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Terms & Conditions

Copyright Notice

Unless otherwise stated, the copyright and any other rights on all material on this site are owned by Spot Creative Design You are permitted to print and download extracts from this site on the following basis:

Use of documents and related graphics on this site is for information and/or personal and/or business use only; Any copies of these pages saved to disk or to any other storage medium may only be used for subsequent viewing purposes or to print extracts for personal or business use; No documents or related graphics on this site are to be modified in any way; Graphics on this site are not to be used separately from the accompanying text; No part of this site may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without prior written permission from Spot Creative Design

Any rights not expressly granted in these Terms are reserved.

Terms of Use

Access to and use of this site is provided by Spot Creative Design, subject to the following Terms and Conditions. Use of this site constitutes your acceptance of these Terms and Conditions, which take effect when you first use this site. Spot Creative Design reserves the right to change these terms and conditions at any time by posting changes online. You are responsible for regularly reviewing information posted, online to obtain timely notice of such changes. Your continued use of this site after changes are posted constitutes your acceptance of this agreement as modified by the posted changes. Whilst Spot Creative Design endeavours to ensure that this site is normally available 24 hours a day, Spot Creative Design will not be liable if for any reason the site is unavailable at any time or for any period.

Access to this site may be suspended temporarily or permanently without notice. Whilst Spot Creative Design tries to ensure that the information on this site is correct, no warranty, express or implied, is given as to its accuracy and Spot Creative Design does not accept any liability for error or omission. Spot Creative Design shall not be liable for any damages (including, without limitation, damages for loss of business or loss of profits) arising in contract, tort or otherwise from the use of or inability to use this site, or any material contained in it, or from any action or decision taken as a result of using this site or any such material.

Spot Creative Design accepts no responsibility for the content of any site to which a hypertext link from this site exists. Such links are provided for your convenience on an "as is" basis with no warranty express or implied for the information provided within them. If any of these terms should be determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which these terms are intended to be effective, then to the extent and within the jurisdiction in which that term is illegal, invalid or enforceable, it shall be severed and deleted from the clause concerned and the remaining terms and conditions shall survive, remain in full force and effect and continue to be binding and enforceable.

By accessing any part of this site, you should be deemed to have accepted these Terms in full. These Terms shall be governed by and construed in accordance with English law.

 

The following terms and conditions apply to all website development / design services provided by Spot Creative Design to the Client.

1. Acceptance

It is not necessary for any Client to have signed an acceptance of these terms and conditions for them to apply. If a Client accepts a quote then the Client will be deemed to have satisfied themselves as to the terms applying and have accepted these terms and conditions in full. Please read these terms and conditions carefully. Any purchase or use of our services implies that you have read and accepted our terms and conditions.

2. Charges

Charges for services to be provided by Spot Creative Design are defined in the project quotation that the Client receives via e-mail. Quotations are valid for a period of 30 days. Spot Creative Design reserves the right to alter or decline to provide a quotation after expiry of the 30 days.

Unless agreed otherwise with the Client, all website design services require an advance payment of a minimum of 50% of the project quotation total before the work commences. A second charge of 50% of the project quotation total is due upon completion of the work, prior to upload to the server or release of materials. Please note the advance 50% payment (deposit) is non refundable for any project, unless no work has been started by Spot Creative Design

Payment for services is due by cheque, debit card or bank transfer. Cheques should be made payable to Spot Creative Design and sent to Richmond House, 105 High Street, Crawley, West Sussex RH10 1DD. Bank details will be made available on invoices.

3. Client Review

Spot Creative Design will provide the Client with an opportunity to review the appearance and content of the website during the design phase and once the overall website development is completed. At the completion of the project, such materials will be deemed to be accepted and approved unless the Client notifies Spot Creative Design otherwise within ten (10) days of the date the materials are made available to the Client.

4. Turnaround Time and Content Control

Spot Creative Design will install and publicly post or supply the Client's website by the date specified in the project proposal, or at date agreed with Client upon Spot Creative Design receiving initial payment, unless a delay is specifically requested by the Client and agreed by Spot Creative Design, or Spot Creative Design have any technical issues or experiences that slow down the development process.

In return, the Client agrees to delegate a single individual as a primary contact to aid Spot Creative Design with progressing the commission in a satisfactory and expedient manner.

During the project, Spot Creative Design will require the Client to provide website content; text, images, movies and sound files

5. Failure to provide required website content:

Spot Creative Design is a small business, to remain efficient we must ensure that work we have programmed is carried out at the scheduled time. On occasions we may have to reject offers for other work and enquiries to ensure that your work is completed at the time arranged.

This is why we ask that you provide all the required information in advance. On any occasion where progress cannot be made with your website because we have not been given the required information in the agreed time frame, and we are delayed as result, we reserve the right to impose a surcharge of up to 25%. Unless all content is provided by the Client prior to any work taking place, Spot Creative Design have the right to delay the project. If your project involves Search Engine Optimisation we need the text content for your site in advance so that the SEO can be planned and completed efficiently.

If you agree to provide us with the required information and subsequently fail to do within one week of project commencement we reserve the right to close the project and the balance remaining becomes payable immediately. Simply put, all the above condition says is do not give us the go ahead to start until you are ready to do so.

NOTE: Text content should be delivered as a Microsoft Word, email (or similar) document with the pages in the supplied document representing the content of the relevant pages on your website. These pages should have the same titles as the agreed website pages.

6. Payment

Invoices will be provided by Spot Creative Design upon completion but before publishing the live website. Invoices are normally sent via email; however, the Client may choose to receive hard copy invoices. Invoices are due upon receipt. Accounts that remain unpaid thirty (30) days after the date of the invoice will be assessed a service charge in the amount of the higher of one and one-half percent (1.5%) or £30 per month of the total amount due.

7. Additional Expenses

Client agrees to reimburse Spot Creative Design for any additional expenses necessary for the completion of the work. Examples would be purchase of special fonts, stock photography etc.

8. Web Browsers

Spot Creative Design makes every effort to ensure websites are designed to be viewed by the majority of visitors. Websites are designed to work with the most popular current browsers (e.g. Firefox, Internet Explorer 8 & 9, Google Chrome, etc.). Client agrees that Spot Creative Design cannot guarantee correct functionality with all browser software across different operating systems.

Spot Creative Design cannot accept responsibility for web pages which do not display acceptably in new versions of browsers released after the website have been designed and handed over to the Client. As such, Spot Creative Design reserves the right to quote for any work involved in changing the website design or website code for it to work with updated browser software.

9. Default

Accounts unpaid thirty (30) days after the date of invoice will be considered in default. If the Client in default maintains any information or files on Spot Creative Design Web space, Spot Creative Design will, at its discretion, remove all such material from its web space. Spot Creative Design is not responsible for any loss of data incurred due to the removal of the service. Removal of such material does not relieve the Client of the obligation to pay any outstanding charges assessed to the Client's account. Cheques returned for insufficient funds will be assessed a return charge of £25 and the Client's account will immediately be considered to be in default until full payment is received. Clients with accounts in default agree to pay Spot Creative Design reasonable expenses, including legal fees and costs for collection by third-party agencies, incurred by Spot Creative Design in enforcing these Terms and Conditions.

10. Termination

Termination of services by the Client must be requested in a written notice and will be effective on receipt of such notice. E-mail or telephone requests for termination of services will not be honored until and unless confirmed in writing. The Client will be invoiced for design work completed to the date of first notice of cancellation for payment in full within thirty (30) days.

11. Indemnity

All Spot Creative Design services may be used for lawful purposes only. You agree to indemnify and hold Spot Creative Design harmless from any claims resulting from your use of our service that damages you or any other party.

12. Copyright

The Client retains the copyright to data, files and graphic logos provided by the Client, and grants Spot Creative Design the rights to publish and use such material. The Client must obtain permission and rights to use any information or files that are copyrighted by a third party. The Client is further responsible for granting Spot Creative Design permission and rights for use of the same and agrees to indemnify and hold harmless Spot Creative Design from any and all claims resulting from the Client's negligence or inability to obtain proper copyright permissions. A contract for website design and/or placement shall be regarded as a guarantee by the Client to Spot Creative Design that all such permissions and authorities have been obtained. Evidence of permissions and authorities may be requested.

13. Standard Media Delivery

Unless otherwise specified in the project quotation, this Agreement assumes that any text will be provided by the Client in electronic format (ASCII text files delivered on floppy disk or via e-mail or FTP) and that all photographs and other graphics will be provided physically in high quality print suitable for scanning or electronically in .gif, .jpeg, .png or .tiff format. Although every reasonable attempt shall be made by Spot Creative Design to return to the Client any images or printed material provided for use in creation of the Client's website, such return cannot be guaranteed.

14. Design Credit

A link to Spot Creative Design will appear in either small type or by a small graphic at the bottom of the Client's website. If a graphic is used, it will be designed to fit in with the overall site design. If a client requests that the design credit be removed, a nominal fee of 10% of the total development charges will be applied. When total development charges are less than £5000, a fixed fee of £500 will be applied. The Client also agrees that the website developed for the Client may be presented in Spot Creative Design's portfolio.

15. Access Requirements

If the Client's website is to be installed on a third-party server, Spot Creative Design must be granted temporary read/write access to the Client's storage directories which must be accessible via FTP. Depending on the specific nature of the project, other resources might also need to be configured on the server.

16. Post-Placement Alterations

Spot Creative Design cannot accept responsibility for any alterations caused by a third party occurring to the Client's pages once installed. Such alterations include, but are not limited to additions, modifications or deletions.

17. Domain Names

Spot Creative Design may purchase domain names on behalf of the Client. Payment and renewal of those domain names is the responsibility of the Client. The loss, cancellation or otherwise of the domain brought about by non or late payment is not the responsibility of Spot Creative Design The Client should keep a record of the due dates for payment to ensure that payment is received in good time.

18. General

These Terms and Conditions supersede all previous representations, understandings or agreements. The Client's signature below or payment of an advance fee constitutes agreement to and acceptance of these Terms and Conditions. Payment online is an acceptance of our terms and conditions.

19. Governing Law

This Agreement shall be governed by English Law.

20. Liability

Spot Creative Design hereby excludes itself, its Employees and or Agents from all and any liability from:

  • Loss or damage caused by any inaccuracy;
  • Loss or damage caused by omission;
  • Loss or damage caused by delay or error, whether the result of negligence or other cause in the production of the web site;
  • Loss or damage to clients' artwork/photos, supplied for the site. Immaterial whether the loss or damage results from negligence or otherwise.

The entire liability of Spot Creative Design to the Client in respect of any claim whatsoever or breach of this Agreement, whether or not arising out of negligence, shall be limited to the charges paid for the Services under this Agreement in respect of which the breach has arisen.

21. Severability

In the event any one or more of the provisions of this Agreement shall be held to be invalid, illegal or unenforceable, the remaining provisions of this Agreement shall be unimpaired and the Agreement shall not be void for this reason alone. Such invalid, illegal or unenforceable provision shall be replaced by a mutually acceptable valid, legal and enforceable provision.

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