Terms & Conditions and Privacy Policy

Privacy Policy

This policy covers Art Division’s use of personal information that Art Division Ltd collects when you use artdivision.co.uk.

From time to time, you will be asked to submit personal information about yourself (e.g. name and email address) in order to receive or use the services featured on our website. Such services include newsletters, a review of your marketing material and information requisitions regarding Art Division’s services and promotions.

By entering your details in the fields requested, you enable Art Division to provide you with the services and/or information you select. Whenever you provide such personal information, we will treat that information in accordance with this policy. When using your personal information Art Division will act in accordance with current legislation and aim to meet current Internet best practice.

Please note that we do provide links to other sites, which may not be governed by this Privacy Policy and you should view the relevant policies of those sites for further information. Art Division is not responsible for the content of external internet sites, nor necessarily endorses them.

Use and storage of your personal information

When you supply any personal information to artdivision.co.uk (e.g. for request for services or information) we have legal obligations towards you in the way we use that data. We must collect the information fairly, that is, we must explain how we will use it and will tell you if we want to pass the information on to anyone else.

In general, any information you provide to Art Division will only be used within Art Division. Your information will be disclosed where we are obliged or permitted by law. Also, if you send offensive, inappropriate or objectionable content anywhere on or to artdivision.co.uk or otherwise engage in any disruptive behavior on artdivision.co.uk, Art Division can use whatever information that is available to it about you to stop such behavior. This may involve informing relevant third parties such as your employer, school, e-mail/internet service provider, even law enforcement agencies about the content and your behavior.

We will hold your personal information on our systems for as long as the service you have requested is available, and remove it in the event that you no longer wish to continue your registration with Art Division. Where personal information is held for people who are not yet registered but have taken part in other Art Division services (e.g. newsletters), that information will be held as long as is necessary to ensure that the service is run smoothly. We will ensure that all personal information supplied is held securely, in accordance with the Data Protection Act, 1998.

If you are notified on artdivision.co.uk that your information may be used to allow Art Division to contact you, this means that Art Division may contact you for a number of purposes relating to the service or related services in which you have expressed interest.

It is the policy of Art Division not to transfer or sell to a third party any information it receives through artdivision.co.uk.

Access to your personal information

You have the right to request a copy of the personal information that Art Division holds about you and to have any inaccuracies corrected. (We charge £10 for such requests.) Please address requests to the Data Protection Officer for whom the contact details are: Data Protection Officer, Art Division Ltd., Unit 4, Palmerston Court, Palmerston Road, Sutton, Surrey SM1 4QL.

Users 16 and under

If you are aged 16 or under, you are not eligible to use Art Division’s services. Users who fall into this category are not allowed to provide us with their personal information.

Cookies

A cookie is a small amount of data, which often includes an anonymous unique identifier that is sent to your browser from a website's computer and stored on your computer's hard drive. Each website can send its own cookie to your browser if your browser's preferences allow it, but (to protect your privacy) your browser only permits a website to access the cookies it has already sent to you, not the cookies sent to you by other sites. Many sites do this whenever a user visits their website in order to track online traffic flows and record information about your online preferences. Currently, artdivision.co.uk neither uses cookies nor has plans to do so.

Art Division may update this policy at any time, such amendments will be announced here.

Art Division Ltd

Terms & Conditions

These Terms & Conditions set out the basis under which we do business and are designed to offer both parties protection in the unlikely event of a dispute. Clients should note that, by instructing Art Division Ltd. to act for them, they accept these Terms and Conditions in full and without variation.

Estimates and Charges

Estimates and quotations are based on information supplied by the Client, the anticipated size and complexity of the work and current design and production costs. Unless otherwise agreed in advance, our charges are subject to reasonable variation to reflect changes in any of these factors.

Charges for Packaged Design services are subject to variation without notice and the current pricing should be confirmed before placing an order. Any of the services we offer may be withdrawn at any time without notice. The features included in our packaged Design services are subject to revision and / or withdrawal at any time without notice and current features should be confirmed before placing an order.

We will give the Client a fixed price for agreed artwork and printing costs (if required) at the outset so there will be no unexpected charges later.

Art Division Ltd. is VAT registered, so all charges include VAT at 17.5%.

All preliminary, experimental or additional work carried out by agreement or at the Client's express request will be charged for at the usual rate for the job according to our current pricing.

Content for the site should be given to us as soon as possible, preferably during the design phase, so the designer can accommodate the text into the site. Clients should note that the amount of time spent on the construction phase is the same as for the design phase. If the site is placed with cms, the development time spent on it is the same as with other phases. Once construction is complete and content is given, any later change of content will incur an extra charge, calculated on an hourly basis.

Typing charges will be incurred for any copy not supplied on disc or in electronic format (such as e-mail).

The initial design work is an idea of what a completed website will look like. However, Clients should bear in mind that html format has its limitations and, despite our best efforts, its final appearance cannot be guaranteed to be identical to its appearance at the design stage.

Clients should note that not all Web page design features (such as Frames, Forms and JavaScript) will function in all Web browser versions. In addition, Web page content may view differently in different browsers. Additional charges may be incurred for optimising a site for specified browser versions.

Every site we build is thoroughly tested in the following browsers: Internet Explorer 6 and 5.5; Firefox 1.0.6; Netscape 8; Opera 8; Internet Explorer 5.5 for Mac and Mac Safari. However, Clients should understand that, despite our best efforts, the appearance of a particular website across these browsers might not always be identical.

Proofs

Proofs will be submitted for Client approval and Art Division Ltd. will not be held liable for any errors or omissions not corrected by the Client in these proofs. Any subsequent Client alterations and consequent additional proofs will be charged at our usual rate. Clients should note that Web Design proofs are submitted as files temporarily uploaded to a password-protected area on our web server for viewing over the Internet, unless otherwise agreed in advance. Written approval is required by the Client (preferably in an e-mail format) in order for us to proceed to the construction stage.

Graphic design proofs are submitted in the form of a PDF document sent as an attachment via an e-mail. For any graphic design work Clients will receive a visual of their proposed order and be required to provide written confirmation before going to print (if print is desired) that the layout, copy and artwork are correct. If alterations are required, these will be charged for accordingly at our usual rate. The Company will not be held responsible for any errors overlooked by the Client, no matter how prominent.

Payment and Delivery

Work is accepted on the basis of an advance payment, (representing 50% of the value of the estimate if the total value is less than £1500 and 30% of the value of the estimate if the total amount is over £1500), being received before commencement, unless otherwise agreed in advance. For web design jobs, if 50% payment has been made in advance, the outstanding balance must be received before site files are released or uploaded to the Client's web space. If 30% payment has been received in advance, a second payment of 30% must be paid after the design has been approved but before the commencement of the construction phase. The final 40% must be paid upon completion of the website but before site files are released or uploaded to the Client's web space.

For graphic design jobs we only accept 50% initial payments and the outstanding balance must be received before the artwork is sent to print or sent to the client on a CD.

With regard to printing charges these must be paid in full up-front. We will not proceed to print until we have received cleared funds to the full amount in our bank account.

Clients should note that Web Design work may be delivered as files on disc for the Client to upload and / or as Web pages uploaded to the Client's Web space, as agreed in advance. Graphic design work may be delivered as files on disk or via e-mail.

If work is delayed awaiting action by the Client for a period exceeding 30 days, payment to cover work already carried out will become due immediately.

Clients on maintenance or marketing agreements are expected to pay a fixed fee agreed in advance by standing order until the contract is cancelled.

Liability

The limit of liability will be restricted to the cost of the services provided by Art Division Ltd. and no liability will be accepted for consequential losses of any kind. This includes, for Internet-related services, loss of trade owing to temporary malfunction.

Goods shall be delivered as soon as they are ready and whilst every effort is made to ensure that the Company meets its pre-arranged delivery dates, there are no guarantees as to those dates. Therefore, Art Division Ltd. can accept no responsibility for any costs or losses of income sustained by the Client due to production delays, howsoever caused.

If a Client delays the working process by not responding or not delivering the content on time, this will subsequently affect the deadline, and Art Division Ltd. will not take responsibility for any such delays so occasioned. Furthermore, no liability will be accepted for delays or failure to complete work owing to acts or omissions of third parties, force majeure and other circumstances beyond the control of Art Division Ltd.

For Web Design work, owing to the inherent limitations in Internet technologies, Art Division Ltd. cannot guarantee accuracy in colour reproduction, page formatting or the universal availability of website design functions.

If a site is set up for e-commerce, we need at least a week for testing with the payment process in place (Worldpay, Paypal, etc.)

During an online payment process, we can try to predict what a user may do, but Art Division Ltd. can take no responsibility for lost transactions due to actions we cannot control, such as a user closing their browser before being redirected to a confirmation page, or through malicious use.

Art Division Ltd. is not responsible for registration or management of any external services, such as Paypal, Worldpay, other hosting companies, or domain names registrants.

If a Client chooses Paypal, Worldpay or any other online payment process, it is their responsibility to learn how that process works. Art Division Ltd. can only recommend services with which we have worked and have experience.

Art Division Ltd. cannot assume responsibility for the performance of sites that are not hosted with us. Art Division uses 3rd party hosting suppliers and, in the event of a problem with any site hosted on our servers, would do anything possible to rectify any such problem, although we cannot take any responsibility for the speed of response or quality of work by those 3rd parties.

Art Division Ltd. is not responsible for domain names that were not bought or hosted by us.

Art Division Ltd. is not responsible for any DNS changes not carried out by us.

Clients should note that DNS changes usually take around 48 hours to fully propagate. During this time any web site might not be available for viewing. Clients should be aware that during this period there may be some e-mail downtime as well.

In cases where the hosting of an existing web site is transferred to Art Division Ltd., Clients are advised to provide us with their desired e-mail addresses so we can avoid any e-mail downtime.

Despite our best efforts SEO (Search Engine Optimisation) does not guarantee improvement in ranking. We follow guidelines proposed by the most popular search engines (Google, Yahoo, MSN, etc). Improvement usually happens gradually over a long period of time, hence we recommend that the optimisation campaign should be carried out over at least 6 months.

Clients should note that the purchase of a content management system (CMS) does not include future upgrades to the system. This is only available through a maintenance contract, which can be made available at an additional monthly / yearly charge.

Once the site has been completed all files will be uploaded onto the server. We will keep a copy of the design for 2 years. At the end of 2 years we have no further obligation to keep the design files. The Client has the right to ask for those files at any point in time.

Content provided by Clients

Art Division Ltd. reserves the right to decline the use of low resolution or poor quality images. In the interests of maintaining quality and performance on the Web, original high resolution images supplied on disc by the Client are preferred instead of already optimised and resized images.

The Client may give exact and detailed instructions for copy and layout submitted in clear printing or type, or, in the case of layout, explicit draft format, but it must be understood that we will prepare artwork for the Client’s order in accordance with our professional judgment. We cannot be held responsible for errors arising from ambiguities.

Art Division Ltd. reserves the right to make spelling and grammatical corrections prior to proofing and approval by the Client.

The Client must ensure that all materials submitted are legal and suitable for publication. This includes careful attention to avoid copyright and trademark infringements.

Art Division Ltd. will refuse to work with any materials that are, or may be considered to be, illegal, obscene, libelous, inappropriate or otherwise unsuitable for publication.

Notwithstanding the above, the Client agrees to indemnify Art Division Ltd. against any claims and costs incurred as a result of publishing content for the Client that is, or may be considered to be, illegal, obscene, libelous, inappropriate or otherwise unsuitable for publication or which constitutes, or may be considered to constitute, an infringement of rights.

Materials provided by Clients

All materials submitted will be at the Client's risk, both when in transit and while held by Art Division Ltd. Clients are advised to insure their materials against any loss or damage as appropriate.

Artwork

Should artwork be supplied, every care and consideration is taken while the goods are entrusted to the Company, though no responsibility can be accepted by the Company for any damage or loss occasioned to such goods, howsoever caused. Accepted artwork / photographs will be taken as production-ready and will not be altered in any way except on the Client’s written instructions and in that event, no responsibility will be accepted for any errors in them not being corrected by the Client.

Printing

Printing is not carried out in-house but can be arranged by the Company on behalf of the Client. The Company reserves the right to use a printing house of its choice. Every endeavour will be made to deliver the correct quantity ordered but estimates are conditional upon margins of 5% to 10% being allowed for overs or shortages. Text deletions are subject to a 10% variation. Colour control is kept to the optimum but some colour variance may occur.

Cancellation

Any confirmed order subsequently cancelled for any reason by the Client will be charged at a minimum of 10% of the total quoted cost + VAT. Where the Client cancels any order after receiving a proof a charge will be made for the cost of the proof and work involved up to that point. In the event that the Client cancels any order after production has already started a charge of 50% of the total cost + VAT will be charged and if cancellation takes place once printing is in progress, a charge of 100% of the total cost + VAT is due. None of those charges is refundable.

Orders

The Company shall be entitled to refuse any order which they feel they cannot complete for whatever reason.

Claims

Complaints or claims regarding invoices or quality of work will not be entertained unless lodged by the Client within seven days of the receipt of goods.

Insolvency

In the event that the Client is unable to settle business debts, for whatever reason, Art Division Ltd. reserves the right to cease work on behalf of the Client and charge for work already carried out with immediate effect.

Inclusion of Client work in Art Division Ltd. portfolio

Art Division Ltd. reserves the right to reproduce copies of the Client's completed work in its portfolio for the purposes of advertising and promotion, unless otherwise agreed in writing.

Design credit and link to Art Division Ltd. web site

A design credit will be included on all pages of web sites that we design. Each credit will be hyperlinked to the Art Division Ltd. web site.

Revisions to our Terms and Conditions

We reserve the right to alter our Terms and Conditions at any time without prior notice and Clients should confirm our current Terms and Conditions before placing an order.

Complaints Procedure

If for any reason a Client should feel that the service provided by Art Division Ltd. has not met their expectations, they should write with full details of their complaint to:

The Managing Director, Art Division Ltd., Unit 4, Palmerston Court, Palmerston Road, Sutton, Surrey SM1 4QL

who will undertake to deal with their complaint quickly and fairly.

In the event that this does not satisfactorily resolve the matter, the Client will be referred to an Independent Arbitrator who shall be appointed under the Terms of the Arbitration Act 1996 and whose decision shall be final.

Law

Any dispute arising under these Terms & Conditions and any other terms of contract between Art Division Ltd. and the Client shall be governed by and construed in accordance with the laws of England and each of the parties hereto submit themselves to the jurisdiction of the English Courts.