Terms and conditions
Dreamabstract Ltd provide Service(s) to Clients subject to and as set out in a written Agreement between Dreamabstract Ltd and each Client and these Terms & Conditions.
Provision of Service(s)
1) Dreamabstract reserves the right to withdraw its provision of services at any time that it becomes aware of or is notified of the misuse, abuse or illegal use of said services contrary to any statutory regulation or law governing the relationship between Dreamabstract and the Client under this Contract. 2) These Conditions together with any terms set out in the Agreement between Dreamabstract and the Client constitute the entire agreement between the parties, supercede any previous agreement or understanding and may not be varied except in writing between the parties. All other terms and conditions express or implied by statute or otherwise are excluded to the fullest extent permitted by law. 3) English law shall apply to any Contract unless specifically stated otherwise, and the parties agree to submit to the exclusive jurisdiction of the English courts. 4) Dreamabstract reserves the right to review and revise these Conditions from time to time without prior notice.
The Service(s)
1) Dreamabstract may at any time without notifying the Client make any changes to the Service(s) which are necessary to comply with any applicable safety or other statutory requirements, or which do not materially affect the nature and or quality of the Service(s). 2) All charges quoted to the Client for the provision of the Service(s) are exclusive of any Value Added Tax, for which the Client shall be additionally liable at the applicable rate from time to time. 3) Dreamabstract warrants to the Client that Service(s) will be provided using reasonable care and skill and as continuously as reasonably possible, at all times subject to restrictions resulting from third parties (whether as a result of their action or inaction). Where Dreamabstract supplies Service(s) in connection with services or goods supplied by a third party, Dreamabstract does not give any warranty, guarantee or other term as to their quality, fitness for purpose or otherwise. However, where possible, the benefit of any warranty, guarantee or indemnity given by the supplier of goods/services to Dreamabstract will be assigned to the Client . 4) Dreamabstract shall have no liability to the Client for any loss, damage, costs, expenses or other claims for compensation arising from any materials, equipment or instructions supplied by the Client which are incomplete, incorrect, inaccurate, illegible, out of sequence or in the wrong form, or arising from their late arrival or non-arrival, or any other fault of the Client. 5) The entire liability of Dreamabstract under or in connection with any contract for Service(s) shall not exceed the amount Dreamabstract charges for the provision of the Service(s), except as expressly provided in these Conditions. 6) Dreamabstract shall not be liable to the Client or be deemed to be in breach of the Contract by reason of any delay in performing, or any failure to perform, any of Dreamabstract’s obligations in relation to the Service(s), if the delay or failure was due to any cause beyond Dreamabstract’s reasonable control.
Ownership of Information
All Client information, mail messages and other data stored on Dreamabstract equipment is treated as private and solely the property of the Client at all times (with the exception of any work that has not been paid for in full – see the relevant sections below for full conditions) and will not be duplicated, copied, reproduced or viewed publicly in any way except with express or implied permission of the Client and/or for the purposes of Dreamabstract back-up routines and/or providing the Client with support services or as required by the law.
(Web) Design, Photography
1) Dreamabstract in its sole discretion will decide whether or not to commence work on any project prior to receiving a signed quotation for that work from the Client together with a deposit.
2) Dreamabstract may correct any typographical errors in any material, brochures or literature provided by the Client without any liability to the said Client.
3) Dreamabstract may reject any material that in their estimation may be deemed offensive or infringes copyright. Dreamabstract will not be held responsible for any breach of copyright; we will assume that any information or images given to us have been fully sanctioned or authorised and are the property of the client.
4) Dreamabstract cannot promise a start or finish date for any project until all content required for that project has been provided (including but not limited to text and images) and any obligations that are the Client’s have been discharged – for example acquisition of a Merchant ID for an eCommerce website.
5) Depending on the initial design template chosen, Dreamabstract will in their own interest modify or alter the preset design within reasonable limits to accommodate Client content.
6) Unless specified by the Client and confirmed on a separate agreement form, the programming and design will be the responsibility of Dreamabstract. Dreamabstract will assume that the Client has given them permission to design and layout each individual page.
7) All design and photography work (including but not restricted to logos, photography, drawing, image manipulation, page layout, animation and any other graphic work undertaken by Dreamabstract for the website; the data files comprising such work and any reproduction or clear likeness thereof) remains the sole property of Dreamabstract or their subsidiaries until the agreed amount for that work (as reflected by a single signed quotation and including a body of work as reflected by more than one signed quotation) has been paid in full. After payment has been received in full the website and design work contained therein becomes the property of the Client with the exception of (a) original photographic work and (b) original artwork (excluding logo design). Permission must be obtained in writing from Dreamabstract if the Client wishes to re-use original photographic images or artwork.
8) Mistakes and omissions by Dreamabstract excluded, any alterations/changes or redesigns to the completed site will be chargeable as an extra at the standard rates, to be agreed with the Client in writing by means of a signed quotation. Similarly, substantial changes to a site template after it has been approved will also be chargeable as an extra at standard hourly rates or at an amount agreed in writing with the Client by means of a further signed quotation. In all cases Dreamabstract undertakes to inform the client of the amount of extra work involved and to get their written agreement to extra costs. Once costs have been agreed by the Client in writing and the work is completed, the Client remains liable for the cost of the work done, regardless of whether or not the work is subsequently used.
Programming
Dreamabstract LICENSE AGREEMENT AND LIMITED WARRANTY “Software” is defined as any code, media, and accompanying on-line or printed documentation provided under contract. BY INSTALLING, COPYING, OR OTHERWISE USING THE SOFTWARE, YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT.
Dreamabstract grants you the right to use the Software in the manner provided below. The Software remains Dreamabstract’s property at all times. Once payment for the Software has been received in full, it is licensed to the Client exclusively and permanently. Regardless of any modifications made by or on behalf of the Client, the Client may not distribute any part of the Software under any circumstances except the following : The Client may transfer this License to another party (i.e. by passing control of the Software to a third party). However (a) the License now exists between Dreamabstract and that third party (b) the Client’s license is revoked at this point; no copies of the Software may be retained. As the Software is owned by Dreamabstract or its suppliers and is protected by copyright law and international copyright treaty, the Client undertakes to treat it like any other copyrighted material except that one copy may be made solely for back-up or archival purposes. Upgraded version(s) of the Software constitute(s) a single product with the Dreamabstract original Software and all terms of the License Agreement continue to apply. The Software might include source code, redistributable files, and/or other files provided by a third party vendor (“Third Party Software”). Since use of Third Party Software might be subject to license restrictions imposed by the third party vendor, you should refer to the on-line documentation (if any) provided with the Third Party Software for any license restrictions imposed by the third party vendor. In any event, any license restrictions imposed by a third party vendor are in addition to, not in lieu of, the terms and conditions of this License Agreement. Dreamabstract may agree to transfer ownership of code to you in writing upon request.
LIMITED WARRANTY.
Except with respect to the redistributables, which are provided “as is,” without warranty of any kind, Dreamabstract warrants that the Software, as updated and when properly used, will perform substantially in accordance with its specification as agreed between Dreamabstract, and the Software will be free from defects in for a period of ninety (90) days from the date of receipt. Any implied warranties on the Software are limited to ninety (90) days. The Software will have been tested extensively during development and will have been ‘beta-tested’ by you before payment has been received. Therefore Dreamabstract and its suppliers’ entire liability and your exclusive remedy shall be repair or replacement of the Software. This Limited Warranty is void if failure of the Software has resulted from accident, abuse, or misapplication.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, Dreamabstract AND ITS SUPPLIERS DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO: IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, WITH REGARD TO THE SOFTWARE, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS.
LIMITATION OF LIABILITY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. IN NO EVENT SHALL Dreamabstract OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE PRODUCT OR THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, EVEN IF Dreamabstract HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Web Browser, Mobile Browser & Operating Systems Upgrades
Dreamabstract will design and develop websites to be compliant with the latest major web browsers (Chrome, Internet Explorer, Edge, Firefox and Safari), mobile browsers and operating systems (Windows for PC and Mac OS) available. If new browsers, browser updates/versions or operating system updates/versions come out which mean that a website needs updating to remain compliant, this is to be regarded (at Dreamabstract’s sole discretion) as extra work, which will need to be paid for.
WordPress software and plugin updates
It is important to ensure your WordPress software and plugins are kept up to date on a regular basis. Once your website is built, Dreamabstract will advise you to take out a maintenance contract or purchase a block of time so we can manage these updates for you throughout the year.
Cookie policy
We advise all customer’s to have an opt in policy with cookies displayed on their website, this normally takes the form of a popup bar near the top of the website on the first visit. Alternatively or in addition, we recommend having clear information about how cookies are used on your website available from the footer of your website. More information can be found here https://www.cookielaw.org/the-cookie-law/
GENERAL PROVISIONS.
This statement may only be modified in writing signed by you and Dreamabstract. If any provision of this statement is found void or unenforceable, the remainder will remain valid and enforceable according to its terms. If any remedy provided is determined to have failed for its essential purpose, all limitations of liability and exclusions of damages set forth in the Limited Warranty shall remain in effect. Dreamabstract reserves all rights not specifically granted in this statement.