Really important and worth reading…
We work well with our clients because our relationships are based on honesty and trust, but all work needs guidance in the forma of terms and conditions.
Please do read them – it’s important that you know what we charge for and why we charge it, why certain copyright files are not released by us and also what charges you might incur for late payment, additional work or copyright releases.
If you have any questions, please do ask immediately.
Thank You.
Vission Architecture
Website Terms & Conditions
3.10.2019
BACKGROUND:BACKGROUND:
This agreement applies as between you, the User of this Web Site and Vission Architecture, the owner(s) of this Web Site. Your agreement to comply with and be bound by these terms and conditions is deemed to occur upon your first use of the Web Site. If you do not agree to be bound by these terms and conditions, you should stop using the Web Site immediately.
1. Definitions and Interpretation
In this Agreement the following terms shall
have the following meanings:
“Content” -means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Web Site;
“Vission Architecture”– means Vission Architecture;
“Service”– means any online communications infrastructure that Vission Architecture makes available through the Web Site either now or in the future. This includes, but is not limited to, web-based email, message boards, live chat facilities and email links;
“User” / “Users”– means any third party that accesses the Web Site and is not employed by Vission Architecture and acting in the course of their employment; and
“Web Site”– means the website owned by Vission Architecture that you are currently using (www.vissionarchitecture.com) and any sub-domains of this site (e.g. subdomain.blog.vissionarchitecture.com) unless expressly excluded by their own terms and conditions.
2. Intellectual Property
2.1 All Content included on the Web Site, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of Vission Architecture, our affiliates or other relevant third parties. By continuing to use the Web Site you acknowledge that such material is protected by applicable intellectual property laws and other relevant laws of the country the company is registered.
2.2 Subject to sub-clause 2.3 you may not reproduce, copy, distribute, store or in any other fashion re-use material from the Web Site unless otherwise indicated on the Web Site or unless given express written permission to do so by Vission Architecture.
2.3 Material from the Web Site may be re-used without written permission where any of the exceptions detailed in the registered country law.
2.4 For services provided by Vission Architecture, Vission Architecture assigns to the Client, without any further payment, all rights known as “intellectual property rights” (such as copyrights, or rights in designs) which arise in relation to any work prepared by the Vission Architecture in the course of carrying out the Services (called “Works”), and any ideas or inventions or innovations (called “Inventions”) they come up with in the course of carrying out the Services. This applies whatever form those Works or those Inventions take. Vission Architecture agrees that if they are prevented by law from transferring these things to the Client, they will hold them on the Client’s behalf, on the basis that the law calls “on trust”.
3. Links to Other Web Sites
This Web Site may contain links to other sites. Unless expressly stated, these sites are not under the control of Vission Architecture or that of our affiliates. We assume no responsibility for the content of such web sites and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site on this Web Site does not imply any endorsement of the sites themselves or of those in control of them.
4. Links to this Web Site
Those wishing to place a link to this Web Site on other sites may do so only to the home page of the site www.vissionarchitecture.com without prior permission. Deep linking (i.e. links to specific pages within the site) requires the express permission of Vission Architecture. To find out more please contact us by email at info@vissionarchitecture.com.
5. Privacy
5.1 For the purposes of applicable data protection legislation, the Vission Architecture will process any personal data you have provided to it in accordance Privacy Policy available on the Vission Architecture website or on request fromVission Architecture.
5.2 You agree that, if you have provided Vission Architecture. with personal data relating to a third party (1) you have in place all necessary appropriate consents and notices to enable lawful transfer such personal data to Vission Architecture and (2) that you have brought to the attention of any such third party the Privacy Notice available on the Vission Architecture’s website or otherwise provided a copy of it to the third party. You agree to indemnify Vission Architecture in relation to all and any liabilities, penalties, fines, awards or costs arising from your non-compliance with these requirements.
6. Disclaimers
6.1 Vission Architecture makes no warranty or representation that the Web Site will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure and that all information provided will be accurate. We make no guarantee of any specific results from the use of our Service.
6.2 No part of this Web Site is intended to constitute advice and the Content of this Web Site should not be relied upon when making any decisions or taking any action of any kind.
6.3 Vission Architecture makes no warranties of any kind, express or implied, for any and all products and/or services that it supplies. Vission Architecture will not be held responsible for any and all damages resulting from products and/or services it supplies. Vission Architecture is not responsible for any loss, or consequential loss of data, or non-delivery of products or services, of whatever cause. While we take reasonable steps to investigate the materials we recommend, we accept no responsibility for the performance or quality of materials or any consequential loss arising from their failure. The customer agrees not to hold Vission Architecture responsible for any such loss or damage. Any claim against Vission Architecture shall be limited to the relevant fee(s) paid by the customer.
6.4 Vission Architecture reserves the right to use the services of collaboration partners such as 99Designs, Toptal, SquareSpace, Shopify etc and sub-contractors, agents and suppliers and any work, content, services and usage is bound by their Terms and Conditions. Vission Architecture will not knowingly perform any actions to contravene these and the client also agrees to be so bound to Vission Architecture’s Terms and Conditions.
7. Availability of the Web Site
7.1 The Service is provided “as is” and on an “as available” basis. We give no warranty that the Service will be free of defects and / or faults. To the maximum extent permitted by the law we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.
7.2 Vission Architecture accepts no liability for any disruption or non-availability of the Web Site resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.
8. Limitation of Liability
8.1 To the maximum extent permitted by law, Vission Architecture accepts no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Web Site or any information contained therein. Users should be aware that they use the Web Site and its Content at their own risk.
8.2 Nothing in these terms and conditions excludes or restricts Vission Architecture’s liability for death or personal injury resulting from any negligence or fraud on the part of Vission Architecture.
8.3 Every effort has been made to ensure that these terms and conditions adhere strictly with the relevant provisions of the laws that apply in the country the company is registered, in the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these terms and conditions and shall not affect the validity and enforceability of the remaining terms and conditions. This term shall apply only within jurisdictions where a particular term is illegal.
9. No Waiver
In the event that any party to these Terms
and Conditions fails to exercise any right or remedy contained herein, this
shall not be construed as a waiver of that right or remedy.
10. Previous Terms and Conditions
In the event of any conflict between these
Terms and Conditions and any prior versions thereof, the provisions of these
Terms and Conditions shall prevail unless it is expressly stated otherwise.
11. Notices
All notices / communications shall be given to us) by email to info@vissionarchitecture.com. Such notice will be deemed received the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.
12. Payments
12.1 Payments made directly to our are accepted via Paypal ONLY, while payments made from our partner companies such as 99Designs, Toptal, SquareSpace, Shopify etc will be accepted in their method of payment. When working through our website, you will be sent an invoice from Vission Architecture and will make the payment from the link of checkout sent. You do NOT need to have a Paypal account in order to make a payment through our website. There is an option on the invoice to pay via credit card, debit card, or electronic check. While through our partners companies such as 99Designs, Toptal, SquareSpace, Shopify etc you need to pay through their method of payment in the account you have in that platform.
12.2 We work on full price payments in advance for project. Additional charges may apply during the creation of the project and/or after it is finished (more on this topic below).
12.3 Additional charges (for graphics) will be applied if any pictures or illustrations are needed through stock sites such as iStock or Dreamstime or if you require additional design work to be done. (We will not purchase any images until we have client approval). Original image files work will not be emailed until the full additional balance has been paid. Additional charges (for site builds) will be applied if the client needs additional work that is outside of the original quote or package specifications.
12.4 Client has 10 days to make their additional payment, no additional design work or/and purchased images will be done, until the payment is made.
12.5 Publication and/or release of work done by Glazier Design on behalf of the client, may not take place before cleared funds have been received.
13. Charges for Other Services
13.1 Charges for any additional services requested during the project that are over and above the estimated time or out of scope, will become fully payable (100% of the quoted amount) at the time of estimate or quotation acceptance.
13.2 Some things may fall outside of the scope of a project in our package pricing, such as: SEO Services, Graphics such as options, sidebar graphics, or other graphics etc
13.3 Or Additional Coding & Customizations of a theme such as changing the original layout of a premium template and adding additional widget sections or tables which require the help of our coder. Some themes are easier to update than others but we will be very clear in our communication if something like this does come up. We will not make any changes that incur additional charges, unless we receive client approval first.
14. No Refunds
REFUNDS WILL NOT BE PROVIDED FOR ANY SERVICES. WE DO NOT PROVIDE CREDIT, REFUNDS, OR PRORATED BILLING FOR PAYMENTS MADE. In such a circumstance, Vission Architecture will deliver the project to the client for which the client has made payment. Vission Architecture is not responsible for clients that claim not to use its design services and does not provide refunding. Due to the custom nature of our work, Vission Architecture does not issue refunds for any reason at all.
15. Source Files
15.1 We will supply proofs and PDF files as appropriate for printing, or other graphic files as detailed in the job scope or request.
15.2 Charges for design work do not cover the release of our copyright design source files, including but not restricted to indd, psd, AI, png, fla or other source files or raw code; if the Client requires these files for transfer to an in-house or other designer, they will be subject to a separate quotation or ‘buy-out’ charge.
16. Alterations
16.1 The customer agrees that changes required over and above the estimated work, or in addition to the agreed scope, or where the client makes changes to the supplied copy or changes required to be carried out after acceptance of the draft design, will be liable to a separate charge.
16.2 The customer also agrees that Vission Architecture holds no responsibility for any amendments made by any third party, before or after a design is published. By supplying text, images and other data to Glazier Design for inclusion in the customer’s website or other medium, the customer declares that it holds the appropriate copyright and/or trademark permissions. The ownership of such materials will remain with the customer, or rightful copyright or trademark owner.
17. Licensing
17.1 Any design, copywriting, drawing, idea or code created for the customer by Vission Architecture, or any of its contractors, is licensed for use by the client on a one-time only basis and may not be modified, re-used, or re-distributed in any way or form without the express written consent of Vission Architecture and any of its relevant sub-contractors.
17.2 All design work – where there is a risk that another party make a claim, should be registered by the client with the appropriate authorities prior to publishing or first use or searches and legal advice sought as to its use.
17.3 Vission Architecture will not be held responsible for any and all damages resulting from such claims. Vission Architecture is not responsible for any loss, or consequential loss, non-delivery of products or services, of whatever cause. The customer agrees not to hold Vission Architecture responsible for any such loss or damage.
17.4 Any claim against Vission Architecture shall be limited to the relevant fee(s) paid by the customer.
18. Data Formats
18.1The client agrees to Vission Architecture’s definition of acceptable means of supplying data to the company.
18.2 Text is to be supplied to Vission Architecture in electronic format as standard text (.txt), MS Word (.docx) or via e-mail / FTP or shared folder.
18.3 Images which are supplied in an electronic format are to be provided in a format as prescribed by Vission Architecture via e-mail / FTP. Images must be of a quality suitable for use without any subsequent image processing, and Vission Architecture will not be held responsible for any image quality which the client later deems to be unacceptable.
18.4 Vission Architecture cannot be held responsible for the quality of any images which the client wishes to be scanned from printed materials. Images supplied by the client must be under client’s commercial usage rights or free for commercial use. Vission Architecture will not be held responsible for any infringement in copyright of the materials supplied by the client, the client holds full responsibility.
18.5 Additional expenses may be incurred for any necessary action, including, but not limited to, photography and art direction, photography searches, media conversion, digital image processing, or data entry services, colour correction and alteration of images.
18.6 If the purchase of the services is done through Vission Architecture’s own website www.vissionarchitecture.com or any other website owned by Vission Architecture, after the payment is accepted and is made active, the client is supplied with a Form, to create The Brief of the project. Only after filling out the brief form, we will start working on the design. For clients that are unresponsive for a period of more that 4 working days from the moment of sending the brief via email, we assume that they have not a clear idea of what they want, and that they need our help on the design direction. So we continue with the design work, and present that to the client.
18.7 If the purchase of our services is done through one of our partners such as 99Designs, Toptal, SquareSpace, Shopify etc, clients are required to fill out a brief from the partner’s platform. Then we send our Form to create a full understanding of the project. If the client does not fill the form sent by us within 24 hours, we will assume that they don’t have anything else to add besides the brief they have filled on the our partner’s platform. So we will proceed with the partner’s brief working on the design. For clients that fill both the partner’s platform brief and our Form, we will work with all materials sent. If in any case any information is contradictory from both the partner’s platform brief and our form, then the partner’s platform brief shall govern.
19. Design Project Duration
Any indication given by Vission Architecture of a design project’s duration is to be considered by the customer to be an estimation. Vission Architecture cannot be held responsible for any project over-runs, whatever the cause. Estimated project duration should be deemed to be from the date that cleared funds are received by Vission Architecture for the payment confirmed in writing by Glazier Design. Vission Architecture is not held responsible for delays in response by the client. If the client surpasses the time given by Vission Architecture notice for a process during the collaboration without any response, then Vission Architecture has the right to continue working on the design only for the project the client has paid for.
20. Rights of Access for Website Construction
20.1 The client agrees to allow Vission Architecture all necessary access to computer systems and other locations, as required, in order to complete a website project and until all due funds are cleared, including the necessary read/write permissions, usernames and passwords.
20.2 The customer also agrees to allow Vission Architecture access to any computer systems, usernames and passwords required to remove data and/or sites for failure to comply with these Terms and Conditions.
20.3 The customer agrees to supply Vission Architecture with all necessary materials, electronic, or otherwise, required to create and complete the project, and to supply them in a timely manner.
20.4 Vission Architecture will only use those accounts to work on the design of the agreed upon project, and protect those data on client’s behalf.
21. Rush Projects
If the client is in a rush and need a project completed right away, Vission Architecture offers special “rush project rates” where Vission Architecture can promise that their project would be moved to the front of the line and done within a short time frame agreed upon with the client. The client would be charged an additional 50% on the total. So if the project is normally $100, with the rush fee, the project would total $150.
22. Design Project Completion
22.1 Vission Architecture considers the design project complete upon receipt of the customer’s signed Approval form or signoff email. Other services such as printing, display panel production, filmwork, website uploading, publishing etc either contracted on the client’s behalf constitute a separate project and can be treated as a separate charge.
22.2 Vission Architecture considers projects from partner’s platforms such as 99Designs, Toptal, SquareSpace, Shopify etc when Vission Architecture has worked on the design and all timeline processes have been fulfilled. Vission Architecture will consider completed a project on the patforms, after 3 consecutive messages for project completion to request client’s feedback are given via written message from Vission Architecture towards the client through the partner’s platform. If the client fails to respond to those messages, Vission Architecture assumes everything is in place and considers the project closed, by marking it as complete.
23. Website design only
23.1 Vission Architecture require that a template is approved by the customer before coding of a site commences. Once the template(s) for the web site are approved by the customer, coding will commence; any changes to navigation items, colours, structure or content that require changes to the template will incur an additional charge.
23.2 Once web design is complete, Vission Architecture will provide the customer with the opportunity to review the resulting work. Vission Architecture will make one set of revisions with minor changes at no extra cost within 5 days of the start of the review period. Minor changes include small textual changes and small adjustments to placement of items on the page. It does not include changes to images, colour schemes or any navigation features. Any minor changes can be notified to Vission Architecture by e-mail or partner’s platform dashboard.
Vission Architecture will consider that the client has accepted the original draft, if no notification of changes is received in writing from the customer, after 3 consecutive written notices are given by Vission Architecture either via email or via partner’s platform dashboard of during the review period.
24. Hosting websites
24.1 Vission Architecture offers a limited hosting services through an out-sourced virtual server. Vission Architecture does not guarantee continuous service and will accept no liability for loss of service, whatever the cause.
24.2 Vission Architecture may request that clients change the type of hosting account used if that account is deemed by Vission Architecture to be unacceptable because of poor service, lack of bandwidth or in any other way insufficient to support the website. Fees for hosting on Vission Architecture’s virtual server are due at the commencement of any period of service and are non-refundable.
24.3 Fees due to third party hosting organisations are the responsibility of the client and Vission Architecture are not liable for their payment, nor for the renewal of domain names, which are the sole responsibility of the customer / domain owner.
25. Domain Registration
Vission Architecture cannot guarantee the availability of any domain name. Where Vission Architecture is to register a domain name on behalf of a client it will endeavor to do so but the client should not assume a successful registration.
26. Search Engine Submission
Due to the infinite number of considerations that search engines use when determining a site’s ranking, Vission Architecture cannot guarantee any particular placement. Acceptance by any search engine cannot be guaranteed and when a site is accepted, the time it takes to appear in search results varies from one search engine to another. Rankings will also vary as new sites are added. Vission Architecture recommends that customers use a professional SEO company and are happy to provide details of such companies, but accept no responsibility for their services.
27. Design Credits
The customer agrees to allow Vission Architecture to place a small credit on printed material exhibition displays, advertisements and/or a link to Vission Architecture own website on the customer’s website. This will usually be in the form of a small logo or line of text placed towards the bottom of the page.
The customer also agrees to allow Vission Architecture to place websites and other designs, along with a link to the client’s site on Vission Architecture’s own website for demonstration purposes and to use any designs in its own publicity and portfolios.
28. Rights of Refusal
Vission Architecture will not include in its designs, any text, images or other data which it deems to be immoral, offensive, obscene or illegal. All advertising material must conform to all standards laid down by all relevant advertising standards authorities. Vission Architecture also reserves the right to refuse to include submitted material without giving reason. In the situation where any images and/or data that Vission Architecture does include in all good faith, and subsequently discovers is in contravention to such Terms and Conditions, the customer is obliged to allow Vission Architecture to remove the contravention without hindrance, or penalty. Vission Architecture is to be held in no way responsible for any such data being included.
29. Revisions / Concepts
29.1 Vission Architecture services’ prices include 1 major revision on the design of your choice. Each additional revision or new concept needs extra payment, that is to be calculated from case to case, due to the nature of projects . Clients should be sure to include all the comments you may have within that revision round, as additional changes required additional fee payments. Clients should be sure to proof read before giving the go to finalize the design, as any mistake or typo even from our side, if accepted in the design, will not be revised if required from the clients after the round of revision is finished.
29.2 If the client has been introduced through one of our partners such as 99Design, Toptal, SquareSpace, Shopify etc, then the number of revisions applied will be according to the packages offered in the partner’s platform.
30. Cancellations
If for any reason the client wishes to cancel the project, being that a client acquired directly to Vission Architecture’s websites or introduced through the partners such as 99Designs, Toptal, SquareSpace, Shopify etc, the following apply: The work will be interrupted from Vission Architecture on the project. The design will be delivered to the client up to the point where the client decided to cancel the project. No refunding will be issued for this cancelation, for whatever reason the cancelation may have been requested.
31. Acceptance of Terms and Conditions and Quotation
31.1 The placement of an order for design and/or any other services offered by Vission Architecture through www.vissionarchitecture.com or partners’ platforms such as 99Designs, Toptal, SquareSpace, Shopify etc , is deemed to be acceptance of these terms and conditions, which are freely available at www.vissionarchitecture.com.
32.2 The purchase of the services of Vission Architecture, wherever the order placed whether it is through www.vissionarchitecture.com or partners’ platforms such as 99Designs, Toptal, SquareSpace, Shopify etc, constitutes acceptance of the estimate or quotation and agreement to comply fully with all the Terms and Conditions and forms a Contract for Business between the signatory and Vission Architecture.
