telephone 0207 689 7523
TOTALCREATION
CHEAP WEB DESIGN LONDON
1.DEFINITIONS
The following terms and conditions document is a legal agreement between Total Creation hereafter “Developer” and “Client” for the purposes of web site design or development. These Terms and Conditions set forth the provisions under which the Client may use the services supplied.
Developer is an Internet web design provider offering the Client graphical design, HTML, CSS, Flash and other related computer programming languages.
2.ACCEPTANCE OF WORK
Quotations are valid for 5 days from date of issue.
When the Client places an order to purchase a web site or web site updates from Developer, the order represents an offer to Developer to purchase the web site or web site updates which is accepted by Developer only when an invoice is sent to the Client. No contract for the supply of services exists between Client and Developer until Developer sends an invoice to the Client for payment. The invoice equals acceptance by Developer (or third party supplier) of Clients offer to purchase services from Developer and this acceptance of work is a valid contract between Client and Developer regardless of whether Client receives the invoice.
Any other services on the order which have not been included in the invoice do not form part of the contract. The Client agrees to check the details of the invoice are correct and should print and keep a copy for their records.
Developer reserves the right to withdraw from contract at any time prior to acceptance.
3.PERMISSION AND COPYRIGHT
All pages, images, text and code on Developer's web site at http://www TotalCreation.co.uk/ is copyrighted material.
Client and any visitors to the Developer's web site at http://www. TotalCreation.co.uk/ may not use any of the pages, images, text or code on the web site for use on Client's or visitors own web site or to create a web site, templates or Actinic templates without prior written permission from Developer.
Copyright of the completed web designs, images, pages, code and source files created by Developer for the project shall be with the Client upon final payment only by prior written agreement. Without agreement, ownership of designs and all code is with the Developer.
These terms of use grant a non-exclusive limited license so that the Client can use the design on one web site on one domain name only. The Client is not permitted to use a design for more than one website without prior written agreement between the Client and the Developer.
Client agrees that resale or distribution of the completed files in full or in part is forbidden unless prior written agreement is made between the Client and the Developer.
Client hereby agrees that all media and content made available to Developer for use in the project are either owned by the Client or used with full permission of the original authors. The Client agrees to hold harmless, protect and defend Developer from any claim or suit that may arise as a result of using the supplied media and content.
Client agrees that Developer may include development credits and links within any code Developer designs, builds or amends.
Client agrees that Developer reserves the right to include any work done for the Client in a portfolio of work.
4.MATERIAL AND CONTENT
It is the clients' responsibility to provide all content for the website. Ideally the content should be provided as a word document with no more than one page per website page (see content below). The content will be pre-loaded on the website if received no later than 4 weeks from the date of purchase. Any specific images required must also be provided via email or on a disk (not returnable) to our registered address. Total Creation, will only use materials that are in accordance with copyright laws and the Client will not provide material to Total Creation for use in a web site design that violates such laws. If amendments are needed to the supplied content then the it is down to the designers discretion if a charge is to be applied for time spent on amending content.
We grant the client non-exclusive use of all material created and designed by us for use in the web site created by us under this contract.
We reserve the right to feature your website on our portfolio as displayed on our website. This is good for you since we will also provide a link through to your live website.
The Websites link must remain in the footer area of the client's web site for the duration of the websites life, if void we reserve the right to reinstate the link.
Developer reserves the right to refuse to handle:
a) Any media which is unlawful or
inappropriate;
b) Any media which contains a virus or hostile program;
c) Any media
which constitutes harassment, racism, violence, obscenity, harmful intent or spamming
d)
Any media which constitutes a criminal offence, infringes privacy or copyright
e)
Any other questionable media at Developers own discretion
5. DOMAIN NAMES AND HOSTING
Total Creation act as agents between the hosting company and the client. We arrange the hosting on behalf of the client without charge.
Once your site has been uploaded to the web and is live. Any problems with the hosting of the website is down to the Hosting company, any problems with the server (errors etc) will be the responsibility of the outside hosting company and not Total Creation. It is the client’s responsibility to contact the Hosting Company if any errors / problems occur.
If for some reason there is a major problem with the servers and your website information is lost, then it is the responsibility and liability will remain between the Hosting Company and the Clients. If you request help from Total Creation then we will charge for re-upload / or design of the site if the site has been lost due to server errors. Total Creation accepts no responsibility for any loss / damage of any files on any server.
Total Creation reserve the right to charge clients for the hosting of the website, at anytime. Any changes to the hosting and / or email will also be a chargeable event.
Client agrees to take all legal responsibility for use of third party domain name, hosting and email services and hereby agrees to indemnify and hold harmless the Developer from any claim resulting from the Client's publication of material and use of the domain name, hosting and email services. Any support or payment due relating to the domain name, hosting and email services are to be made between the Client and the third party service.
Client agrees to pass on FTP details and any other access details relating to their domain name and hosting account which the Developer requires to upload the web site if required as part of a project.
Developer reserves the right without notice to refuse work with domain names or hosting and email services without reason for such rejection or refusal.
6. PROJECTS
Before the website is made live, it is the clients responsibility to make sure that all the content is as wanted, and that they are happy with everything. Once the site has been made live then any changes to the site including any additional extras including unused features will be charges at the hourly rate.
This checklist is for your guidance.
Check all pages display correctly.
Are all telephone number, emails and address on the website correct.
If relevant are your vat and company details displayed in the footer.
Check for typos and spelling mistakes.
Once the site is live and the check has been made (within a 24 hour period) any changes to the text content will be charged at the normal rate.
You should check to see if your website is being indexed by google. This can take a number of weeks. You can check by entering your full website URL into the google search and checking that the results do point to your website.
Whilst we endeavour to ensure that everything is as requested, it is the client's responsibility to check and inform us of any errors as soon as possible. Fixes requested after the site has been made live will be charged at the standard hourly rate
All alterations for web sites projects are to be requested in writing either by email or postal mail by the Client. After the specified allowed hours of alterations have been completed, Developer reserves the right to advise the Client as such and send a separate quotation to the Client and to request payment for any further alterations. Developer reserves the right to request payment be received for further alterations before continuing work.
Client agrees to provide any needed information and content required by Developer in good time to enable Developer to complete a design or web site work as part of an agreed project.
Unlimited Redesigns
This is valid for the first draft, Total Creation will redesign the first draft until the client is happy with the initial design. Once the initial first draft is approved it is down to the designer’s discretion to make any amendments, and a charge will be leived for amendments for any changes to the actual design after this period. The redesign charges do not apply to content.
First draft
Is the homepage draft design, once the client is happy with the “first draft home page” and ask for more pages to be added, this will be seen as approval, it is down to the client to make sure the first draft – homepage is as wanted, and Total Creation will make amendments as requested. If changes are needed to the design after the first draft has been approved then Total Creation will be a charge for the design work needed.
Logo
Total Creation offer a basic web logo with most packages - if you are not happy with the free basic logo Total Creation are happy to redesign it up to three times. The Basic Logo is only for the website, if the logo is required as an image file there is a fixed fee to be paid for each different image format. This will be at the Designers Discretion and will be a fair and reasonable amount based upon time taken and market rates.
Flash Banner
A flash banner is included this consists of up to 3 images, and w lines of text. If additional images or text is required then it will be charged at the designers usual hourly rate.
Content Size
Each Web Page should be no more than one A4 size of text at minimum size 12 font in Arial on a word document. If the text exceeds this limit then you will be liable to pay for each additional text page, as a new web page.
Content
All content (page wording, images etc) should be sent over exactly as the client wants it to appear on the website. If any changes are required to the content during the design period and once the site is live, the changes will be charged at the web designers usual rate.
Web Design & SEO
The website will be submitted to Google and will include Meta Tags and a website description upon the clients request. Total Creation does not guarantee a particular ranking in any search engine and in any search results.
Total Creation will build and create a web form with most packages, it is the clients responsibility to make sure the email account the form sends to is functioning properly. In the event of the email account the form sends the information to, is not receiving the information Total Creation will test it on a free email account which the client will have access to. The client agrees that it is not the responsibility of Total Creation, but of the email provider.
Total Creation provide one free email account with the package if the domain has been purchased within the package by Total Creation. If the domain is held with the client then it is the clients responsibility to setup their own email with the domain provider.
Website Files
If the client requires a hard copy of the website then this willl be an additional cost. The cost will be determined by the web designer.
Client agrees that a HTML page built from a graphic design may not exactly match the original design because of the difference between the display in design software and the rendering of HTML code by internet browser software. Developer agrees to try and match the design as closely as is possible when building the code.
Developer endeavours to create pages that are search engine friendly, however, Developer gives no guarantee that the site will become listed with search engines or of certain search results. In no event shall Developer be held liable for any changes in search engine rankings as a result of using Developers code.
If an error or issue with the design or code arises during the project which does not allow the design or code to match the original specification, then Client agrees that Developer can apply a nearest available alternative solution.
After site completion, a Client or a third party of their choosing may wish to edit their web site code themselves to make updates. However, the Client agrees that in so doing they assume full responsibility for any issues which occur as a result of changing the code themselves. If Client or a third party of their choosing edits the web site code and this results in functionality errors or the page displaying incorrectly, then Developer reserves the right to quote for work to repair the web site.
Developer reserves the right to assign subcontractors in whole or as part of a project if needed.
The website layout will be based on the clients choice of design or template and will be discussed and agreed before work is carried out. The design time given, which includes first draft and completion dates are estimates, and the client agrees that the dates are only rough estimates
Client agrees that it is their responsibility to have regular backups of their website and software made by themselves or third party services in case of a software or hardware failure.
All communications between Developer and Client shall be by telephone, email, Skype or postal mail, except where agreed at Developer's discretion.
CMS Unlimited Pages & E-commerce Web Design Packages
The clients is responsible for adding their own content and products to these specific package products. Total Creation supply instructions and support but is not legally obliged to add content for the client. These packages are clearly labelled and also state that the client will add their own content. This includes; categories, sub-categories, products, text, menu options and pages. Total Creation is contracted to just design the master template.
Please also not that with the Ecommerce Package the shop layout is of a fixed nature and if you require examples please ask your web designer before the purchase of the product as this fee is non refundable.
If the client request total creation to add content for them, then it is down to the designer to apply a charge to the work needed. Total Creation will build a bespoke template for the CMS and E-commerce package, but the content and the design of pages will be the responsibility of the client. Total Creation does provide support via email and instructions on how to do this. Total Creation will also setup a working shop with the e-commerce package, however again it is the client’s responsibility to add products, setup prices and configure the shop settings. Total Creation again provides email support and written instructions on how to operate this. E-commerce shops and CMS Packages have a fixed layout which allows the user to add their own content to the pages as they wish, and the client agrees that this layout is suitable for their website. Total Creation will also provide examples of this website upon request. The client agrees that the e-commerce and CMS Packages are of a fixed layout and it may not be possible to implement some layout changes.
7. WEB BROWSERS
Total Creation shall make every effort to ensure sites are designed to be viewed by the majority of visitors. Sites are designed to work with the main browser Internet Explore. Client agrees that Total Creation cannot guarantee correct functionality with all browser software across different operating systems.
Clients agree that after handover of files any updated software versions of the main browsers Internet Explorer and Mozilla Firefox, domain name setup changes or hosting setup changes thereafter may affect the functionality and display of their web site. As such, Developer reserves the right to quote for any work involved in changing the web site design or web site code for it to work with updated browser software, domain name or hosting changes.
8.PAYMENT TERMS
All prices are exempt of VAT.
We request full payment in advance for all websites purchased. This is non refundable as when the money is received from the client it is automatically allocated to the designer to setup the first draft design, hosting, logo and purchase any relevant images for the design. If the client requests a refund and no work has begun they are only entitled to a credit note which can be used on any of our services.
Total Creation offer a website building service which requires manual labour to complete and manual labour in non refundable.
Total Creation are happy to redesign the website on the first draft stage (see unlimited redesigns & first draft section).
Client may request that the Developer cancel a project in writing by email or postal mail to Developer and the project is cancelled only if Developer confirms work has not been started on the project. If Developer has begun or completed the work and the Client no longer requires the files but have agreed to the work, they are still obliged to pay Developer for the work that has been carried out.
An hourly rate for our web designer is charged at £30.00 per hour. If the work has not been carried out then the customer is entitled to a credit note for the value of the original payment - which can be used on any of Total Creations services or products
Additional work requested by the Client which is not specified in the agreed quotation is subject to a separate quotation and Developer reserves the right whether to quote or accept additional work. If additional work is accepted by Developer may effect timescale and overall delivery time of the project.
l address, or paid online with major credit card via Paypal secure online payment.
Developer reserves the right to decline further work on a project if there are invoices outstanding with the Client.
Client may request that the Developer cancel a project in writing by email or postal mail to Developer and the project is cancelled only if Developer confirms work has not been started on the project. If Developer has begun or completed the work and the Client no longer requires the files but have agreed to the work, they are still obliged to pay Developer for the work that has been carried out.
All invoices are submitted by email except where required otherwise by regulations or agreed at Developer's discretion.
Developer reserves the right to remove it's work for Client from the Internet if payments are not received.
9. LIABILITY AND WARRANTY DISCLAIMER
Developer provides their web site and the contents thereof on an "as is" basis and makes no warranties with regard to the site and its contents, or fitness of services offered for a particular purpose. Developer cannot guarantee the functionality or operations of their web site or that it will be uninterrupted or error free, nor does it warrant that the contents are current, accurate or complete.
The Client agrees Developer is not liable for any bugs, performance issues or failure.
Developer endeavours to provide a web site within given delivery timescales to the best of it's ability. However, the Client agrees that Developer is not liable for any claims, losses, costs incurred or compensation due to any failure to carry out services within a given delivery timescale.
The Client agrees Developer is not liable for absence of service as a result of illness or holiday.
The Client agrees Developer is not liable for any failure to carry out services for reasons beyond it's control including but not limited to acts of God, telecommunication problems, software failure, hardware failure, third party interference, Government, emergency on major scale or any social disturbance of extreme nature such as industrial strike, riot, terrorism and war or any act or omission of any third party services.
Developer is not liable for any consequences or financial losses such as, but not limited to, loss of business, profit, revenue, contract, data or potential savings, relating to services provided.
On handover of files from Developer to Client, the Client shall assume entire responsibility in ensuring that all files are functioning correctly before use.
Whilst every effort is made to make sure files are error free, Developer cannot guarantee that the display or functionality of the web design or the web site will be uninterrupted or error free. If after handover of files errors are found in code the Developer has created and the main browsers Internet Explorer and Mozilla Firefox, domain name setup and hosting setup are the same as when work began, then Developer can correct these errors for the Client at it's own discretion.
If after handover of files errors are found in code the Developer has created and the main browsers Internet Explorer and Mozilla Firefox have released an updated software version, or the domain name setup or hosting setup has been changed, Developer can correct errors for the Client free of charge and reserves the right to quote separately for any additional work needed as a result of changes to the browser software, domain name setup or hosting setup.
Should Client goes into compulsory or involuntary liquidation or cannot pay its debts in the normal course of business, Developer reserves the right to cancel forthwith any projects and invoice Client for any work completed.
Developer shall have no liability to the Client or any third parties for any damages, including but not limited to, claims, losses, lost profits, lost savings, or other incidental, consequential, or special damages arising out of the operation of or inability to operate these web pages or web site, even if Developer has been advised of the possibility of such damages.
There are sometimes laws and taxes which affect Internet ecommerce. Client agrees that it is their responsibility to comply with such laws and will hold harmless, protect, and defend Developer and its subcontractors from any claim, suit, penalty, tax, or tariff arising from the Client’s exercise of Internet ecommerce.
Developer may from time to time recommend to the Client that updates are needed to their site to comply with, including but not limited to, new legislations, software releases and web standards. Developer reserves the right to quote for any updates as separate work. Client agrees Developer is not liable for any failure to inform or implement these updates to their site. Client agrees that it shall defend, indemnify, save and hold Developer harmless from any and all demands, liabilities, costs, losses and claims arising from omission to inform or implement these updates.
10. INDEMNIFICATION
Client agrees to use all Developer services and facilities at their own risk and agree to defend, indemnify, save and hold Developer harmless from any and all demands, liabilities, costs, losses and claims including but not limited to attorney’s fees against Developer or it's associates that may arise directly or indirectly from any service provided or agreed to be provided or any product or service sold by the Client or its third parties. Client agrees this indemnification extends to all aspects of the project, including but not limited to web site content and choice of domain name.
Client also agrees to defend, indemnify and hold harmless Developer against any liabilities arising out of injury to person or property caused by any service provided or agreed to be provided or any product or service sold by the Client or third parties, including but not limited to, infringement of copyright, infringement of proprietary rights, misinformation, delivery of defective products or services which is harmful to any person, business, company or organisation.
11. NONDISCLOSURE
Developer and any third party associates agrees that, except if directed by the Client, it will not at any time during or after the term of this agreement disclose any confidential information. Likewise, the Client agrees that it will not convey any confidential information about Developer to another party.
12. PRIVACY POLICY
Developer and any third party associates shall use information provided by the Client in relation to this agreement in accordance with the Data Protection Act 1998 and also for the following purposes 1) to identify the Client in communications with them 2) to contact the Client from time to time to offer them services or products which may be of interest to or benefit the Client.
13. INTERPRETATION
Developer reserves the right to terminate a project with a Client at any time without prior notification if it finds the Client in breach of these terms and conditions. Developer shall be the sole arbiter in deciding what constitutes a breach. No refunds are given in such a situation.
This agreement shall be governed by the laws of England and Wales which shall claim venue and jurisdiction for any legal motion or claim arising from this agreement. This agreement is void where prohibited by law.
Where one or more terms of this contract are held to be void or unenforceable for whatever reason, any other terms of the contract not so held will remain valid and enforceable at law.
Any and all matters pursuant to this agreement are governed by English Law and are under exclusive jurisdiction of the English Courts.
Developer reserves the right to alter these Terms and Conditions at any time without prior notice, by accepting a quotation or making a payment of invoice to use the services supplied, the Client acknowledges to have read, understand, and accept the Terms and Conditions of this Agreement, and agrees to be legally binding by these Terms and Conditions.
Total Creation reserves the right to refuse any design changes and amendments; this includes redesign of the first draft and changes to an existing website.
Total Creation reserves the right to cancel hosting and domain contracts with a 14 day notice period.
Total Creation Cheap Web Design
152-160, Kemp House, City Road London, EC1V 2NX
Cheap Web Design Total Creation Cheap Website Design Cheap Web Designers Cheap Web Design UK Cheap Website Design UK Cheap Website Designers UK Web Design London Cheap Web Design London Cheap Website Design London Web Designers Affordable Web Designers Affordable Web Design Affordable Web Desingers Cheap Web Designers UK Total Creation Design Cheap Web Designers in the United Kingdom Web Design Affordable Designs