Mystery Box

Terms

By placing an order with Mystery Box Studios via telephone, email, verbal, or any other means of communication, you confirm that you are in agreement with and bound by the terms and conditions below.

DEFINITIONS:

THE CLIENT: The company or individual requesting the services of Mystery Box Studios. Mystery Box Studios: Primary designer/site owner & employees or affiliates.

GENERAL

Mystery Box Studios will carry out work only where an agreement is provided either by email, telephone, mail or fax. Mystery Box Studios 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 Mystery Box Studios and the client, this includes telephone and email agreements.

DESIGN FOR PRINT

Mystery Box Studios provides file formats in pdf, doc, tiff and jpeg formats. If the original file is requested by the client from Mystery Box Studios, this may carry a charge to provide original working files, graphics and required fonts for editing.

Mystery Box Studios has the right to display all design works carried out on Mystery Box Studios unless otherwise requested by the client.

WEBSITE DESIGN

Whilst every endeavor will be made to ensure that the website and any scripts or programs are free of errors, Mystery Box Studios 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 Mystery Box Studios until all outstanding accounts are paid in full.

Any scripts, cgi applications, php scripts, or software (unless specifically agreed) written by Mystery Box Studios remain the copyright of Mystery Box Studios and may only be commercially reproduced or resold with the permission of Mystery Box Studios.

Mystery Box Studios 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 Mystery Box Studios and where no charge is made by Mystery Box Studios for such additions, Mystery Box Studios 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 Mystery Box Studios all materials required to complete the site to the agreed standard and within the set deadline.

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

Mystery Box Studios 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.

Mystery Box Studios 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.

Mystery Box Studios 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 non-refundable deposit of 50% is required with all of our projects before any design work will be carried out.

Mystery Box Studios has the right to display all design works carried out on www.wearemysterybox.com unless otherwise requested by the client.

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 paid a deposit they are still obliged to pay for the work that has been done. Mystery Box Studios will accept no delay in payment caused by any third party action such as your hosting company being able to implement your build correctly or domain company delaying the transfer of your domain or any technical issues therein. 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 ECOMMERCE

Mystery Box Studios 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 Mystery Box Studios remain the copyright of Mystery Box Studios and may only be commercially reproduced or resold with the permission of Mystery Box Studios.

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

COMPATIBILITY

Mystery Box Studios 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 latest version of web browsing software Microsoft Internet Explorer, Firefox, and Safari, for both mac and PC to an acceptable level. Mystery Box Studios can offer no guarantees of correct function with all browser software. Mystery Box Studios also accepts no responsibility for issues on different devices such as iphone ipad etc.

WEBSITE HOSTING

No guarantees can be made as to the availability or interruption of the web hosting service and Mystery Box Studios 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. Mystery Box Studios 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.

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 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.

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 optimisation 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.

Mystery Box Studios 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 Mystery Box Studios policy that any outstanding accounts for work carried out by Mystery Box Studios or its affiliates are required to be paid in full, no later than 10 days from the date of the invoice unless by prior arrangement with Mystery Box Studios.

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 Mystery Box Studios 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

Informal procedure

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

Mystery Box Studios will approach the individual responsible for the material in question with a view to resolving the matter to the satisfaction of the complainant.

Formal complaints procedure

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 Mystery Box Studios, who will acknowledge receipt and ensure that the matter is looked into as soon as possible.

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.