Term & Conditions

LAST UPDATED 11/28/2023

Term & Conditions

Definitions

The Client : The company or individual requesting the services of Vital Interactive, Inc.

Vital Interactive: Primary designer/site owner & employees or affiliates.

General

Vital Interactive will carry out work only where an agreement is provided either by email, telephone, mail or fax. Vital Interactive 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 Vital Interactive 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, Vital Interactive 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 Vital Interactive until all outstanding accounts are paid in full.

Any original code developed by Vital Interactive will remain the copyright of Vital Interactive and may only be commercially reproduced or resold with the permission of Vital Interactive, unless copyright for a specific project is explicitly transferred via contract.

Vital Interactive is not responsible for 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 Vital Interactive and where no charge is made by Vital Interactive for such additions, Vital Interactive 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.

The client agrees to make available as soon as is reasonably possible to Vital Interactive all materials required to complete the site to the agreed standard and within the set deadline.

Vital Interactive will not be liable for costs incurred, compensation or loss of earnings due to the failure to meet agreed deadlines.

Vital Interactive 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.

Vital Interactive 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.

Vital Interactive 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.

A deposit of 50% is required with any standard project. Work will not commence until the deposit is received.

Final payment is due prior to delivery of the final project.

Database, Application and E-Commerce Development

Vital Interactive is not responsible 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.

Where applications or sites are developed on servers not recommended by Vital Interactive, 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 Vital Interactive before being made generally available for use. Where "bugs", errors or other issues are found after the site is live, Vital Interactive will endeavor (but is not obliged to) to correct these issues to meet the standards of function outlined in the brief

Compatibility

Vital Interactive 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 Microsoft Internet Explorer Version 7 and to an acceptable level with Mozilla browsers. Vital Interactive can offer no guarantees of correct function with all browser software.

Website Hosting

Whilst Vital Interactive recommends hosting companies to host websites, no guarantees can be made as to the availability or interruption of this service by Vital Interactive 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.

Vital Interactive 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 free hosting service should the necessity arise.

Website Optimization

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 liablility 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 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 moniesto clients in relation to this type of work.

Vital Interactive reserve the right to refuse to handle in any way, material which may be deemed offensive, illegal or in any way controversial.

Payment of Accounts

A deposit is required from any new client before any work is carried out. It is the Vital Interactive policy that any outstanding accounts for work carried out by Vital Interactive or its affiliates are required to be paid in full, no later than 30 days from the date of the invoice unless by prior arrangement with Vital Interactive.

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.

If accounts are not settled or Vital Interactive 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 judgements (ccj's) being added to the clients credit rating.

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.

Complaints Procedure

Anyone who experiences a problem with their web service provided by Vital Interactive should raise the matter directly using our online contact form to do so, giving sufficient information to locate the material (such as an url) and clearly outlining the grounds for complaint.

Vital Interactive will approach the individual responsible for the material in question with a view to resolving the matter to the satisfaction of the complainant.