Terms & Conditions

Company Name: Creative Web Consulting

Address: 40 New Esplanade Court, Esplanade Road, Paignton, Devon TQ4 6BG

Telephone Number: 01803 473375

Website Address: www.creativewebconsulting.co.uk

Email: admin@creativewebconsulting.co.uk

*For mobile website design terms & conditions see further down this page

Definition of website design terminology:

1. A ‘Project’ is any work undertaken or service provided Creative Web Consulting for the Client on their request and as described in our quotation to that Client.
2. A ‘Client’ is a person, persons, business or organisation using any of the services provided by Creative Web Consulting.
3. The term “Creative Web Consulting” or “us” or “we” refers to the owner of the website.
4. ‘Domain’ is the website address as specified by the Client.
5. ‘Hosting’ is a yearly cost to keep a clients website activated online.
6. ‘Content’ is both text and images that the Client supplies for the website.

Creative Web Consulting Website Design Terms & Conditions:

1. The contract between Creative Web Consulting and the Client will be on these conditions, to the exclusion of all other terms and conditions. Any variations to these conditions shall have no effect unless agreed in writing.
2. The works to be carried out shall be as set out in the Creative We Consulting quotation.
3. Creative Web Consulting will only commence work on a Project after receipt of the agreed deposit from the Client.
4. The 50% deposit paid to Creative Web Consulting covers the cost of design work carried out as well as any administration work and communication with Creative Web Consulting. The deposit is non refundable.
5. On completion of the website by Creative Web Consulting, the Client will be notified and have the opportunity to review it. Unless agreed otherwise, the Client should notify Creative Web Consulting, in writing, of any unsatisfactory points within 14 days of receipt of such notification. Any issues, which have not been reported in writing to Creative Web Consulting as unsatisfactory within the 14 day review period, will be deemed to have been approved. Once approved, or deemed approved, the website cannot subsequently be rejected, and the website will be deemed to have been completed and the 50% balancing payment will become due. The agreement will remain in effect until all obligations have been completed in terms of this Clause.
6. If the Client rejects the website within the14 day review period and will not approve subsequent alterations made by Creative Web Consulting to remedy any points reported by the Client as unsatisfactory, or Creative Web Consulting considers that the Client is unreasonable in their repeated rejection of the website, the agreement will be deemed to have expired and Creative Web Consulting can take any legal measures to recover both payment for the completed website and reasonable expenses incurred in recovering payment.
7. Creative Web Consulting shall expect the Client to carry out sufficient research before proceeding with a website. This will include checking that the website/idea/business will operate legally.
8. Where images used on the website have been purchased by Creative Web consulting on behalf of the Client, these images are strictly for use on the website only. Creative Web Consulting is not liable for misuse of these images by the Client or any other person’s copying, altering or distributing the images to individuals or other organisations.
9. Creative Web Consulting will host the website if the Client requires us to do so and on receipt of full payment of our Hosting fees. Hosting fees to the client free in the first year. When hosting Client’s site Creative Web Consulting will endeavour to provide a reliable and professional service to the Client at all times but do not guarantee that the website Hosting will be available at all times, especially in the event of a technical failure beyond our control.
10. Creative Web Consulting reserves the right to refuse hosting.
11. If a client wants to use their own hosting provider and requires Creative Web Consulting to configure the client’s site on their hosting, Creative Web Consulting reserves the right to charge at our standard hourly rate for administration costs for this process.
12. Creative Web Consulting cannot be held responsible for anything adversely affecting the Client’s business operation, sales, or profitability that might be claimed is a result of a service offered by Creative Web Consulting.
13. Where asked to provide search engine optimisation for a Client, Creative Web Consulting aim to get the Client’s site on the first page of Google. However Creative Web Consulting do not guarantee any specific placement or high ranking on search engines.
14. Creative Web Consulting will provide the Client with an expected completion date for the Project (public on the internet) if requested. Creative Web Consulting will endeavour to meet any given deadline, but do not guarantee and are not bound in any way to complete the Project by this date. The expected completion date provided by Creative Web Consulting is purely a guideline.
15. The Client shall not be charged for Open Source Software. If there is a charge for a website using Open Source Software, the Client is paying for the installation time. Open Source Software is not owned by Creative Web Consulting or the Client.
16. Unless by prior written agreement, the client is forbidden from re-selling or duplicating software & scripts for any other purpose than the usage for the site created by Creative Web Consulting.
17. Creative Web Consulting owns all design and code of the website until final payment has been received in full. Once final payment is received, the Client will then own the design and code of the website and Creative Web Consulting will retain the copyright, unless Open Source Software is used. Images will have been purchased by Creative Web Consulting for the Client, unless the images have been supplied by the Client.
18. All images displayed on the Client’s website will only be used after authorisation by the Client, and are the sole responsibility of the Client regarding usage and copyright. Should any legal issues or claims arise from the content or copyright of any images supplied by the Client or Creative Web Consulting, they will be the sole responsibility of the Client.
19. Domain names will be registered and paid for by Creative Web Consulting and also registered to the Creative Web Consulting current address. Although the domain names are registered and paid for to Creative Web Consulting, the Client is the legal owner of the domain and if they request to have details changed or the domain transferred elsewhere, Creative Web Consulting will do this within a reasonable time frame.
20. It is the responsibility of the Client to renew their domain names when due. If a domain name expires Creative Web Consulting cannot be held liable for this. However, Creative Web Consulting will make reasonable effort to contact the Client regarding domain renewal.
21. When a Client renews Hosting with Creative Web Consulting, this also includes domain renewal if the renewal is needed to keep the site functioning and was purchased as part of the Hosting package. If the Client does not renew the Hosting, their domain name could be made available to the public for purchase and Creative Web Consulting cannot be held liable for this.
22. Renewal of Hosting is due on a yearly basis or can be paid monthly on a continuous basis. Hosting is free in the first year then after one year either £10 a month on a continuous basis or £100 a year up front for the second year, then £100 a year upfront each year after that. The date of renewal will be annually from the date the website was ordered by the Client. The Hosting will not be renewed if Creative Web Consulting cannot contact the Client or the Client requests for Creative Web Consulting to not host this site. This will also affect the domain as per item 20.
23. The Hosting renewal charge must be received within 10 days of the Hosting expiry date if paid yearly. Creative Web Consulting reserve the right to deactivate any website where the Hosting has expired and the Client has not paid the renewal charge. There will be an administration fee set by Creative Web Consulting for reactivating the website/Hosting.
24. If the Client does not use Creative Web Consulting Hosting services, then the management and Hosting of the Domain name are the full responsibility of the Client.
25. Should a Client wish to move Hosting away from Creative Web Consulting or transfer a Domain name away from Creative Web Consulting, an administration charge will be issued, which must be paid before the transfer takes place.
26. Creative Web Consulting has no control of, or responsibility for, the content of Clients’ websites. In no way does the textual or image based Content of our Client’s web sites constitute Creative Web Consulting endorsement, or approval of the website or the material contained within the website. Creative Web Consulting has not verified any of the materials, images or information contained within our Client’s web sites and is not responsible for the content or performance of these sites or for the Client’s transactions with them. Creative Web Consulting provides links or references to our Client’s websites solely for the convenience of prospective customers and intends that the links it provides be current and accurate, but does not guarantee or warrant that such links will point to the intended Client site at all times.
27. Creative Web Consulting operates a “zero tolerance” policy for spam. We will discuss with you the correct and safe usage of mailing lists, but if we receive any notification of spamming we will instantly remove your site from our server and will cease to offer hosting for your site. We and the commercial Internet world take the problems caused by spam extremely seriously. If any of our managed websites are reported for spamming then ALL our customers’ websites will be excluded from sending e-mail until the offending spammer is removed from our servers. For this reason we have to adopt a “zero tolerance” policy with no right for appeal.(see hosting terms)
28. Logo designs are specially designed logos by Creative Web Consulting for the Client only if the Client doesn’t supply a logo.
29. Stock imagery can be included and may be charged extra by Creative Web Consulting unless Client supplies imagery themselves.
30. Unless individually specified in the quotation, Creative Web Consulting will provide the functionality of the site as fit for purposes for all users to easily use the site in a methodical work flow manner. We reserve the right to charge appropriately if the client wishes to deviate away from this after the site is built.
31. Creative Web Consulting will not proceed from the design stage to the website build stage until all text and images have been received from the client. If a site includes a content management system, then Creative Web Consulting will proceed with the build of a site if the client confirms in writing they happy to receive and make final payment for their site without the content and will have full responsibility for adding the content themselves
32. It is the client’s responsibility to provide all the content for the website except for stock imagery supplied by Creative Web Consulting.
33. Creative Web Consulting are not liable for loss, damage or corruption to files or information stored on its servers or individual PCs relating to a Client’s website. The Client is solely responsible for any information or files relating to its website.
34. If a Domain name is purchased by the Client through a company other than Creative Web Consulting, the Client has full responsibility in making sure that the domain name is renewed when due. Creative Web Consulting will not renew the Domain name when annual Hosting renewal is due if the Domain name is purchased through a company other than Creative Web Consulting.
35. Creative Web Consulting reserves the right to cancel the order of a client’s site and the deposit will be refunded to the client.
36. Final payment is strictly payable within 30 (thirty) days after the review period is completed. Creative Web Consulting reserves the right to charge under The Late Payment of Commercial Dept (Interest) Act 1998 to charge an administration fee of £15 per month or 8% above the Bank of England base rate for the term of the outstanding debt whichever is greater. The sooner the final balance payment is received the sooner the Client’s website is published live on the Internet.
37. Creative Web Consulting makes no claims that the contents of this website may be lawfully viewed or downloaded outside the United Kingdom. Access to this website may not be legal by certain persons or in certain countries. If this website is accessed from outside of the United Kingdom, it is done at own risk and the visitor is responsible for compliance with the relevant laws of the visitor’s jurisdiction. The terms and conditions of this website are governed by the laws of England and Wales. Jurisdiction for any claims arising in respect of this website’s Content shall lie exclusively with the courts of England. If any provision of these terms and conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these terms and conditions, which shall remain in full force and effect.
38. All Client’s automatically invited into the Creative Web Consulting VIP Club where, from time to time, Clients can receive discounts, special offers, free gifts and prizes.

Definition of mobile website design terminology:

1. A ‘Project’ is any work undertaken or service provided Creative Web Consulting for the Client on their request and as described in our quotation to that Client.
2. ‘Client’ is a person, persons, business or organisation using any of the services provided by Creative Web Consulting.
3. The term “Creative Web Consulting” or “us” or “we” refers to the owner of the website.
4. ‘Hosting’ is a yearly cost to keep a clients mobile website activated online.
5. ‘Content’ is both text and images that the Client or us supplies for the website.

Creative Web Consulting Mobile Website Terms & Conditions

1. The contract between Creative Web Consulting and the Client will be on these conditions, to the exclusion of all other terms and conditions. Any variations to these conditions shall have no effect unless agreed in writing.
2. The works to be carried out shall be as set out in the Creative Web Consulting quotation.
3. Creative Web Consulting will only commence work on a Project after receipt of the full money from the Client.
4. On completion of the mobile website by Creative Web Consulting, the Client will be notified and have the opportunity to review it. Unless agreed otherwise, the Client should notify Creative Web Consulting, in writing, of any unsatisfactory points within 14 days of receipt of such notification. Any issues, which have not been reported in writing to Creative Web Consulting as unsatisfactory within the 14 day review period, will be deemed to have been approved. Once approved, or deemed approved, the mobile website cannot subsequently be rejected, and will be deemed to have been completed and no refund will be given. The agreement will remain in effect until all obligations have been completed in terms of this Clause.
5. If the Client rejects the mobile website within the 14 day review period and will not approve subsequent alterations made by Creative Web Consulting to remedy any points reported by the Client as unsatisfactory, or Creative Web Consulting considers that the Client is unreasonable in their repeated rejection of the mobile website, the agreement will be deemed to have expired. No refunds will be issued.
6. Creative Web Consulting shall expect the Client to carry out sufficient research before proceeding with a mobile website. This will include checking that the mobile website/idea/business will operate legally.
7. Where images used on the mobile website have been purchased by Creative Web consulting on behalf of the Client, these images are strictly for use on the mobile website only. Creative Web Consulting is not liable for misuse of these images by the Client or any other person’s copying, altering or distributing the images to individuals or other organisations.
8. Creative Web Consulting, or its partners, will host the mobile website. Hosting fees to the client are free in the first year. When hosting Client’s mobile site Creative Web Consulting, or is partner, will endeavour to provide a reliable and professional service to the Client at all times but do not guarantee that the mobile website hosting will be available at all times, especially in the event of a technical failure beyond our control.
9. Creative Web Consulting reserves the right to refuse hosting.
10. Creative Web Consulting will directly, or the Clients webmaster, will add the redirect script to configure the client’s website which will redirect to their mobile website when a person views it on their mobile phone.
11. Creative Web Consulting cannot be held responsible for anything adversely affecting the Client’s business operation, sales, or profitability that might be claimed is a result of a service offered by Creative Web Consulting.
12. Creative Web Consulting will provide the Client with an expected completion date for the Project (public on the internet) if requested. Creative Web Consulting will endeavour to meet any given deadline, but do not guarantee and are not bound in any way to complete the Project by this date. The expected completion date provided by Creative Web Consulting is purely a guideline.
13. Unless by prior written agreement, the client is forbidden from re-selling or duplicating software & scripts for any other purpose than the usage for the mobile site created by Creative Web Consulting.
14. All images displayed on the Client’s mobile website will only be used after authorisation by the Client, and are the sole responsibility of the Client regarding usage and copyright. Should any legal issues or claims arise from the content or copyright of any images supplied by the Client or Creative Web Consulting, they will be the sole responsibility of the Client.
15. Renewal of Hosting is due on a yearly basis. The date of renewal will be annually from the date the mobile website was ordered by the Client. The Hosting will not be renewed if Creative Web Consulting cannot contact the Client or the Client requests for Creative Web Consulting to not host this mobile site.
16. The Hosting renewal charge must be received within 10 days of the Hosting expiry date. Creative Web Consulting reserve the right to deactivate any mobile website where the Hosting has expired and the Client has not paid the renewal charge. There will be an administration fee set by Creative Web Consulting for reactivating the mobile website/Hosting.
17. A Client cannot move Hosting away from Creative Web Consulting or its partner.
18. Creative Web Consulting has no control of, or responsibility for, the content of Clients’ mobile websites. In no way does the textual or image based Content of our Client’s mobile web sites constitute Creative Web Consulting endorsement, or approval of the mobile website or the material contained within the mobile website. Creative Web Consulting has not verified any of the materials, images or information contained within our Client’s mobile web sites and is not responsible for the content or performance of these sites or for the Client’s transactions with them. Creative Web Consulting provides links or references to our Client’s mobile websites solely for the convenience of prospective customers and intends that the links it provides be current and accurate, but does not guarantee or warrant that such links will point to the intended Client mobile site at all times.
19. Creative Web Consulting operates a “zero tolerance” policy for spam. We will discuss with you the correct and safe usage of mailing lists, but if we receive any notification of spamming we will instantly remove your mobile site from our server or partner server and will cease to offer hosting for your site. We and the commercial Internet world take the problems caused by spam extremely seriously. If any of our managed mobile websites are reported for spamming then ALL our customers’ mobile websites will be excluded from sending e-mail until the offending spammer is removed from our servers. For this reason we have to adopt a “zero tolerance” policy with no right for appeal.(see hosting terms)
20. Stock imagery can be included and may be charged extra by Creative Web Consulting unless Client supplies imagery themselves.
21. Unless individually specified in the quotation, Creative Web Consulting will provide the functionality of the mobile site as fit for purposes for all users to easily use the site in a methodical work flow manner. We reserve the right to charge appropriately if the client wishes to deviate away from this after the mobile site is built.
22. It is the client’s responsibility to provide all the content for the mobile website except for stock imagery supplied by Creative Web Consulting.
23. Creative Web Consulting are not liable for loss, damage or corruption to files or information stored on its servers or individual PCs relating to a Client’s mobile website. The Client is solely responsible for any information or files relating to its mobile website.
24. Creative Web Consulting reserves the right to cancel the order of a client’s site and the full payment will be refunded to the client.
25. Creative Web Consulting makes no claims that the contents of this mobile website may be lawfully viewed or downloaded outside the United Kingdom. Access to this mobile website may not be legal by certain persons or in certain countries. If this mobile website is accessed from outside of the United Kingdom, it is done at own risk and the visitor is responsible for compliance with the relevant laws of the visitor’s jurisdiction. The terms and conditions of this mobile website are governed by the laws of England and Wales. Jurisdiction for any claims arising in respect of this mobile website’s Content shall lie exclusively with the courts of England. If any provision of these terms and conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these terms and conditions, which shall remain in full force and effect.
26. All Client’s automatically invited into the Creative Web Consulting VIP Club where, from time to time, Clients can receive discounts, special offers, free gifts and prizes.