The following terms and conditions apply to all services offered by ALS Marketing. Please read these terms and conditions carefully and print a copy for your future reference. By ordering services from us, accepting a quotation or making a payment of an invoice, you agree that you have read, understood and agree to these terms and conditions and agree to be legally bound by them. If you do not agree to these terms and conditions, you cannot order any services from us.
Should you have any questions about these terms and conditions or wish to contact us for any reason whatsoever, please use the contact page.
We reserve the right to change the terms and conditions without prior notice. ‘ALS Marketing’ refers to alsmarketing.co.uk, and all services provided.
‘Client’ refers to anyone using services provided by ALS Marketing. ‘Project’ refers to a client’s order. ‘Brief’ refers to the project specifications and quote by ALS Marketing which must be agreed in writing by the client. ‘Project development’ refers to the stage in a project when the project is being worked on. A ‘start date’ refers to the date a quote has been accepted and the project begun. A ‘live’ date refers to when a project is finalised and paid for in full. A website project’s ‘live’ date also refers to the date the website is published and ‘live’ on the internet.
Services include one-off projects and monthly packages. Both require a deposit to start work. Ongoing packages are invoiced at the end of each month.
Disclaimer
The materials contained on our site are provided for general information purposes only and do not claim to be or constitute legal or other professional advice and shall not be relied upon as such. We do not accept any responsibility for any loss which may arise from accessing or reliance on the information on this site and to the fullest extent permitted by English law, we exclude all liability for loss or damages directly or indirectly arising from use of this site.
Quotes and Project Start Times
All quotes supplied by ALS Marketing are valid for 14 days from date of issue only, unless stated otherwise on your quote. If the quote is not accepted by paying any required deposit within 14 days of the date of the quote then a new quote may have to be obtained from ALS Marketing. The client will be quoted and provided with a brief for every project which will outline the project specifications.
Deposit and Payment
Once a brief has been accepted by the client a deposit will need to be paid by the client. The client will be invoiced for a non-refundable deposit based on the full project quote and ALS Marketing requires this deposit to be paid before work will commence on the project. In some instances the full quoted amount may be payable before work commences. By paying the initial deposit the client has agreed that they have read and understand the terms and conditions of service set out on this website. Delays in paying the initial invoice will delay commencement of any work agreed upon by any agreed project dates. This in turn may result in a later finish date of the project than quoted by ALS Marketing. If you delay paying the deposit by the agreed date we reserve the right to cancel your quote and project, as we may no longer be able to honour the quote and/or the time scale. Once the deposit is received the work on a client’s project will commence. ALS Marketing reserve the right to cancel a quote or project without prior notification or explanation prior to work commencing. The deposit will be refunded in this instance. ALS Marketing is not liable for any consequences or financial losses linked to any cancelled quotes or projects such as, but not limited to, loss of business, profit, revenue, contract, data or potential savings, relating to services quoted for. Final payment must be made a) before a project is made live for a website design or b) within 30 days of the final invoice date for all other projects.
The Project Development Stage
If a project brief/mock up design is required, one will be emailed to the client for approval. The client then has the opportunity to suggest any alterations to the proposed brief (up to a maximum of 3 iterations). Once this brief has been approved by the client ALS Marketing will no longer be under obligation to produce any further work at a later date to the previously approved brief during the development stages of the project. Once a brief has been approved by a client ALS Marketing will no longer be under obligation to produce any further work on a previously approved project.
Revisions During the Development Stage
Revisions during a project which are outside of the brief are not unlimited; the client is required to provide clear instructions on the brief before the quote is accepted by them. ALS Marketing will provide up to 3 alterations per project while it is in the development stages. This includes changes to the colours, layout, fonts and graphics of a website/graphic design project, and strategy/content changes to any other marketing/PR project. Revision of design, content copy/text or graphics outside the scope of the original design brief will incur additional fees.
Additional Work During a Project
Any work which is required during a project which is in addition to the original brief will be carried out at the discretion of ALS Marketing, in a time scale provided by ALS Marketing and will need to be quoted for and in some instances paid for before the additional work commences. Additions to a project include any additional work not specifically listed in the client’s initial quoted brief which has not been agreed upon before work has commenced and the deposit paid. Additional work examples include but are not limited to: additional changes, extra text, extra images, extra website pages, stock photos, graphics, code, programming, keywords, products, search engine optimising, ecommerce facilities, payment gateways, logos, additional design work, advertising spend, social media accounts, social media posts, newsletters, blog posts, meetings etc. ALS Marketing reserves the right to decline additional work which was not specifically outlined in the initial agreed quotation. If additional work is accepted it may affect the time scale and overall delivery time of the project and the client accepts this in accepting the additional work.
Project Deadlines and Client Feedback
A client must check and approve each part of a project as soon as possible after it has been sent to them. If a client fails to provide feedback after 14 days of receiving an email update on the project ALS Marketing will take work as approved by the client and will progress with the project to meet the project deadline. If the client fails to provide feedback and approval of a project within the 14 day deadline ALS Marketing will complete work agreed in the initial agreed brief and will email any outstanding invoices to the client to be paid before the project can go ‘live’/be completed. Any changes required by the client outside of the 14 day deadline for a project will incur additional costs.
Public Relations/Publicity Coverage
ALS Marketing provide no guarantees and cannot make promises regarding any press coverage. We will always do our best for our clients and aim to get coverage in targeted publications, and can especially try the client’s preferred publications, but we offer no guarantees. We will be as honest as possible in the early quote stage and will not take on a project which we do not believe will achieve any results.
Submission of Content
Clients are required to ensure that the content of their website/design work/marketing materials meet all the current UK legislation. The client shall further indemnify ALS Marketing in respect of any claims, costs and expenses that may arise from any material included in the project by ALS Marketing at the client’s request. ALS Marketing reserves the right to not include any material supplied by the client if ALS Marketing deems it inappropriate or offensive. ALS Marketing reserve the right to not serve any customer who requests us to use copyrighted material. This includes designs, photos, videos, text or code. It is a client’s responsibility to obtain any copyright property rights for any materials supplied to ALS Marketing. This includes text, copy, photos, videos, logos, artwork and any other rights owned materials. ALS Marketing accept no responsibility for a client supplying infringing materials. We reserve the right to refuse to construct a website which we may judge as unfit due to content or otherwise. This includes, but is not limited to, sites containing adult oriented material such as pornography, sites which promote hatred towards persons belonging to any ethnic group, religion or sexual orientation and sites which infringe copyright or are contrary to UK laws, unlawful or inappropriate, contain a virus or hostile programme, constitute harassment, racism, violence, obscenity, harmful intent, spamming, commit a criminal offence, infringes privacy or copyright or any other questionable media. ALS Marketing may suspend a website if it is found to have infringing content. ALS Marketing accept no liability for infringing content. ALS Marketing is not liable for any consequences or financial losses such as, but not limited to, loss of business, profit, revenue, contract, data or potential savings, relating to services provided.
Marketing Management
ALS Marketing require sole and complete authority for any marketing service quoted for and accepted by the client (unless otherwise agreed). This includes but is not limited to: social media account management such as posting, advertising, messaging, commenting, sharing, responding to reviews/comments; blog posts; newsletters; website changes; images; interviews; PR and any other service which ALS Marketing have been hired to carry out. If a client chooses to disregard this and interferes with our marketing services we retain the right to delete the client’s work and if necessary to cancel the project without any refund made. The client accepts that by hiring ALS Marketing to carry out marketing for them, we are solely responsible for said marketing and any changes made by the client during the project may damage our work for them.
Supply of Information and Content
Once a quote is accepted and deposit paid the client must provide ALS Marketing with all information (digitally via email or on a USB/CD in the post) required to enable ALS Marketing to design and complete the project in the time scale agreed. If the client fails to supply content to ALS Marketing after 14 days of the project start date ALS Marketing reserves the right to cancel the project without refunding any paid deposits or supplying any work produced, unless the client pays the initial quoted invoice in full. ALS Marketing will not be liable for costs incurred, compensation or loss of earnings due to the failure to meet agreed deadlines due to a client not supplying content for a project within 14 days of a project start date.
Digital document files are acceptable in the following formats: Microsoft Works, WordPad, Word, Excel, Publisher, .txt, .rtf. Others please inquire. Image files are acceptable in the following formats: .gif, .jpg, .tif, .psd. Others please inquire. Multimedia files are acceptable in the following formats: .wav, .mp3, .mpeg, .wma. Others please inquire. Neither ALS Marketing nor the client own the full copyright rights to any stock images supplied by ALS Marketing. Code, text copy, photos, icons and graphics supplied to the client by ALS Marketing are for use on a single project only and cannot be reproduced or sold on.
ALS Marketing do not provide changes to text/copy/images supplied by a client unless it is part of the agreed brief. Text/copy/images supplied should be checked and approved by the client before submitting to ALS Marketing for use in a client’s project. Once copy/images have been added to a client’s project if additional changes are required additional fees will be required by ALS Marketing.
Completion and Final Payment
The client will be invoiced for the balance owing on completion of a project unless otherwise stated in your quote. ALS Marketing requires the client to pay the final amount within 30 days from the date of the invoice. Payment must be made in full before the project is deemed complete, including making a website ‘live’. All payments should be made by direct bank deposit, cheque or PayPal.
A client’s project will only be put ‘live’ on the client’s requested domain name and submitted to the search engines when the outstanding balance has been paid and the client has agreed the project is completed. When the project is ‘live’ ALS Marketing no longer has obligation to make changes to the project. A website, graphics and any code remain the property of ALS Marketing until all outstanding accounts are paid in full. ALS Marketing will not be liable for costs incurred, compensation or loss of earnings due to the failure to meet agreed deadlines. ALS Marketing reserve the right to terminate a project with a client at any time without prior notification if it finds the client in breach of these terms and conditions. ALS Marketing shall be the sole arbiter in deciding what constitutes a breach. No refunds are given in such a situation. ALS Marketing reserve the right to increase the project complete time or date at any time if unforeseen circumstances arise. Any deposits for services are non refundable.
We reserve the right without notice to cancel, reject or refuse to work with a client without reason. ALS Marketing reserves the right to decline further work on a project if there are invoices outstanding with the client. ALS Marketing reserves the right to remove its work for a client if due payments are not received including websites.
Additional Maintenance
Quotes vary based on individual clients’ requirements and technical specifications. Quotes can also be charged at an hourly rate. All work regardless of scale will need to be invoiced if it is to be carried out by ALS Marketing. This includes changes to minor details within the project. A minimum 20 minute fee is required based on ALS Marketing’s hourly rate. ALS Marketing does not undertake to maintain or update a client’s website, design, blog, social media etc as part of a standard commission outside of a project’s brief. If a client wishes ALS Marketing to maintain or update any work as a separate commission, ALS Marketing will negotiate with the client a maintenance contract appropriate to the amount of work required.
Website Back-Ups
ALS Marketing do not routinely keep back ups of websites, projects, data or files unless previously confirmed with the client. A regular website/email back up can be quoted for if required. In the result of loss of data or server failure ALS Marketing are not legally required to provide missing, deleted or lost data of files. The client accepts that if it does not accept ALS Marketing’s quote to back up their project, ALS Marketing have no responsibility if any data is lost.
Domain Name/Website Transfers
Domain names that have been registered by ALS Marketing will incur a fee if a client requires the said domain name to be transferred to another server provider.
If a client wishes to transfer their website hosted with ALS Marketing this will incur a fee which will be quoted based on the scale of the website transfer. This fee also applies if a client requires a copy of their website on media CD-R/DVD or other media format. The transfer fees and data supply fees apply to all databases and files.
Errors and Liabilities
ALS Marketing:
- will use all due care to ensure projects worked on by ALS Marketing are free of errors.
- will correct any errors made by staff of ALS Marketing in the course of working on a client’s project.
- do not accept any responsibility for losses or damage arising from errors within any project.
- do not accept any responsibility for losses or damage arising from delayed project time.
- do not accept any responsibility for losses or damage arising from third party applications, plug-ins, hacking, viruses, software or code.
Database, Application and Ecommerce Development
ALS Marketing cannot take responsibility for any losses incurred by the use of any software created or supplied to 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. The client is expected to test fully any application or programming relating to a website developed by ALS Marketing before being made generally available for use. Where ‘bugs’, errors or other issues are found after the site is live, ALS Marketing will endeavour (but is not obliged) to correct these issues to meet the standards of function outlined in the brief. Whilst every endeavour will be made to ensure that your website and any scripts or programmings are free of errors, ALS Marketing cannot accept responsibility for any losses incurred due to malfunction of the website or any part of it.
Website Compatibility
ALS Marketing will endeavour to ensure that any developed/designed website or application will function correctly on the server it is initially installed on and that it will function correctly when viewed with ALS Marketing’s chosen web browsing software. The client is required to check the project in their chosen browser software prior to the accepted ‘live’ date. After this date ALS Marketing are not responsible for browser compatibility issues. Ongoing browser compatibility is not provided by ALS Marketing. ALS Marketing can offer no guarantees of correct function with all browser software. Responsive/optimised websites will be tested to display correctly on iPad (version 4), iPhone (version 5), Android phone, Windows laptop and a standard standard desktop PC’s resolution. Websites may not be compatible with all devices.
Cancellations
Should the client wish to cancel his/her acceptance of the project then ALS Marketing will invoice the client for any work completed to date, up to the full amount quoted. The client must advise ALS Marketing by email of their request not to proceed with work. If a project is completed no refunds will be returned for cancelling a project even if the client no longer wants the work/website/design etc.
Domain Name Registration
ALS Marketing purchase domain names from third parties. Registration of a domain name on behalf of the client is subject to the terms and conditions for domain registration. These are available from us by request dependent on the third party we purchase from. Payment for domain name registration is to be paid at the time of the registration. ALS Marketing do not accept any responsibility for losses or damage arising from errors or faults with the client’s registered domain name.
ALS Marketing:
- do not accept any responsibility for losses or damage arising from errors or faults with your email account provided by ALS Marketing.
- do not accept any responsibility for losses or damage arising from errors or faults with your email account, its forwarders, or third party email providers.
- do not accept any responsibility for losses or damage arising from downtime or misconfiguration with your email accounts.
- do not keep back-ups of emails, data or files unless quoted for and paid for by the client. In the result of loss of emails ALS Marketing are not legally required to provide missing, deleted or lost emails or files.
No guarantees can be made as to the availability or interruption of this email service and ALS Marketing cannot accept liability for losses caused by the unavailability, malfunction or interruption of this service, or for loss of turnover, sales, revenue, profits or indirect, consequential or special loss.
Website Hosting
ALS Marketing:
- do not accept any responsibility for losses or damage arising from errors or faults with the client’s provided hosting.
- do not accept any responsibility for losses or damage arising from downtime or misconfiguration with the client’s provided hosting.
Annual Renewals
Standard website hosting, domain name and email packages are for the first 12 months from the start date only (unless otherwise quoted and paid for). After this time if a client wishes to continue to keep the service ‘live’, they must pay ongoing annual costs before expiry. Failure to pay these will result in website/email suspension and/or loss of domain name. ALS Marketing reserves the right to alter prices at any time without notice. If a client has commissioned any services from ALS Marketing prior to a change in prices that commission will not be subject to any increase, but any subsequent commission may be subject to an increase. ALS Marketing will invoice the client before any hosting is due and will give at least 30 days’ notice before any fees are due.
If payment is not paid by the due invoiced date we reserve the right to suspend or terminate the service and all files on the account including emails stored on the server. The client agrees that it is their responsibility to have regular back-ups of their website/email and software made by themselves or third party services in case of a software or hardware failure. No partial refunds will be given for hosting, servicing or updating packages cancelled during the agreement’s time period. ALS Marketing do not accept any responsibility for losses or damage arising from suspension of a client’s website if they fail to pay any outstanding invoices in due time. No guarantees can be made as to the availability or interruption of this service and ALS Marketing cannot accept liability for losses caused by the unavailability, malfunction or interruption of this service, or for loss of turnover, sales, revenue, profits or indirect, consequential or special loss. If domain name renewal is not paid by the due date the domain name may be lost irretrievably. ALS Marketing accept no responsibility for domain name loss if the client does not pay the invoice in time.
Late Payments
Payment terms are 30 days unless otherwise stated on the invoice. In accordance with the Late Payment of Commercial Debts (Interest) Act 1998, a £40.00 late fee will be added onto non-payments after 30 days, a new invoice will be raised with the late payment fee added and all work will cease immediately. If payment of the total due is not paid within a further 7 days additional interest will be charged to the overdue account at a statutory rate of 8% plus Bank of England base of 0.5% totalling 8.5%
Our Liability
The material displayed on our site is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we, and third parties connected to us hereby expressly exclude:
- All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
- Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our site or in connection with the use, inability to use, or results of the use of our site, any websites linked to it and any materials posted on it, including, without limitation any liability for loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, loss of goodwill, wasted management or office time and for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, provided that this condition shall not prevent claims for loss of or damage to the client’s tangible property or any other claims for direct financial loss that are not excluded by any of the categories set out above.
Viruses, Hacking and Other Offences
You must not misuse our site by knowingly introducing viruses, Trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack.
By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.
ALS Marketing will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programmes, data or other proprietary material due to your use of our site or to your downloading of any material posted on it, or on any website linked to it.
Links From Our Site
Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. ALS Marketing have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. When accessing a site via our website we advise you check their terms of use and privacy policies to ensure compliance and determine how they may use your information.
Variations
We may revise these terms of use at any time by amending this page. You are expected to check this page regularly to take notice of any changes we make, as they are binding on you. Some of the provisions contained in these terms of use may also be superseded by provisions or notices published elsewhere on our site.
Our Site Changes Regularly
We aim to update our site regularly, and may change the content at any time. If the need arises, we may suspend access to our site, or close it indefinitely. Any of the material on our site may be out of date at any given time, and we are under no obligation to update such material.