Website Design
Website Design Terms & Conditions
These terms and conditions do not affect your statutory rights. It is not necessary for any Client to have signed an acceptance of these terms and conditions for them to apply. If a Client allows work to proceed or makes an initial payment then The Client will be deemed to have satisfied themselves as to the terms applying and have accepted these terms and conditions in full.
If you have any uncertainties about these conditions as they might apply to you or your project, it is your responsibility to clarify the situation by contacting us before the project gets under way.
1. Definitions
1.1 The Client: The company or individual requesting the services of The Company.
1.2 The Company: Creative Insight Limited and its employees and associates.
2. General
2.1 The Company will carry out work only where an agreement is provided either by email, telephone, mail or fax.
2.2 The Company will carry out work only for clients who are 18 years of age or above.
2.3An ‘order’ is deemed to be a written or verbal contract between The Company and The Client, this includes telephone and email agreements.
3. Design
3.1 Whilst every endeavour will be made to ensure that the website and any scripts or applications are free of errors, The Company cannot accept responsibility for any losses incurred due to malfunction of any application, the website or any part of it.
3.2 The website, graphics and any programming code remain the property of The Company until all outstanding accounts are paid in full.
3.3 Any scripts, cgi applications, php scripts, or software written by The Company remain the copyright of The Company (unless specifically agreed) and may only be commercially reproduced or resold with the permission of The Company.
3.4 The Company 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.
3.5 Any additions to the brief will be carried out at the discretion of The Company and where no charge is made by The Company for such additions, The Company 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.
3.6 The Client agrees to make available as soon as is reasonably possible to The Company all materials required to complete the site to the agreed standard and within the set deadline.
3.7 The Company will not be liable for costs incurred, compensation or loss of earnings due to the failure to meet agreed deadlines.
3.8 The Company will not be liable or become involved in any disputes between the site owner and their clients and cannot be held responsible for any wrong-doing on the part of a site owner.
3.9 The Company 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.
3.10 The Company 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.
3.11 Once a website has been designed and completed, the final balance of payment is then due in accordance with our payment terms.
3.12 The Company will provide The Client with an estimated timescale for progress and completion of the project and will use reasonable endeavours to meet those timescales (as long as The Client performs its obligations promptly.)
3.13 Any quoted dates are The Company’s best estimates only and cannot be guaranteed that they will be met.
3.14 The Company shall have no liability to The Client nor be deemed to be in breach of this Contract if delayed in performing or unable to perform any obligations under it due to circumstances beyond The Company’s reasonable control.
3.15The Company will use the most appropriate technology in the development of the site.
4. Content
4.1 It is The Client’s responsibility to provide The Company with the required information about The Client’s business. The Company take no responsibility for errors in content supplied by The Client for the web site. Any changes thus occasioned may be chargeable.
4.2 Unless specified otherwise, it is The Client’s responsibility to provide all necessary text and graphic materials that make up the content of the site. No refund will be made in the event that The Client fails to provide sufficient content to complete the web site.
4.3 All content must be supplied in a suitable digital format unless agreed otherwise beforehand. Images should be supplied as jpeg, gif or Photoshop format. Text should be supplied as a Microsoft Word or ASCII text file. Failure to supply material in digital format may result in extra charges being made for processing content for use on the web site. Where the content that is provided is in a form where a sizeable amount of copywriting is required, a further charge may be made.
4.4 The Client grants The Company permission to utilise logos and any other company identity for the purposes of creating the website.
4.5 The Client agrees to indemnify The Company from any and all claims arising from The Client’s negligence or inability to obtain proper copyright permissions for all content supplied.
4.6 A design credit with a link to The Company website will appear on The Client’s web site.
4.7 The Client should provide The Company with copies of terms and conditions and any privacy statement that The Client wishes to be incorporated into the design.
4.8 In the event that a website is unable to be completed by The Company because of lack of text and/or pictures, then text will be added using “lorum ipsum” filler text and pictures using appropriate library pictures. At this point the website will be considered completed and invoiced accordingly under our standard payment terms. Final text and pictures will be added when these are produced by The Client at no additional cost.
5. Changes Requested
5.1 If The Client requires any changes to be made to the original design and specification they must notify The Company by email or letter.
5.2 The Company will notify The Client formally if there will be any charge for the additional work.
5.3 If The Client accepts the terms of the changes, The Company should be notified by email or letter.
6. Database, Application and E-Commerce Development
6.1 The Company 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.
6.2 Where applications or sites are developed on servers not recommended by The Company, 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 Client’s responsibility to provide a suitable testing environment which is identical to the final production environment.
6.3 The Client is expected to test fully any application or programming relating to a site developed by The Company before being made generally available for use. Where “bugs”, errors or other issues are found after the site is live, The Company will endeavour (but is not obliged) to correct these issues to meet the standards of function outlined in the brief.
7. Ownership and Intellectual Property Issues.
7.1 The Client will retain ownership of copyright, trademarks and other intellectual property rights in materials that are provided to The Company for use in the design of The Client’s website.
7.2 All copyright, trademarks and patents created, developed, subsisting or used in or in connection with the design of The Client’s website will be transferred to The Client on settlement of all outstanding sums due to The Company. The intellectual property rights in any code or software developed for The Client will remain with The Company and cannot be sold to a third party without prior written agreement from The Company.
7.3 All screen displays, graphics, domain names, content and the Look and feel of the site developed shall be transferred to The Client on settlement of all outstanding sums due to The Company.
7.4 The Company retains the rights to use any software, object code, digital programming, source code and the like developed during the course of the project. However The Client will be granted a perpetual, irrevocable, worldwide and royalty free transferable license for the use of this facility. This may be subject to the continuing payment of any fees agreed as part of the services to be provided under this agreement.
7.5 If The Company is bundling or using any prior intellectual property that it owns and of which it wishes to retain ownership The Client will be granted a perpetual, irrevocable, worldwide and royalty free transferable license for the use of this facility. This may be subject to the continuing payment of any fees agreed as part of the services to be provided under this agreement.
7.6 The Company will not transfer rights in any design or software work owned by a third party.
8. Cancellation
8.1 If The Client wishes to cancel any contract, The Client is required to do so by registered post giving 60 days notice and cancellation will only be effective on receipt of such notice. If the design is not complete, The Client will be required to pay the balance of The Company’s costs to date and loss of profit for the entire design. No refunds will be made for any part of any annual hosting and maintenance subscription remaining.
8.2 In the event of cancelling a contract, The Client’s website will be taken offline the day after the contract expires. Once all sums due have been settled, The Company will co-operate with the smooth transfer of hosting of the domain and pass over ownership of any website files as requested.
9. Hosting and Domain names
9.1 The Company will normally arrange hosting for the website and the annual subscription for this will be included in the initial quotation.
9.2 FTP access details to your website files can be issued on request.
9.3 The Company accepts no responsibility for web server downtime or interruptions to service caused by circumstances beyond our control.
9.4 The Company will advise Clients on selecting domain names and register these for them as requested at current rates, but cannot guarantee a certain name will be available.
9.5 The Company may make a charge of £50 (or any other reasonable amount to be agreed) for any administrative work associated with hosting or domain name transfers into or out of The Company’s facilities.
9.6 Renewals are only made after receiving confirmation from The Client that such renewal should be made. The Company accept no responsibility if a domain fails to be re-registered.
10. Email
10.1 If The Company is responsible for arranging hosting then a POP3 email account with five addresses will be provided on the domain within the quoted costs (As an alternative forwarding to an existing email account elsewhere can be arranged).
10.2 The Client will be given the appropriate user name and password details for each account and the incoming mail server name, along with written instructions for setting up the account in Outlook or Outlook Express.
10.3 The Company will not be responsible for keeping records of passwords.
10.4 Requests for changes to user/password combinations may be made by email or telephone and will be actioned within 24 hours (Monday to Friday).
10.4 The Company accepts no responsibility for email server downtime or interruptions to service.
10.5 Email accounts must not be used for “spam” emailing operations.
10.6 The Company is not responsible for problems caused by the operating system of The Client’s computer. If The Client needs to contact The Company for such support this is normally chargeable at £1.00 per minute.
11. Promotion
11.1 Where The Company undertakes promotion of the website through Search Engine placement, no guarantee is given that rankings can be achieved on particular Engines. Re-submission will take place as and when The Company deem appropriate and may vary in frequency depending on the level of maintenance updates undertaken.
12. Warranties
12.1 The Company warrants that commencing from the date of acceptance by The Client and continuing for a period of ninety (90) days that the website and software substantially conforms to the Specification and the Scope of Works and is substantially suitable for the purposes for which it was designed. The terms of the Warranty are that during this period any errors or omissions will be rectified by The Company at no cost to The Client. The Warranty does not apply if the website and software has not been operated in accordance with the instructions given by The Company.
12.2 The Company makes no warranty that the website and software is totally error free or that The Client will be able to operate the website and software without any problems or interruptions caused by unforeseen problems or untested scenarios.
12.3 The Company makes no further warranties of any kind, whether express or implied, for the services it provides. The Company also disclaims any warranty of merchantability or fitness for any particular purpose other than that covered by the 90 day Warranty.
12.4 Due to the continual development of new techniques for intruding upon and attacking Internet based systems, The Company cannot warrant that the Software or any equipment, system or network on which the Software is used will be free of vulnerability to intrusion or attack. No liability will be accepted for the loss, corruption or theft of personal or financial information caused by deliberate and malicious intrusion or attack.
12.5 The Company will not be responsible for any direct, indirect or consequential damages that may result from the use of its services, including loss of data resulting from delays, non-delivery or interruption in service. You acknowledge and agree that The Company cannot guarantee the absence of service interruptions caused by Acts of God or other circumstances beyond our control.
13. Support
13.1 The Company will provide telephone and email support for services we provide to you during normal office hours. If The Client needs to contact The Company for such support this is normally chargeable at £1.00 per minute.
13.2 Problems with the operating system and software on your own computer and your Internet connection are specifically excluded from this agreement.
14. Reservations
14.1 The Company reserves the right to withdraw services at any time without prior notice. In such circumstances The Company will arrange alternative hosting and support services to ensure the ongoing hosting and functionality of The Client’s website.
14.2 The Company also reserves the right to feature customer websites and testimonials in future promotions without seeking prior consent.
15. Covenants
15.1 The Company will not during development or thereafter use The Client’s trademarks, logos or service marks without The Client’s express approval.
15.2 The Company will comply with all applicable laws in connection with its activities.
15.3 The Company will maintain satisfactory insurance and will provide proof of these policies if requested by The Client.
16. Indemnity
16.1 All services may be used for lawful purposes only. You agree to indemnify and hold The Company harmless from any claims resulting from your use of our service that damages you or any other party.
17. Liability
17.1 The Company’s total liability to The Client in contract or in tort arising in connection with this Contract shall not exceed the total price paid by The Client.
17.2 The Company shall have no liability for loss of profits, business, revenue, goodwill or anticipated savings or for any other indirect or consequential loss.
17.3 The Client agrees to hold the Company and its agents harmless from and against any and all claims and damages, expenses or liability that arises from or in connection with The Client’s website, content or activities, including but not limited to, any legal fees incurred by the Company. The Client at its own cost and expense shall defend any and all actions, which may be bought against the Company. The Client’s failure to perform under the terms of this paragraph shall be deemed a waiver of any and all claims, demands and remedies, or cause of action, including specific performance, which The Client might otherwise have against the Company and its agents, which under no circumstances will be liable for lost profits, lost opportunities, indirect, incidental or consequential damages for The Client.
17.4 In no event shall the Company and its agents be liable to The Client for damage, whether direct, indirect, consequential, exemplary and punitive or otherwise, arising out of any service provided or arranged by the Company. The Company shall not be liable for any error, omission, defect or deficiency in any service, which results from The Client’s failure to provide complete, accurate and current information to the Company. Under no circumstances shall the Company and its agents be liable to The Client for any Network interruptions beyond the Company’s control, including without limitation, any downtime regarding computer services or interruption of Internet service providers.
17.5 No right or remedy upon or reserved on the Company by this Agreement is intended, and shall not be deemed, to be exclusive of any other right or remedy provided or permitted herein, by law or by equity, but each right or remedy shall be cumulative of every other right or remedy.
17.6 This Agreement shall be interpreted and construed under the laws of England. The parties agree that any action brought in England and the parties do hereby waive all questions of personal jurisdiction or venue for the purpose of carrying out this provision.
18. Compatibility
18.1 The Company will endeavour to ensure that any developed or 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 an acceptable level with Mozilla browsers. The Company can offer no guarantees of correct function with all browser software.
19. Payment of Accounts
19.1 A deposit is required from any new client before any work is carried out. It is The Company policy that any outstanding accounts for work carried out by The Company 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 The Company.
19.2 Once a deposit is paid and work completed The Client is obliged to pay the balance of payment in full. The Company will contact The Client via email and telephone to remind The Client of such payments if not received when due.
19.3 If accounts are not settled or The Company have not been contacted regarding the delay, access to the related website may be denied and web pages removed, The Company will then pass such cases to The Company’s legal representatives to pursue payment. Non-payment can result in county court judgements (ccj’s) being added to The Client’s credit rating.
19.4 Following consistent non payment of an invoice The Company’s 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.
If you have any uncertainties about these conditions as they might apply to you or your project, it is your responsibility to clarify the situation by contacting us before any project gets under way.