Terms & Conditions
Below re the term and conditions that apply to all services purchased on or before the 7th December 2018.
The utilization of our website and any of our services are given on the strict understanding of the underneath Terms & Conditions and those composed within our emails. The law of England and Wales will be utilized to settle any lawful dispute.
Our service is provided by Red Cloud Agency Group, Regent Street, Soho, London W1B 5TR
1. OUR SERVICE
1. When a client hires us to build/create/design/develop a website they agree that they are hiring us to use our best judgement and interpretation of the requirements they have provided within the Design Brief (or Predesign Questionnaire/PDQ). It is the responsibility of the Client to make sure that all their requirements are included within the Design Brief.
2. The Client agrees that sometimes our interpretation of the provided requirements will differ from their own interpretation, but agree that website will be designed and created to our interpretation.
1. The Client agrees to make all payments to us within 2 working days of being first asked to make the payment. This helps to prevent delays with the project.
2. If we have agreed a structured payment term for the project, it is on the strict condition that first payment is received at the outset of the contract, and the final payment is received when the project is 75% completed. The Client agrees that they will solely go by our judgement of when the project is 75% complete.
3. Any and all additional services ordered via the Design Brief will be fully paid for within 2 working days of the design brief being submitted.
4. All payments will be made by Bank Transfer. Card payment and PayPal payments are subject to an additional fee of £250 each.
5. All outstanding fees become due if the Client cancels, ends or does not continue with the project.
6. The Client authorises that we can, at our own discretion, take payment of outstanding and due fees whenever we see fit.
7. The full payment becomes due after we have waited for a Design Brief for more than 14 days; or any other piece of information that is needed for us to provide the service, for more than 7 days.
8. Any and all special offers and discounts received by clients are provided on the strict condition that the clients makes all payments within 2 days of being first asked. The discount/offer will be removed, and the client will need to pay the full price if a payment is not received within the 2 days.
1. Unless otherwise agreed in writing, our quote for the web design project does not include adding any of the following to the project website; blog posts, blog categories, blog tags or anything else within the websites blog, shop categories, shop tags, shop products or anything else within the websites shop, and testimonials.
2. Our Client agrees that we will not include anything within the project that could damage the reputation of our company.
3. The Client agrees that they will not add anything within the completed project, or any other website, that could damage the reputation of our company
4. WEBSITE HOSTING
1. We include our standard website hosting the website design project cost. The length of this hosting will depend on the package purchased, but is usually 12 months. Our standard service includes your website being backed up every 2 weeks to ensure all changes are saved, so you can rely on being able to restore progress and updates.
2. The Client agrees to host the project website with us for a minimum of 6 years. The standard rate is £75 per year, as on 1st March 2016. This may increase at a rate of £50 per year for our standard hosting, but no more than a total of £100 over the 6 years.
3. It is the Clients responsibility to pay their hosting renewal fee within 1 month before the agreed hosting term expires. If payment is made less than 1 month before, there will be an additional £100 late fee due.
4. If the Client does not pay the renewal cost for the hosting before the hosting term expires, we may take down the Clients website, and all emails. Nethertheless, there will be an additional fee of £375 due; plus £250 for each additional month thereafter.
5. The Client is responsible for all associated hosting fees; unless we receive a cancellation notification from the Client, giving at least 30 days’ notice.
6. All quotes we provide are on the strict condition that the project website is hosted with us. An additional fee of £4500 will become due if Client hosts their website elsewhere.
5. ADD-ON SERVICES
Clients can order additional 'add-on' services, or upgrades to their website design package. We will always provide an additional quote for these services. However, below are the costs of a few:
1. Additional contact style forms will be charged at £225 each
2. A charge of £55 will apply for each invoice issued to the Client.
3. Clients will be charged an additional minimum of £140 for each image. Our team will provide what we believe are suitable images for their website if they are not provided on the Design Brief. These images will be sourced from stock image websites. An additional charge of from £225 will be charged for our team to alter these images.
4. Additional information style pages not included within the web design package will cost £250 per page.
6. PROJECT LENGTH
1. The estimate we give for the time a project will take to be completed starts from the next working day after the Design Brief is received back; fully completed, from the Client. The project will likely be delayed if anything is missing from the design brief
2. The amount of time that is given to complete a project is only an estimate. The Client agrees that the project my take considerably longer to complete.
1. When our team have finished the whole project website, the Client is only permitted to request changes to the website via our standard “Change Request Form”. The form allows for up to 8 changes to be requested. The cost for these changes is £900 on projects costing under £5000. Projects costing between £5001 - £9999 will receive 1 round of changes for free. Projects costing £10000 and above will receive 3 rounds of changes for free. All other rounds of changes will incur a £900 fee.
2. We will only undertake changes requested that allow us to work within the scope of the website design project.
8. PROJECT COMPLETION
1. The website project is deemed as complete when our Client has informed us that they are ready for the website to be moved on to their own domain. At this point, we will no longer be obligated to undertake any further work on the website.
2. If a Client chooses to host the project website away from us, it will be delivered to the Client in a zip folder via a download link. The download link will only stay active for 24 hours. The site files will be a direct copy of the site the Client approved (on design.cab), it will solely be the Clients responsibility to change any URLs from ‘design.cab’ et al to the Clients own domains URL. Additionally, it will be the Clients own responsibility to undertake all aspects of setting up the project website on their domain/hosting.
It is important that we are properly credited for our work, therefore the Client agrees;
1. We can, at our own discretion, add an additional page on the project website. This page will be used as a credit, to say that we have created the website. The Client agrees that we can add up to 1000 of our own words and 6 images on this page.
2. We can, at our own discretion, add a credit to the bottom of every page on the website. For example, it could say: “Web Design by” followed by our company name and/or website address. This will link to the additional page mentioned above.
3. The Client agrees to pay a fee to us of £25,000 for removing or changing any of our credits, in full or in part
1. Support is only available for websites that we host on our own server. If a Clients website is not hosted by us we will not provide any support whatsoever - even if a Clients website is broken
1. Under “The Consumer Contracts Act 2013” (CCA) the Client may have a right to cancel our contract within 14 days by sending an email to [email protected]
2. We will only work with Clients who cooperate with our team in building their website/completing the project. If a customer does not reply to our emails/phone calls for 4 consecutive weeks, or fails to provide something to us for 4 consecutive weeks we reserve the right to stop working on the project. The Client will still be liable to pay the full agreed cost of the project.
3. The Client has a right to cancel the Contract for whatever reason they see fit, however the Client agrees that they will pay the full project amount to us.
12. INTEREST AND COMPENSATION
We reserve the right to claim interest, compensation and reasonable costs under the Late Payment of Commercial Debts (Interest) Act 1998 and it is agreed that the term implied by that Act shall apply after any judgment as well as before. Any reference to the Late Payment of Commercial Debts (Interest) Act 1998 is also a reference to any amendment, modification or re-enactment of it. If for any reason the Late Payment of Commercial Debts (Interest) Act 1998 does not apply interest shall be payable on overdue amounts at 8% over the Bank of England Base Rate from time to time.
13. COST UNDER CONTRACT
Without prejudice to our right to claim costs under the Late Payment of Commercial Debts (Interest) Act 1998, if for any reason any payment is not made when due we reserve the right to be paid on an indemnity basis any costs we incur in recovering any money due under this contract (and the costs of recovering such costs) including our administrative costs and any costs incurred with lawyers or debt collection agencies. Our administrative costs may include the cost of employing the staff concerned and the overheads attributable to them for the time spent. In calculating our administrative costs credit will be given for any compensation due under the Late Payment of Commercial Debts (Interest) Act 1998.
14. FIXED COSTS
If proceedings are issued a minimum contribution of £900 (in addition to the fixed costs of issue) will be claimed towards any costs incurred with lawyers
15. FREE GIFT WITH YOUR ORDER.
The client’s choice of gift will be delivered within 7 days of the website design project being fully finished and on the strict condition that the client has made all payments within 7 days of Red Cloud Agency first requesting payment.
16. SUPPORT & MAINTENANCE PACKAGES
1. There is to be a minimum of 5 hours work per support request.
2. A minimum ongoing commitment of 6 months applies to all packages.
3. Although we will always aim to complete requested work ASAP, the customer agrees it can take up to 7 days to action change requests.
4. The Client agrees that all support requests should be submitted by email.
5. The Client agrees that they will clearly explain what work they require to be completed and agree that all follow up email we send, or phone calls we make, to gather further information or clarification will be taken from the hours available within the monthly support package
6. Additional hours will be billed at a rate of £125 per hour.
17. THE WHOLE AGREEMENT
These conditions make up the whole agreement between you and us in how you use the website. If a court decides that a condition is not valid, the rest of the conditions will still apply.
18. THE LAW
The laws of England and Wales apply to your use of the website and these conditions. We control the website from within the United Kingdom. However, you can get access to the website from other places around the world. Although these places may have different laws from the laws of England and Wales, by using the website you agree that the laws of England and Wales will apply to everything relating to you using the we