Terms and Conditions

Atum Studios Terms of Service

Terms of Service:

This World Wide Website is owned and operated by Atum Studios, a firm owned by Mark Edlington and Michael Pearce, 57 Sandford Grove Rd, Netheredge, Sheffield, S7 1RQ

These terms and conditions govern your use of Atum Studios Website & Products. Please read through the Terms. If you do not agree with the Terms, then you do not agree with Atum Studios terms of business. If you reach agreement by Atum Studios, your acceptance indicates that you agree to be bound by the Terms. No exclusions of the terms will be permitted.

Your access to and use of Atum Studios website is subject to the following terms and conditions ("Terms and Conditions") and all applicable laws. By accessing and browsing, purchasing products of Atum Studios, you accept, without limitation or qualification, these Terms and Conditions, and acknowledge that any other agreements between you and Atum Studios are superseded and of no force or effect.

By agreeing our terms and conditions you promise to abide by them henceforth. Continued use is an implied acceptance of agreement of the 'Terms and Conditions' and is a promise to abide by the terms and conditions for any future use or dealings with Atum Studios. The terms and conditions will only cease to be applicable when any such agreement is terminated by Atum Studios or where authorised by law.

Atum Studios will only work upon written confirmation where the customer has agreed with the terms and conditions. Any breach of the 'Terms' will be at the discretion Atum Studios and shall be determinable by Atum Studios whether any such breach shall amount to breach of contract and shall repudiate any contract in force.

Atum Studios will only enter in to contracts with those that are of 18 years or over, those wishing to enter into a contract below that age must do so with a guarantor over the age of 18 years of age that is agreed to be suitable by Atum Studios. This decision is purely at the discretion of Atum Studios.

Payment :

Atum Studios shall undertake no work other than initial concept designs on jobs valued over £500.00 until a minimum of 20% of the invoiced sum is received by Atum Studios and cleared confirmation is confirmed by a designated bank as determined by Atum Studios. It is the discretion of Atum Studios whether they shall undertake such work without a 20% deposit. The remaining 80% of the total remaining sum shall be payable within 30 days of invoice. Atum Studios prices do not cover the release of source .psd, .gif, .bmp, .png and .fla files. The customer must obtain a separate quote for such items.

Atum Studios will request initial payment immediately after the final design is agreed upon. An invoice on completion of service will request the final payment.

Payment shall not be received any later than 30 days upon completion. The invoice will be via email unless the customer/client specifically states they require a hard copy.

Payment accepted by cheque. Cheques made payable to Atum Studios and addressed and posted to: 57 Sandford, Netheredge, Sheffield, S7 1RQ

Payment Failure:

A further charge of £30 per month or 2% per month (whichever is higher) of the outstanding payment will be charged until payment is received along with the product and all materials being removed from the servers. Atum Studios will not be held responsible for any resulting losses related to removing the product from the servers. Returned payments will result in the customer accruing an instant £30 fee added to the clients account balance. Customers agree that any payment failures will result in them taking on board expenses such as legal expenses including third parties sent to collect.

Termination:

Termination requests will be accepted if received in writing with the customer's signature. No other requests other than in writing with the customer's signature will be accepted. The customer will be invoiced for services up until the date the termination request was first received.

Product Agreement:

Atum Studios tries its utmost to provide products without any errors. We cannot accept any responsibility for any losses due to product malfunction, the website or any part of it. Atum Studios does not accept liability for any damage caused by negligent use of Atum Studios products.

Atum Studios will make sure the product works satisfactorily on Internet explorer versions 5 and 6 as well as Mozilla Firefox. No guarantees can be offered on other browser software unless specifically requested.

Atum Studios will create a minimum of three different concept designs for each job. Once the concept has been agreed upon the customer will be allowed up to three revisions of the concept design unless otherwise stated. Once the customer is in acceptance of the concept, written verification will be required to confirm that the design is the design, which is to be purchased. Once this agreement is made non payment will stand as a repudiatory breach of contract. The customer will also be allowed to review the finished product and suggest minor alterations (textual changes, small image alterations, small colour alterations or alterations that will not take any more than 10% of the scheduled hours planned to produce the product). The product will be deemed accepted unless the customer contacts Atum Studios within 14 days from the date the product is made available to them.

Atum Studios will endeavour to complete a product/service by the date stated or within 4 weeks if there is no date stated. However Atum Studios cannot be liable for any delays that occur that could not be reasonably foreseeable at the time the work was originally undertaken.

Atum Studios will not be held liable for any costs, loss of earnings, compensation if a deadline is not met unless prescribed by law.

Atum Studios will not be held responsible for any alterations made post hand over of the project to the customer/client.

Content and images needed to begin work will be agreed at least 7 days prior to the work commencement date or by an agreed date if expressively agreed by both parties via email or in writing. If discussions begin less than 7 days prior to the work commencement date then the content and images will be required 7 days from that point or by an agreed date if expressively agreed by both parties via email or in writing.

Atum Studios requires all agreed content and images from the customer prior to the work commencement date or by the date agreed.

If the content and images are not received within 8 weeks from the work commencement date then the customer is considered to be in violation of the agreement, the work will be terminated and the customer will be invoiced with the outstanding payment required immediately.

Copyright:

All other marks that appear throughout the Products and Services belong to Atum Studios or the respective owners of such marks, and international copyright and trademark laws. Any use of any of the marks appearing throughout the Products and Services without the express written consent of Atum Studios or the owner of the mark, as appropriate, is strictly prohibited.

Atum Studios owns the copyright of any scripts, .cgi applications or software written by Atum Studios. Only with written permission can these be commercially reproduced or resold.

Atum Studios reserves the copyright rights of all website designs created.

Atum Studios owns the copyright rights of all images, logos and graphics designed by Atum Studios. Reproduction of these is strictly forbidden without written consent from Atum Studios.

Atum Studios reserves the rights to use any images, logos, or graphics created by Atum studios for promotional purposes.

Intellectual Property Infringement Claims:

It is the policy of Atum Studios to respond expeditiously to claims of intellectual property infringement. Atum Studios will promptly process and investigate notices of alleged infringement and will take appropriate actions under the applicable intellectual property laws. Upon receipt of notices of infringement Atum Studios will act expeditiously to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity and will act expeditiously to remove or disable access to any reference or link to material or activity that is claimed to be infringing.

Design Credit:

A discrete link to Atum Studios will appear at the bottom of each page of the website.

This agreement is subject to the jurisdiction of the English Legal System.