Overview:

Fluid Web Studio provides professional website design, development, digital branding, and additional creative services. We reserve the right to suspend or cancel a client’s access to any or all services provided by Fluid Web Studio should we determine that an account has been used inappropriately or in breach of our agreement.

As our business evolves to meet new industry standards, we reserve the right to update these Terms & Conditions. While it is your responsibility to stay informed of our current terms, we will endeavor to notify you of any significant changes that may impact your services with us.

Agreement:

By signing up for, and/or otherwise accessing any of the services or products offered by Fluid Web Studio, you agree to be bound by all the Terms and Conditions listed here. These Terms and Conditions supersede all earlier versions.

To the extent that you are deemed to be a consumer as defined by the Consumer Rights Act 2015, these conditions will not affect your statutory rights and will only apply to the extent that applicable law allows.

These Terms & Conditions, along with any project-specific information relating to the service or package purchased, form the full Agreement between us. You acknowledge and accept that your use of our services must be in accordance with our standards of professional conduct and acceptable use.

Contract:

By placing an order with Fluid Web Studio, you automatically confirm that you are in agreement with, and bound by, our Terms and Conditions.

Once a project commences and a payment or deposit is made, it is non-refundable. Should a project be canceled or postponed by the client, all monies paid are retained by Fluid Web Studio. In such events, a fee for all work completed beyond the initial payment shall be calculated and remains payable by the client.

Definitions:

The Client: The company, organization, or individual requesting the services of Fluid Web Studio.

Fluid Web Studio: The primary designer, site owner, and any authorized employees or affiliates.

General:

Fluid Web Studio will carry out work only where a formal agreement is provided via email, telephone, or written correspondence. An ‘order’ is deemed to be a binding contract between Fluid Web Studio and the Client; this includes all verbal and digital agreements.

We require a 50%, non-refundable deposit at the time of booking to secure your project in our studio schedule. The remaining balance must be paid in full immediately upon completion of the website or project, prior to the final “go-live” or transfer of assets.

Website Design:

Performance & Errors: Whilst every endeavor will be made to ensure that the website and any scripts or programs are free of errors, Fluid Web Studio cannot accept responsibility for any losses incurred due to malfunction of the website or any part of it.

Ownership & Copyright: The website, graphics, and any programming code remain the property of Fluid Web Studio until all outstanding balances are paid in full. Any scripts, applications, or software written by Fluid Web Studio (unless specifically agreed otherwise) remain our copyright and may only be commercially reproduced or resold with our express written permission.

Client Material: Fluid Web Studio 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 of permission is provided.

Project Materials & Deadlines: The client agrees to provide all materials required to complete the site as soon as is reasonably possible. Fluid Web Studio will not be liable for costs incurred, compensation, or loss of earnings due to failure to meet agreed deadlines caused by client delays or technical issues beyond our control.

Liability Limitation:

• Fluid Web Studio will not be liable for any costs incurred, compensation, or loss of earnings due to work carried out on behalf of the client.
• We are not liable for any damages stemming from the use or performance of a client website, including unavailability of servers or software provided by third-party agents.
• In the absence of negligence, your use of the website and services is entirely at your own risk.
• We hold no liability for the acts or omissions of telecommunication providers or for faults in their networks and equipment.

Website Credit:

All websites designed and created by Fluid Web Studio will feature a small credit in the footer bar of the website (e.g., ‘Website by Fluid Web Studio’).

We reserve the right to display this credit on all of our work as a signature of our design, unless a specific written agreement has been made otherwise to remove it. This signature also serves as a link back to our portfolio to showcase our professional involvement.

Images & Content:

It is the responsibility of the Client to provide all necessary content (text, logos, and imagery) for the website unless specifically stated otherwise in the project brief.

If no content is provided during the development phase, Fluid Web Studio may use generic “placeholder” text and images to demonstrate the website’s layout. It is the sole responsibility of the Client to ensure that all final content and images used to advertise their services are their own, or that they have the legal right to use them.

Fluid Web Studio holds no responsibility for the content published on the website and assumes no liability for copyright infringements arising from client-provided materials.

Payment of Accounts:

Deposits: A 50% non-refundable deposit is required for all projects before any design or development work commences.

Final Balance: Once a website has been designed and completed, the final balance is due immediately. There are no exceptions to this; if a project is commissioned and the deposit paid, the Client remains legally obliged to pay for the work completed, even if they decide not to proceed with the launch.

Late Payment: Failure to settle the final invoice may result in the suspension of services and, where necessary, legal action to recover outstanding funds.

Project Sign-off: Upon receipt of the final payment, it is assumed that the project has been completed to the Client’s full satisfaction. Any further changes requested after this point may be subject to additional costs.

Database, Application, and E-Commerce Development:

Software Responsibility: Fluid Web Studio cannot take responsibility for any losses incurred by the use of any software or custom scripts created for the client. Whilst every care is taken to ensure products are accurate and error-free, the ultimate responsibility lies with the Client to ensure all software is functioning correctly before use.

Copyright of Code: Any scripts, applications, or software written by Fluid Web Studio (unless specifically agreed otherwise) remain our intellectual property and may only be commercially reproduced or resold with our express written permission.

Hosting & Environment: Where sites are developed on servers not recommended by Fluid Web Studio, the client is responsible for providing all necessary server support and information. For large-scale applications, the client must provide a suitable testing environment identical to the final production environment.

Testing & Bug Fixes: The client is expected to fully test any application or programming relating to a site developed by Fluid Web Studio before it is made live for general use. Should errors or “bugs” be found after the site is live, we will endeavor to correct these issues to meet the original brief, though we are not legally obliged to do so once the project has been signed off.

Browser & Device Compatibility:

Fluid Web Studio will endeavor to ensure that any developed or designed website or application functions correctly on the server it is initially installed on. We design our sites to function correctly across major modern web browsers, including Google Chrome, Apple Safari, and Mozilla Firefox.

However, Fluid Web Studio can offer no guarantees of permanent, correct function with all browser software or mobile devices, as these platforms are constantly updated. Compatibility with legacy or retired browsers (such as Internet Explorer) is not guaranteed unless specifically requested and agreed upon in writing.

Website Hosting:

Service Availability: While Fluid Web Studio may recommend professional hosting companies to host your website, we do not own or control these servers. Therefore, we can make no guarantees as to the 100% availability or uninterrupted service of these platforms.

Liability: Fluid Web Studio cannot accept liability for losses caused by the unavailability, malfunction, or interruption of hosting services, nor for any loss of turnover, sales, revenue, profits, or indirect consequential losses.

Content Refusal: We reserve the right to refuse to handle, upload, or maintain any material deemed offensive, illegal, or controversial. Furthermore, we reserve the right to terminate any hosting service provided to a client should the necessity arise due to a breach of these terms.

Website Optimization & SEO:

Search Engine Rankings: Due to external factors—such as constant changes to search engine algorithms—Fluid Web Studio cannot offer any guarantees regarding the specific ranking or position achieved for websites. While our optimization process is designed to increase organic traffic and visibility, we cannot accept liability for changes in rankings or any subsequent loss of earnings due to algorithm updates.

Techniques & Payments: We strictly use “White Hat” (ethical) techniques when optimizing websites. Due to the intensive nature of SEO work, payment is generally required in advance, and we are unable to offer refunds for monies paid in relation to optimization services.

Content Standards: Fluid Web Studio reserves the right to refuse to optimize or handle any material deemed offensive, illegal, or controversial.

Settlement of Accounts:

Standard Terms: A deposit is required from all new clients before any work commences, unless otherwise agreed in writing. It is the policy of Fluid Web Studio that all accounts for work carried out by us or our affiliates must be paid in full.

Obligation to Pay: Once a deposit is paid and the project is completed, you are legally obliged to settle the remaining balance in full. We will contact clients via email and telephone to provide reminders for any payments not received by the due date.

Collection & Legal Action: If accounts are not settled and no communication regarding a delay has been received, access to the related website may be suspended and web pages removed. In cases of persistent non-payment, we reserve the right to:

• Pass the account to a debt collection agency or the Small Claims Court.
• Seek a County Court Judgment (CCJ) against the client, which may impact credit ratings.
• Instruct our solicitors to pursue payment through formal legal procedures and court summons if necessary.