Terms of Business
Effective from December 2002
Terms and Conditions
Swivel Creations Ltd (“Swivel”) provides a Web Design, Games, UI/UX and Graphic Design services (www.swivuk.co.uk) to you the client ("Client"), subject to the following Terms and Conditions. Swivel reserves the right to modify these Terms and Conditions without prior notice.
By paying the deposit for any Swivel services you are agreeing to these Terms and Conditions.
All designs by Swivel are original, unless supplied by the Client and any photos used in the designs are either Royalty Free from SXC.HU, Morguefile, Pixabay.com, pexels.com or purchased through iStockPhoto.com by the Client at their cost. The Client must provide proof that they have full ownership of any photos supplied before these are added to any of our designs.
A non-refundable deposit is required after a brief specification has been agreed for that project for the Client. Depending on the size of the project, stage payments during the development will be required and agreed upon with the Client before the project commences.
The final payment for a website is when Swivel has completed their work ready for the Client to add content to the website, and/or once the site is live. If the site is a content management site and the Client requires time to add content, then at that point we will invoice for the final amount.
Once the website is live on the Clients domain name, or is on our development server with content being added, if the work of Swivel is completed at that point we will invoice for immediate payment for the remaining amount. Once that payment has been made by the Client, they accept that the website is signed off and that phase for the website is completed. Any further amendments to the website from that point will be chargeable.
Swivel will not guarantee top ranking for SEO but will work closely with the Client to ensure that they achieve good results in relation to their SEO budget. Swivel will try to improve your search engine results in response to a search request from the Client, however this is not a guarantee of increase in position.
Swivel reserves the right to cancel or terminate any Client accounts at any time, including hosting accounts for service abuse or for any services Swivel provide.
Swivel takes no responsibility for any information or content loaded on to our servers for hosting services provided to Clients, either live or development servers.
Limitation of Liability
Swivel are not responsible for any interruption of service, and accepts no liability for any loss of services, sales or any other form of loss. You the Client expressly agrees that Swivel shall not be liable for any direct, indirect, incidental, special case or consequential or exemplary damages, including but not limited to loss of profits, goodwill, data or other intangible losses. Swivel makes no warranties of any kind, expressed or implied for services we provide.
Swivel provides services on an "AS IS" and "AS AVAILABLE" basis without any representation or endorsement made and without warranty of any kind whether express or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.
To the extent permitted by law, Swivel will not be liable for any indirect or consequential loss or damage whatever (including without limitation loss of business, opportunity, data, profits) arising out of or in connection with the use of our services.
Swivel makes no warranty that the functionality of your website will be uninterrupted or error free, that defects will be corrected or that the website or the server that makes it available are free of viruses or anything else which may be harmful or destructive.
Swivel shall not be liable for any failure in the performance of any of its obligations under the agreement caused by factors outside its control. Swivel will not be liable in any circumstances for the consequences of any delay in delivery or performance or failure to deliver or perform.
IN NO EVENT SHALL SWIVEL OR ANY OF ITS SUBSIDIARIES BE LIABLE TO ANY ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION OR PROGRAMS OR OTHER DATA) THAT ARE RELATED TO THE USE OF, OR THE INABILITY TO USE, THE CONTENT, MATERIALS, AND FUNCTIONS OF THE SITE OR ANY LINKED WEBSITE, EVEN IF SWIVEL IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.