Terms & Conditions

Please read below important information about working with Airvivid Digital Agency, the company that controls and operates the website, https://airvivid.com.

GENERAL

By making your first payment to Airvivid you are confirming that you have read, and are in agreement with, the terms and conditions outlined below.

DEFINITIONS

Airvivid, We: Airvivid Digital Agency, 56 Gloucester Road, Unit 215, Kensington, London, SW7 4UB, UK
Client, You, Your: The person or entity requesting the services of Airvivid Digital Agency.
Website: This term is used for all electronic media design. Including, but not limited to, micro sites, virtual tours, interactive maps, e-books, e-brochures, Content Management Systems.
Project: Refers to anything that is created by Airvivid. Including, but not limited to, graphic design, website design, app, video and programming.

COMMUNICATION, REQUESTS, APPROVALS AND SIGN-OFF

Airvivid accepts emails as a legally binding form of communication. All project requests, approvals and final sign-off should be made via email even if verbal confirmation was given.

QUOTATION

1. Before a project quotation can be given, Airvivid requires a full project brief to be supplied by the client. A PDF document entitled Design Brief will be supplied to help you with creating your project brief.
2. Quotes are valid for 30 days from the date of issue.
3. If the quote is not accepted via an email confirmation within the 30 days, and project deposit not paid (see Payment Terms), then a new quote must be obtained. Fees may change due to material costs or Airvivid fee alterations.
4. Should the client make any variations or additions to the design brief after receiving the quotation, or during project development, then a new quote must be obtained.
5. All prices quoted are estimates only. Quotations are based upon projected working hours and costs of materials at the time of quotation and are subject to amendment to meet any rise or fall in such rates/costs.

PAYMENT TERMS

1. The full project cost is split into three payments of 40%, 30%, 30%, unless differently specified in the Quote.
2. 40% deposit is required, plus all content and materials (see Supply of Content), before any work commences on the clients project.
3. 30% milestone payment is required at concept acceptance. Work will continue on the project after payment has been received. For projects where concept work is not necessary Airvivid will determine the milestone date.
4. 30% final payment is due before receipt of finished artwork or website going live. Proofs or full working demonstrations will be shown for client’s final approval at this stage. Client must officially sign-off on finished artwork via email.
5. No finished artwork will be supplied, nor will a website go live, until final payment is made.
6. The client agrees to make payments within 7 days of the invoice.
7. Airvivid would like to note that it prioritises early paying clients. Also, Airvivid reserves the right to cease production of a project for clients who have not paid. Said project may also be placed at the bottom of the list of priorities.
8. An urgency fee (double the current hourly rate) will be charged to any client requesting work within a time frame that Airvivid regards as short notice.
9. Airvivid also reserves the right to suspend services or remove a website from being live should payments be overdue. In such an event, the client is still liable for the costs to date.
10. Should the client wish to cancel a project or service at any stage then the client is liable for the cost of any work completed to date. Cancellations should be made via email even if verbal confirmation was given.
11. Following consistent non payment of an invoice Airvivid will seek legal action.

SUPPLY OF CONTENT

1. If your company has a Style Guide, regardless of how simple or complex it may be, then it is imperative that we receive this information at the beginning of the project in order to help us maintain the continuity of YOUR brand. If this information (or similar) is supplied after work has begun then penalty fees may apply for any work needing to be re-created or edited.
2. All written content MUST be supplied in electronic format (Word document, email, or similar). You will be solely responsible for the content of your project. Airvivid is not responsible for proofreading any content.
3. All supporting visual material such as logos and images should be emailed to Airvivid if possible. If file sizes are too large then you can upload them to relevant service (Google Drive, Dropbox, etc) and provide us with the link.

CONTENT LIABILITY

1. The client is solely responsible for the integrity of the written and/or visual content of any project that Airvivid is requested to create. The client will obtain all the necessary permissions and authorities in respect of the use of all copy, graphics, registered company logos, names and trademarks or any other material supplied by the client. Supply of aforementioned material by the client shall be regarded as a guarantee by the client to Airvivid that all such permissions and authorities have been obtained.
2. Clients are required to ensure that all content meets their local legislation regarding publications.
3. The client shall indemnify Airvivid in respect of any claims, costs and expenses that may arise from any material included in their project by Airvivid at the client’s request.
4. Any project content you supply to Airvivid to be used in any form, you hereby warrant that these do not infringe the rights of third parties and indemnify Airvivid against any action taken against Airvivid by any such third party.
5. Airvivid reserves the right not to include any material supplied by the client if Airvivid deems it inappropriate or offensive.

PROJECT TIMELINES/DEADLINES

1. Airvivid endeavours to respect all project timelines discussed with the client. However, all timelines provided by Airvivid are estimated on a pre-determined length of time that Airvivid considers realistic for the completion of said project without any unforeseen problems. The timeline is an estimation and not a 100% guarantee that the project will be complete by that date.
2. All project content is required before the project start date. If the client does not provide ALL content before this date then all timelines discussed are void.
3. If a client requests changes or additions outside of the original brief during project development then all timelines discussed are void.
4. Clients should be aware that providing content one day late does not simply add one day to the timeline. Airvivid will begin the next project in line where ALL content has been provided and the original project will be placed further down the queue.
5. Airvivid will not be liable for costs incurred, compensation or loss of earnings due to the failure to meet agreed deadlines.

TYPICAL PROJECT PROCESS

INITIAL PHASE

Project brief summary
Quote sent / Quote accepted
Full project brief completed.
50% deposit to schedule the project
Technical discussion regarding hosting, emails, data etc
All content provided

DESIGN PHASE

Concept development begins
Concept presentation with 3 rounds of revisions
Concept signoff
30% milestone is due

BUILD PHASE

Website development & build
Development link submitted to client for review
Website feedback & changes
Final review and signoff
Remaining 30% is due

LIVE PHASE

Website goes live
Live testing and checking

WEBSITE SPECIFIC INFORMATION

Domain name registration

1. All domain names that Airvivid register and manage on behalf of the client will always remain the clients property. Airvivid recommends that the Clients purchase the domain name themselves.
2. Airvivid will charge an hourly rate for any management of a domain name outside the purposes of a web design project.

Hosting

1.All hosting accounts that Airvivid register and manage on behalf of the client will always remain the clients property. Airvivid recommends that the Clients purchase the hosting account themselves.
2.Airvivid does not offer technical support for 3rd party servers.
3.Airvivid will charge an hourly rate for any work involving the 3rd party server.

Website/server errors and liabilities

1. Airvivid will endeavour to ensure that your website and any scripts or programs are free of errors but cannot accept responsibility for any losses incurred due to malfunction.
Website/Server Hacking
1. Airvivid cannot be held responsible for any hacking, malicious code or illegal activities of a third party that affect the Client’s website.

SEARCH ENGINE OPTIMISATION (SEO)

1. Airvivid offers no ranking guarantee for your website on Search Engines.
2. Your website will be generated with the basic level of SEO using meta-tags for descriptions and keywords.
3. Comprehensive SEO campaigns are available.

GRAPHIC DESIGN/PRINT SPECIFIC INFORMATION

1. It is the client’s responsibility to make sure all information is correct before going to print. A proof will be provided for final approval. If errors are found after printing, the client is still liable for payment.
2. The client is welcome to source their own printing service and is responsible for forwarding all printing specifications to Airvivid BEFORE the design of the project commences.
3. Print colour may vary from print run to print run and/or from job to job or from front to back. It will almost definitely vary slightly between different print stock depending on the absorbency of the paper, the differences between matte and gloss and other factors.
4. Colours will definitely vary from screen to print.
5. Airvivid take no responsibility for errors or colour matching based on materials from 3rd party design agencies.

PERMISSIONS, COPYRIGHT AND INTELLECTUAL PROPERTY

1. All project creation files, including programming code, created by Airvivid remains the intellectual/creative property of Airvivid.
2. Airvivid also retains copyright of all original project design/graphics/photography/video and programming code (unless specifically agreed) and may only be commercially reproduced or resold with the permission of Airvivid. The client is permitted to use this material only as expressly authorised by Airvivid.
3. Airvivid cannot take responsibility for any copyright infringements caused by materials submitted by the client.
4. Airvivid reserve the right to re-use technical components developed during a project and will retain intellectual property rights on each development.
5. Airvivid shall be free to reproduce, use, disclose, display, exhibit, transmit, perform, create derivative works, and distribute any item from your project unless specifically agreed otherwise.
6. Airvivid observes Privacy Laws and Guidelines relating to personal data.

ERRORS, TECHNICAL SUPPORT AND MAINTENANCE

1. Airvivid does not offer regular technical support for the servers of the websites (including hacking or malicious code related issues). Clients are required to contact the 3rd party company (hosting company) themselves for any technical issues. Airvivid will charge an emergency rate for support on 3rd party servers.
2. Airvivid does not offer technical support for the general use of your computer and any installed software there on.
3. From time to time, one of the many software/technical applications that a website uses to function may be upgraded by the 3rd party company, creating errors. Airvivid will charge an hourly rate to clients who don’t have a Maintenance package with Airvivid to rectify these errors.
4. Airvivid takes no responsibility for loss of business due to server down time, errors or hacking.
5. Airvivid is not responsible for your internet service, home or office IT, home or office networking, computers, 3rd party software/technology, faxes, printers, routers, home or office mail-servers, phones, PDA’s, mp3 players, radio and TV transmissions, or any other technical/electronic devises. Clients are encouraged to contact the technical support department for the product purchased or the support department of the company used to install said devises at your location.

TECHNICAL SUPPORT IS AVAILABLE

Monday to Friday 10am – 5pm UTC, BST
web@airvivid.com
+44 7943 928 645

LIABILITIES

1. Airvivid will not be liable or become involved in any disputes between the project owner and their clients or any other 3rd parties and cannot be held responsible for any wrongdoing on the part of a project client.
DISPUTE RESOLUTION
The parties agree that if any dispute should arise under this agreement, attempts in good faith by both parties will be made to resolve the matter fairly before resorting to court procedures. In doing so, each party agrees to use its best endeavours to:
1. Clearly communicate in writing the background facts leading to or causing the dispute.
2. Set out clearly what action is required to settle the dispute.
3. Select a way of resolving the dispute and explain why that way of resolving the dispute can be said to be a fair resolution.
4. Discuss specific means of avoiding such disputes in the future.

YOUR (THE CLIENTS) OBLIGATIONS

You:
1. Agree not to use the Website (or any part of) for any illegal purpose and agree to use it in accordance with all relevant laws;
2. Agree not to upload or transmit through the Website any computer viruses, macro viruses, trojan horses, worms or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a computer;
3. Will not upload or transmit through the Website any material which is defamatory, offensive, or of an obscene or menacing character, or that may cause annoyance, inconvenience or needless anxiety;
4. Will not use the Website in a way that may cause the Website to be interrupted, damaged, rendered less efficient or such that the effectiveness or functionality of the Website is in any way impaired;
5. Will not use the Website in any manner which violates or infringes the rights of any person, firm or company (including, but not limited to, rights of intellectual property, rights of confidentiality or rights of privacy);
6. Agree that in the event that you have any right, claim or action against any Users arising out of that User’s use of the Website, then you will pursue such right, claim or action independently of and without recourse to Airvivid.
CHANGES TO THE TERMS AND CONDITIONS
Airvivid reserves the right to update these terms and conditions at any time without notice.

INDEMNIFICATION

You agree to defend, indemnify and hold harmless Airvivid and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of a) your use and access of the Website, or b) a breach of these Terms.
Limitation Of Liability
In no event shall Airvivid, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the website; (ii) any conduct or content of any third party on the website; (iii) any content obtained from the website; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

DISCLAIMER

Your use of the Service is at your sole risk. The website is provided on an “AS IS” and “AS AVAILABLE” basis. The website is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
Airvivid, its subsidiaries, affiliates, and its licensors do not warrant that a) the website will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the website is free of viruses or other harmful components; or d) the results of using the website will meet your requirements.

GOVERNING LAW

These terms shall be governed by and construed in accordance with English law and the English courts shall have exclusive jurisdiction over any dispute which may arise.