CONTRACT : means this Contract for the provision of Services.
CHARGES : means the monetary consideration for the Services detailed in the Client’s proposal
CLIENT : means the person named in the Contract for whom the Company has agreed to provide the provision of services, in accordance with these conditions.
SERVICES : means any Service forming the subject of this Contract.
- Charges payable in respect of services provided to Client shall be paid within a period of 30 days commencing on the date immediately following the date on the Company's invoice. Initial payment or deposit invoices are due upon receipt irrespective of terms stated on the invoice.
- New web design / development / artwork projects will be charged as follows: 50% of agreed total budget as a non-refundable deposit upon commission; 30% upon agreement of artwork; and the remaining 20% prior to the site going live. Other website projects will be charged as follows: 50% of agreed total budget as a non-refundable deposit upon commission; final balance of 50%payable prior to final delivery.
- No work will be undertaken on any projects until initial payment has been received. Movement from one stage of the project to the next is dependent on cleared payment.
- The Company reserves the right to charge for ad hoc work requested by the Client. Any charges will be will be invoiced at a rate of £125 per hour at the end of each calendar month. The Company will endeavour to notify the Client in advance if these charges are incurred.
- In the event of additional services being requested or provided that fall beyond the original scope of work, the Company reserves the right to make additional charges for such services. The Company will provide the Client with a quote for the additional services prior to commencement of the additional services.
- The Client undertakes to supply all the necessary materials, data, and information required by the Company (“input material”) in a timely manner. In the event of the Client failing to do so, the Company reserves the right to cancel the Contract and charge an additional cancellation fee based on the expenditure for charges, time and other directly related costs expended to the date of this cancellation.
- Should the Client cancel the project before completion of the work, then the Company reserves the right to charge a cancellation fee as detailed in condition 6 above.
- Website and email hosting are charged as a single block period of 12 months payable in advance. Hosting features and usage are provided at the discretion of the Company. Website and email hosting must be cancelled three months in advance of renewal. Failure to cancel within this period will incur a cancellation fee of 50% of the value of the hosting charge. The Company can cancel this Contract at any time without notice.
- Domain names are by default registered in the name of the Company but ownership resides with the Client. Domain renewals incur an administration charge of £50. Domain transfers may incur an administration charge at the discretion of the Company. Notice of intention to cancel a domain must be made in writing three months prior to the date of renewal.
- Maintenance charges cover the cost of backups, content updates & telephone support. Maintenance expressly excludes structural or functional upgrades.
- Damage caused by hacking and other malicious activities may incur additional costs and are outside of the scope of these standard maintenance terms. No warranty is offered or implied against third party attacks of any kind.
- The Contract can be cancelled at any time with three billing months notice. Any work undertaken over and above the work paid will be charged in addition to the monthly invoices at the end of the final billing term.
- Maintenance Contracts have a twelve month duration and can be billed annually or monthly.
- The Client can cancel the maintenance Contract by providing the Company with one month's written notice no less than 90 days prior to the end of the Contract. If no written notice is provided then the service shall be extended for a rolling six month period.
- The Company accepts no responsibility for failure by actions of a third party. Where the Company supplies in connection with the provision of the Services any goods supplied by a third party, the Company does not give any warranty or indemnity in relation to those goods.
- If payment is not made by the due date, the Company shall be entitled, without limiting any other right it may have, to charge interest on the outstanding amount (both before and after any judgment) at a rate of 5% above the base rate from time to time of the Bank of Scotland from the due date until the outstanding amount is paid in full.
- The property and/or copyright or other intellectual property rights in any input material shall belong to the Client. Any material and software supplied by the Company (“output material”) unless otherwise agreed in writing shall belong to the Company, and all output material or other information provided by the Company which is so designated by the Company shall be confidential to the Client; but the foregoing shall not apply to any documents or other materials, data or information which are public knowledge at the time when they are so provided by either party, and shall cease to apply if at any future time they become public knowledge through no fault of either party.
- The Client acknowledges that the Company’s use of any input material will not infringe the copyright or other rights of any third party, and the Company warrants that output material and its use by the Client will not infringe the copyright or other rights of any third party. Each party agrees to indemnify the other for and against loss, damages, costs, expenses or other claims arising from any such infringement.
- The Company shall have no liability to the Client for any loss, damage, costs, expenses or other claims for compensation arising from any input materials of instructions inaccurate, illegible, out of sequence or in the wrong form, or arising from their late arrival or non arrival, or any other fault of the Client and except in respect of death or personal injury caused by the Company’s negligence, or as expressly provided in these conditions, the Company shall not be liable to the Client by any reason of any representation (unless fraudulent), or any implied warranty, condition or other term, or any duty at common law, or under the express terms of the Contract, for any loss of costs, expenses or other claims (whether caused otherwise) which arise out of or in connection with the provision of the Services or their use by the Client, and the entire liability of the Company under or in connection with the Contract shall not exceed the amount of the Company’s Charges for the provision of the Services, except as expressly provided in these provisions.
- The Company shall not be liable to the Client or be deemed in breach of Contract by reason of any delay in performing, or any failure to perform, any of the Company’s obligations under this Contract if the delay or failure was due to any cause beyond the Company’s reasonable control.Digital Marketing
- Work will be undertaken as outlined in the Proposal. Actual services and time utilisation are at the sole discretion of the Company. The Client agrees that the Company will not bank, or roll over unused time unless at the discretion of the Company.
- No guarantees of income, leads, exposure or search engine position are offered.
- Digital Marketing Contracts are for an initial period of six months or as varied in the proposal document (“initial Contract period”). Fees will be collected by monthly direct debit and invoiced in advance.
- The Client may terminate the Contract 90 days prior to the end date of the initial Contract period if a fixed duration is agreed. Notice of termination must be given to the Company in writing. The Contract will renew for a further rolling 90 day period should no cancellation notice be given. The Client can terminate this Contract at any time giving three calendar month's written notice. If the contract is a rolling one then the client agrees to provide three calendar months notice of cancellation once work has begun.
- The Client agrees that the Company may, at its discretion, recharge third party costs without prior approval up to a value not exceeding 10% of the total monthly Contract budget as detailed in the Proposal Where third party costs are incurred, these will be invoiced separately in the month that the spend occurs. The Client agrees to pay all additional third party costs over and above the pre approved 10% where written agreement has been sought and received in advance.
- The Client agrees to inform the Company in the event that third party suppliers are working on website, digital platforms, search engine marketing, pay per click adverts or any other area which could be fairly deemed “digital marketing” elements. The Client agrees that any 3rd party suppliers approved by the Company will work under the guidance and authority of the Company. Should the Client engage and not seek approval or continue to work with said third party subject to approval being denied then the Client shall be deemed to be in breach of Contract and the Contract cancelled immediately. Should this be the case the Client agrees to pay 60% of the remaining Contract period value.
- Services may be halted at the discretion of the Company on the basis that the Client's website is not fit for purpose, fails to operate, needs significant remedial work or for any other reason where the Company feels that for technical reasons the project cannot make progress. Under these circumstances the Company will inform the Client in writing and will halt work and reduce the monthly invoice to a base £125 per month. For each calendar month of work halting the Contract will be extended for one additional calendar month. Should no clear progress be made on the factor which halted work then the Client will be in breach of Contract and Cancelled as described previously. Should this be the case the Client agrees to pay 60% of the remaining Contract period value
- The ‘Amplify Groups’ product is provided as an annual product where the cost is split into twelve monthly payments. Once the program begins the Client accepts that the product has been delivered in full. If the Client curtails their participation, for whatever reason, then they agree to continue monthly payments and, or an agreed compromise balance at the discretion of the Company.
- All charges for Amplify Groups will be in advance and by either Direct Debit or Credit Card ( Stripe ). The Client agrees to maintain an active Direct Debit profile where this has been indicated a payment preference. Failure to do so may result in an additional admin fee of £50 per missed DD payment..