Terms & Conditions

General – Terms & Conditions

If you continue to browse and use this website, you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy govern Lithium Arts’ relationship with you in relation to this website. If you disagree with any part of these terms and conditions, please do not use our website.

The term ‘Lithium Arts’ or ‘us’ or ‘we’ refers to the owner of the website whose registered office is 17 Market Place, Devizes, Wiltshire, SN10 1BA. Our company registration number is 5494369 (England and Wales).

The term ‘client’ or ‘you’ refers to the company or individual requesting the services of Lithium Arts, or to the viewer of our website.

The use of this website is subject to the following terms of use:

  • The content of the pages of this website is for your general information and use only. It is subject to change without notice.
  • Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
  • Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
  • This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
  • All trade marks reproduced in this website which are not the property of, or licensed to, the operator are acknowledged on the website.
  • Unauthorised use of this website may give rise to a claim for damages and/or be a criminal offence.
  • From time to time this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).
  • Your use of this website and any dispute arising out of such use of the website is subject to the laws of England, Northern Ireland, Scotland and Wales.

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

Hosting – Terms & Conditions

Hosting charges are annual, are required to be paid for in advance, and payments are non-refundable.

Lithium Arts provide a fully managed hosting service. The client needs no control panel access, instead they simply email their requirements to us. Any work carried out is charged at an hourly rate.

Lithium Arts provide a range of hosting packages, and will always recommend the most appropriate package for the size, complexity, and popularity of the client’s site.

Lithium Arts may recommend an upgrade to a client’s hosting account; this is simply down to the load it is putting on the server or the number of hits it is receiving. It is certainly not a method of obtaining more revenue from a client; in fact Lithium Arts make less profit from larger hosting accounts than smaller ones. If a client refuses to accept a hosting account upgrade Lithium Arts retain the right to take down web sites which are breeching it’s fair usage policy.

Lithium Arts operates a shared hosting environment where resources are shared between clients. This is managed via different contention ratios between hosting packages. This allows for occasional peaks in traffic to be smoothed out without the immediate need for hosting upgrades. However, persistent over subscribing of resources will trigger a fair usage warning and recommendation for hosting package upgrade.

Hosting account renewal is automatic; the client will be invoiced every 12 months until they request a cancellation.

A client may cancel their hosting account at any time, however payments are non-refundable. The client is required to give at least 30 days notice before the renewal date to avoid the automatic hosting renewal costs.

Hosting accounts are provided for web site hosting, and small scale email processing. They are not provided for large-scale data storage or backup, nor should they be used for mass mailing. Lithium Arts reserve the right to suspend accounts that are being misused.

Lithium Arts take no responsibility of the content that clients hold on their hosting accounts. The storing or sharing of content that we deem illegal or offensive must be immediately removed from the account. Failure to do so will result in the client’s account being suspended.

Development – Terms & Conditions

The website, graphics and any programming code remains the property of Lithium Arts until all outstanding accounts are paid in full.

Any software written by Lithium Arts remains the copyright of Lithium Arts and may only be commercially reproduced or resold with the permission of Lithium Arts.

Lithium Arts 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.

Lithium Arts will not be liable for costs incurred, compensation or loss of earnings due to delays in completing a project.

Lithium Arts 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 regarding content/images that have been provided to us for inclusion on the site.

Lithium Arts 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.

Lithium Arts will not be liable for any costs incurred, compensation or loss of earnings due to the unavailability of the site.

Whilst every care is taken by Lithium Arts to ensure products are problem free and accurate, the ultimate responsibility lies with the client in ensuring that all software is functioning correctly.

Lithium Arts will endeavour to ensure that any developed site will function correctly on the server it is initially installed on and that it will function correctly when viewed on the most recent two versions of Mozilla’s Firefox and Microsoft’s Internet Explorer browsers. We can offer no guarantees of correct function with all browser software.

Due to external factors, such as changes to the way search engines rank websites, Lithium Arts cannot offer any guarantees regarding the position we will achieve for websites. The process of optimising websites itself will bring in more traffic and hits and you’ll see visits increase to your site naturally. We cannot accept liability for any change in rankings, or drop off in the position of your website due to changes in the algorithms of the search engines or the factors that they use to rank websites.

Support – Terms & Conditions

Lithium Arts will upgrade underlying software (such as Linux/Apache/PHP/MySQL) as it deems most appropriate to the stability and security of the platform and the client’s web sites. These changes are made free of charge.

Lithium Arts will also upgrade the WordPress application (if applicable) as it deems most appropriate to the stability and security of the platform and the client’s web sites. These changes are made free of charge.

Lithium Arts will not accept responsibility for any template, 3rd party plugin, or application that is no longer compatible following an upgrade to these underlying applications.

Lithium Arts will not accept responsibility for issues affecting a client’s web site due to an application changes outside of our control.

Lithium Arts will not accept responsibility for any software removing support for specific browsers, or versions of browsers.

Lithium Arts will endeavour to find an upgrade path to templates, plugins, or applications which do support the later versions of said upgraded software, however the work to integrate them into a clients site would incur a support charge equivalent to the number of hours such an upgrade would take.

Lithium Arts maintain a minimum one-hour support charge for all work carried out. Any requests for support work that can be carried out within one hour will be done so without a quote being provided.

Lithium Arts require one calendar months notice of changes to retained support agreements.

Quarterly retained support hours run 1st Jan – 31st March, 1st April – 30th June, 1st July – 30th September, 1st October – 31st December. Any hours unused in any given quarter will still be charged for. If the agreed hours are exceeded in any quarter the client will be charged at our hourly support rate.

Monthly retained support hours run for each calendar month. Any hours unused in any given month will still be charged for. If the agreed hours are exceeded in any month the client will be charged at our hourly support rate.

Invoicing and Payment – Terms & Conditions

Any quotes provided by Lithium Arts are valid for 30 days. The quotes are based on the understanding that the client agrees to make available to us all materials required to complete the site before work commences. Delays in providing all material, or requesting changes to the material will delay the completion of the work, and can increase the final price.

Lithium Arts requires the client to provide a non-refundable deposit of 50% for all projects before any work will be carried out.

Once a website has been completed the final balance of payment is then due. 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.

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.

All invoices produced are exempt of VAT. Lithium Arts are not required to be VAT registered and therefore do not charge their clients VAT.

Lithium Arts requires all invoices to be paid in full within 30 days of being sent to the client. If full payment is not possible, for whatever reason, please contact Lithium Arts immediately.

Lithium Arts retains the right to take down websites of clients who fail to pay invoices on time.

Failure to pay invoices in full will result in late payment charges and possible legal action.

Copyright Notice

This website and its content is copyright of Lithium Arts – © Lithium Arts 2017. All rights reserved.

Any redistribution or reproduction of part or all of the contents in any form is prohibited other than the following:

  • You may print or download to a local hard disk extracts for your personal and non-commercial use only.
  • You may copy the content to individual third parties for their personal use, but only if you acknowledge the website as the source of the material.

You may not, except with our express written permission, distribute or commercially exploit the content. Nor may you transmit it or store it in any other website or other form of electronic retrieval system.

Privacy Policy

This privacy policy sets out how Lithium Arts uses and protects any information that you give us when you use this website.

Lithium Arts is committed to ensuring that your privacy is protected. Should we ask you to provide certain information by which you can be identified when using this website, then you can be assured that it will only be used in accordance with this privacy statement.

Lithium Arts may change this policy from time to time by updating this page. You should check this page from time to time to ensure that you are happy with any changes. This policy is effective from 1st March 2011.

What we collect

We may collect the following information:

  • Name and job title.
  • Contact information including email address.
What we do with the information we gather

We require this information to understand your needs and provide you with a better service, and in particular for the following reasons:

  • Internal record keeping.
  • We may use the information to improve our products and services.
  • We may periodically send promotional emails about new products, special offers or other information that we think you may find interesting, using the email address that you have provided.
Security

We are committed to ensuring that your information is secure. In order to prevent unauthorised access or disclosure, we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect online.

External Links

Our website may contain links to other websites of interest. However, once you have used these links to leave our site, you should note that we do not have any control over that other website. Therefore, we cannot be responsible for the protection and privacy of any information that you provide whilst visiting such sites. You should exercise caution and look at the privacy statement applicable to the website in question.

Controlling your personal information

You may choose to restrict the collection or use of your personal information in the following ways:

  • If you have previously agreed to us using your personal information for direct marketing purposes, you may change your mind at any time by writing to or emailing us at enquiries@lithiumarts.com.
  • We will not sell, distribute or lease your personal information to third parties unless required by law to do so.
  • You may request details of personal information which we hold about you under the Data Protection Act 1998. A small fee will be payable. If you would like a copy of the information held on you please write to enquiries@lithiumarts.com.
  • If you believe that any information we are holding on you is incorrect or incomplete, please write to or email us as soon as possible at the above email address. We will promptly correct any information found to be incorrect.