Our Privacy Policy

Privacy

This privacy policy is for this website; www.Virtuall.co.uk and served by Virtuall (UK Company No: 00000), governs the privacy of its users who choose to use it. It explains how we comply with the GDPR (General Data Protection Regulation), the DPA (Data Protection Act) [pre GDPR enforcement] and the PECR (Privacy and Electronic Communications Regulations).

This policy will explain areas of this website that may affect your privacy and personal details, how we process, collect, manage and store those details and how your rights under the GDPR, DPA & PECR are adhered to. Additionally, it will explain the use of cookies or software, advertising or commercial sponsorship from third parties and the download of any documents, files or software made available to you (if any) on this website. Further explanations may be provided for specific pages or features of this website in order to help you understand how we, this website and its third parties (if any) interact with you and your computer/device in order to serve it to you.

We may change the privacy policy from time to time to reflect changes to the products and services that we provide and how we process your personal data.

Your personal data may be shared with other companies within our associate companies. We have access to/collect information that you voluntarily give to us via email or other direct contact from you i.e. web form submission or from third-party mailing lists where you have given explicit consent to receive marketing information where we have a legitimate interest to market to you. This may include information such as: IP address, first name and surname, email address, job title, telephone number, company name, company website, company address and industry.

We will not share your information with any third party outside of our organization, other than as necessary to fulfil your request if any.

Lawful basis for processing data and communicating with you.

We will only process personal data and communicate with you if:

  1. You have given us consent to the processing of your personal data and communicating for one or more specific purposes i.e. requesting products or services from us, downloading material or information from our website or submitting a contact us form.
  2. Performance of a contract
  3. Where we have a legitimate interest for contacting you in relation to our products and services

You may opt out of any future contacts from us at any time. You can do the following at any time by contacting us via the email address or phone number given on our website. If you no longer wish to receive marketing emails from us, you can unsubscribe directly from within the emails.

When we no longer need your personal data, we will securely delete or destroy it. We will also consider if and how we can minimise over time the personal data that we use, and if we can anonymise your personal data so that it can no longer be associated with you or identify you, in which case we may use that information without further notice to you.
If the above doesn’t apply, we keep your personal information contained until you request for it to be deleted.

Rights and choices of individuals:

  • See what data we have about you, if any.
  • Change/correct any data we have about you.
  • Have us delete any data we have about you.
  • See what security measures we apply to your data
  • Express any concern you have about our use of your data and you can make a complaint either to us or the ICO.

Also as a data subject you have the following rights:

  • The right to be informed
  • The right of access
  • The right to rectification
  • The right to erasure
  • The right to restrict processing
  • The right to data portability
  • The right to object
  • Rights in relation to automated decision making and profiling.

We take precautions to protect your information. When you submit sensitive information via the website, your information is protected both online and offline.

Wherever we collect sensitive information (such as credit card data), that information is encrypted and transmitted to us in a secure way. You can verify this by looking for a lock icon in the address bar and looking for “https” at the beginning of the address of the Web page.

While we use encryption to protect sensitive information transmitted online, we also protect your information offline. Only employees who need the information to perform a specific job (for example, billing or customer service) are granted access to personally identifiable information.

If you feel that we are not abiding by this privacy policy, you should contact us immediately via telephone at 02082520804 or via email.

This website uses cookies to enhance users experience while visiting the website. As required by legislation, where applicable this website uses a cookie control system, allowing the user to give explicit permission or to deny the use of /saving of cookies on their computer / device. You have the ability to accept or decline cookies. If you choose to decline cookies, you may not be able to fully experience the interactive features of the Rhapsody website.

What are cookies? Cookies are small files saved to the user’s computers hard drive that track, save and store information about the user’s interactions and usage of the website. This allows the website, through its server to provide the users with a tailored experience within this website.

Users are advised that if they wish to deny the use and saving of cookies from this website on to their computers hard drive they should take necessary steps within their web browsers security settings to block all cookies from this website and its external serving vendors or use the cookie control system if available upon their first visit.

The Cookies We Set

– Email newsletters related cookies
This site offers newsletter or email subscription services and cookies may be used to remember if you are already registered and whether to show certain notifications which might only be valid to subscribed/unsubscribed users.

– Forms related cookies
When you submit data through a form such as those found on contact pages or comment forms cookies may be set to remember your user details for future correspondence.

– Site preferences cookies

In order to provide you with a great experience on this site we provide the functionality to set your preferences for how this site runs when you use it. In order to remember your preferences we need to set cookies so that this information can be called whenever you interact with a page is affected by your preferences.

Third Party Cookies

In some special cases we also use cookies provided by trusted third parties. The following section details which third party cookies you might encounter through this site.

– This site uses Google Analytics, which is one of the most widespread and trusted analytics solutions on the web for helping us to understand how you use the site and ways that we can improve your experience. These cookies may track things such as how long you spend on the site and the pages that you visit so we can continue to produce engaging content.

For more information on Google Analytics cookies, see the official Google Analytics page.

We hold this information for a period of 50 months and reset this every time a user re-enters the website.

– Third party analytics (such as HubSpot) are used to track and measure usage of this site so that we can continue to produce engaging content. These cookies may track things such as how long you spend on the site or pages you visit which helps us to understand how we can improve the site for you. If you decline the cookies once you’ve entered the site, this will not be tracked.

– From time to time we test new features and make subtle changes to the way that the site is delivered. When we are still testing new features these cookies may be used to ensure that you receive a consistent experience whilst on the site whilst ensuring we understand which optimisations our users appreciate the most.

– We also use social media buttons and/or plugins on this site that allow you to connect with your social network in various ways. For these buttons to work the following social media sites including; Facebook, Twitter, Instagram, Snapchat, LinkedIn and YouTube networks, will set cookies through our site which may be used to enhance your profile on their site or contribute to the data they hold for various purposes outlined in their respective privacy policies.

Although we only look to include quality, safe and relevant external links, such as reference to our client’s websites, users are advised to adopt a policy of caution before clicking any external web links mentioned throughout this website. (External links are clickable text / banner / image links to other websites.

Shortened URL’s; URL shortening is a technique used on the web to shorten URL’s (Uniform Resource Locators) to something substantially shorter. This technique is especially used in social media and looks similar to this . Users should take caution before clicking on shortened URL links and verify their authenticity before proceeding.

We cannot guarantee or verify the contents of any externally linked website despite our best efforts. Users should therefore note they click on external links at their own risk and we cannot be held liable for any damages or implications caused by visiting any external links mentioned.

Terms & Conditions

This document is to be viewed by all involved parties as a binding and insoluble contract in agreement to the terms stated below. After starting any job with Virtuall Design Agency, you authorise Design Agency Virtuall and its associated companies to proceed with the creation of the service’s/product’s as discussed with the sales representative and confirmed on the Job Approval.
Office Hours

Design Agency Virtuall’s office hours are 9am – 5.00pm, Monday to Friday. Telephone calls received out of hours will be diverted to our answering machine and dealt with on the next working day. Where staff mobile telephone numbers are provided, we ask that you exercise discretion when calling out of hours and only call in emergencies, as in some cases these are also the staff’s personal telephones. We appreciate your understanding.Contacting the agency. In order to deal more effectively with your queries, we ask that you put any questions to us in writing. This system allows us to distribute questions to the appropriate departments, and thereby respond to you, more efficiently. There are three ways to contact us: Email:Bhasha@Virtuall.co.uk, or post: Virtuall, 40 Fencepiece road, Barkingside, Essex. IG6 2JX or call 02082520804

Provision of Materials

You agree to provide us with the specific copy, images and information we require in order to create and complete your product, or to advise us as to where we can locate such materials. We accept no responsibility for your site not being put live/product being completed by a specific date if we are unable to secure necessary and/or suitable information and/or materials from you. If you cannot supply the information you wish to feature in your product, we will do what we can to obtain it, but we accept no responsibility for errors, omissions or discrepancies which may be present on the final product, as these may arise through our lack of specialist knowledge regarding the content of your product. The time taken to compile the data, as well as any time required to correct errors, omissions or discrepancies which have arisen through your not providing us with adequate materials, will be charged to you at our standard rate. We accept no responsibility for the delay caused in providing you with the final product as a result of your supplying us with insufficient or unsuitable materials. This does not apply if the additional cost could have been avoided but for unreasonable delay on the part of Design Agency t/a Virtuall in ascertaining the unsuitability of the materials with which you provide us. Where you supply or specify materials, we will take every care to secure the best results in the finished product, but we accept no responsibility for imperfect work caused by defects in or unsuitability of materials so supplied or specified.

Print Proof Agreement

If the sales representative has provided you with a proof, you agree to the design and contents of the printed/pdf document as depicted on the proof. By approval via email or phone call or any form of text message, you absolve Design Agency Virtuall of all liability for any errors, omissions or discrepancies which may be present on the proof. Once the final proof is supplied, you are not able to make any changes to the final product, nor are you able to hold Design Agency Virtuall responsible for anything you are unhappy with. Our standard Terms & Conditions revokes your right to take any kind of action against Design Agency Virtuall for any aspect of the work with which you are later dissatisfied.
As long as the finished product is as discussed with the sales representative and consistent with the proof if supplied, you must pay in full for the work. This fact applies whether or not you later take issue with any aspect of the product. These terms are final and non-negotiable.

Making Changes After Proof Stage (Print Only)

If a change is requested, we will do everything we can to make the correction before the printing starts, but we cannot guarantee this. We accept no responsibility, under any circumstances, for any mistakes present on the completed work, as the signing-off of a proof absolves us of all liability. Once the proof is signed off or agreed, whether verbally or via email or any form of text message, we incur a film / plate(s) charge and this is passed on to you as part of the total charge. Any changes made after a proof is signed off will result in a further charge.

Print Quality (Print Only)

Every effort will be made to obtain the best possible colour reproduction on customer’s work but because of the nature of the processes involved, Design Agency Virtuall cannot guarantee an exact match in colour or texture between any materials with which you supply us, and the printed article. Our budget business cards do not have a guaranteed specification and we reserve the right to vary stock or quality as either we see fit, or circumstances/availability dictate. If the exact specification is important, the cards must be ordered as a bespoke job.

Quantity Supplied (Print Only)

Every effort is made to produce the exact quantity of items ordered. However, some variation is inherent in the print process and so you accept that minor variations in quantity are possible. These do not affect the price charged.

Claims (Print Only)

Advice of damage, delay or partial loss of goods in transit or of non-delivery must be given in writing to Virtuall within two clear days of delivery (or, in the case of non-delivery, within 14 days of dispatch of the goods) and any claim in respect thereof must be made in writing to Virtuall and the carrier within seven clear days of delivery (or, in the case of non-delivery, within 24 days of dispatch). All other claims must be made in writing to Virtuall within 28 days of delivery. Virtuall shall not be liable in respect of any claim unless the aforementioned requirements have been complied with except in any particular case where the customer proves that

(i) it was not possible to comply with the requirements and
(ii) advice (where required) was given and the claim made as soon as reasonably possible.

Standing Material (Print Only)

All materials (including but not limited to film, plates, negatives and positives) produced and used by Virtuall during the production process remain the property of Virtuall. Where these materials are provided by the client, they remain the property of the client. Virtuall reserves the right to dispose of lithographic work immediately after the order is executed unless written arrangements are made to the contrary. In the latter event, rent may be charged for the safe-keeping of the materials.

Payment Terms (Print)

New customers agree to pay a deposit of 40% of the final bill upon ordering, and to pay the outstanding balance on delivery of the completed work. Existing customers agree to adhere to the terms stated on the invoice. All deposit payments are non-refundable.

Website Updates & Site Maintenance

These are charged at £100 ex vat per hour (or part thereof) for all design and development. If you want to introduce new material in the form of extra pages, additional functions, or more information than is already available on your site, this must be paid for as a new job.

Systems

Any systems, including eCommerce and Content Management System, provided to the client remain the intellectual property of Virtuall. and as such no access is given to the source code or database. Systems cannot be transferred away from our provided hosting solution. E-commerce/CMSE-commerce/CMS systems will be provided as an empty shop/site, and training will be given to the client(s) on using the system.

A delay in the client populating the e-shop/site will not be accepted as a reason for delayed payment as, once it is ready to be populated and training has been given, Virtuall’s job is done. Virtuall offers a service to populate the client’s shop site/CMS on their behalf, and prices are available on request for this service.

This does not include any photography, and where clients feel unable to create their own imagery of products, a photographer must be sought. Virtuall are happy to recommend independent photographers where necessary, but the contract will be between the client and said photographer. Additional training and support packages are available, and again the prices for these services are available on request.

Bespoke SystemsIn the case of a bespoke solution (website), upon settlement of all outstanding monies due to Virtuall for the development / design of such solution, full copyright and title will pass to the client.

Warranty

Virtuall guarantees all of its websites / bespoke solutions provided to clients insofar as any faults will be rectified within a reasonable period of time so as not to interrupt the service provided by clients to their clients / users for an unacceptable time.

Website Proofs

Once a client has agreed a look and feel proof and instructed Virtuall to proceed to build, any subsequent changes in style or design requested by the client will be charged for at the appropriate hourly rate.

Exceptions (Web)

We accept that certain details regarding your business, such as telephone numbers and email addresses, sometimes change, and that the details placed in a proof are liable to change. To this end we will amend smaller details such as these as part of our construction package. This policy applies throughout your contract with Virtuall: if a minor detail needs to be amended, we are more than happy to do so, for a small charge. Larger changes, such as the creation of a new page or introduction of a new feature on your site, or the sourcing / changing of images are not covered by this policy and must be paid for at normal rate.

Payment Terms (Web)

You agree to pay a deposit of 40% of the final bill immediately. When we have finished building your site, we will put it live on our own server under a temporary name which we will give you. After we have informed you of the site’s location on our server, you have 48 hours to view the site and ask for any amendments to be made. The site can be kept live for a longer period if you specifically request this. After the 48-hour viewing period has elapsed, the invoice will be issued as – apart from minor alterations or transfers onto other domain names – our work on the site is then complete. Once the bill is settled in full, we will put the site live on its own domain name, or – if you have not yet selected one – it will remain live on our server. If you possess your own domain name, we will initiate whatever process is necessary to put the site live once the bill is settled. You are not permitted to point your own domain name to the test site on the server. If this is found to be the case, we reserve the right to remove the site from our server. All deposits are non-refundable.

Copyright

Unless negotiated and agreed in writing, the copyrights of general artwork, commissioned artwork, illustrations, website design, programming and copy belong to Virtuall If you supply us with material, it is your responsibility to obtain all necessary copyrights for its use, and we assume that you possess these. In such cases, the copyright belongs to you. By signing this agreement, you agree to indemnify Virtuall from any claim which arises regarding the use of material with which you supply us. We reserve the right to use any artwork or printing we produce for the purposes of promoting our services unless you request otherwise in writing.

Quotes/Estimates

All quotes for work are valid for twenty (20) days, after which time all proposed work will have to be re-quoted. We take no responsibility for a re-quoted price differing from an original quote.

Illegal Matter

Virtuall reserves the right not to print any matter deemed illegal, libellous or offensive, or which may be an infringement of the proprietary or other rights of any third party. This agreement indemnifies us in respect of any claims, costs and expenses arising out of any libellous matter or any infringement of copyright, patent, design or of any other proprietary or personal rights contained in any material printed for the customer. The indemnity shall extend to any amounts paid on a lawyer’s advice in settlement of any claim.

Consequential Loss

Virtuall accept no liability whatsoever for consequential or third party posses, resulting in a delay in delivery howsoever caused.

Financial Loss

Virtuall accept no liability whatsoever for financial loss or loss of earnings arising from products or services provided by Virtuall.

Force Majeure

Virtuall accept no responsibility if we are unable to carry out any provision of the contract for any reason beyond our control including (without limiting the foregoing) Act of God, legislation, war, fire, flood, drought, failure of power supply, lock-out, strike or other action taken by employees in contemplation or furtherance of a dispute or owing to any inability to procure materials required for the performance of the contract. During the continuance of such a contingency you may, by written notice to ourselves, elect to terminate the contract and pay for work done and materials used, but subject thereto shall otherwise accept delivery when available.

Liability

Virtuall shall not be liable for any loss to the customer arising from delay in transit caused by circumstances beyond our control. Price Breakdown The invoice we send you will be itemised, showing the cost of the design and research process, as well as the production itself. Supplying us with suitable material will, therefore, reduce the time spent on project and, thereby, the final charge. VAT is charged at the current Customs & Excise rates and according to current regulations, irrespective of whether or not it is included in a price quotation.

Jobs Put On Hold or Cancelled by the Client

Jobs put on hold or cancelled by the client during production will be invoiced at current stage and materials. This invoice must be paid in full together with any VAT that falls due accordingly.

Credit Terms

For invoices not settled within the agreed credit terms, we reserve the right to charge interest on the overdue debt at 2% above the Barclays base rate at the time and an administration fee to cover the debt recovery costs. Insolvency. Any customer ceasing to pay their debts in the ordinary course of business or proving unable to pay their debts as they become due or, being, a company, is deemed to be unable to pay its debts, or has a winding-up petition issued against it or, being a person, commits an act of bankruptcy or has a bankruptcy petition issued against it, Virtuall, without prejudice to other remedies, shall

(i) have the right not to proceed further with the contract or any other work for the customer and be entitled to charge for work already carried out (whether completed or not) and materials purchased for the customer, such charge to be an immediate debt due to it, and

(ii) in respect of all unpaid debts due from the customer, have a general lien on all goods and property in its possession (whether worked on or not) and shall be entitled on the expiration of 14 days’ notice to dispose of such goods or property in such manner and at such price as we think fit and to apply the proceeds towards such debts.

Data Protection

Virtuall agrees keep the confidential information of its clients confidential, including all administration areas of websites and details of referrers and those who are referred. All such data recorded by a website will be completely secure, and all information will be treated as confidential in accordance with the Data Protection Act.

Design Agency
Virtuall
40 Fencepiece road, Barkingside
Essex. IG6 2JX

Contact
02082520804
bhasha@virtuall.co.uk

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