Definitions:

The Client : The company or individual requesting the services of Promatix.

Promatix: Primary designer/site owner & employees or affiliates.

General
Promatix will carry out work only where an agreement is provided either by email, telephone, mail or fax. Promatix 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 Promatix and the client, this includes telephone and email agreements.

Agreement
The Agreement between the client and Promatix includes all the aspects in this document. The Agreement becomes active as soon as the client has paid a deposit to Promatix. This deposit may be any amount that Promatix requested.

Website Design
whilst every endeavor will be made to ensure that the website and any scripts or programs are free of errors, Promatix cannot accept responsibility for any losses incurred due to malfunction, the website or any part of it.

The website, graphics and any programming code remain the property of Promatix until all outstanding accounts are paid in full.

Any scripts, cgi applications, php scripts, or software (unless specifically agreed) written by Promatix remain the copyright of Promatix and may only be commercially reproduced or resold with the permission of Promatix.

Promatix 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 briefs provided will be carried out at the discretion of Promatix and where no charge is made by Promatix for such additions, Promatix 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 Promatix all materials required to complete the site to the agreed standard and within the set deadline.

Promatix will not be liable for costs incurred, compensation or loss of earnings due to the failure to meet agreed deadlines.

Promatix 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. eg. Any disputes re content/images that have been provided to us for inclusion on the site.

Promatix 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.

Promatix 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.

A deposit of 35% is required with any standard project and 50% for database driven projects before any design work will be carried out. This figure may be higher for websites of an adult nature. deposits are non-refundable under any circumstances.

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. Once full payment is received for a website, it is assumed that the project has been completed to the client’s satisfaction and no refunds can be offered. We do offer free updates for a month after completion to allow for any final amendments that may be required.
Completion of a Website is the end point in the design and development process. Promatix is solely responsible for deciding when this end point is reached. Promatix will ensure that they implement what was originally quoted for. We can however decide at any stage that we have reached the endpoint when Promatix feels they have implemented everything that was originally quoted for. Terms such as “nice design”, “user friendly” and any other terms describing the look and functionality of the site are interpreted by promatix and implemented based on our knowledge and skills and the user will not be allowed to question or advise changes to these after promatix has decided the endpoint of the project has been reached. Promatix provides the client with a profile from which they can see our quality of work and they can expect the same quality of work for their sites.
Project Deadline is a terms describing a hypothetical date and time in which it might be possible for us (promatix) to complete a project, we can however not guarantee that this date is accurate and therefore this contract / agreement will not void under any circumstances if the deadline is not reached. Promatix will not be responsible for any losses experienced by the client if a deadline is not reached.  

Database, Application and E-Commerce Development
Promatix cannot take responsibility for any losses incurred by the use of any software created for 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.

Any scripts, applications or software (unless specifically agreed) written by Promatix remain the copyright of Promatix and may only be commercially reproduced or resold with the permission of Promatix.

Where applications or sites are developed on servers not recommended by Promatix, 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, 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 site developed by Promatix before being made generally available for use. Where "bugs", errors or other issues are found after the site is live, Promatix will endeavor (but is not obliged to) to correct these issues to meet the standards of function outlined in the brief

Contract Termination
Promatix may at any time terminate the contract if the client does not adhere to or respect the terms and conditions described in this document. At this stage all the developed work will be sent to the client. The clients deposit will be kept by promatix for development work done.

Compatibility
Promatix will endeavor to ensure that any developed/designed site or application will function correctly on the server it is initially installed in and that it will function correctly when viewed with the web browsing software Microsoft Internet Explorer Version 6 and to an acceptable level with Mozilla browsers. Promatix can offer no guarantees of correct function with all browser software.

Website Hosting
Whilst Promatix recommends hosting companies to host websites, no guarantees can be made as to the availability or interruption of this service by Promatix 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.

Promatix 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 free hosting service should the necessity arise.

Website Optimization
Due to external factors, such as changes to the way search engines rank websites, we cannot offer any guarantees regarding the position we will achieve for websites. The process of optimizing websites itself will bring in more traffic and hits and you'll see visits increase to your site naturally. We cannot accept liability for any change in rankings, or drop off in the position of your website due to changes in the algorithms of the search engines or the factors that they use to rank websites.

We use 'white hat techniques' when optimizing websites and always aim to achieve a top ten ranking for your website within six months of undertaking the optimization process. Due to the work involved payment is generally required in advance and we are unable to offer a refund of any moniesto clients in relation to this type of work.

Promatix reserve the right to refuse to handle in any way, material which may be deemed offensive, illegal or in any way controversial.

Changes after first demo
After the first demo the client is allowed 1 document containing changes that promatix will make, after these changes have been implemented additional charges will apply. There is no exception to this rule, any changes not covered by the client in the document will be charged for at an hourly rate. The document may also not contain any work that was not discussed or quoted for in the original meeting. The soul purpose of this document must be to correct errors such as bugs and functionality and the client is also allowed to make changes to the design and colors. After this Promatix will implement the changes and fix the errors and bugs to the best of their ability after which payment will be required. Aditional time will be required by promatix to implement the changes in the document.

Discussion with the client after a deposit has been paid to Promatix
Any Discussions that commences after the client has paid a deposit to promatix may not be used against promatix in any way, anything that is discussed after this stage may be false since the clients may speak directly to the developers. We allow the clients to talk directly to the developers to make them feel more comfortable and to speed up the development process. However none of the promises made in these discussions may be seen as truth full or used against promatix in any way. Promatix will only provide what was originally quoted for before payment of the deposit. This original quotation will be sent to all clients as a pdf document.

Payment of Accounts
A deposit is required from any new client before any work is carried out. It is the Promatix policy that any outstanding accounts for work carried out by Promatix or its affiliates are required to be paid in full, no later than 30 days from the date of the invoice unless by prior arrangement with Promatix.

Once a deposit is paid and work completed you are obliged to pay the balance of payment in full. We will contact clients via email and telephone to remind them of such payments if they are not received when due.

If accounts are not settled or Promatix have not been contacted regarding the delay, access to the related website may be denied and web pages removed, we will then pass such cases to the Small Claims Court to pursue payment, non payment can result in county court judgments (ccj's) being added to the client’s credit rating.

Following consistent non payment of an invoice our Solicitors will contact the client in question, with a view to taking the matter further and if need be to seek payment through legal procedures, and if necessary court summons.

deposit

Any deposits paid to promatix is non refundable under any surcumstances.

Your Privacy
We do not share or sell any of your details with third party companies, without your express permission and we will only email you or contact you about work related matters.