Terms Of Service
Clean Visuals (“we,” “us,” or “our”) operates the https://cleanvisualsagency.com/ website (hereinafter referred to as the “Service”).
These terms of service (the “Terms”) govern your access to and use of the Service, and constitute a legal agreement between you and Clean Visuals. Please read the Terms carefully before using the Service. By accessing or using the Service, you agree to be bound by these Terms. If you do not agree to all the terms and conditions of this agreement, then you may not access the Service.
It is not necessary for you to sign an acceptance of these Terms for them to apply. If you access or use the Service, you will be deemed to have satisfied yourself as to the terms applying and have accepted these Terms in full.
Clean Visuals will provide web design services to you only where an agreement is provided either by email, telephone, mail, or fax. An “order” is deemed to be a written or verbal contract between Clean Visuals and you, this includes telephone and email agreements.
Please ensure that you read the project design, breakdown, quote, and these Terms carefully and that all details of the work are included, understood, and mutually agreed upon.
Unless otherwise agreed upon with you, the timeframe for completion of work may vary and can take from 1 to 6 months after approval of design and plan, depending on the scale of the work. Timeframes for the project will be discussed with you before the project commences. Clean Visuals will do our best to complete the project as soon as reasonably possible.
For a high standard of quality to be produced, please allow sufficient time for the project to be completed.
During the project, Clean Visuals will require you to provide website content, including text, images, movies, and sound files. Clean Visuals is a small business, and to remain efficient, we must ensure that the work we have programmed is carried out at the scheduled time. On occasions, we may have to reject offers for other work and enquiries to ensure that your work is completed at the time arranged.
This is why we ask that you provide all the required information in advance. If progress cannot be made with your website because we have not been given the required information in the agreed timeframe, and we are delayed as a result, we reserve the right to impose a surcharge of up to 25%. If your project involves search engine optimization, we need the text content for your site in advance so that the SEO can be planned and completed efficiently.
If you agree to provide us with the required information and subsequently fail to do so within one week of project commencement, we reserve the right to close the project, and the balance remaining becomes payable immediately.
Please Note: Text content should be delivered as a Microsoft Word document, email (or similar) with the pages in the supplied document representing the content of the relevant pages on your website. These pages should have the same titles as the agreed website pages. Contact us if you need clarification on this.
If you are using our content management system, you will be able to keep your content up to date yourself.
Design And Copyright
Clean Visuals cannot accept responsibility for any losses incurred due to malfunction of the website or any part of it.
The website, graphics, and any programming code remain the property of Clean Visuals until all outstanding accounts are paid in full, unless provided by the client previously.
Any scripts, cgi applications, PHP scripts, or software (unless specifically agreed) written by Clean Visuals remain the copyright of Clean Visuals and may only be commercially reproduced or resold with the permission of Clean Visuals.
Clean Visuals 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 Clean Visuals and where no charge is made by Clean Visuals for such additions, we 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 Clean Visuals all materials required to complete the site to the agreed standard and within the set deadline.
Clean Visuals will not be liable for costs incurred, compensation, or loss of earnings due to the failure to meet agreed deadlines.
Clean Visuals 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 owner.
Clean Visuals 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.
Clean Visuals 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.
Standard Media Delivery
Unless otherwise specified in the project quotation, this agreement assumes that all required text and images will be provided by you in digital form, via email or on a disk. Any additional costs for media conversion will be added to the final invoice.
When you place an order for website design or updates from Clean Visuals, it represents an offer to purchase these services from us. A contract for the supply of these services does not exist until we send you an invoice for payment, at which point the invoice represents acceptance by Clean Visuals of your offer to purchase our services. This acceptance of work is a valid contract between you and Clean Visuals, regardless of whether you receive the invoice.
Please note that all payments for our services must be made upfront, after the mockup has been approved. Any additional work requested by you that is not specified in the original quotation will be subject to an additional quotation and may affect the timeline and overall delivery time of the project.
You are responsible for providing all necessary information and content to Clean Visuals in a timely manner to enable us to complete the design or website work as agreed upon. Clean Visuals is not responsible for adding content to the website, but we do provide a content management system for you to add material yourself. If an agreement is made for Clean Visuals to add content to the website, it must be provided in a timely fashion. If the content is not provided quickly enough, Clean Visuals will complete the website and the CMS with basic templates, and all project fees will be owed. Additional changes to the content after it has been added by Clean Visuals will be chargeable. Clean Visuals is not responsible for proofreading or checking the accuracy of the content.
Prices are subject to change without notice. All quoted prices are exempt of VAT.
Payments are made on a staged basis, with each stage paid in advance of any work. All invoices must be paid in full within 7 days of the invoice date, except where agreed at Clean Visuals’ discretion. No further work will commence until each staged payment has been made.
Clean Visuals reserves the right to decline further work on a project if there are invoices outstanding with the client. We also reserve the right to remove our work for the client from the Internet if payments are not received.
Liability and Warranty Disclaimer
Clean Visuals provides our website and the contents thereof on an “as is” basis and makes no warranties with regard to the site and its contents, or the fitness of the services offered for a particular purpose. We cannot guarantee the functionality or operations of our website or that it will be uninterrupted or error-free, nor do we warrant that the contents are current, accurate, or complete.
The client agrees that Clean Visuals is not liable for any bugs, performance issues, viruses, trojans, or malware attacks or failure of our WordPress, WooCommerce, and Shopify software, as these platforms are open-source software distributed under the GPL (“GNU General Public License”) and are maintained and developed by a community of thousands of users and developers. Any bugs, performance issues, or failure with the software will be directed to the respective development communities via WordPress.org, WooCommerce.org, and Shopify.com. It will be necessary to regularly update WordPress, WooCommerce, and Shopify, as well as any plugins or other software used in the website. Unless a support contract is opted for by the client, updates are not the responsibility of Clean Visuals. Therefore, we cannot be held responsible for any faults, bugs, viruses, trojans, malware, etc., or problems occurring on the site or with the hosting.
As a web design agency, Clean Visuals does not offer hosting services. All websites designed by us must be hosted on the client’s own hosting solution, and it is the client’s responsibility to ensure the website is functional and secure on their hosting. Clean Visuals is not responsible for any issues or faults that may occur on the website or the client’s hosting. The client is also responsible for backing up all data on their website.
Clean Visuals endeavors to deliver websites within the agreed upon timeline, but we are not liable for any claims, losses, or compensation resulting from any failure to meet these delivery timescales. Responsibility for any problems on their hosting solution will lie solely with the client and not Clean Visuals.
Clean Visuals is in no way responsible for the date on the client’s website. It is the client’s responsibility to back up all data.
If Clean Visuals is replacing an existing website created by anyone else, the client is responsible for making suitable backups before the new website can be uploaded. Once the new website is live, Clean Visuals can in no way be held responsible for the previous website. Clean Visuals endeavors to provide a website within given delivery timescales to the best of our ability. However, the client agrees that we are not liable for any claims, losses, costs incurred, or compensation due to any failure to carry out services within a given delivery timescale.
We are not liable for any failure to carry out services for reasons beyond our control, including but not limited to acts of God, telecommunication problems, software failure, hardware failure, third party interference, government actions, emergencies on a major scale, or any social disturbance of extreme magnitude.
The client agrees to indemnify and hold Clean Visuals and its employees, agents, and affiliates harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of the client’s use of our website or services, the client’s connection to our website, the client’s violation of these terms and conditions, or the client’s violation of any rights of another.
The client agrees that Clean Visuals’ total liability, whether in contract or tort (including negligence) or otherwise, arising out of or in connection with the performance or contemplated performance of this Agreement shall be limited to the fees paid to us under this Agreement.
Clean Visuals shall not be liable for any loss of profits, loss of contracts, loss of data, or any indirect or consequential loss arising out of or in connection with the performance or contemplated performance of this Agreement.
Nothing in these terms and conditions shall exclude or limit Clean Visuals’ liability for death or personal injury resulting from our negligence or that of our employees or agents.