General Terms and Conditions
The client’s approval for work to commence shall be deemed a contractual agreement between the client and CLOUDBLUE WEB DESIGN.
Important Approval for the work to commence and payment of the advance fee indicates that the client accepts the terms and conditions outlined in this document.
In these Conditions
“Cloudblue” means Cloudblue Web Design.
- Copyright and Content
- In situations where the client provides images, text, animations or any other content for their website they are legally responsible for ensuring that this material does not infringe any copyright. Certain images provided by Cloudblue in the construction of the website may have been purchased under licence from stock image suppliers. These images are generally only licensed for use on a single website and may not be used in publicity material. The website owner is legally responsible for ensuring that this does not happen. If you wish to use any images from the site for other purposes please contact us for clarification.
- The Client's logos, artwork, graphics and photographs remain the copyright of The Client. Design, graphics and programming produced by Cloudblue remain the intellectual property of Cloudblue. Copyright to the finished assembled work of web pages produced by Cloudblue is owned by Cloudblue. Upon the final payment, the client is assigned rights to use as a website the design, graphics, and text contained in the finished assembled website. Rights to photos, graphics, source code, work-up files, and computer programs are specifically not transferred to the client, and remain the property of their respective owners. Cloudblue retain the right to display graphics and other Web design elements as examples of their work in their respective portfolio and to include the statement "Cloudblue Web Design Nottingham" together with a logo and a link to the Cloudblue's website on each page of the Website in a position and in a form to be agreed by the parties. The Client will retain any such credit and link in any adapted version of the Website, and the Client will (and will only) remove any such credit and link from the Website at Cloudblue's request.
- 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 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 we cannot progress your website because you have not provided the required information when you have agreed to do so, and we are delayed as result, we reserve the right to impose a surcharge of up to 25%. Also, if your job 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 four weeks 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 (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. Contact us if you need clarification on this.
- Web Design
- Conceptualising is the process of producing website concepts for clients. Concepts can include site mock ups, graphics and design proposals. For higher cost websites this will be included but for low cost sites (below £800) please bear in mind that unless previously agreed, only one concept is possible. You should therefore ensure that you let us have your preferred colour scheme and design requirements beforehand. If you don’t do this we will design the website appropriately but if it is not to your taste we may not be able to rework the website without additional charges. This is why it is often best to show us another website that you like as an example of what you require.
- Cloudblue will produce and supply a design proof for The Client's approval. The design copyright of the proof shall remain the sole property of Cloudblue. Use of the design in any respect without the express written permission of Cloudblue will constitute breach of copyright.
- Once Cloudblue has received confirmation that the design proof is satisfactory, modifications to the design specification will be considered an amendment to the contract. All modifications must be confirmed in writing.
- Proofs of all printed work and/or graphical designs may be submitted for The Client's approval and Cloudblue shall not be liable for errors not corrected by The Client in such proofs. The Client's alterations and additional proofs necessitated thereby shall be charged as additional charges. When style, type or layout is left to the judgement of Cloudblue, changes therefrom made by The Client shall be charged as additional charges. No responsibility will be accepted for any errors, including colour variations, in proofs approved by The Client.
- Cloudblue is not responsible for the client’s on-going web site promotion. Should the client require the site to be promoted on an ongoing basis a separate contract must be agreed. The order in which websites are ranked in the natural search results is controlled by the search engines. While we can optimise your site for this we are unable to make any guarantees about the success of any search engine promotion activity.
- We 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 standing regulations. We cannot accept responsibility for any failure to comply with regulations related to accessibility, selling online or those related to a specific business or trade. We can research this on the client’s behalf upon request, but in any business where complex compliance issues exist we recommend that the client takes legal advice from their company lawyer.
- Unfortunately malicious software, spyware, viruses and website hacking are facts of life on today’s Internet. It is highly unlikely that these will affect your website, and Cloudblue will endeavour to protect it from this as much as we can during its creation. We cannot be held responsible for problems that develop on completed sites as a result of illegal activity.
- The price quoted to the client is for the work agreed on the quotation only. Should the client decide that changes 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.
- Tenders and Quotes are valid for 30 days from the date of the Tender or Quote. All prices quoted may be subject to change without notice after this period.
- Should the client request a service from a third party (printed work, image purchase, domain names) via Cloudblue, payment shall be required before processing the clients request.
- Payment is currently accepted by cheque or BACS in UK Pounds Sterling, unless otherwise agreed. If your cheque is returned by the bank as unpaid for any reason, you will be liable for a "returned cheque" charge of £25.
- Credit card and Debit Card payments can also be accepted via PayPal. Credit Cards are subject to a 4% surcharge. (Full payment is required in advance if paying by credit card).
- An advance of 40% of the total cost of the project is required before work can commence. After work commences this is non-refundable.
- Payment of any balance will be due within 7 days of final invoice date. Full publication of the Web Pages may take place only after full payment has been received. Any material previously published may be removed if payment is not received. When this occurs a minimum charge of £50 will be required to have the site restored.
- Should the client wish to cancel at any point during the process they shall remain liable for the work that has taken place and shall be invoiced accordingly. If you are having a monthly service, please note a 30 days notice period is required to cancel this service. All unpaid invoice need to be paid before the service is cancelled.
- Accounts that have not been settled within 7 days of our final reminder will incur a late payment charge of 10% of the amount outstanding. You will also be charged statutory interest of 8% above the reference rate (fixed for the six month period within which date the invoices became overdue) pursuant to the late payment legislation.
- Cloudblue shall not be liable for any delay or failure to perform any of its contractual obligations as a result of war, flood, storm, riot, fire, accident, civil commotion, acts of god, government action, failure of power supply, equipment failure, lock out, strike, default or failure of subcontractor or suppliers or any other cause beyond its reasonable control and Cloudblue shall not be liable for any loss, damage or expense suffered by The Client or any third party arising directly or indirectly from any such matters.
- Cloudblue cannot be held liable for any information contained within The Client's web site or printed literature. The content of such remains the copyright and intellectual property of The Client. The Client is liable for any reasonable legal costs incurred by Cloudblue caused by the content of The Client's web site or other project and agrees to indemnify Cloudblue for any awards made by a court of law.
- Search Engine entry and ranking can in no way be guaranteed as this remains the sole discretion of a third party search engine provider.
- No liability will be accepted for compatibility issues with code or any errors, omissions or failings of software code produced.
- Where in the instance that a time scale / schedule has been given, Cloudblue will not be responsible for any money lost to The Client if the deadline is not met.
- On completion of any web site it is the sole responsibility of The Client to manage the site. Cloudblue will no longer be responsible for the site upon completion unless an alternative agreement has been reached.
- Should Cloudblue waive any of these terms on an individual basis, this shall not affect the validity of remaining clauses or commit Cloudblue to waive the same clause on any other occasion.
- This contract shall be subject to English Law. Where it is held that Cloudblue is not entitled to rely on any term in this contract, then Cloudblue may also be allowed to cancel all rights and obligations under this contract, or to hold all other clauses as valid entirely at their sole discretion.
- The Client shall be responsible for effecting all necessary insurance in respect of any loss, damage, or expense that it may suffer directly or indirectly in relation to the provision or non-provision of Cloudblue' goods and services.
By agreeing to these terms and conditions your statutory rights are not affected. Cloudblue reserves the right to change or modify any of these terms or conditions at any time. Should clarification of any of the above be required please contact us.
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