Terms and Conditions

By placing an order with Acurax, you confirm that you are in agreement with and bound by the terms and conditions below

More information on terms and conditions…

Definitions:

The Client : The company or individual requesting the services of Acurax.

Acurax: Primary designer/site owner & employees or affiliates.

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

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

Acurax 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. We never work on any projects which has adult, offensive, illegal or controversial content.

Any additions to briefs provided will be carried out at the discretion of Acurax and where no charge is made by Acurax for such additions, Acurax 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 Acurax all materials required to complete the site to the agreed standard and within the set deadline.

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

Acurax 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.

Acurax 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.

Acurax 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 35% is required with any standard project and 50% for database driven 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 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.

Database, Application and E-Commerce Development
Acurax 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 Acurax remain the copyright of Acurax and may only be commercially reproduced or resold with the permission of Acurax.

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

Compatibility
Acurax 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 6 and to an acceptable level with Mozilla browsers. Acurax can offer no guarantees of correct function with all browser software.

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

Acurax 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.

Acurax 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 Acurax policy that any outstanding accounts for work carried out by Acurax 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 Acurax.We will add a 4% as transaction fee with every transaction.

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 Acurax 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.

We as a merchant shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the decline of authorization for any Transaction, on Account of the Cardholder having exceeded the preset limit mutually agreed by us with our acquiring bank from time to time.

Your Privacy
We do not share or sell any of your details with third party companies, without your express permission and we will only email you or contact you about work related matters.

Complaints Procedure
Informal procedure

Anyone who experiences a problem with their web service provided by Acurax 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.

Acurax 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 Acurax, 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.

Privacy Policy

On Acurax Clients Billing and Shipping Address including email id is used exclusively for online business transaction. This information will not be shared with anyone else. All information submitted by a client is used purely for the purpose of completing a transaction or addressing a customer service concern. Acurax will not be collecting the customer’s Credit Card information and customer’s email address will not be given to any third parties. Acurax does not send any spam mails to their customers as a result of providing their email address.

Security & Data Protection

Online Payments are accepted through the mosted trusted Payment gateways that provides state-of-the-art technology to secure your transactions from fraud. The Gateways collects only the personal data necessary to complete your voluntary transaction. Your transaction is authorized (or declined) immediately, and you receive confirmation by e-mail.

Refund Policy

Acurax intends to refund, subject to agreement between Acurax and its Client, within 7 working days and disbursement of the refunded amount depends upon Refund and Privacy Policy. Before raising an issue, clients needs to seek client support, We invoice our clients only after clients satisfaction on the service.Acurax have the right to decide weather to issue refund for products which are used by clients at-least once after purchase.If any feature on our product does not work and we are unable to fix it you can have your full money back.

A refund is the actual reimbursement of the cost of a Product to a Customer regardless of the basis for the reimbursement (“Refund”). We accomplishes the Refund by reversing the amount previously charged to the Customer’s Card or account at the Card issuing bank and the appropriate amount is credited to the appropriate Card or account at the Card issuing bank of Customer. We may issue a Refund without the prior knowledge or consent of Supplier in any case our gateway deems it appropriate. We will promptly notify Supplier of any Refund and provide Supplier with information regarding the basis for payment gwteway’s determination to issue the Refund.