POPPY DESIGN STUDIO & COMPUTER SERVICES
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 Quote agreeing for Poppy Design Studio to provide the services/products listed, handover agreement or monthly maintenance/service 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 (Poppy Design Studio & Computer Services, 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 and/or hosting.
What do both parties agree to?
The Client agrees to:
- 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.
- Adhere to the payment schedule laid out on our quote or invoice.
- Make every effort to adhere to all agreed deadlines.
- Review the Company’s work, provide feedback, and sign off approval in a timely manner.
- 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)
- Provide a minimum of two weeks’ notice in writing, or by email should you wish to cancel monthly maintenance or monthly services offered by the company.
The Company agrees to:
- Make every effort to adhere to any deadlines agreed between us and you.
- Carry out services in a professional and timely manner.
- 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.
- Endeavour to complete requested website revisions or updates within 48 hours, wherever possible.
- Maintain up to date skills and knowledge through regular training and research.
- Contact you before the end of any free website monthly maintenance originally offered with your package purchased and provide you with a quote for paid monthly maintenance.
Quotes / Invoice:
- All quotes are valid for 14 days from the quote date unless otherwise specified.
- All quotes are based on the information specified by the client. If the client requires any aditional services, the Company cannot be held liable to the value of the quote, extra costs will be incurred.
- To accept the quote, the client must digitally sign and agree to these terms and conditions and pay the required deposit as listed in the quote. The deposit secures the client into the diary.
- If cancellation happens after the deposit is paid, but before any work is commenced if within 7 days, the company will refund the client their deposit. If it is after 7 days, the company will retain the clients deposit but the client will not be liable for the full cost of the project.
- All payment schedules can be found on your quote or invoice. You can request another copy by emailing us: firstname.lastname@example.org
- All websites are developed to work primarily across all major browsers and platforms including other devices such as mobile phones and tablets. 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.
- The Company cannot guarantee compatibility when plugins update/upgrade after handover and launch.
Payments and Contract Lengths:
- 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 launch. The scale of the charge will be dependent on what stage the project is at when the cancellation takes place. If cancellation happens after the deposit is paid, but before any work is commenced if within 7 days, the company will refund the client their deposit. If it is after 7 days, the company will retain the clients deposit but the client will not be liable for the full cost of the project.
- All payment schedules can be found on your quote or invoice. You can request another copy by emailing us: email@example.com
- Alterations to standing order mandates to reflect new or changed contracts are the sole responsibility of the client. Underpayments or missed payments, 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 1 month rolling contract unless agreed beforehand between the Client and the Company. The Company requires a minimum 14 days notice to cancel a monthly maintenance or monthly services contract. Hosting contracts are charged for a period of 1 year. If you cancel before the year is over you will not be reimbursed for any hosting period not used.
Content Management Systems:
- In order to maintain compatibility between clients, the company use the WordPress Platform exclusively as our CMS of choice.
- All website packages will be developed using a Content Management System (CMS).
- In some instances, the company may build a bespoke solution, depending on the exact requirements of the Project.
- 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 that the company are asked to obtain from third party photographers or stock photography will be charged as an additional cost.
- Any images or photographs that you supply should be in digital format, usually no smaller than 1920 x 1000 pixels, with a suitable resolution that will allow them to be resized and used on screen. Traditional paper photographs requiring scanning are acceptable, however, there may be additional costs incurred due to time spent scanning and retouching the images. This depends entirely on the project and the number of images involved.
- 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 handover, copyright is automatically assigned as follows:
- The company will maintain copies of all the files used in connection with your project and if you require a disc copy of all the files used in connection with your project, then the company will be happy to supply this to you. Copies of the website files are maintained by us for a reasonable time (usually at least one year), and if you are hosting with us, then files are maintained both locally and on external servers.
- The Client will own, or have express permission to use, the text files, images, graphics and any visual elements, video or sound bites, that you may have sent to us to use in connection with the project.
- The copyright to the mark-up, 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. If you own the domain name, then you own the copyright.
- 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 websites, social media, in magazine or e-zine articles, books, written or digital publications of any design and source. Please inform us in advance of the website handover if you DO NOT want us to add your site to our portfolio of work.
- To ensure superior levels of reliability and performance, all our clients websites are hosted on a high speed, state of the art managed dedicated server which utilizes a guaranteed minimum up time service availability level of 99.95%. Details of the exact specification of our servers are freely available to all our clients and will be given upon request.
- It is full responsiblity of the client to take a backup of there website unless the client is signed up to a maintenance service with us.
- No liablity is held by the company if the hosting does go down and corruption of a database happens or the website does not restore correctly.
- The company is not held liable if any emails are lost in a website move or hosting goes down.
- The company agree to maintain and look after the Clients website, this includes but is not restricted to, back up of the website, update plugins, remove spam, update theme, and optimise database.
- The Company hold no resposibility if site functionality is impaired due to a plugin or theme installed by the Company on handover but then ceases development, and/or is incompatable with the current WordPress version.
- 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 on time, at any stage.
- 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.
- Quotations are valid for a period of 30 days.
- A non-refundable deposit, (amount stated on the quote provided to the client) is payable before any work will commence.
- All copyright for any design, format or concept remain full property of Poppy Design Studio until the balance for the logo design is paid by the client on handover date.
- Once all balance has been paid the Company will send the client all files for the logo design (PSD, PNG, Fonts used etc.) and, upon acknowledgment of receipt, the client will own all copyrights.
- Once the concept is agreed by the client, the company will provide reasonable revisions to the artwork to tweak it to the client’s satisfaction. If this becomes excessive and beyond the original agreed design concept, the company have the right to stop the work and not return the original non-refundable deposit and at the Companys discretion may charge a % of work done from the balance of the total due on the final handover amount owed. This will not go over 100% of what was originally quoted.
- You may cancel your order for logo design but you will lose your non-refundable deposit. Depending on the amount of work completed when you cancel you may also be charged a % of the final bill due for the amount of work already completed.
- The company does not offer any technical support for any other web site hosting company that you may choose (if you elect not to host the website with us).
- There may be an additional fee for any design changes requested after the initial agreed design has been signed off.
- If you are hosting the website elsewhere, the Company cannot guarantee that the website is fully compatible with all hosting provider’s server operating systems, especially any contact forms, Content Management Systems, database driven websites, etc.
- The Company is not responsible for writing or inputting any text copy unless this has been specified by the client.
- A website will not launch until payment at handover is received 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. See https://www.poppydesignstudio.com/pricing/ for a list of charges.
- 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.
- 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.
Changes to these Terms and Conditions:
Poppy Design Studio and Computer services reserves the right to add, delete, or modify any provision of these Terms and Conditions at any time without notice. Failure to receive notification of a change does not make those changes invalid. These Terms and Conditions will always be available to download or print from our website.