Terms & Conditions

Seaside Creative

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:

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Terms and Conditions of commissioning Seaside Creative Ltd for Website, Hosting and Support

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  1. 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.
  2. 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.
  3. 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.
  4. 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.
  5. 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.
  6. 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.
  7. 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.
  8. 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.
  9. 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).
  10. All websites are optimised for viewing on Laptops, PC’s, Tablets and other mobile devices running Internet Explorer, Mozilla Firefox, Safari and Google Chrome.
  11. A £25 transfer fee is applicable for the transfer of any domain away from the current host.
  12. 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.
  13. 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.
  14. 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.
  15. 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.
  16. 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.
  17. 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.
  18. 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.
  19. 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.
  20. 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.
  21. 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.
  22. LATE PAYMENT
      1. 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.
      2. 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.
      3. 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.
      4. 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.
      5. 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.

 

  1. 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.

  1. PAYMENT

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.

  1. Our terms are strictly net 7 days (one week) unless agreed in advance and in writing.
  2. We reserve the right to amend the Terms and Conditions at any time.  

 

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Terms and Conditions of commissioning and reproducing pictures from Seaside Creative Ltd

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  1. IN THIS SECTION THE TERMS
    1. ‘PICTURE’ includes a photograph, transparency, negative, digital scan, design, artwork, painting, montage drawing, engraving or any other item which may be offered for the purposes of reproduction.
    2. ‘REPRODUCTION’ includes any form of publication or copying of the whole or part of any picture and whether or not altered by printing, photography, slide projection (whether or not to an audience) xerography, artist’s reference, artist’s illustration, layout or presentation, electronic or mechanical reproduction or storage by any other means
    3. ‘THE CLIENT’ is the person or organisation to whom the invoice is addressed (whether or not the Client is acting for a third party).
  2. COPYRIGHT
    1. The entire copyright in the pictures is retained by Seaside Creative Ltd at all times throughout the world.
    2. Seaside Creative Ltd Images supplies the technical and artistic ability to illustrate an idea photographically, and sells the right to reproduce those pictures in a given context. No property or copyright in any pictures shall pass to the Client whether on its submission or on Seaside Creative Ltd Images’ grant of reproduction rights in respect thereof.
    3. Seaside Creative Ltd asserts both his moral right to be identified as the author of his work and the right to a credit is asserted in accordance with sections 77 and 78 of Copyright, Designs and Patents Act 1988.
    4. Unless otherwise agreed in writing if any picture reproduced by the Client omits the copyright notice or credit line specified by Seaside Creative Ltd Images any fee payable by the Client shall be subject to an increase specified by Seaside Creative Ltd Images, and in any event an increase of not less than 25%
  3. REPRODUCTION RIGHTS
    1. Reproduction rights (if and when granted) are strictly limited to the use and period of time specified on Seaside Creative Ltd Images’ invoice.  An agreement must be reached with Seaside Creative Ltd Images before the pictures are used for a different purpose or after the licence to use has expired.
    2. Reproduction rights are not issued exclusively to the Client except when specified on the invoice.
    3. Reproduction rights granted are personal to the Client and may not be assigned, nor may any picture submitted to the Client be loaned or transferred to third parties save for the purpose of the exercise by the Client of such reproduction rights.
    4. Any reproduction rights granted are by way of licence and no partial or other assignment of copyright shall be implied.
    5. Seaside Creative Ltd Images reserves the right to refuse to supply or grant a reproduction licence to a third party when requested to do so by the Client.
    6. The following terms are used when describing the reproduction rights granted by Seaside Creative Ltd Images to the Client:
    7. Internal Use only: The right to use the pictures only within a company for non-commercial purposes; publication in a free in-house magazine not normally available to the public; exhibition within the Client’s premises; editorial use in the Client’s intranet site.
    8. PR and Press distribution: The right to use the pictures as described in 27.1 plus a licence for third parties to reproduce such pictures in print or electronic media in an editorial context where no fee has been paid to guarantee publication.
    9. Specified Use Only: The right to use the pictures once only for the purpose as described on the invoice.
    10. Editorial: One reproduction only of pictures supplied within one print edition of the specified title in an editorial context only.
  4. COMPENSATION
    1. Risk in and responsibility for any original prints passes to the Client from the time they are received until their safe return. The Client shall immediately inform Seaside Creative Ltd Images in writing of any loss or misuse of, or damage to the pictures while in the Client’s possession or that of any third party. If a picture is not returned within four weeks of the date for return then Seaside Creative Ltd Images may in its sole discretion presume it to be lost.
    2. The Client shall be liable to pay compensation to Seaside Creative Ltd Images in respect of each picture lost or damaged.  Payment of compensation does not give rise to any rights in any picture. Compensation levels for the pictures are available from Seaside Creative Ltd Images upon request. These levels are a genuine pre-estimate of the loss which would be suffered if such a picture were to be lost or damaged. the Client is urged to request these figures and to take out insurance cover to cover the total value of the pictures delivered.
    3. Once the Client has made a booking for a specific time and date, Seaside Creative Ltd Images will not accept any other work from other clients for those times and dates.
    4. As a result, once a booking is made, if it is subsequently cancelled, a cancellation fee will be charged to the client according to the following schedule. When a client cancels a booking within two weeks of any confirmed date, a fee of 50% of the booked time rate will be charged. When a client cancels photography within one weeks of any confirmed date, a fee of 100% of the booked time rate will be charged. In addition to this cancellation fee, the client will be charged for any expenses already incurred by Seaside Creative Ltd Images.
  5. LATE PAYMENT
    1. Until Seaside Creative Ltd Images has invoiced the reproduction fee neither party is committed to grant or acquire any reproduction rights in any picture.  After a fee has been agreed and an invoice issued there is a firm and binding contract whereby Seaside Creative Ltd Images is committed to grant reproduction rights and the Client to acquire them.  If after such invoicing but before payment the Client requests cancellation of the reproduction rights Seaside Creative Ltd Images may in its discretion cancel subject to the Client paying a cancellation fee.
    2. The Client’s right to reproduce a picture arises only when Seaside Creative Ltd Images’ invoice relating to the grant of such right is fully paid (including interest charges levied on late payment of the invoice or invoices). Any reproduction before payment of the invoice constitutes an infringement of rights and a breach of this Agreement entitling Seaside Creative Ltd Images to rescind the Agreement and rendering the Client liable for the payment of damages.
    3. If payment is not made in accordance with 29.1 above then Seaside Creative Ltd Images 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.
    4. 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.
    5. A fee of £17 (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.
    6. Seaside Creative Ltd Images 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.
    7. 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.
  6. IMAGE CHANGES
    1. Seaside Creative Ltd Images will edit every shot and deliver what it considers to be the best of every situation covered. As a result, contact sheets (or their digital equivalent) will only be supplied to the client in exceptional circumstances.
    2. No addition to, deletion from or alteration to or adaptation of a picture may be made without the written permission of Seaside Creative Ltd Images.
    3. Unless a rejection fee has been agreed in advance, there is no right to reject on the basis of style, composition or editing.
    4. In the case of printed publications, a copy of the relevant pages containing any picture supplied are to be furnished to Seaside Creative Ltd Images free of charge within two weeks.  In other media, evidence of use must be made available if requested.
  7. LIABLE FOR LOSS OR DAMAGE
    1. While Seaside Creative Ltd Images takes all reasonable care in the performance of this agreement generally, it shall not be liable for any loss or damage suffered by the Client of by any third party arising from use or reproduction of any picture or its caption.
    2. The Client agrees to indemnify Seaside Creative Ltd Images in respect of any claims or damages or any costs arising in any manner from the reproduction without proper reproduction rights of any picture supplied to the Client by Seaside Creative Ltd Images.
    3. It is the Client who must satisfy himself that all necessary rights, model releases or consents which may be required for reproduction, are obtained and it is acknowledged that Seaside Creative Ltd Images gives no warranty or undertaking that any such rights, model releases or consents have or will be obtained whether in relation to the use of names, people, trademarks, registered or copyright designs or works of art depicted in any picture. In the event that the picture issued or reproduced by or with the authority of the Client then the Client shall indemnify Seaside Creative Ltd Images against any loss or damage, proceedings or costs where such rights, releases or consents have not been obtained.
  8. ENGLISH LAW
    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.
    2. No variation of terms and conditions set out herein shall be effective unless agreed in writing by both parties.
  9. PAYMENT
    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.
    2. Our terms are strictly net 14 days (two week) unless agreed in advance and in writing.
    3. We reserve the right to amend the Terms and Conditions at any time.  

 

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