Terms and Conditions

About Binary Octal Legal Terms and Conditions

Definitions: 
The Client : The company or individual requesting the services of Binary Octal.
Binary Octal: Primary designer/photographer/site owner & employees.

Picture includes a photograph, images, transparency, negative, digital scan, design, artwork, painting, montage drawing, engraving or any other item which may be offered for the purposes of reproduction; reproduction includes any form of publication or copying of the whole or part of any picture and whether or not altered by printing, photography, slide projection (whether or not to an audience) xerography, artist’s reference, artist’s illustration, layout or presentation, electronic or mechanical reproduction or storage by any other means; Binary Octal is the Author of the photograph or the Photographer. The Client is the person or organisation to whom the invoice is addressed (whether or not the Client is acting for a third party); Binary Octal administers the licensing of the works of the Photographer These terms and conditions represent the entirety of the agreement between Binary Octal and the Client. Any variation is only applicable when agreed in advance and in writing;

General
Binary Octal will carry out work only where an agreement is provided either by email, telephone, mail or fax. Binary Octal 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 Binary Octal and the client, this includes telephone and email agreements.

Photography
The entire copyright in the pictures is retained by the Binary Octal at all times throughout the world and is administered by Binary Octal; Title to all photographs remains the property of the Binary Octal; Images will be licensed for use for a specified period. When the License to Use has expired, the images should be returned to the Binary Octal and a written undertaking given that all digital files have been destroyed. The Client is expected to comply with this requirement within 30 days of expiration of the License to Use. Binary Octal reserves the right to make an additional charge for continued use after this period; Binary Octal, supplies the technical and artistic ability to illustrate an idea photographically, and sells the right to reproduce those pictures in a given context. No property or copyright in any pictures shall pass to the Client whether on its submission or on Binary Octal grant of reproduction rights in respect thereof; Binary Octal right to be identified as the author of the work and the right to a credit is asserted in accordance on the intellectual property act Sri Lanka; Unless otherwise agreed in writing if any picture reproduced by the Client omits the copyright notice or credit line specified by Binary Octal any fee payable by the Client shall be subject to an increase specified by Binary Octal, and in any event an increase of not less than 25%.

Website Design
whilst every endeavor will be made to ensure that the website and any scripts or programs are free of errors, Binary Octal 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 Binary Octal until all outstanding accounts are paid in full. Any applications, PHP scripts, or software (unless specifically agreed) written by Binary Octal remain the copyright of Binary Octal and may only be commercially reproduced or resold with the permission of Binary Octal. Binary Octal 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. Any additions to briefs provided will be carried out at the discretion of Binary Octal and where no charge is made by Binary Octal for such additions, Binary Octal 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 Binary Octal all materials required to complete the site to the agreed standard and within the set deadline. Binary Octal will not be liable for costs incurred, compensation or loss of earnings due to the failure to meet agreed deadlines. Binary Octal 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. Binary Octal 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. Binary Octal 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 non-refundable deposit of 50% is required with all of our 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.

Payment of Accounts
A deposit is required from any new client before any work is carried out. It is the Binary Octal policy that any outstanding accounts for work carried out by Binary Octal or its affiliates are required to be paid in full, no later than 5 days from the date of the invoice unless by prior arrangement with Binary Octal. 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 Binary Octal 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 judgement (ccj’s) being added to the client’s 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.

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 Binary Octal should raise the matter directly using our online contact form or social media to do so, giving sufficient information to locate the material (such as an url) and clearly outlining the grounds for complaint. Binary Octal 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 Binary Octal, 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.