client in ensuring that all software is functioning correctly before use.
Any scripts, cgi applications or software (unless specifically agreed) written by SMACT remain the copyright of SMACT and may only be commercially reproduced or resold with the permission of SMACT.
Where applications or sites are developed on servers not recommended by SMACT, the client is expected to provide or seek any information,additional software,support or co-operation pertaining to the server required in order for the application to be correctly developed. Where large applications are to be developed, it is the clients responsibility to provide a suitable testing environment which is identical to the final production environment.
The client is expected to test fully any application or programming relating to a site developed by SMACT before being made generally available for use. Where "bugs", errors or other issues are found after the site is live, SMACT will endeavor (but is not obliged to) to correct these issues to meet the standards of function outlined in the brief.
SMACT will endeavor to ensure that any developed/designed site or application will function correctly on the server it is initially installed in and that it will function correctly when viewed with the web browsing software Microsoft Internet Explorer Version 6 and to an acceptable level with Mozilla browsers. SMACT can offer no guarantees of correct function with all browser software.
Payment of Accounts
A deposit is required from any new client before any work is carried out. It is the SMACT policy that any outstanding accounts for work carried out by SMACT or its affiliates are required to be paid in full, no later than 7 days from the date of the invoice unless by prior arrangement with SMACT.
Once a deposit is paid and work completed you are obliged to pay the balance of payment in full. We will contact clients via email and telephone to remind them of such payments if they are not received when due.