Terms & Conditions
1. Order & Service Terms
- Once you are ready to proceed we send over a formal order confirmation. The work to be carried out and amount to be charged shall be as set out in this Order Confirmation. It is our policy to confirm all project detail in writing to avoid any misunderstanding and confusion. The formal order confirmation details the project outline, costs and full terms and conditions. Only the items set out in the order confirmation are included in the quoted price. It is your responsibility to check the order detail includes everything you require and that we have definitely understood what was requested before you make payment and confirm your order. Payment constitutes your confirmation of order and acceptance of all our terms of service.
- We will only commence work on a project after receipt of cleared funds of the non-refundable deposit or fee quoted in the order confirmation.
- We require full 100% prepayment for orders below £2,000, 75% deposit for orders under £3,000 and a 50% deposit for orders over £3,000. For website orders over £3,000, a further 25% order progression stage payment is required.
- 100% prepayment is required for all print orders and website development projects carried out directly on clients own hosting environment.
- An express order fee will be added to urgent fast track orders. Also FULL 100% order prepayment is required prior to commencement.
- Quoted standard prices and time lines are valid for 14 days from issue date only. If you wish to confirm an order after this time then you must first enquire to see if the quoted price and delivery time is still valid. Discounted prices are provided at our sole discretion and not guaranteed for any period of time.
- If for any reason (business, personal or financial) you change your mind or decide not to continue with your project you will still be liable to pay the full amount set out in the order confirmation as time would have already been invested to arrange resources and perform tasks for your project. At our discretion and depending on the individual circumstances and time of cancellation notification we may consider otherwise. Please note that appropriate action will be taken to recover any due amounts.
- Any fees paid for our services are non-refundable, however we may at our discretion offer to apply any unused fees, less an administration charge against alternative services should your requirements change.
- For web & graphic design projects, we will make unlimited revisions until you are satisfied, however reserve the right at our discretion to charge extra for any additional work or major changes to the original brief. For any additional requests whether paid or included at our discretion, the project timeline will be extended accordingly to fit within our current work schedule.
- Quotes for website projects only include the pages and functions detailed in the order confirmation. A standard website page is a static web page with basic static content like text and images. Any other functionality like dynamic/moving content, advanced menus, slideshows, forms, galleries and alike are considered a special function and would be specifically listed in the order confirmation if they were included in the quote. It is important that you check your order confirmation to make sure it includes everything you require because all additional function requests would be charged as extra.
- For website projects all content i.e. any text, images, music, video files etc. must be provided to us for entry unless content writing, photography, image sourcing or media services are ordered in conjunction with your website. A standard website fee only includes the design and build of the site, along with one set of some initial data entry to show the website functions work as per the project brief agreed.
- We are not responsible for checking or sourcing any content i.e. we will not read your text and check for errors, edit your images or source any images or media unless this service has been ordered as extra. Content writing and image editing are general skills and it is not the responsibly of any website company to assist you with this. We may provide you with useful links that can offer advice but this would be out of goodwill. We would not support this and it is not our obligation to provide training for general skills of this nature.
- Quotes for website projects include only the data migration/entry listed in the order confirmation. If no set amount of data entry is specified then only ONE set of a few sample items/articles/products would be entered to show that the website functions work and are displayed and designed to your preference. For existing website projects, data migration for info such as customers and historical records are not included unless stated. As the amount of data migration/entry varies for every website project, it is always charged as an additional cost and this can be quoted for on request. Final content must be submitted ONCE using the provided website content form. Any subsequent changes required to content can either be quoted for or updated by yourself within the website system. Please note that the nature of CMS type websites is that they are managed by business administrators/owners so instructions are always provided so content can be self-maintained.
- Website content must be provided to us using our website content form and all additional files i.e. images and media should be prepared and sent to us in one batch in the required format specified via an agreed file transfer service such as dropbox. Additional fees may apply if you send your content unorganised in multiple emails and this would increase the processing time required. If any additional changes are required to content after the first set has been entered, then a login and instructions will be provided so you can make these updates yourself.
- All websites we create are built SEO friendly however Search Engine Optimisation is completely separate service to website design and development. SEO is an ongoing service and the cost would depend on the specific requirements of each site. SEO evaluation and redirects are not provided as standard but additional services can be quoted for on request.
- For photography projects, the images produced can only be used in accordance with the usage terms set out in order confirmation. Photographs will be provided in digital format only unless otherwise stated. The balance of photography orders must be paid in full before high resolution images can be released. Any copyright terms agreed will only be valid after full payment has been received.
- We can only keep to agreed deadline dates if you submit necessary content in the required format, via the method we specify and if you reply to any questions we have accurately and promptly. If you do not provide content and reply within a reasonable time then your project will need to re join the current work queue. Work queue times vary throughout the year but usually range from approx 1 to 4 weeks. For adhoc jobs we only place your project in the work queue once payment and the required content has been received.
- The final payment balance for orders is to be paid in accordance with the invoice payment terms. For website projects this is required prior to launch.
- Final completed files will only be released and permission for use will only be granted after full cleared payment balance has been received. It is illegal to use any work provided by us that has not been paid for.
- In the event of late payment, we reserve the right to charge interest and take sites offline until the final balance is settled.
- If you are on a payment plan then instalments should be paid by the due dates set out in the Order Confirmation.
- If we receive no communications from you regarding the processing/finalisation of your project for a 2 month period and you make no effort to contact us to explain your non-communication then any deposit paid will be lost and you may still be liable to pay the full order amount. We levy a £150 admin charge if a client later returns and wishes to continue work on their project.
- We do not store or retain any client/project data, files or content after final completion of a job. After 30 days all project data and files are removed from our systems. You should ensure that you keep any important information and files supplied in a safe place and as standard carry out backups in case of any damage or loss to your devices. If for any reason you require any data or files to be resent after 30 days then we would need to quote you for recreating the work required.
- We treat information and details provided to us for use in projects as confidential; therefore we would not disclose such information unless required to by law. We use such information for only the purpose instructed as required by the project. Information can be described as and includes: Invention description(s), technical and business information relating to proprietary ideas and inventions, ideas, patentable ideas, trade secrets, drawings and/or illustrations, patent searches, existing and/or contemplated products and services, research and development, production, costs, profit and margin information, finances and financial projections, customers, clients, marketing, and current or future business plans and models. After completion of a project we may choose to display work visuals i.e. a website design, logo design etc. on our website/marketing materials unless a special agreement has been put in place prior for us not to do so.
- Email is the official method of contact to ensure instructions are communicated in writing, should any issues arise. It is not our policy to follow up on emails we send, it is your responsibility to actively check emails for project related updates and communications. We operate a scheduled call system to ensure a member of your designated account team is made available to discuss any questions you have. We cannot guarantee a team member familiar with your project will be available if you call in at unexpected times. Also as our telephone lines can get very busy, it is more effective to email in to arrange and agree a set call time suitable for both parties. We can offer flexible call times to accommodate different schedules and timezones. Some of our lower/discounted priced services/packages include email only contact/support.
- All timelines quoted are in working days i.e. not including weekends.
- Discounted services, special project terms and express services are provided only on the basis that a testimonial and link back is provided. Testimonials should be provided within 7 days of project completion otherwise the balance of the full standard price will be charged and due for payment within 10 days.
- We build custom websites using the best CMS platform suited for the project. Working with well known CMS products provides clients with freedom and peace of mind as there are thousands of other companies and developers worldwide that could support the system.
- The website home page design is initially prepared in static format for approval prior to live development. You have unlimited design revisions but any amendments to design must be advised and dealt with within the design stage. If any amendments are requested after design approval these will be chargeable as much more work and technical programming is required to change design aspects on a live website.
- If it is necessary to use placeholder images on your website design drafts due to your own photographic images not being available yet then these should only be used for example viewing purposes. Website drafts containing placeholder images should not be publicly displayed or posted anywhere as it would be considered copyright infringement to use 3rd party images without permission.
- We design websites to display acceptably with the latest versions of the current most popular browsers: Internet Explorer, Mozilla Firefox, Chrome and Safari. It is impossible to guarantee correct functionality with all browser versions and operating systems but we make every effort to ensure websites can be viewed by the majority of visitors.
- Standard web development does not include mobile device compatibility. Ensuring full mobile device compatibility requires additional development and may even require a separate mobile device site to be built. Quotes do not include any mobile device compatibility or testing unless specified.
- We build all websites search engine friendly and enter any global meta information supplied by yourself into the meta title and description of the website.
- We create all websites with suitable security to protect against known threats at the time of build. Website hacks can never be 100% prevented as new ways to exploit sites are created every day (for example just like new computer viruses). In order to reduce the risk of your site being compromised it is recommended that you update your website security at least once a year. We strongly recommend you arrange for backup and security update services with us or with another experienced website technician/company to minimise the likelihood of a hack and the time required to restore should an exploit occur. Any work required to repair/restore a site after a hack would be quoted and charged for unless you have a website maintenance contract with us.
- We have no control of, or responsibility for the content of your website. Should any legal issues or claims arise from the content or copyright of any content supplied they will be your sole responsibility.
- You are the publisher of the website and will provide and own the copyright for all content published on your website. Copyright of the design and completed website pages, code and source files created for the project will only be passed to you upon final payment.
- You are permitted to use the design on the one agreed website domain name only. You are not permitted to use the design for more than one website without prior written agreement (additional costs may apply).
- Our website link will be placed at the footer of all custom websites created and designed by us unless prior written agreement is given to exclude. An extra charge may apply for link removal.
- We provide hosted cart setup & customisation services. Hosted carts are 3rd party solutions and fees are payable to whichever hosted cart company you choose to use. All technical issues and usage support is looked after by the hosted cart company and you would contact them about ALL functionality related issues. We only provide services for the initial setup and customisation and our services can only be carried out within the limitations and default functions of the hosted cart system.
- Projects often include the setup and use of 3rd party systems/themes/apps/addons etc. Our services are solely to configure and set these up within their limitations as per your requirements. 3rd party solutions are the responsibility of the provider and we have no control or responsibility for reliability, conflicts or performance issues and we would not provide compensation/refunds of any nature. After a 3rd party solution has been installed as per your specific requirements, we would not continue to monitor ongoing. Future monitoring and queries would be your responsibility and any issues should be raised directly with the 3rd party solution provider, although we can quote for assistance on request.
2. Website Domains & Hosting
- Renewal of hosting or domains is due on a yearly or quarterly basis depending on your package. The date of renewal will be detailed on the invoice issued. The hosting or domain will not be renewed if we do not receive payment by the due date or if no response is received from contact attempts. Automated renewal reminders will be sent via email only so you should ensure you update us if you change your email address. You will risk losing your website files, emails and domain name if payment for renewals is not received by the due date.
- For sites hosted with us, we reserve the right to deactivate any website where the hosting has expired. There will be an admin fee of £150.00 set for retrieving the website files and reactivating the website/hosting. Files can only be restored up to a certain time period, after this all files including emails would be permanently deleted from our servers.
- If a request is made to move a domain name to another registrar, we will charge an administration fee of £35.00 (this charge does not include any registration fees or amendments).
- Website hosting is a separate service to website design and there is no tie-in between the two. You have full access to your site files and hosting control panel functions.
- Web hosting can be upgraded or cancelled at any time by sending an email to: email@example.com. If upgraded, the difference between hosting packages will be charged (calculated over the remainder of the contracted year term). If cancelled any outstanding fees for past usage must be paid in full but there is no requirement to give notice or pay a cancellation fee. Any fees already paid for hosting services are non-refundable.
- As with all hosting companies we will use our reasonable endeavours to make hosting servers available all of the time. We cannot guarantee access to servers will be uninterrupted or error free but shall use reasonable endeavours to keep downtime to a minimum. We shall make all commercially reasonable efforts to provide you with advanced notification of any scheduled and emergency outages.
- Compensation or service credits are not given for any form of downtime or service unavailability.
- It is your responsibility to maintain appropriate and up-to-date back-up copies through your control panel of any data, information or other material you upload (or permit to be uploaded) onto our servers. It is not the policy of hosts to backup client sites so you should never rely on being able to obtain any form of back up, therefore it is important that you either carry out your own back ups or arrange for a back up service.
- Hosting control panel login information is sent out automatically once either the website project and/or hosting has been paid for in full. If for any reason you do not receive your login information then you should contact us to obtain this so you are able to access your hosting control panel successfully.
- In the event of any loss or damage to our servers, your sole and exclusive remedy will be for us to use reasonable commercial efforts to restore the data on our servers (including your material) from the latest back-up we maintained in accordance with our archiving procedure. We will not be responsible for any loss, destruction, alteration or disclosure of your Material caused by you or any third party.
- For Domains and Hosting not managed by us: It is your full responsibility to renew domain names and or hosting with the relevant companies when due. If a domain name or hosting expires, we cannot be held liable for any losses as we have no control over domain names and hosting not managed by us.
3. Contacting Creative Web Co / Kaiz Creative Agency
Our standard office hours are 10am to 5pm from Monday to Friday. We deal with enquiries and process work during these times only, however we also provide out of ours technical support for emergency issues. Our office is closed on weekends, standard/bank holidays and during the Christmas to New Year period.
If you call us and our telephone lines are busy please ENSURE you leave a voicemail so we are able to return your call.
Email is the recommended method of contact to ensure instructions are communicated in writing, should any issues arise.
For urgent or out of hours support we recommend you contact us by ALL methods listed below:
We cannot guarantee a set response time, however we aim to respond to urgent issues as soon as possible and this is often within 1 hour.
KEY PROJECT INFORMATION
- Project timelines are calculated based on the current work queue length, not the amount of time it takes to process work. A project is only booked into the work queue once an order has been confirmed, it is not necessarily immediately started on payment date.
- Due to the amount of enquiries we receive, the work queue is constantly changing. The timeline and quote offered is calculated based on the length of the current work queue at the time of issue, after this time we would need to re quote based on the current work queue status.
- Project updates are provided by email at stages when we require information and feedback from you and projects are always delivered within the timeline provided.
- Content and communications must be received in a timely manner in order for the quoted timeline to be met.
- Our costs include the setup of any features mentioned only to work as per the default functionality of Shopify and your chosen theme if applicable. If any further advanced customisation, functionality or dynamic features are required then these will need to be quoted for accordingly. Theme costs are payable directly to Shopify and are not included in our fees.
- Shopify customisations can only be carried out within the limitations of the system. Any workarounds implemented could be affected if Shopify updates its system or if you add additional features or apps. Any amendments required to reinstate customisations after a system/app change would be quotable.
- The Shopify native system provides the basic general functionality required to sell online but for more advanced functionality it often needs to be extended with custom development and additional paid apps, for example features such as advanced/conditional/multi column/image menus, favourites/wishlist, sophisticated discount formulas, out of stock notify, loyalty programs, multi language, product bundles and product builder/customisation functionality would all require system development and/or additional paid apps as listed here: https://apps.shopify.com
- Mobile/responsive display and functionality will work as per your website template/theme. Any specific adjustments to this are not included in standard website project prices but can be quoted for on request.
- Your website speed is determined by Shopify and the website theme/template used. Standard website development pricing does not include analysing and optimising this further or actioning any recommendations from tools such as Google Insights, Pingdom, Google Analytics etc. Site optimisation is a specialist service that would need to be quoted for on request, pricing depending on the size/design and requirements of each individual site.
- Standard website project quotations do not include importing existing website customers or order information unless specified.
- Standard website project quotations do not include SEO redirects or any SEO ranking transfer or evaluation unless specified. It is your responsibility to be aware and take steps to transfer any site ranking you want to retain.
- Any stock photo credits included in website projects must be selected and used within 2 weeks of project launch date. After this time any unused credits will be cancelled and can no longer be redeemed.
- 3rd party apps, addons, plugins & widgets are the responsibility of the developer or system and we have no control or responsibility for reliability or performance issues. If for any reason a 3rd party function fails or suffers service interruptions then we cannot be held responsible and we do not provide compensation of any nature.
- After a 3rd party app has been installed, tested and approved to be working for your specific requirements, we would not continue to test or monitor again in future. Future monitoring of the 3rd party tool would be your responsibility ongoing and any issues should be raised directly with the 3rd party provider, although we can provide a quote for support services on request.
- We offer some special low cost website setup packages suited to those that have already planned out what they require and just need someone to put their vision together. In order to keep the prices of these packages competitive, all communication is carried out via email only.
- Although we like to provide helpful business advice, this is limited to the website development process/project in hand. If additional help & advice is required then we do provide useful business consultancy services that can be booked adhoc or arranged by monthly subscription.
- Standard instruction guide links are provided for general site functionality, but full spec technical handover presentations, training sessions and documentation is not standard practice for SME website projects, however this can be documented and provided on request for an extra charge.
- Due to the nature and high demand of our services, our telephone lines often get very busy so it is recommended that requests for calls be scheduled via email so we can be sure to book in enough time to assist and address any questions.