Definitions:
The Client: The company or individual requesting the services of Plush Marketing Inc.
Plush Marketing Inc: Primary designer/site owner & employees or affiliates.
General
Plush Marketing Inc will carry out work only where an agreement is provided either
by email, telephone, mail or fax. Plush Marketing Inc will carry out work only for cli-
ents who are 18 years of age or above. An ‘order’ is deemed to be a written or verbal
contract between Plush Marketing Inc and the client; this includes telephone and
email agreements.
Website Design
Whilst every endeavor will be made to ensure that the website and any scripts or
programs are free of errors, Plush Marketing Inc 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 Plush Mar-
keting Inc until all outstanding accounts are paid in full.
Any scripts, cgi applications, php scripts, or software (unless specifically agreed) writ-
ten by Plush Marketing Inc remain the copyright of Plush Marketing Inc and may only
be commercially reproduced or resold with the permission of Plush Marketing Inc.
Plush Marketing Inc 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 briefs provided will be carried out at the discretion of Plush Mar-
keting Inc and where no charge is made by Plush Marketing Inc for such additions,
Plush Marketing Inc accepts no responsibility to ensure such additions are error free
and reserves 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 Plush Market-
ing Inc all materials required to complete the site to the agreed standard and within
the set deadline.
Plush Marketing Inc will not be liable for costs incurred, compensation or loss of
earnings due to the failure to meet agreed deadlines.
Plush Marketing Inc will not be liable or become involved in any disputes between
the site owner and their clients and cannot be held responsible for any wrongdo-
ing on the part of a site owner. eg. Any disputes re content/images that have been
provided to us for inclusion on the site.
Plush Marketing Inc 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.
Plush Marketing Inc 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.
A deposit of 50% is required with any standard project and 75% for database driven
projects before any design work will be carried out.
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. Once full pay-
ment is received for a website, it is assumed that the project has been completed to
the clients satisfaction and no refunds can be offered. We do offer free updates for a
month after completion to allow for any final amendments that may be required.
Database, Application and E-Commerce Development
Plush Marketing Inc 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 prod-
ucts are problem free and accurate, the ultimate responsibility lies with the client in
ensuring that all software is functioning correctly before use.
Any scripts, applications or software (unless specifically agreed) written by Plush
Marketing Inc remain the copyright of Plush Marketing Inc and may only be com-
mercially reproduced or resold with the permission of Plush Marketing Inc.
Where applications or sites are developed on servers not recommended by Plush
Marketing Inc, 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 devel-
oped, 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 Plush Marketing Inc before being made generally available for use.
Where “bugs”, errors or other issues are found after the site is live, Plush Marketing
Inc will endeavor (but is not obliged to) to correct these issues to meet the stan-
dards of function outlined in the brief
Compatibility
Plush Marketing Inc will endeavor to ensure that any developed/designed site or ap-
plication 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. Plush Marketing
Inc can offer no guarantees of correct function with all browser software.
Website Hosting
Whilst Plush Marketing Inc recommends hosting companies to host websites, no
guarantees can be made as to the availability or interruption of this service by Plush
Marketing Inc cannot accept liability for losses caused by the unavailability, malfunc-
tion or interruption of this service, or for loss of turnover, sales, revenue, profits or
indirect, consequential or special loss.
Plush Marketing Inc reserve the right to refuse to handle in any way, material which
may be deemed offensive, illegal or in any way controversial, and also to terminate
the free hosting service should the necessity arise.
Website Optimization
Due to external factors, such as changes to the way search engines rank websites,
we cannot offer any guarantees regarding the position we will achieve for websites.
The process of optimizing websites itself will bring in more traffic and hits and you’ll
see visits increase to your site naturally. We cannot accept liability for any change in
rankings, or drop off in the position of your website due to changes in the algorithms
of the search engines or the factors that they use to rank websites.
We use ‘white hat techniques’ when optimizing websites and always aim to achieve a
top ten ranking for your website within six months of undertaking the optimization
process. Due to the work involved payment is generally required in advance and we
are unable to offer a refund of any monies to clients in relation to this type of work.
Plush Marketing Inc reserves the right to refuse to handle in any way, material which
may be deemed offensive, illegal or in any way controversial.
Payment of Accounts
A deposit is required from any new client before any work is carried out. It is Plush
Marketing Inc policy that any outstanding accounts for work carried out by Plush
Marketing Inc or its affiliates are required to be paid in full, no later than 30 days from
the date of the invoice unless by prior arrangement with Plush Marketing Inc.
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.
If accounts are not settled or Plush Marketing Inc have not been contacted regarding
the delay, access to the related website may be denied and web pages removed, we
will then pass such cases to the Small Claims Court to pursue payment, non payment
can result in county court judgments (ccj’s) being added to the clients credit rating.
Following consistent non payment of an invoice our Solicitors will contact the client
in question, with a view to taking the matter further and if need be to seek payment
through legal procedures, and if necessary court summons.
Your Privacy
We do not share or sell any of your details with third party companies, without your
express permission and we will only email you or contact you about work related
matters.
Complaints Procedure
• Informal procedure
Anyone who experiences a problem with their web service provided by Plush Mar-
keting Inc should raise the matter directly using our online contact form or by speak-
ing to a customer service representative, giving sufficient information to locate the
material (such as an url) and clearly outlining the grounds for complaint.
Plush Marketing Inc will approach the individual responsible for the material in ques-
tion with a view to resolving the matter to the satisfaction of the complainant.
• Formal complaints procedure
The formal complaints procedure should only be used where the complainant feels
that the nature of the complaint is too serious to be dealt with informally, or where a
satisfactory conclusion has not been reached after following the informal procedure.
A formal complaint should be made in writing to Plush Marketing Inc, who will
acknowledge receipt and ensure that the matter is looked into as soon as possible.
An initial response to any complaint can be expected within seven days of its receipt;
a full and considered response to the complaint should be completed within 30 days
and any subsequent remedy implemented with the minimum of delay.
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