The following Terms and Conditions of Service apply to all products and services provided by AtomGem.
All work is carried out by AtomGem on the understanding that the client has agreed to AtomGem’s terms and conditions.
Copyright is retained by AtomGem on all design work including words, pictures, ideas, visuals and illustrations unless specifically released in writing and after all costs have been settled.
If a choice of design is presented, only one solution is deemed to be given by AtomGem as fulfilling the contract. All other designs remain the property of AtomGem, unless agreed in writing that this arrangement has been changed.
At the time of proposal, AtomGem will provide the customer with a written estimate or quotation. The Terms and Conditions can be read on the AtomGem website.
A copy of the written estimate or quotation is to be signed and dated by the customer to indicate acceptance and should be returned to AtomGem. Alternatively, the client may send an official order in reply to the estimate or quotation, which binds the client to accept AtomGem’s terms and conditions, or an email acknowledging acceptance of the quotation. No work on a project will commence until acceptance of the quotation has been received by AtomGem.
Charges for design services to be provided by AtomGem will be set out in the written estimate or quotation that is provided to the customer. At the time of the customer’s signed acceptance of this estimate or quotation, indicating acceptance of the Terms & Conditions, a non-refundable deposit of 50% of the quoted fee will become immediately due. Work on the project will not commence until AtomGem has received this amount.
Unless agreed otherwise with the Client, all design services require an advance payment of a minimum of fifty (50) percent of the project quotation total before the work is supplied to the Client for review. The remaining fifty (50) percent of the project quotation total will be due upon completion of the work prior to upload to the server or release of materials.
Charges for design work do not cover the release of copyright design files including indd, psd, png, fla, ai or any other source files; if the Client requires these files, they will be subject to a separate quotation or ‘buy-out’ charge.
Charges for Other Services
Charges for any additional services over and above the estimated design, will become fully payable (100% of the quoted amount) at the time of estimate or quotation acceptance.
The customer will be provided with an Invoice prior to final publication. At this time the remainder of the amount due will become payable and the customer will also be required to send confirmation of invoice to AtomGem. Accounts which remain outstanding for 30 days after the date of invoice, will incur an extra charge of 2% per month of the outstanding amount.
Payments may be made by online transfer, cash, credit card (Visa, Mastercard) or Debit Card, or (for overseas customers), Pound Sterling International Money Order or previously agreed electronic funds transfer.
Publication and/or release of work done by AtomGem on behalf of the client, may not take place before cleared funds have been received. A monthly payment plan can also be agreed by AtomGem and the client.
An account shall be considered default if it remains unpaid for 30 days from the date of invoice. AtomGem shall be considered entitled to remove AtomGem and/or the customer’s material from any and all computer systems, until the amount due has been fully paid. This includes any and all unpaid monies due for services, including, but not limited to, hosting, domain registration, search engine submission, design and maintenance, sub-contractors, printers, photographers and libraries.
Removal of such materials does not relieve the customer of its obligation to pay the due amount. Customers whose accounts become default agree to pay AtomGem reasonable legal expenses and third party collection agency fees in the enforcement of these Terms and Conditions.
Copyrights and Trademarks
By supplying text, images and other data to AtomGem 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.
Any artwork, images, or text supplied and/or designed by AtomGem on behalf of the customer, will remain the property of AtomGem and/or its suppliers.
The customer may request in writing from AtomGem, the necessary permission to use materials (for which AtomGem holds the copyright) in forms other than for which it was originally supplied, and AtomGem may, at its discretion, grant this. Such permission must be obtained in writing before it will allow any of the aforesaid artwork, images, text, or other data to be used.
By supplying images, text, or any other data to AtomGem, the customer grants AtomGem permission to use this material freely in the pursuit of the design.
Should AtomGem, or the customer supply an image, text, audio clip or any other file for use in a website, multimedia presentation, print item, exhibition, advertisement or any other medium believing it to be copyright and royalty free, which subsequently emerges to have such copyright or royalty usage limitations, the customer will agree to allow AtomGem to remove and/or replace the file on the site.
The customer agrees to fully indemnify and hold AtomGem free from harm in any and all claims resulting from the customer in not having obtained all the required copyright, and/or any other necessary permissions.
The customer agrees that changes required over and above the estimated work or required to be carried out after acceptance of the draft design will be liable to a separate charge.
The customer also agrees that AtomGem holds no responsibility for any amendments made by any third party, before or after a design is published.
Any design, copywriting, drawing, idea or code created for the customer by AtomGem, 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 AtomGem.
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. AtomGem will not be held responsible for any and all damages resulting from such claims. AtomGem is not responsible for any loss, or consequential loss, non-delivery of products or services, of whatever cause. The customer agrees not to hold AtomGem responsible for any such loss or damage. Any claim against AtomGem shall be limited to the relevant fee(s) paid by the customer.
The client agrees to AtomGem’s definition of acceptable means of supplying data to the company.
Text is to be supplied to AtomGem in electronic format as standard text (.txt), MS Word (.doc) on CD-ROM, or via e-mail / FTP.
Images which are supplied in an electronic format are to be provided in a format as prescribed by AtomGem via CD-ROM, or e-mail / FTP. Images must be of a quality suitable for use without any subsequent image processing, and AtomGem will not be held responsible for any image quality which the client later deems to be unacceptable. AtomGem cannot be held responsible for the quality of any images which the client wishes to be scanned from printed materials.
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
Design Project Duration
Any indication given by AtomGem of a design project’s duration is to be considered by the customer to be an estimation. AtomGem 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 AtomGem for the initial payment or by date confirmed in writing by AtomGem.
Rights of Access for Website Construction
The client agrees to allow AtomGem 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. The customer also agrees to allow AtomGem access to any computer systems, usernames and passwords required to remove data and/or sites for failure to comply with these Terms and Conditions.
The customer agrees to supply AtomGem with all necessary materials, electronic, or otherwise, required to create and complete the project, and to supply them in a timely manner.
Design Project Completion
AtomGem considers the design project complete upon receipt of the customer’s signed Approval form. Other services such as printing, display panel production, filmwork, website uploading, publishing etc either contracted on the clients behalf constitute a separate project and can be treated as a separate charge.
Website design only
AtomGem 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.
Once web design is complete, AtomGem will provide the customer with the opportunity to review the resulting work. AtomGem will make one set of minor changes at no extra cost within 14 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 AtomGem by e-mail or fax and confirmed by post.
AtomGem will consider that the client has accepted the original draft, if no notification of changes is received in writing from the customer, within 14 days of the start of the review period.
AtomGem offers a limited in-house hosting services through an out-sourced virtual server. AtomGem does not guarantee continuous service and will accept no liability for loss of service, whatever the cause. AtomGem may request that clients change the type of hosting account used if that account is deemed by AtomGemto be unacceptable because of poor service, lack of bandwidth or in any other way insufficient to support the website. Fees for hosting on AtomGem’s virtual server are due at the commencement of any period of service and are non-refundable. Fees due to third party hosting organisations are the responsibility of the client and AtomGem are not liable for their payment, nor for the renewal of domain names, which are the sole responsibility of the customer / domain owner.
AtomGem cannot guarantee the availability of any domain name. Where AtomGem is to register a domain name on behalf of a client it will endeavour to do so but the client should not assume a successful registration.
Search Engine Submission
Due to the infinite number of considerations that search engines use when determining a site’s ranking, AtomGem 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. AtomGem recommend that customers use a professional SEO company and are happy to provide details of such companies, but accept no responsibility for their services.
The customer agrees to allow AtomGem to place a small credit on printed material exhibition displays, advertisements and/or a link to AtomGem 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 AtomGem to place websites and other designs, along with a link to the client’s site on AtomGem own website for demonstration purposes and to use any designs in its own publicity and portfolios.
Rights of Refusal
AtomGem 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. AtomGem also reserves the right to refuse to include submitted material without giving reason. In the situation where any images and/or data that AtomGem does include in all good faith, and subsequently discovers is in contravention to such Terms and Conditions, the customer is obliged to allow AtomGem to remove the contravention without hindrance, or penalty. AtomGem is to be held in no way responsible for any such data being included.
Cancellation of orders may be made initially by telephone contact, or e-mail, however, following this, AtomGem will need formal notification in writing to the company’s postal address. The client will then be invoiced for all work completed over and above the non-refundable deposit that will have been made at the time of first ordering. The balance of monies due must be paid within 30 days. Please note: any cancellation which is not formally confirmed in writing and received by AtomGem within 14 days of such instruction being issued, will be liable for the full quoted cost of the project.
AtomGem makes no warranties of any kind, express or implied, for any and all products and/or services that it supplies. AtomGem will not be held responsible for any and all damages resulting from products and/or services it supplies. AtomGem 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 AtomGem responsible for any such loss or damage. Any claim against AtomGem shall be limited to the relevant fee(s) paid by the customer.
AtomGem reserves the right to use the services of sub-contractors, agents and suppliers and any work, content, services and usage is bound by their Terms and Conditions. AtomGem will not knowingly perform any actions to contravene these and the client also agrees to be so bound.
AtomGem and its clients agree to comply with Printers Terms and Conditions which include disclaimers for non-completion on time and the flexibility to supply quantities within 10% of the total ordered. AtomGem recommend that if an exact quantity is required, then 10% extra is added to the quantity and extra time made available should the job be delayed.
These Terms and Conditions supersede any previous Terms and Conditions distributed in any form. AtomGem reserves the right to change any rates and any of the Terms and Conditions at any time and without prior notice.
Acceptance of Terms and Conditions and Quotation
The placement of an order for design and/or any other services offered by AtomGem, by email, verbally or in writing, is deemed to be acceptance of these terms and conditions, which are freely available at www.atomgem.com.
An estimate validated by the customer’s signature, or acceptance via email or phone, of the estimate or quotation, 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 AtomGem.