By placing an order with Seaside Creative Ltd, you (client) confirm that you are in agreement with and bound by the terms and conditions below:
Terms and Conditions of commissioning Seaside Creative Ltd for Website, Hosting and Support
- Seaside Creative Ltd will carry out work only where an agreement is provided either by email, telephone, mail or fax. An ‘order’ is deemed to be a written or verbal contract between Seaside Creative Ltd and the client, this includes telephone and email agreements. Payment terms are strictly 50% of the design fee before work commences, then the remainder upon completion prior to the site going live on your domain or within 7 days of original invoice (whichever comes first). Different payment terms may apply to special offers or by agreement. All payments are non-refundable.
- All domain names will be registered in the client’s name and as such the domain name belongs to the client, not to Seaside Creative Ltd. All sites should be hosted with Seaside Creative Ltd’s hosting company and can be transferred to another hosting provider by mutual agreement with at least 30 days notice. Seaside Creative Ltd cannot accept liability for losses caused by the unavailability, malfunction or interruption of this service, or for loss of turnover, sales, revenue, profits or indirect, consequential or special loss.
- All websites will show the text “Web Design by Seaside Creative Ltd” (or something similar) at the base of each web page, along with a link to our website. This text and link can be omitted at a cost of £100 per site. We reserve the right to reinstate this and remove your administrative rights, should this be removed without our permission. No other marketing company or consultant is allowed to have any attribution to the website. We reserve the right to remove this and remove your administrative rights, should this be added to the site.
- Once your site is live on your domain it is assumed that the project has been completed to your satisfaction. Any additional work is then charged at a rate of £45 per 60 minutes work carried out in 5 minute increments. Minor amendments such as change of address or telephone number will incur no charge.
- Should you choose the option of having administrative rights to your website, you will be able to make changes to your own site and amend content. Seaside Creative Ltd does not accept responsibility for any changes that you make to your site. Any advice on updating your site, or rectifying any changes you have made will be charged at the hourly rate of £35 per hour. You must keep within your agreed package and contact us prior to adding additional pages or products. If you add pages or products outside of your agreed package you will be invoiced for the difference between the package you paid for and the package you have moved on to. Should payment of this invoice not be received within 24 hours we reserve the right to permanently delete the pages or products added. You will be charged for the time taken to return the site back to its previously agreed package at a cost of £45 per hour.
- We require you to submit your own text and images for inclusion on your new website. All text should be divided into sections relevant to your page names and submitted by you in electronic format. All text and images submitted must be free of copyright and Seaside Creative Ltd accepts no responsibility for any infringement of copyright law arising from any text or images used on your site. If you do not supply content before we create the initial draft we may use images from Google or any other search engine to “fill space” so that you can see what the site would look like complete. By keeping that content you accept responsibility for it. All spell checking is the responsibility of the client and any errors that need rectifying will be charged at £35 per hour. Any photos, logos or graphics you wish to include should be submitted by you in either Jpeg, png or gif format, either by post on a cd or by e-mail as an attachment.
- All rights and copyrights for logos created will be transferred to the customer. A free, basic text logo may be offered. These logos are only available in conjunction with a website of at least 5 pages and will otherwise be charged at a minimum of £49.
- We reserve the right to include a screenshot of, and link to your completed website on the portfolio page of our website and on any of our social media accounts.
- A website “page” is generally intended to mean a page of content no more than 2000 pixels deep which is approximately A4 in size. Individual pages with more than 2000 pixels will be charged as an additional page (per A4 sized page of content).
- All websites are optimised for viewing on Laptops, PC’s, Tablets and other mobile devices running Internet Explorer, Mozilla Firefox, Safari and Google Chrome.
- A £25 transfer fee is applicable for the transfer of any domain away from the current host.
- One year’s web hosting is included in the initial price. Your 12 months hosting begins once your site is live on your domain, or one month after you place your order, or once your domain is registered (whichever comes first). The monthly maintenance charge will include hosting. If you decide not to use our monthly contract you will be charged a fee of £65 is payable annually in advance. If the customer does not renew the Services the hosting will expire and your site will no longer be live. Once hosting has expired, it will be possible to reinstate your website for a period of 30 days by paying an admin fee of £65. After 30 days your site will be removed from our host which may lead to it being permanently deleted. Seaside Creative Ltd excludes liability for any loss of profit caused to the customer by the expiration of the hosting as a result of the customer’s failure to renew the Services.
- A .com or .co.uk domain name is included in the initial price. The domain will be registered for 1 year. The renewal is included within the £65 annual hosting fee. If the customer does not renew the Services the domain will expire and your site will no longer be live. Once the domain has expired, it will be possible to reinstate your website for a period of 30 days by paying an admin fee of £55. After 30 days your site will be permanently deleted. Seaside Creative Ltd excludes liability for any loss of profit caused to the customer by the expiration of the hosting as a result of the customer’s failure to renew the Services. No cash alternative is available for customers who purchase their own domain name.
- Seaside Creative Ltd excludes liability for any loss of profit caused to the customer by the expiration of the domain name as a result of a technical fault or any other fault caused by any third party.
- Seaside Creative Ltd excludes liability for any loss of profit caused to the Customer by the expiration of the domain name as a result of a technical fault of any other fault caused by the negligence of the site host.
- Website drafts will be created, based on the brief and information provided by the Customer. If the brief changes after the first draft has been created which results in a complete redesign then a charge of £45 per hour will be applied. If feedback is not received within 30 days of supplying the initial draft we reserve the right to permanently delete the site from our hosted server and no refund will be payable. If we request more information and do not receive a reply for a period of 30 days we reserve the right to permanently delete the site from our hosted server and no refund will be payable.
- Due to external factors we cannot offer any guarantees regarding the search engine position we will achieve for websites. 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.
- Should the final payment not be received within 30 days of the order being placed Seaside Creative Ltd reserve the right to charge for any services or extras that would otherwise be included free of charge. These include, but are not solely reserved to; domain name, hosting, extra pages and any extra work carried out, which will be charged at an hourly rate. Your website will only be made live once full payment has been received.
- If the final payment has not been received within 3 months of the original order being placed Seaside Creative Ltd reserve the right to cancel this agreement without notice. All design work carried out will be permanently deleted and no refund will be payable. Any domains or email accounts that may have been registered will also be cancelled and no refund will be payable.
- Seaside Creative Ltd reserve the right to refuse to handle in any way, material which may be deemed offensive, illegal or controversial. We also reserve the right to refuse to handle any site found to be involved in any black hat or “spammy” search engine optimisation techniques. Should any of these situations arise we reserve the right to terminate your web hosting service without notice and you would not be due a refund.
- Our services are not available for resale. By placing the order you confirm you are the end recipient of the website. If we establish you have ordered a website on behalf of somebody else the website in question will be deleted from our hosted server immediately and no refund will be paid.
- LATE PAYMENT
- If payment is not made in accordance with the above then Seaside Creative Ltd may rescind this Agreement and recover damages, or, at its option, may exercise its statutory right to interest under the Late Payment Of Commercial Debts (Interest) Act 1998.
- If any invoice issued to the Client is not paid by the Due Date, then all unpaid invoices issued to the Client become due of immediate effect, even if it is less than 30 days from the issue date, and that Seaside Creative Ltd Images may consider these invoices as overdue when pursuing legal action for the recovery of said debts.
- A fee of £20 (excluding VAT) will be made for each account reminder, duplicate invoice, or any other paperwork, correspondence or phone calls involved with the pursuit of a debt. This fee is non-refundable, and represents the additional time spent pursuing overdue invoices.
- Seaside Creative Ltd reserves the right to suspend ongoing services, such as (but not limited to) the Downloadable Web Page or other distribution of pictures, once any invoice issued to a Client becomes overdue, and also reserves the right to inform the reason of this to third parties to whom this suspension of service affects.
- On the Client’s death or bankruptcy or (if the Client is a company) in the event of a Resolution, Petition or Order for winding up being made against it, or if a Receiver is appointed, Seaside Creative Ltd Images may at any time thereafter inspect any records, accounts and books relating to the reproduction of its pictures to ensure that the pictures are being used only in accordance with the reproduction rights granted to the Client.
- ENGLISH LAW
34.1 This Agreement shall be subject to and constructed according to English Law and the parties agree to accept the exclusive direction of the Courts of England.
34.2 No variation of terms and conditions set out herein shall be effective unless agreed in writing by both parties.
35.1 Payment should normally be made by BACS (the details will be supplied on the Invoice). Care used to be taken on submitting payment by this method. It is suggested on the first occasion of payment by this method, a nominal £10 is made. Once confirmation is made by a member of Seaside Creative Ltd, the rest of the payment is made. Crossed cheque can be sent and made payable to “Seaside Creative Ltd”. Proof of postage of remittances is not considered proof of receipt, and clients are advised to send payment by any method affording proof of delivery.
- Our terms are strictly net 7 days (one week) unless agreed in advance and in writing.
- We reserve the right to amend the Terms and Conditions at any time.
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