OUR TERMS AND CONDITIONS
Please read these Terms and Conditions carefully as they will form a contract between us and you; your acceptance of which is agreed from the moment you sign our 12 Month Website Agreement.
We have tried to keep these Terms and Conditions brief, easy to understand, and as straightforward as possible. If you have any questions however, please do not hesitate to contact us.
You : (‘the Client’)
Us : (StartPoint, and hereinafter referred to as ‘the Company’)
The Project : (the body of work that is being undertaken, normally consisting of several connected parts, such as consultation, graphic design, website development, hosting and SEO)
What do both parties agree to?
- The Client agrees to:
- Provide the Company, within a reasonable timescale, everything that is requested from you to complete the Project including text, images and other information.
- Provide the Company with text and images in the format as stated below (see photographs and images)
- Review the Company’s work, provide feedback, and signoff approval in a timely manner.
- Make every effort to adhere to all agreed deadlines.
- Adhere to the payment schedule of a single payment (totalling your package price) every set day of a month for a 12 month period.
- Advise, in advance, of any confidential information to be presented by email, written, or verbally, between both parties. Also, for this to be marked as ‘confidential’ in the subject of the email, or clearly on any written documents.
- Provide a minimum of one months notice in writing, or by email should you wish to cancel any contract.
- The Company agrees to:
- Carry out services in a professional and timely manner.
- Make every effort to adhere to any deadlines agreed between us and you.
- Make a reasonable number of revisions to the design, layout, colours etc, until you are satisfied with the design concept or such time as both parties feel an agreement is likely to be reached but no more than 2 major revisions. Additional revisions or design work outside the scope of the project will be charged separately.
- Maintain up to date skills and knowledge through regular training and research.
- All websites are developed to work primarily across all major browsers and platforms including other devices such as mobile phones and touchpads. However, the Company cannot guarantee complete and/or long term compatibility across every major browser, platform or handheld device due to updates/upgrades by their respective vendors.
- The Company cannot guarantee compatibility in old or redundant browser software.
Payments and Contract Lengths
- The package price will remain the same amount each month throughout the initial 12 month contract
- After the 12 month contract the client will be automatically placed onto a reduced rolling single monthly contract that covers their hosting and domain renewal
- The company has the right to charge the client up to 85% of the total web development costs, should the client cancel the website agreement after the design concepts have been agreed but prior to the website going live. The scale of the charge will be dependent on what stage the project is at when the cancellation takes place.
- Once the site goes live any early cancellation of your standing order during the first 12 months will be deemed a break in contract. In this case you would be liable for the balance of the contract to be paid with immediate effect plus a £10 admin fee (The admin fee covers time taken to discover the cancellation, generating an invoice and posting)
- Alterations to standing order mandates to reflect new or changed contracts are the sole responsibility of the client.
- Overpayments to the Company as a result of not updating a standing order mandate will not be reimbursed to the Client. Underpayments or missed payments, however, shall be backdated to the point at which the underpayment or missed payment was discovered and the Client shall be responsible for bringing their account up to date within a reasonable period of time.
- Contract lengths are normally 12 months unless agreed beforehand between the Client and the Company.
- The company reserves the right to change the package price after the initial 12 month contract
Content Management Systems
- All packages will be developed using a Content Management System (CMS).
- In order to maintain compatibility between clients the company now use the WordPress Platform exclusively as our CMS of choice.
- Any associated or additional fees, such as installation, setup, testing and introductory training pertaining to Content Management Systems or ECommerce Management Systems are covered within your chosen package.
Photographs and Images
- Any images or photographs that you supply should be in digital format, usually no smaller than 1024×768 pixels, with a suitable resolution that will allow them to be resized and used on screen.
- Any images that the company are asked to obtain from third party photographers or stock photography will be charged as an additional cost.
- All packages include the sourcing of stock images but these are limited to what are available to the company.
- The Client guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to the Company for inclusion in their website, or other design, are owned by the Client, or that the Client has permission from the rightful owner to use each of these elements, and will hold harmless, protect, indemnify and defend the Company and its subcontractors from any liability (including solicitors fees and court costs), including any claim or suit, threatened or actual, arising from the use of such elements furnished by the Client.
- Evidence of ownership or permissions may be requested by the Company.
- After the initial 12 month period, copyright is automatically assigned as follows:
- The Client will not have ownership of the website as it is a fixed service within StartPoint – therefore they do not have the right to host a Startup Monthly package on their own hosting provider.
- The client will have full ownership of their domain name after the 12 month contact period.
- The copyright to the markup, CSS files, other code that may have been used by us for you, or certain images that the company may have supplied to or for you are licensed to you in connection with this web design project, and will be licensed solely to the domain name on which the website files reside.
- At the bottom of the website page(s) after payment has been completed, usually it will say Copyright and the name of your business or company. The company do however reserve the right as the Company responsible for the design and/or development to place a small and unobtrusive link at the bottom of your website, thereby not hindering or distracting from your own website design.
- As the design company the company also reserve the right to display and link to your completed project as part of our portfolio, and to write about the project on other web sites, in magazine or ezine articles, books, written or digital publications of any design and source.
- To ensure superior levels of reliability and performance, all our clients websites are hosted on a high speed, state of the art managed virtual private server. Details of the exact specification of our servers are freely available to all our clients and will be given upon request.
- Startup monthly packages can only be hosted on StartPoint’s server.
- The company will not be held liable for any missed launch date or deadline, if the Client has been late in supplying materials, or has not approved or signed off work ontime, at any stage.
- The company will not be held liable for the uptime of the website as the server is hosted with a third party provider.
- The Company adheres to all national and EU data protection, data transfer, data retention, and confidentiality regulations and always stores data sent to us in a secure manner within our security policy.
- A website will not launch until the client has signed up and paid the first instalment, unless special agreement has been reached in advance.
- Additional costs for extra features and/or additional design costs, not covered by our standard packages, will be agreed and invoiced before the website goes live.
- There may be an additional fee for any design changes requested after the initial agreed design has been signed off.
- The Company is not responsible for writing or inputting any text copy unless this has been specified by the client.
- The company cannot guarantee that the functions contained within any web page (or part of your website design), will always be error free, and therefore the company will not be liable in any way whatsoever to you for any third party damages, including lost profits, lost savings, or other incidental, consequential or special damages arising out of the operation of or inability to operate this web site and any other web pages, even if you have advised us of the possibilities of such damages.
- The company will have complete ownership of the website contents throughout the duration of your package.
- If you wish to cancel your package after the 12 month contract then your website will run until your next payment date then be taken offline unless instant cancellation is required.
- If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. Just the same as a fine, you cannot transfer this contract to anyone else without our consent or permission.
- This contract remains in force and need not be renewed.
- Although the company have tried to keep this contract language simple, the intentions are serious, and the contract is a legal document under the exclusive jurisdiction of English Law and Courts.