Terms & Conditions
By placing an order with Nuviu, you confirm that you are in agreement with and bound by the terms and conditions below.
Client : The company or individual requesting the services of Nuviu
Nuviu/ We: Nuviu Limited – Primary site owner, employees and affiliates.
Nuviu Website: www.nuviu.com
Any variations to these conditions shall have no effect unless agreed in writing.
Nuviu will carry out work only where an agreement is provided either by email or mail. Nuviu 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 Nuviu and the Client, which includes telephone and email agreements.
These terms apply to each user and/or visitor to the Nuviu Website and/or customers of Nuviu and are governed by Scottish law. Information on the Nuviu Website is the property of Nuviu. The materials contained on the Nuviu Website are protected by copyright law and may only be commercially reproduced or resold with the permission of Nuviu. The contents of the Nuviu Website are available to any user and/or visitor for personal reference only and may not be reproduced in any manner whatsoever either in whole or in part without the prior written permission of Nuviu or its representatives.
Nuviu reserves the right in its absolute discretion:
(a) to add to or remove any material from the Nuviu Website or to amend, alter, redesign or change anything contained in or on it at any time; and (b) to monitor, suspend, revoke, or otherwise limit access to the Nuviu Website at any time.
The use of the Nuviu Website is at the visitor’s or user’s own risk. Nuviu does not warrant the content, accuracy or veracity of any material or other information on the Nuviu Website nor does it warrant that the Nuviu Website is free from defects, errors, faults, viruses or other computer or data-corrupting or data-damaging material.
The Nuviu Website may contain links to other sites or addresses on the web. External sites are not part of the Nuviu Website and do not belong to Nuviu. Nuviu does not in any way approve or endorse other websites nor is it responsible for their content.
Descriptions of, or references to products, services or publications within the Nuviu Website do not constitute or imply their endorsement or recommendation in any way by Nuviu, its employees or contractors. No reference in the Nuviu Website to any specific product, process, or service by trade name, trademark, manufacturer, or otherwise, shall be used for advertising or product endorsement purposes.
Whilst every endeavour will be made to ensure that the Nuviu Website and any scripts or programs are free of errors, Nuviu cannot accept responsibility for any losses incurred due to malfunction, the Nuviu Website or any part of it.
Client Website Design:
The web server, website, graphics and any programming code remain the property of Nuviu until all outstanding accounts are paid in full. Any scripts, applications or software (unless specifically agreed) written by Nuviu remain the copyright of Nuviu and may only be commercially reproduced or resold with the permission of Nuviu.
Nuviu cannot take responsibility for any intellectual property right 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 authority and permission to use such material.
Any amendments to the website specification will be carried out at the discretion of Nuviu and where no charge is made by Nuviu for such amendments, Nuviu accepts no responsibility to ensure such amendments are error free and reserve the right to charge an according amount for any correction to these or further amendments.
The client agrees to make available as soon as is reasonably possible to Nuviu all materials required to complete the site to the agreed standard and within the set deadline. Nuviu will not be liable for costs incurred, compensation or loss of earnings due to the failure to meet agreed deadlines. Nuviu are not liable for loss, damage or corruption to files or information stored on our servers or individual PC’s relating to a Client’s website. The Client is solely responsible for any information or files relating to their website. Nuviu will use the content provided by Client, including but not limited to text, information and photos to design Client’s website. Nuviu is not responsible for these materials. The use of the Client’s websites is at the visitor’s or user’s own personal risk. Nuviu does not warrant the content, accuracy or veracity of any material or other information on the Client’s website. Whilst every endeavor will be made to ensure that the Client website and any scripts or programs are free of errors, Nuviu cannot accept responsibility for any losses incurred due to malfunction, the Client website or any part of it. Descriptions of, or references to products, services or publications within the Client website do not constitute or imply their endorsement or recommendation in any way by Nuviu, its employees or contractors. Nuviu 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.
The Client is expected to test fully any application or programming relating to a website developed by Nuviu before being made generally available for use. Where “bugs”, errors or other issues are found after the site is live, Nuviu will use reasonable endeavours (but is not obliged to) to correct these issues to meet the standards of function outlined in the brief.
Nuviu 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. Fees relating to web hosting or domain names must be paid prior to the expiration date of the said service. If the fees remain unpaid at the time of expiration, Nuviu will with immediate effect, cancel said service and any data held by said service will be removed. If a cancelled service is to be reinstated at the client’s request, a setup fee will be payable before any such reinstatement and any data lost as a result of the cancellation will not necessarily be restored.
Whilst Nuviu recommends hosting companies to host websites, no guarantees can be made as to the availability or interruption of this service by Nuviu. Nuviu 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. The hosting renewal charge must be received prior to the hosting expiry date. Nuviu reserves the right to deactivate any Client website where the hosting has expired and the Client has not paid the renewal charge. There will be an admin fee set by Nuviu for reactivating the website / hosting. If the Client does not use Nuviu hosting services then the management and hosting of the domain name are the full responsibility of the Client. Renewal of Client website hosting is due on a yearly basis. The date of renewal will be annually from the date the website was ordered by the Client. The Client website hosting will not be renewed if Nuviu cannot contact the Client or the Client requests that Nuviu does not host the website in question.
Nuviu will host the website for one year (unless otherwise specified) on receipt of full payment of the hosting fees as agreed. In doing so Nuviu will endeavour to provide a reliable and professional service to the Client at all times but does not guarantee that the Client website hosting will be available at all times, especially in the event of a technical failure beyond Nuviu’s control. If Clients are misbehaving including abusive emails and telephone calls, or requesting functionality which Nuviu do not offer, Nuviu has the right to refuse to host a site, or terminate hosting without giving notice. All Client website’s are configured to work on Nuviu’s chosen server. Any Clients wishing to use other servers will be responsible for having it configured so that it can be used on server of their choice. Nuviu accepts no responsibility for the configuration and any costs incurred by Client.
Payment of Accounts
A deposit of fifty precent (50%) of the quoted project fee is required from a new Client before Nuviu will commence any work on a Client website. All deposits received are non refundable. In all cases, any applicable website hosting fees and any additional costs incurred by Nuviu on behalf of the Client are payable in advance and are non-refundable. Once the quoted project has been completed the remaining balance becomes due with immediate effect, unless otherwise agreed in the project contract. Unless otherwise agreed by Nuviu, the Client’s website will not be made live on their selected domain until the agreed account balance is paid in full. Additionally Client website’s will not be transferred to third party hosting providers until the agreed balance is paid in full, unless otherwise agreed to by Nuviu. Nuviu reserve the right to remove websites and supporting files if the client breaches any terms relating to the aforementioned individual agreements or their project contract.
It is Nuviu’s policy that any outstanding accounts for work carried out by Nuviu 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 Nuviu. If accounts are not settled or Nuviu have not been contacted regarding the delay, access to the related website may be denied.
Fees relating to renewal of web hosting or domain names must be paid prior to the expiration date of the said service. If the fees remain unpaid at the time of expiration, Nuvu Limited will with immediate effect, cancel said service and any data held by said service will be removed. If a cancelled service is to be reinstated at the Client’s request, a setup fee will be payable before any such reinstatement and any data lost as a result of the cancellation will not necessarily be resolved.
Nuviu reserves the right to revise and amend an initial quote to a Client where required. Nuviu reserves the right to decide whether a refund is applicable if requested by the Client for any reason. A refund is not in any case guaranteed by Nuviu. Nuviu cannot be held responsible for problems or additional costs arising due to any errors made by third parties, or failure to maintain a current copy of the Client website.
Client website content
The Client website cannot be in any way illegal and it is the responsibility of the Client to carry out sufficient research before proceeding with a website. This will include checking that the website / idea / business will operate legally. Nuviu will not be liable or become involved in any disputes between the Client (or website owner if this is not the Client) and their clients and cannot be held responsible for any wrongdoing on the part of a Client/website owner.
Images purchased by Nuviu on behalf of the Client are strictly for use on the Client website only. Nuviu are not liable for misuse of these images by the Client or any other person(s) copying, altering or distributing the images to individuals or other organisations. All images displayed on the Client’s website will only be used after authorisation by the Client and are the sole responsibility of the Client regarding usage and copyright. Should any legal issues or claims arise from the content or copyright of any images supplied by the Client or Nuviu, they will be the sole responsibility of the Client.
Nuviu will provide the Client with an expected project completion date when the Client website will be put live on the internet if requested. Nuviu will endeavour to meet any agreed deadline but do not guarantee and are not bound in any way to complete the project by this date. Nuviu will not be liable for costs incurred, compensation or loss of earnings due to the failure to meet agreed deadlines.
Nuviu cannot be held responsible for anything adversely affecting the Client’s business operation, sales, or profitability that they might claim is a result of a service offered by Nuviu. Nuviu 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. Nuviu 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.
Where Nuviu have agreed to provide search engine optimisation for a Client, we do not guarantee any specific placement or high ranking on search engines. 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.
Where applications or sites are developed on third party servers not recommended by Nuviu, 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. There is an immediate cessation of all current and future warranties by Nuviu where a Client has requested from Nuviu anything that results in passing the control of a website from Nuviu to the Client or a third party. Loss of control by Nuviu can also take place if FTP codes and or source codes have been passed to the Client. This loss of control can occur in other situations such as where the Client has requested placing the website onto a sever of their choice and not Nuviu’s server. Under any of these circumstances which results in loss of control by Nuviu, there shall be no future warranty and all undertakings of past warranties shall be revoked.
Nuviu has no control of, or responsibility for, the content of our Client’s websites as provided by the Client. In no way does the textual or image based content of our Client’s web sites constitute Nuviu endorsement, or approval of the web site or the material contained within the web site. Nuviu has not verified any of the materials, images or information contained within our client’s web sites and is not responsible for the content or performance of these sites or for the client’s transactions with them. Nuviu provides links or references to our Client’s website’s solely for the convenience of prospective clients and intends that the links it provides be current and accurate, but do not guarantee or warrant that such links will point to the intended Client site at all times.
Unless otherwise explicitly agreed and stated, Nuviu’s responsibility is limited to designing the Cient’s website and excludes the use, update, altering, maintenance, troubleshooting etc. of the Client’s website once online unless specifically agreed in writing between the parties. Nuviu reserves the right to request additional payment to cover any or all of such work and/or to refuse to undertake such work unless agreed in writing between the parties.
Nuviu 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 a reasonable level with Mozilla browsers. Nuviu can offer no guarantees of correct function with all browser software.
Anyone who experiences a problem with their web service provided by Nuviu 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. Nuviu 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 Nuviu Limited, 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.
EXCLUSION OF LIABILITY
To the maximum extent permitted by law Nuviu excludes liability for any loss, claim, damages or any special, consequential, exemplary or punitive damages (whether directly or indirectly incurred) of any kind arising out of or in connection with any visitor’s or user’s access to, or use of the Nuviu Website or Client website, or any material thereon, whether based in contract, tort or whether negligent or otherwise, even if Nuviu has been advised of the possibility of such damage.