June 12, 2017

Terms and Conditions

Terms and Conditions

Please read these Terms and Conditions carefully as they will form a contract between us (Elsevier Digital Services) and you (the client); your acceptance of which is agreed from the moment you sign our Website development Agreement, or Support/Maintenance Agreement.

We have tried our best to keep these Terms and Conditions brief, easy to understand, and as straightforward as possible to make it easier to understand. However, please do not hesitate to contact us if you have any questions.

Terminology:

You – (‘the Client’)

Us – (Elsevier Digital Services, and hereinafter referred to as ‘Elsevier Digital Services’)

The Project – the work that is being undertaken, normally consisting of several parts, such as consultation, graphic designing, website development and/or support/maintenance.

What do both parties agree to?

The Client agrees to:

Provide Us with everything that is requested from you to complete the Project – including content like text, images and other information.

Provide Us with text and images in the format as stated below (please refer to photographs and images)

Review Our work, provide feedback, and sign-off approval in a timely manner.

Make every effort to adhere to all agreed deadlinesto provide all the required content.

Adhere to the payment schedule laid out during the project finalization.

Advise, in advance, of any confidential information to be presented by email, written, or verbally, between both parties. Also, for this to be marked as ‘confidential’ in the subject of the email, or clearly on any written documents.

Provide a minimum of one month notice in writing, or by email should you wish to cancel any contract.

Elsevier Digital Services agrees to:

Carry out services in a professional and timely manner.

Make every effort to adhere to any deadlines agreed between us and you.
Elsevier Digital Services will provide the Client with an opportunity to review the appearance and content during the design phase and after the overall website/application development is completed. On completion of the project, the work will be deemed to be accepted and approved unless the Client tells Elsevier Digital Services otherwise by email within ten (10) days of the date the completed site is made available to the Client.
To make a reasonable number of revisions to the design, layout, colors etc., until you are satisfied with the design concept or such time as both parties feel an agreement is likely to be reached. The number of the revisions will not exceed more than 2 major revisions. Additional revisions or design work outside the scope of the project will be charged separately.
Endeavor to complete requested website/software revisions or updates within 48 hours,wherever possible. Revision entitlement per month is dependent on the package you select.
Maintain up to date skills and knowledge through regular training and research.

Contact you before the end of the first 12 month period, to discuss the various options open to you for continuing website maintenance and support services.

  1. Website Development:

All websites are developed to work across all major browsers and platforms including devices such as mobile phones and touchpads. However, Elsevier Digital Services cannot guarantee complete and/or long term compatibility across every major browser, platform or hand-held device due to updates/upgrades by their respective manufacturers/vendors.
Elsevier Digital Services cannot guarantee compatibility in old or redundant browser software.

High resolution photos and other graphic images and videos are to be supplied by the Client. If images are supplied by Elsevier Digital Services, they remain the property of Elsevier Digital Services and may be used in future developments.
b. Assignment of Project:

Elsevier Digital Services reserves the right to assign work to sub-contractor programmers if required.

  1. Payments and Contract Lengths:

All payment will be made within 7 days of completion of the project or as agreed separately for bespoke work.
Elsevier Digital Services has the right to charge the client upto 85% of the total web development costs, should the client cancel the website agreement after the design concepts have been agreed but prior to the website going live. The scale of the charge will be dependent on what stage the project is at when the cancellation takes place.
Once the site goes live any early cancellation of your standing order during the first 12 months will be deemed a break in contract. In this case you would be liable for the balance of the contract to be paid with immediate effect plus a USD 50 admin fee (The admin fee covers time taken to discover the cancellation, generating an invoice and posting)

Alterations to standing order mandates to reflect new or changed contracts are the sole responsibility of the client. Overpayments to Elsevier Digital Services as a result of not updating a standing order mandate will not be reimbursed to the Client. Underpayments or missed payments, however, shall be backdated to the point at which the underpayment or missed payment was discovered and the Client shall be responsible for bringing their account up to date within a reasonable period of time.
Contract lengths are normally 12 months unless agreed beforehand between the Client and Elsevier Digital Services. Elsevier Digital Services requires a minimum 30 day notice to cancel a support contract.
d. Photographs and Images:
Any images or photographs that you supply should be in digital format, usually no smaller than 1024×768 pixels, with a suitable resolution that will allow them to be re-sized and used on screen. Traditional paper photographs requiring scanning are acceptable, however, there may be additional costs incurred due to time spent scanning and optimizing the images. This depends entirely on the project and the number of images involved.
If Elsevier Digital Services is asked to obtain any image from third party photographers or stock photography then that will be charged as an additional cost.
The Client guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to Elsevier Digital Services for inclusion in their website, or other design, are owned by the Client, or that the Client has permission from the rightful owner to use each of these elements, and will hold harmless, protect, indemnify and defend Elsevier Digital Services and its subcontractors from any liability (including solicitors fees and court costs), including any claim or suit, threatened or actual, arising from the use of such elements furnished by the Client.
Evidence of ownership or permissions may be requested by Elsevier Digital Services.

  1. The Copyright:
    After the initial 12 month period, copyright is automatically assigned as follows:
    The Client will own, or have express permission to use, the text files, images, graphics and any visual elements, video or sound bytes, that you may have sent to us to use in connection with the project.
    Elsevier Digital Services will maintain copies/backup of all the files used in connection with your project and if you require a disc copy of all the files used in connection with your project, then Elsevier Digital Services can supply that to you. Copies of the files are maintained by us for a reasonable time (usually at least one year), and files are maintained both locally and on external servers.
    The copyright to the markup, CSS files, other code that may have been used by us for you, or certain images that Elsevier Digital Services may have supplied to or for you are licensed to you in connection with this web design project, and will be licensed solely to the domain name on which the website files reside. If you own the domain name, then you own the copyright.
    At the bottom of the website page(s) after payment has been completed, usually it will say Copyright and the name of your business or company. Elsevier Digital Services do however reserve the right as Elsevier Digital Services responsible for the design and/or development to place a small and unobtrusive link at the bottom of your website, thereby not hindering or distracting from your own website design.
    As the design company Elsevier Digital Services also reserves the right to add and display link to your completed project as part of our portfolio, and to write about the project on other web sites, in magazine, books, written or digital publications. Please inform us in advance of the website going live if you DO NOT want us to add your site to our portfolio.
  2. Liability:
    Elsevier Digital Services will not be held liable for any missed launch date or deadline, if the Client has been late in supplying materials, or has not approved or signed off work on-time, at any stage.
    g. Confidentiality:
    Elsevier Digital Services adheres to all national and EU data protection, data transfer, data retention, and confidentiality regulations and always stores data sent to us in a secure manner within our security policy.
    h. General:
    A website will not launch until a standing order or BACS payment has been set up, unless special agreement has been reached in advance.
    Additional costs for extra features and/or additional design costs, not covered by our standard packages, will be agreed and invoiced before the website goes live.
    If the Client does not respond to Elsevier Digital Services’s request to discuss or choose ongoing support options, the client will automatically be placed on what Elsevier Digital Services feels is the most appropriate support package.

There may be an additional fee for any design changes requested after the initial agreed design has been signed off.
Elsevier Digital Services is not responsible for writing or inputting any text copy unless this has been specified by the client.
If you are hosting the website elsewhere, Elsevier Digital Services cannot guarantee that the website is fully compatible with all hosting provider’s server operating systems, especially any contact forms, Content Management Systems, database driven websites, etc.

Elsevier Digital Services cannot guarantee that the functions contained within any web page (or part of your website design), will always be error free, and therefore Elsevier Digital Services will not be liable in any way whatsoever to you for any third party damages, including lost profits, lost savings, or other incidental, consequential or special damages arising out of the operation of or inability to operate this web site and any other web pages, even if you have advised us of the possibilities of such damages.
If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. Just the same as a fine, you cannot transfer this contract to anyone else without our consent or permission.
This contract remains in force and need not be renewed.
Although Elsevier Digital Services have tried to keep this contract language simple, the intentions are serious, and the contract is a legal document under the exclusive jurisdiction of Queensland Courts.