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TERMS & CONDITIONS

Definition of our terminology as used within this document:

  1. A 'Project' is website design, content or logo work undertaken or service provided by WebCreationUK Ltd for the client on their request and as described in our confirmation order email to that Client.
  2. A ‘Service’ is web care or any other ongoing recurring work we undertake.
  3. A ‘Confirmation order email’ is an email we will send you detailing any project, service or work we undertake. This will include details of the work as well as payment terms.
  4. 'You' or 'Client,' is a person, persons, business or organisation using any of the services provided by WebCreationUK Ltd.
  5. 'We' or 'us', means WebCreationUK Ltd
  6. 'Live Mode' means the date the website is available on the client's chosen domain.
  7. 'Domain' is the website address as specified by the client.
  8. 'Open Source Software' is software made freely available to anyone under the GNU General Public License (GPL).
  9. ‘CMS’ stands for Content Management System which is the online software used for you to update elements of the website yourself.
  10. 'WebCare' is a yearly cost to keep a client’s website hosting and support active.
  11. 'mb' stands for megabytes and is a measure of storage space.
  12. 'Content' is both text and images that the client requires on the website.
  13. ‘Text Content’ is the text wording on the clients website.
  14. ‘ContentWriter’ is a copy writing service WebCreationUK Ltd offer for a fee.
  15. ‘Copy Writer’ is the person working for WebCreationUK who will create your content.
  16. A ‘Page’ of content shall be up to 500 words.
  17. ‘Site’ or ‘Website’ is the website as seen on the internet and owned by the client. ‘Search Engine’ will include Google, Yahoo and MSN search.
  18. ‘Rank’ is the position of the client’s website on the search engines.
  19. ‘SEO’ (search engine optimisation) is the process of working to attempt to increase the rank of a client’s website on the search engines.

General

  1. The contract between WebCreationUK Ltd 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 WebCreationUK Ltd invoice which can be found attached to the confirmation order email.
  3. WebCreationUK Ltd will not tolerate any form of harassment against it's employees from customers or third parties and we reserve the right to cancel a contract without refund in the event of unreasonable or inappropriate conduct. This includes threatening behavior and abuse directed towards our employees thereafter any further communication must be via postal mail only.

Legalities, Copyright and Intellectual Property

  1. WebCreationUK Ltd 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. It is important that the website is not in any way illegal. Please ensure that any images or content you supply or use on your website, is legally available for you to use. We cannot be held responsible for the illegal use of images, content or format of material supplied by the client. WebCreationUK Ltd reserve the right to remove any website from its servers if it has reason to believe that it is operating illegally.
  2. Where images used on the website have been purchased by WebCreationUK Ltd on behalf of the client, these images are restricted by license for use on the website only and are limited to 15 images per project. WebCreationUK Ltd are 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.
  3. The client will own the website design and development in full. If third party software is used it may be covered by it’s own individual licence that shall be purchased by WebCreationUK on behalf of the client.
  4. WebCreationUK Ltd makes no claims that the project may be lawfully viewed or downloaded outside England and Wales. Access to this text content may not be legal by certain persons or in certain countries. If this text content 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 text content are governed by the laws of England and Wales. Jurisdiction for any claims arising in respect of this text 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.
  5. WebCreationUK Ltd 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 WebCreationUK Ltd.

Communication

  1. Email is our primary method of contact with regard to all communication for your project. Our team are based in various parts of the world including India as well as here in the UK. Email is obviously the most efficient and cost effective form of contact. If you have any problems with the project that our team is unable to resolve by email, you can contact our project managers via the telephone support service during UK office hours on 0800 69 06 009 or 01225 767620. For geographical reasons, direct telephone contact with the person assigned to your project may be impractical.
  2. It is the client's responsibility to inform us by email of any change in email address so we always have valid contact details. We cannot be held liable in any way for problems relating to communication issues if we are not supplied with a valid email address. Some of our systems rely on this email to inform you of various important information. We also advise that client’s check junk and spam folders regularly.
  3. It is important for the client to keep in contact with WebCreationUK Ltd throughout the project. If a client does not make contact for more than 2 weeks after a draft has been received, we will make up to 5 attempts to contact the client by email using the email address for the client held on file. If we do not receive a response to these attempts of contact the project will be considered complete. If the client wishes to postpone the project for a period of longer than 2 weeks, please contact us. We reserve the right to levy a £100 plus VAT administration fee if the client returns after an unapproved postponement where the time since last contact is less than 6 months and wishes to continue work on their project.
  4. If a client returns from an unapproved postponement and the last contact is more than 6 months, we shall need to provide a new quotation for the project and your original payment will be non-refundable or transferable.

Paying for your project

  1. Payment terms for your project or service shall be set out in your confirmation order email.
  2. WebCreationUK Ltd own all of any project including images and text until final payment has been received in full. On receipt of final payment full ownership of the project are handed to the client.
  3. All payments to WebCreationUK Ltd for any project or service are non refundable.
  4. There will be no minimum term for our service but WebCreationUK do require a minimum of 1 month notice of a client’s intention to cancel a service. Failure to provide a month’s notice will result in the next month’s invoice becoming due.

Website Design Service

Website Design and Development

  1. Design is subjective, and for this reason we offer 'unlimited design revisions'. This means that we will continue to work with you on your design concept until you are happy with our proposal. The unlimited design revision period ends when the client accepts the design proposal and home page draft. Design changes beyond this point are subject to additional charges.
  2. Design and layout changes to the internal pages of the website are subject to restrictions within depending on what platform we use. These include Wordpress, Magento, Opencart and Skadate developments.
  3. WebCreationUK Ltd will provide the client with an expected completion time frame for the project (live on the internet) if requested. WebCreationUK Ltd will provide a client access to its 'Project Cycle' documentation to ensure a client is fully aware of the responsibilities they have to ensure a successful and timely development. In order to provide a completion date a final list of changes are required from the client.
  4. Open Source software (OSS) is publicly available software that may be adapted or modified to suit particular applications. OSS may be used to help develop elements of the functionality of the client's website to speed development and add functionality. Where Open Source software is used, the ownership of the site coding and any customisations made by the developer is still passed to the client upon final payment.
  5. WebCreationUK Ltd do not take any responsibility for a client's website rank on search engines. This also includes any potential website downtime that can occur. When updating, changing, creating and hosting a client's website, there could be a change in the websites search engine ranking.

WebCare

  1. Your website will come with one year of our WebCare service if you choose to use this. Please see terms for WebCare below titled ‘WebCare Terms’

Website Text Copy (Content) & Products

  1. The client will be offered to utilise the WebCreationUK Ltd ContentWriter package at an additional charge to the website. If the client doesn’t require this package, WebCreationUK Ltd will require the client to send all content that is to be added to the website in a Microsoft Word doc file. This excludes products on an ecommerce site as these are to be added by the client once the site is complete. The website content must be received no later than 4 weeks after the design has been approved and signed off. If the client does not send content within this time period, WebCreationUK Ltd reserve the right to make the website live with dummy text and collect full payment.
  2. If your website is an ecommerce store you will need to upload the products yourself using the provided CMS. If you would like us to upload the products on your behalf, we are able to do this for a fee.
  3. Content & Products are not a reason for the website to be delayed by the client. If we do not receive your products or text in a timely manner we will move on to the next phase of the project and a payment may become due. You are able to upload content and products at any stage using the CMS or by purchasing these from WebCreationUK.

Logo Creation

  1. WebCreationUK will create you a logo if you do not already have one. The logo will include your company name and strap line if you have one. We are able to change the font used and the colours used. We will also incorporate royalty free template clip art if you would like. We will carry out a maximum of 1 hours work on the logo including changes. If you would like more than this service for your logo, we will recommend our premium logo service at an additional cost.

Support

  1. While a website is hosted with WebCreationUK Ltd, we shall be available between the hours of 9.00am and 5.30pm Monday – Friday. This excludes all bank holidays. Within a reasonable time period we will look to fix any issues with the website which are not due to a customer’s doing.
  2. WebCreationUK Ltd email accounts are available on any device that supports email. These include the Apple iPhone and Samsung Galaxy as well as many others. WebCreationUK Ltd will provide instructions on how to setup email on these devices via our support area on our website. We are not able to provide email or phone support for these devices.

ContentWriter Service

Content Creation

  1. Copy writing is subjective, and for this reason we offer 'unlimited text content revisions'. This means that we will continue to work with you on your content until you are happy with our proposal. The unlimited content revision period ends when the client accepts the text content proposal. Text content changes beyond this point are subject to additional charges.
  2. WebCreationUK Ltd will provide the client with an expected completion time frame for the creation of the text content if requested.
  3. Text content is provided as a ‘per page’ service. The number of pages of text content we provide shall be based on the amount agreed as per your invoice.

Privacy Policy, General Website Terms & other legal documents

  1. If you choose to use WebCreationUK to uploada privacy policy, general website terms or any other terms, you will be charged extra for this.
  2. If you choose to use WebCreationUK to upload your privacy policy, general website terms or any other termswe would always recommend having these independently checked by a professional legal representative.Our terms cater for most websites and are considered general usage terms. We can offer a bespoke service if you require the terms to be checked by a legal professional.
  3. The privacy policy, general website terms or any other termsthat we offer clients will be produced by a third party.

Search Engine Optimisation

  1. WebCreationUK Ltd shall create text content with search engine optimisation in mind. This does not mean that the text content has been created specifically to increase a websites ranking on search engines.
  2. If a website does not ‘perform’ to a client’s expectations, WebCreationUK cannot be held liable in any way for this due to the ContentWriter service offered.

Theme Website Design Service

Website Design and Development

  1. WebCreationUK shall provide access to a themes database via our website where the client can pick their desired website theme. This theme is not customisable and therefore we can not make changes to the layout or design other than inserting / designing a logo. A theme site is pre-designed and when you select a theme, you agree to use this theme in its current design / layout.
  2. WebCreationUK Ltd will provide the client with an expected completion time frame for the project (live on the internet) if requested. WebCreationUK Ltd can provide a client access to its “Project Cycle” documentation to ensure a client is fully aware of the responsibilities they have to ensure a successful and timely development.
  3. Open Source software (OSS) is publically available software that may be adapted or modified to suit particular applications. OSS may be used to help develop elements of the functionality of the client's website to speed development and add functionality. Where Open Source software is used, the ownership of the site coding and any customisations made by the developer is still passed to the client upon final payment.

WebCare

  1. Your website will come with one year of our WebCare service if you choose to use this. Please see terms for WebCare below titled ‘WebCare Terms’

Logo Creation

  1. WebCreationUK will create you a logo if you do not already have one. The logo will include your company name and strap line if you have one. We are able to change the font used and the colours used. We will also incorporate royalty free template clip art if you would like. We will carry out a maximum of 1 hours work on the logo including changes. If you would like more than this service for your logo, we will recommend our premium logo service at an additional cost.

Support

  1. While a website is hosted with WebCreationUK Ltd, we shall be available between the hours of 9.00am and 5.30pm Monday – Friday. This excludes all bank holidays. Within a reasonable time period we will look to fix any issues with the website which are not due to a customers doing.
  2. WebCreationUK Ltd email accounts are available on any device that supports email. These include the Apple iPhone and Samsung Galaxy as well as many others. WebCreationUK Ltd will provide instructions on how to setup email on these devices via our support area on our website. We are not able to provide email or phone support for these devices.

WebCare Terms

  1. WebCreationUK Ltd will provide WebCare for the website if the client requires us to do so and on receipt of full payment of our hosting fees 12 months after the website went live. In doing so, WebCreationUK Ltd will provide a reliable and professional service to the client, excluding unavoidable technical failures. All hosting offered by WebCreationUK Ltd is limited to 1000mb of website space unless otherwise stated in a separate contract.
  2. WebCreationUK Ltd WebCare is renewableannually. The date of renewal will be 12 calendar months from the date the website was made live. WebCreationUK Ltd will contact the client 6 weeks before the renewal date and WebCare services are not obligated.
  3. The WebCare renewal charge must be received within 10 days of the WebCare expiry date. We reserve the right to deactivate any website when the WebCare has expired and the client has not paid the renewal charge. We reserve the right to charge an administration fee of £50 plus VAT for reactivating WebCare.
  4. If the client does not use WebCreationUK Ltd WebCare services, then the management and hosting of the domain name are the full responsibility of the client.
  5. If the client does not wish to renew WebCare, the site files and associated data can be made available to the client for free on request and the domain name can be transferred to the client's registrar account. Should the client instruct us to upload and configure the site and domain name to a third party server this work will be subject to charge.
  6. WebCreationUK Ltd reserve the right to delete the website from our servers 3 months after the date your hosting expired if you choose to not renew WebCare.
  7. WebCreationUK Ltd offer free SSL with sites we host and manage DNS for. If you wish to manage DNS independently we cannot provide support for SSL. SSL is provided for 1 year at no charge when you purchase a website and host the website with a WebCreationUK Business, Advanced or Premium hosting package.
  8. SSL is provided via letsencrypt.org. If letsencrypt.org are not able to provide an SSL certificate for any reason including technical failure, WebCreationUK Ltd will make recommendations for other SSL providers. This will be charged at the advertised cost by the SSL provider as well as a £50 installation fee. The client will have the option to proceed with this SSL certificate or not.
  9. Payments for WebCare products are non-refundable and non-transferable.
  10. As part of all WebCare packages you receive DDoS protection. This is provided via a third party, Cloudflare Inc. Our DDoS protection is intended to provide an extra security layer to your website in the event of a DDoS attack against your website or services. If your services are interrupted or taken offline due to a DDoS attack WebCreationUK will endeavour to restore these services ASAP. We can not be held liable financially or otherwise for a DDoS attack.
  11. WebCreationUK Ltd do not take any responsibility for a client's website rank on search engines. This also includes any potential website downtime that can occur. When updating, changing, creating and hosting a client's website, there could be a change in the websites search engine ranking.

Domain Names and Links

  1. If required, a domain name will be registered by WebCreationUK Ltd on behalf of the client once we have received payment in full. Although the domain name is registered to WebCreationUK, the client is the legal owner of the domain and if they request to have details changed or the domain transferred elsewhere, we will do this within a reasonable timeframe.
  2. WebCreationUK Ltd 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.
  3. We place a small text link on the footer of our client's website that simply states the website was designed by WebCreationUK Ltd and links to our company website. This link can be removed, if required.

GotoVideo Service

  1. WebCreationUK Ltd will create a video as per the details set out in your invoice. The length of the video will be detailed in the invoice.
  2. Payment for the video will be 100% upfront.
  3. WebCreationUK Ltd may use pre-created video, animation, graphics or images as part of your video. As the client you will not own the copyright to this content.
  4. We offer up to 5 revisions to video whilst it is being created. Once you have signed off the video and agreed via email that it is complete, we will charge for additional changes required.
  5. If your video contains ‘voice over’ then we may use voice over software to produce the voice over. This will therefore be a simulated human voice produced by the software.
  6. We will upload your video to the WebCreationUK Ltd YouTube channel. You can use this video for use digitally, such as your website.