Cre8urbrand Terms and Conditions
The information below is applicable to Website projects undertaken by Cre8urbrand.
A copy of the terms and conditions will be provided with all quotations and must be agreed prior to work starting. Payment of any advance fees or payments online will be an acceptance of the terms and conditions. Terms are available on our website for reference.
2 Our Fees.
Charges for services are clearly set out in project quotations and these are sent to the Client via e-mail. Quotations are valid for a period of 30 days unless alternate timescales have been agreed beforehand with the Client. Cre8urbrand reserves the right to decline or adjust a quotation after the valid timescale has expired.
All projects require a fifty (50) percent deposit of the total cost quoted and must be paid in advance, prior to work commencing. The remaining balance will become due on the completion of the work and prior artwork release, or the website being made live, unless specific payment terms are agreed.
Payment for services is accepted by bank transfer, cheque or online payment using the invoice ‘pay now’ option. Cheques should be made payable to Cre8urbrand and sent to Cre8urbrand, 38 Church Road, Gloucester, Gloucestershire GL2 0AH.
3 Client Website Review.
The Client will have the opportunity to review the websites appearance and content during the design stage and once the site is completed. On project completion these materials shall be deemed accepted and approved by the Client, unless Cre8urbrand is notified otherwise and within ten (10) days of the date the materials are made available to the Client.
4 Schedule of Website Works and Control of Content.
Cre8urbrand will arrange for the installation and public posting (going live) of the Client's Web site by the date specified in the project proposal, In the majority of projects. If a launch date is not specified, the timescale will be within four weeks of the date of deposit payment received from the Client, unless a delay is specifically requested by the Client and agreed by Cre8urbrand. Alternate timescales can be agreed during the initial project discussion.
The Client will agree to delegate one individual as the ’first-point-of-call' to assist Cre8urbrand with completing the project in a timely and satisfactory manner.
During a project the Client is required to provide copy, images and other content as requested by us. If content is not provided within four (4) weeks of an official request by email, Cre8urbrand reserves the right to advise the Client of a revision to the final payment fee, based on new or revised pricing schedules that may be introduced from time to time. If the requested content is not received within eight (8) weeks from the original email request, the Client will be considered to be in default of the project and the project will be terminated, with the Client being sent a final invoice for immediate payment. Cre8urbrand will agree, at its discretion, to recommence the project after an agreement is reached on a new quotation document and only when the original fees have been paid.
Invoices are sent to the Client prior to the commencement of a project. Invoices are typically sent digitally via email; however, the Client can request hard copy invoices. Invoices are due within fourteen (14) days of receipt, after which a reminder will be sent to the Client. Cre8urbrand reserved the right to hold off the start of a project until a deposit or initial payment has been received and credited into the business bank account. If the invoice has not been settled after thirty (30) days then Cre8urbrand will consider the account to be in default. Late Payment Interest will be charged under the Late Payment of Commercial Debts (Interest) Act 1998 at the rate of 8.5% and compensation will be claimed arising from late payment under section 5A of the Late Payment of Commercial Debts (Interest) Act 1998.
6 Default of Projects.
Any information or files on server space for the Client can be removed at Cre8urbrand's discretion, should the Client fail to pay an invoice. Cre8urbrand shall not be held responsible for any loss of data incurred due to the removal of the service. The removal of such material does not relieve the Client of their obligation to pay any outstanding charges on the Client's account. Cheques returned for insufficient funds will incur a return charge of £25 to the Client and the Client's account will be considered immediately to be in default until full payment is received. Clients with default accounts will agree to pay us reasonable expenses, including legal fees and costs for collection by third-party agencies, incurred by Cre8urbrand in enforcing these Terms and Conditions.
7 Project Termination.
Termination of a project by the Client must be requested in writing or via email and will be effective on receipt of such notice. Telephone requests for the termination of services will not be honoured until and unless confirmed in writing or via email. The Client will be invoiced for design work completed to the date of first notice of cancellation for payment in full within thirty (14) days.
The Client retains the copyright to data, files and graphic logos provided by the Client, and grants Cre8urbrand the rights to publish and use such material. The Client must obtain permission and rights to use any information or files that are copyrighted by a third party. The Client is further responsible for granting Cre8urbrand permission and rights for use of the same and agrees to indemnify and hold harmless Cre8urbrand from any and all claims resulting from the Client's negligence or inability to obtain proper copyright permissions. A contract for Web site design and/or placement shall be regarded as a guarantee by the Client to Cre8urbrand that all such permissions and authorities have been obtained. Evidence of permissions and authorities may be requested by us.
9 Media Delivery Requirements.
Unless otherwise specified in the project quotation, this Agreement assumes that any text will be provided by the Client in digital format (text files delivered via e-mail, secure online third party file transfer service, Flash Storage or FTP) and that all photographs and other graphics will be provided electronically in high quality. The specific requirements will be discussed and agreed with the Client prior to commencement of the project. If requested by the Client we shall return any images or printed material provided for use in creation of the Client's Web site.
10 Access Requirements.
If the Client's Web site is to be installed on a third-party server, Cre8urbrand must be granted temporary read/write access to the Client's storage directories, and those directories must be accessible via FTP. Depending on the specific nature of the project, other resources might also need to be configured on the server.
11 Alterations Post Project.
We cannot accept responsibility for any alterations caused by the Client or a third party once the website has been installed. Alterations include, but are not limited to additions, modifications or deletions. We may require a one-off fee before resolving any issues that may arise.
12 Third Party Services.
Cre8urbrand may require the use of third party services - for example, credit card processing - to complete the Client's project requirements and will ensure that these services are integrated into the project and working correctly upon completion. We cannot be held responsible for subsequent changes or issues with these third party services that may result in issues and may require a one-off Web Development fee before resolving any problems that may arise.
13 Domain Names.
Cre8urbrand may purchase domain names on behalf of the Client, in which case they will then be renewed on an annual basis and the Client will be invoiced by Cre8urbrand. Clients will be sent email reminders before the domain expires at thirty (30) and seven (7) days before expiry. The loss, cancellation or otherwise of the domain brought about by none or late payment is not the responsibility of Cre8urbrand. The Client should keep a record of the due dates for payment to ensure that payment is received in good time. Domain names will be registered to the clients specified contact information (and business details if applicable).
These Terms and Conditions supersede all previous representations, understandings or agreements. The Client's signature generated digitally, written and posted or scanned, photographed and emailed to us, or payment of an advance fee constitutes agreement to and acceptance of these Terms and Conditions. Online payment is an acceptance of our terms and conditions.
15 Governing Law. This Agreement shall be governed by English Law.