Definitions:
The Client: The company or individual requesting the services of Mint Design.
Mint Design: Primary designer/site owner & employees or affiliates.
General
Mint Design will carry out work only where an agreement is provided either by email, telephone, mail or in personal meetings. Mint Design 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 Mint Design and the client, this includes telephone and email agreements.
Website Design
Whilst every endeavor will be made to ensure that the website and any scripts or programs are free of errors, Mint Design 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 Mint Design until all outstanding accounts are paid in full.
Any scripts, CGI applications, PHP scripts, or software (unless specifically agreed) written by Mint Design remain the copyright of Mint Design and may only be commercially reproduced or resold with the permission of Mint Design.
Mint Design 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 Mint Design and where no charge is made by Mint Design for such additions, Mint Design 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.
Mint Design cannot guarantee to meet deadlines and quotes when the client makes alternations to the initial brief.
The client agrees to make available as soon as is reasonably possible to Mint Design all materials required to complete the site to the agreed standard and within the set deadline.
Mint Design will not be liable for costs incurred, compensation or loss of earnings due to the failure to meet agreed deadlines.
Mint Design 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. E.g. Any disputes regarding content/images that have been provided to us for inclusion on the site.
Mint Design 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.
Mint Design 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.
In some cases, a non-refundable deposit of 25% is required with all of our projects before any design work will be carried out.
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 in some cases, 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 clients satisfaction and no refunds can be offered.
Database, Application and E-Commerce Development
Mint Design 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 Mint Design remain the copyright of Mint Design and may only be commercially reproduced or resold with the permission of Mint Design.
Where applications or sites are developed on servers not recommended by Mint Design, 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 clients 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 Mint Design before being made generally available for use. Where “bugs”, errors or other issues are found after the site is live, Mint Design will endeavor (but is not obliged to) to correct these issues to meet the standards of function outlined in the brief.
Compatibility
Mint Design 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 Internet and to an acceptable level with Mozilla browsers. Mint Design can offer no guarantees of correct function with all browser software.
Website Hosting
No guarantees can be made as to the availability or interruption of this service by Mint Design 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.
You are not obligated to host your website with Mint Design.
Mint Design 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.
External/Third Party Website and Email Hosting
Websites and email accounts can be hosted with third party providers and clients are not obligated to host with Mint Design. In this instance, Mint Design will deliver all website files to the third party host upon full payment of the account. In doing so, Mint Design waivers all responsibility for the hosting of the website.
If the Client wishes to host their email account(s) with a third party hosting company, we waiver all responsibility for the delivering and receiving of emails. Mint Design will test email functionality on Mint Design servers to ensure that the email system is working correctly before handing over to the third party host.
Website Optimisation
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 optimising 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 clients in relation to this type of work.
Mint Design reserve the right to refuse to handle in any way, material which may be deemed offensive, illegal or in any way controversial.
Website optimisation can provide you with a good SERP (search engine ranking position) but we cannot guarantee an increase in business that you attract. External factors to Mint Design, such as costs, customer service and other factors all play an important part in generating new business.
Social Media Marketing
You are solely responsible for any data, text, software, music sound, images, photographs, graphics, video, messages, files or other materials (“Content”) which is transmitted, posted, or distributed by you through your social media channel. This includes, but is not limited to information, photos or images posted by you or posted to your social media channel. By posting Content you warrant and represent that you own all right, title and interest to that Content and any likenesses contained in that Content. Mint Design does not own or control the Content posted by clients and, does not guarantee the accuracy, integrity or quality of such Content. You may be exposed to Content posted by other Users that may be offensive, indecent or objectionable. Under no circumstances will Mint Design be liable in any way for any Content posted by any User or third party, including, but not limited to, liability for any errors or omissions in any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, e-mailed or otherwise transmitted.
We will not be held responsible for non-compliance of social media channel policies in which violations of those polcies may result in closure or suspension of client accounts.
Payment of Accounts
In some cases a deposit is required from any new client before any work is carried out. It is Mint Design’s policy that any outstanding accounts for work carried out by Mint Design or its affiliates are required to be paid in full, no later than 14 days from the date of the invoice unless by prior arrangement with Mint Design.
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, post and/or telephone to remind them of such payments if they are not received when due. Deposits are non-refundable.
If accounts are not settled or Mint Design have not been contacted regarding the delay, access to the related website or design work 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 court judgements being added to the clients credit rating.
Mint Design reserves the right to charge interest at a rate of 10% (compunding) per month on the outstanding amount until the payment is made in full. Interest will be charged based on the time between when the Client is invoiced and whent the account is paid in full.
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.
Any costs incurred while trying to recover payment from the client will be the responsibility of the client and added to the client’s invoice.
Mint Design retains full ownership of all work including concepts and mock-ups until full payment is made.
Progress Payments
We invoice "progress payents" after 30 days of commencing work, or when work is complete, whichever is soonest. For example, if work on a design or development project exceeds 30 days, we will invoice the work that has already been completed. We reserve the right to refuse completion of work until progress payments are paid in full.
Your Privacy
We do not share or sell any of your details with third party companies, without your express permission.
Access to Design Files
The client will have access to designs such as logo or mascot designs in PDF, JPG or PNG files. Mint Design reserves ownership of all AI and PSD design files which can be purchased by the client.
Email Communication and Promotions
From time to time, Mint Desgin may email or mail the Client information relating to the company and services or promotions being offered.
