- “Client” means any individual, company, partnership, organisation or body requesting the services of Luno Limited, registered in England & Wales, company No: 08193561. Registered office: 37 ST. MARGARETS STREET, CANTERBURY, KENT, ENGLAND, CT1 2TU.
- “Agreement” means the contract between Luno Limited and the client to which these conditions will apply.
- “Order” means confirmation by the client of their acceptance of the quotation given by Luno Limited.
- Contract: The client’s approval for work to commence shall be deemed a contractual agreement between the client and Luno Limited. Luno Limited will carry out work only where an agreement is provided either by email, telephone, mail or fax. Luno Limited will carry out work only for clients who are 18 years of age or above. An ‘order’ is deemed to be a written or verbal contract between Luno Limited and the client; this includes telephone and email agreements.
- Intellectual Property & Copyright: Luno Limited retains ownership of all intellectual property, including source code and original images created for the client until payment of the final invoice. At this time ownership rights will be transferred to the client. Any scripts, CGI applications, PHP scripts, or software (unless specifically agreed) written by Luno Limited remain the copyright of Luno Limited and may only be commercially reproduced or resold with the permission of Luno Limited.
- Client’s Responsibilities with regard to Copyright: In situations where the client provides images, text, animations, layouts or any other content for their website/development they are legally responsible for ensuring that this material does not infringe any copyright. Luno Limited cannot take responsibility for any copyright infringements caused by materials submitted by the client. Luno Limited reserves the right to refuse any material of a copyrighted nature unless adequate proof is given of permission to use such material. Luno Limited will not be liable or become involved in any disputes between the website owner or managers and their clients and cannot be held responsible for any wrongdoing on the part of a website owner or manager. E.g. any disputes relating to content/images that have been provided to Luno Limited for inclusion on the website/development.
- Prototype: Prototyping is the process of producing website concepts for clients. Prototypes can include site mock ups, graphics and design proposals. In order to provide an appropriate website design, the client should ensure that they have provided any colour scheme, artwork and design requirements beforehand. Note: Design concepts and associated graphics remain the property of Luno Limited unless otherwise agreed.
- Database, Application and E-Commerce Development: Luno Limited cannot take responsibility for any losses incurred by the use of any software created for the client. Whilst every care is taken to ensure products are problem free and accurate, the ultimate responsibility lies with the client to ensure that all software is functioning correctly before and during use. Any scripts, applications or software (unless specifically agreed) written by Luno Limited remain the copyright of Luno Limited and may only be commercially reproduced or resold with the permission of Luno Limited. Where applications or sites are developed on servers not recommended by Luno Limited, 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 developed on servers not recommended by Luno Limited, it is the client’s 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 website developed by Luno Limited before it is made generally available for use. Where “bugs”, errors or other issues are found after the site/development is live, Luno Limited will endeavor (but is not obliged to) to correct these issues to meet the standards of function outlined in the brief. Where a client has access to their own website via WordPress, database and/or the full hosting environment (PLESK), Luno Limited will not be liable for loss of service, interruption of the website or any damage caused by or resulting from a client administering their own website via these methods.
- Web & Email Hosting: For sites and domains hosted by Luno Limited, no guarantees can be made as to the availability or interruption of this service. Luno Limited 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. Luno Limited 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 hosting service should the necessity arise.
- Registration Charges: All third party costs arising from the registration of a domain name shall be met by the client. Domain names registered on behalf of the client by Luno Limited are property of the client. For convenience Luno Limited acts as administrator on the client’s behalf. Luno Limited agrees to transfer any domain names to the client immediately upon request and without charge.
- Search Engine Promotion: If Search Engine Optimisation has been agreed as part of the website development contract the client must be aware that Luno Limited is not responsible for ongoing web site promotion. Should the client require the site to be promoted on an ongoing basis a separate contract must be agreed. The order in which websites are ranked in the natural search results is controlled by the search engines. While Luno Limited can optimise the client’s site initially for this by making it search engine friendly, it is impossible to make any guarantees on ranking position.
- Client Responsibility: The client agrees to make available as soon as is reasonably possible to Luno Limited all materials required to complete the site to the agreed standard and within the set deadline. Luno Limited will not be liable for costs incurred, compensation or loss of earnings due to the failure to meet agreed deadlines. Luno Limited reserves the right to impose a discretionary surcharge of up to 25% of the total project cost where the client has failed to provide required information in a timely manner.
- Travel Time and Travel Expenses: Travelling time to and from customer premises or other meeting places is not generally included in any quotations or estimates. Luno Limited reserves the right to make a charge for travelling time at the current hourly rate. Likewise Luno Limited reserve the right to charge for travelling expenses based on 40p per mile. (NOTE: There will be no charges for travelling time or expenses incurred during the quotation process, i.e. before approval for work to commence is received.)
- Quotations: The price quoted to the client is for the work specifically agreed on the quotation only. Should the client decide that changes are required after work on the website has commenced such changes are to be agreed and any additional cost will likewise be agreed prior to the work being started. Unless otherwise agreed any quotation provided will be valid for 30 days from the date of issue.
- Payment of Accounts: A deposit may be required from any new client before any work is carried out, this is usually 25% of the quoted price. Likewise, if a project is large or deemed to be of significant duration then interim payments may be required. Invoices for any remaining balance are only issued when the client accepts that their website/development has been completed to their satisfaction. Luno Limited reserves the right not to launch a website until full payment has been received. Any outstanding accounts for work carried out by Luno Limited or its affiliates are required to be paid in full upon receipt of an invoice. Luno Limited reserves the right, in its sole discretion, to deactivate hosting services for clients with unsettled accounts. When this occurs an additional minimum charge of £50 + VAT will be required to have the site restored. Accounts that have not been settled within 14 days of the due date will incur a late payment charge of 10% of the amount outstanding. Any unpaid balance due shall bear interest at the rate of 8% compounded per annum, and costs of collection, including Court costs and reasonable legal fees shall be added as principal amounts to such balance.Website hosting will be renewed automatically each year (every 12 months) on the anniversary of the website initial hosting date (referred to as ‘website anniversary’). Clients must cancel their renewal in writing within 14 days of the invoice for hosting, otherwise all charges will become payable and cancellation will NOT be accepted after this date, as monies will have been paid by Luno Limited on the client’s behalf. Clients cancelling their hosting with us mid-way through the year will not be refunded for part hosting, this is not pro-rata.
- Refund Policy: After work on a website commences any fees paid are not refundable.
- Dormant Projects: A project is considered to be dormant if communication with the client ceases after a period of 6 months. An example of this would be that a client fails to provide necessary artwork, text, content or other necessary material in order for Luno Limited to design a website. Whilst Luno Limited will make every possible effort to understand the reasons behind the client not providing material we cannot keep a project active for ever. Technology changes over time, and in web design this is fairly rapid. Therefore work completed at the start of a project may not be valid 6 months down the line. Dormant projects will usually require a fresh quotation and any payments such as a deposit, or interim invoices will be non-refundable. It is therefore the responsibility of the client to make sure all artwork, content and other material needed for a website is made available in a timely fashion.
- Cancellation: Should the client wish to cancel at any point during the project they shall remain liable for the work that has taken place and shall be invoiced accordingly. There are no exceptions to this, i.e. if the client decides they no longer want the site, as they have commissioned the work (whether a deposit has been paid or not) they are still obliged to pay for the work that has been done up to the point of cancellation.
- Payment Methods: Unless otherwise agreed, payment is only accepted by direct bank transfer (BACS or CHAPS), cheque or bankers draft in UK Pounds Sterling. If a cheque is returned by the bank as unpaid for any reason, the client will be liable for an additional administration fee of £35 +VAT.
- Support: Websites will be handed over as a fully functioning, completed work. Unless it has been agreed beforehand Luno Limited is not responsible for support.Support can be provided upon request for an agreed fee. Websites are offered as a single contract and no guarantee of the availability or compatibility (including rendering compatibility with future browsers or future versions of existing browsers) from Luno Limited is offered unless an ongoing support package has been agreed.
- Malicious Activity: Problems caused by malicious software, spyware, viruses and website hacking are a fact of life on today’s Internet. It is highly unlikely that these will affect the client’s website, and Luno Limited will endeavour to protect it from this as much as possible during its creation, but after the website is handed over Luno Limited cannot be held responsible for problems caused by illegal activity or the actions of others.
- Compliance with Ecommerce, Accessibility or Other Regulations: Luno Limited develops websites in accordance with the client’s specifications. It is the client’s responsibility to ensure that the website and its content comply with current online trading laws and regulations. Luno Limited cannot accept responsibility for any failure to comply with laws and regulations related to accessibility, selling online or those related to a specific business or trade. Research can be undertaken on the client’s behalf upon request, but in any business where complex compliance issues may exist it is recommended that the client takes legal advice.
- Design Credit: A link to Luno Limited will appear in either small type or by a small graphic at the bottom of the client’s website.
Should Luno Limited waive any of these terms on an individual basis, this shall not affect the validity of remaining clauses or commit Luno Limited to waive the same clause on any other occasion. By agreeing to these terms and conditions your statutory rights are not affected. Luno Limited reserves the right to change or modify any of these terms or conditions at any time. Should clarification of any of the above be required please contact us. This Agreement shall be governed by English Law.
Last updated: 20 February 2012