Terms and Conditions
1. OUR INTELLECTUAL COPYRIGHT:
We will hold intellectual copyright of any material, including any source code and original images created for the client until payment of the final invoice. It will then become the property of the client.
2. CLIENTS RESPONSIBILITIES WITH REGARD TO COPYRIGHT:
In situations where the client provides imagery, text content, video and animations for their website, then they are legally responsible for ensuring that this material does not infringe any copyright.
Some images provided by us in the construction of the website may have been purchased under licence from stock image suppliers such as Unstock.
3. LIMITATION OF LIABILITY/INDEMNIFICATION:
Neither party will be liable to the other for special, indirect or consequential damages incurred or suffered by the other arising as a result of or related to the performance of our work, whether in contract or otherwise, even if the other has been advised of the possibility of such loss or damages.
Our total liability under these conditions with respect to the work, regardless of cause or theory of recovery, will not exceed the total amount of fees paid by the client to us for this individual project.
4. SEARCH ENGINE PROMOTION:
We are not by default responsible for the client’s on-going web site promotion unless otherwise engaged. If the client requires the site to be promoted on an ongoing basis a separate contract must be agreed. The order in which websites are ranked in the search results is controlled by the search engines i.e. Google. We will endeavour to ensure that your site is successful in the search rankings through a carefully optimised build using WordPress plugins, specifically Yoast.
However, search engines frequently change their retrieval methods and you accept that we cannot be held responsible for future rankings under this contract.
5. QUOTATIONS AND PROPOSALS:
The price quoted to the client is for the work agreed on the quotation only. Should the client decide that new features are required after work on the website commences, then we will accept these changes with the provision that additional charges may have to be negotiated and accepted by the client before the additional work can be done.
6. POINT OF CONTACT AND THIRD PARTIES:
The principal points of contact for all matters relating to the project must be specified at the start of the project. we reserve the right to charge additional fees to cover our time if a third party is brought into the project after the start or the point of contact(s) are changed leading to a change in specification / design from that agreed with the original point of contact.
7. ADVANCE PAYMENTS:
We require a deposit of 50% on all projects. The exact amount will be specified in the details part of your contract. Work will not commence on a project until this has been paid and this contract has been verbally agreed or agreed via email.
Depending on the size of the project, we may ask for interim payments at key stages which are agreed in advance or a final payment of 50% upon completion of the project which will be invoiced and paid before the site goes live.
On occasion we do agree more flexible payment plans and these are judged on a per project / client basis.
Payment is currently accepted via Bank Transfer or credit / debit card at our online billing site or over the phone.
The remaining balance on a full site build project must be paid in full before we put a site live on our servers or before we release a site to external hosting. The only exception for this is if we have agreed a staged payment plan in which case the first payment under the plan must be made by the client before the site is made live.
If payments fall into arrears on an agreed payment plan, then we reserve the right to suspend the website until the payments are brought up to date. An admin fee of £20 is charged for each missed Payment.
For smaller pieces of work that are not part of a full site build and for hosting fees, we normally offer 14 day terms but reserve the right to as for partial or full payment up front depending on circumstances. A credit check may be required under certain circumstances before we can offer credit.
Subsequent annual subscription or licence payments will be in advance on the anniversary of the initial payment.
If payments are not received by the due date for payment you will be asked to pay us interest on the amount unpaid in accordance with the Late Payment of Commercial Debts (Interest) Act 1998 (currently 13.75%) without prejudice to any other remedy available to us.
If payments are not received by us on the due date (14 days after issue) we reserve the right to suspend our services until such time as payment is received in full (without prejudice to any other remedy available to us) with suitable allowances then being made to any timescales. A standard £50 charge will be made to reinstate any services that have been suspended. In addition user rights and access to the administration area of the website will be restricted.
If you wish to cancel your contract you are required to do so in writing giving 30 days notice and cancellation will only be effective on receipt of such notice. If the design and build is not complete you will be required to pay the balance of our 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.
In the event of cancelling your contract, your website will be taken offline the day after the contract expires. Once all sums due have been settled, Freshspace Limited will cooperate with the smooth transfer of hosting of the domain and pass over ownership of any website files as requested.
10. FUTURE WORK:
The website is provided to and accepted by the client as a fully functioning, completed work. By agreeing for the site to go ‘live’, the client is accepting that they have checked and are fully satisfied with the site.
Any future structural or design changes to the site may require the issuing of a new quotation.
11.COMPLIANCE WITH E-COMMERCE, ACCESSIBILITY AND OTHER REGULATIONS
Freshspace design websites in accordance with the client’s specifications. It is the client’s responsibility to ensure that the website and its content comply with current regulations. We cannot accept responsibility for any failure to comply with regulations related to accessibility, selling online or regulations related to a specific business or trade. We recommend that where compliance related to any website or business is complex it may be necessary for the client to take legal advice from their solicitor.
12. MOBILE AND TABLET DEVICES:
We endeavour to ensure that your site adapts to the screen resolution being used to view it on the most common mobile devices available at the time of the site creation. However, new devices and technology are introduced at frequent intervals and we cannot guarantee the site will always function perfectly on new devices that are created and launched after the site goes live.
Any website containing creative or functional input by Freshspace shall be hosted, maintained and supported by Freshspace.
A hosting invoice will be raised for each website 11 months after the initial commencement of the hosting. Hosting invoices will then be raised on an annual basis.
If the site is to be hosted externally, then the client accepts that we have no control over the server performance, security or backup policies on that server and the client agrees that we have no responsibility or requirement to compensate for any loss of revenue or damage to reputation caused by poor performance, malicious behaviour on the website, downtime or data loss as a result of the client’s external hosting platform and back up strategy.
If we are required to repair or restore a site on external hosting, then additional fees will be payable.
These terms are governed by English law and are subject to the jurisdiction of the English Courts.
Should we waive any of these terms on an individual basis, this shall not affect the validity of remaining clauses or commit us to waive the same clause of any other occasion. By agreeing to these terms your statutory rights are not affected.