By placing an order with Fresh Mind Therapy, you confirm that you are in agreement with and bound by the terms and conditions below.
1.1 The Client: The company or individual requesting the services of Fresh Mind Therapy.
2.1 Fresh Mind Therapy will carry out work only where an agreement is provided either by email, telephone, mail or fax. Fresh Mind Therapy 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 Fresh Mind Therapy and the client, this includes telephone and email agreements.
3. Website Design
3.1 Whilst every endeavour will be made to ensure that the website and any scripts or programs are free of errors, Fresh Mind Therapy cannot accept responsibility for any losses incurred due to malfunction, the website or any part of it.
3.2 The website, graphics and any programming code remain the property of Fresh Mind Therapy until all outstanding accounts are paid in full.
3.3 Any scripts, cgi applications, php scripts, or software (unless specifically agreed) written by Fresh Mind Therapy remain the copyright of Fresh Mind Therapy and may only be commercially reproduced or resold with the permission of Fresh Mind Therapy.
3.4 Fresh Mind Therapy cannot take responsibility for any copyright infringements caused by materials submitted by the client or used by the client in the future on their website. We reserve the right to refuse any material of a copyrighted nature unless adequate proof is given of permission to use such material.
3.5 Any coding additions to website briefs provided will be carried out at the discretion of Fresh Mind Therapy and may carry an additional cost. Where no charge is made by Fresh Mind Therapy for such additions, Fresh Mind Therapy 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.
3.6 The client agrees to make available as soon as is reasonably possible to Fresh Mind Therapy all materials required to complete the site to the agreed standard and within the set deadline.
3.7 Fresh Mind Therapy will not be liable for costs incurred, compensation or loss of earnings due to the clients failure to meet agreed deadlines.
3.8 Fresh Mind Therapy 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. eg. Any disputes re content/images that have been provided to us for inclusion on the site.
3.9 Fresh Mind Therapy 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.
3.10 Fresh Mind Therapy 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.
3.11 In no event shall Fresh Mind Therapy be liable for any direct, indirect, consequential, special and exemplary damages, or any damages whatsoever, stemming from the use or performance of a client website or from any information, products and services provided through client sites, even if this website has been advised of the possibility of such damages.
3.12 In the absence of any negligence or other breach of duty by us, your use of our client website’s is entirely at your own risk.
3.13 We do not have any liability of any sort (including liability for negligence) for the acts or omissions of providers of telecommunication services or for faults in or failures of their networks and equipment.
3.14 A non-refundable deposit of 50% is required with all of our projects before any design work will be carried out, unless agreed otherwise with Fresh Mind Therapy.
3.15 Once a website has been designed and completed the final balance of payment is then due in accordance with our payment terms.
3.16 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 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. We do offer free updates for a month after completion to allow for any final amendments that may be required.
4. Database, Application and E-Commerce Development
4.1 Fresh Mind Therapy 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.
4.2 Any scripts, applications or software (unless specifically agreed) written by Fresh Mind Therapy remain the copyright of Fresh Mind Therapy and may only be commercially reproduced or resold with the permission of Fresh Mind Therapy.
4.3 Where applications or sites are developed on servers not recommended by Fresh Mind Therapy, 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 that is identical to the final production environment.
4.4 The client is expected to test fully any application or programming relating to a site developed by Fresh Mind Therapy before being made generally available for use.
Where “bugs”, errors or other issues are found after the site is live, Fresh Mind Therapy will endeavour (but is not obliged to) to correct these issues to meet the standards of function outlined in the brief
5.1 Fresh Mind Therapy will endeavour 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 Microsoft Internet Explorer and to an acceptable level with Mozilla browsers, such as Firefox. Fresh Mind Therapy can offer no guarantees of correct function with all browser software as they constantly change.
6. Website Hosting
6.1 Whilst Fresh Mind Therapy recommends hosting companies to host websites, no guarantees can be made as to the availability or interruption of this service by Fresh Mind Therapy 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.
6.2 Fresh Mind Therapy 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 any web hosting service we provide for clients should the necessity arise.
7. Website Optimisation
7.1 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 optimising 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.
7.2 We use ‘white hat techniques’ when optimizing 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 monies to clients in relation to this type of work.
7.3 Fresh Mind Therapy reserves the right to refuse to handle in any way, material which may be deemed offensive, illegal or in any way controversial.
8. Payment of Accounts
8.1 A deposit is required from any new client before any work is carried out. It is the Fresh Mind Therapy policy that any outstanding accounts for work carried out by Fresh Mind Therapy or its affiliates are required to be paid in full, no later than 7 days from the date of the invoice unless by prior arrangement with Fresh Mind Therapy.
8.2 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 and telephone to remind them of such payments if they are not received when due.
8.3 If accounts are not settled or Fresh Mind Therapy have not been contacted regarding the delay, access to the related website 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 county court judgments (ccj’s) being added to the clients credit rating.
9. Formal complaints procedure:
9.1 The formal complaints procedure should only be used where the complainant feels that the nature of the complaint is too serious to be dealt with informally, or where a satisfactory conclusion has not been reached after following the informal procedure. A formal complaint should be made in writing to Fresh Mind Therapy, who will acknowledge receipt and ensure that the matter is looked into as soon as possible.
9.2 An initial response to any complaint can be expected within seven days of its receipt; a full and considered response to the complaint should be completed within 30 days and any subsequent remedy implemented with the minimum of delay.