Website Creation Services Terms
By ticking the box you agree to these terms and conditions*
UPDATED: 3rd June 2023
This Agreement is made and entered into between
368 Middle Road
(hereinafter referred to as “Jamie” or “We”) of the ONE PART;
And <you> (hereinafter referred to as “Client” or “You”)
2. TERMS & CONDITIONS
These terms and conditions constitute an agreement with you and Jamie.
The ‘Website Package’ will be in effect from the date of which full payment is received if client opted to pay in full. If client opted to pay via split payment then services will commence from the date of which the first payment is received.
Client shall notify Jamie in writing one 1 day in advance whenever they would like to discontinue services and vice versa.
2.3 A) COMPLETION
The first draft is the finished revamp that is ready for your first review. This can or cannot be the final product. The first draft is aimed to be the final product and if you review the first draft and decide not to make any revisions then this will be the final and published product. But if you do decide to make revisions then the first draft will not be the final product and we will make the edits requested.
We aim to deliver the first draft to you within 1-4 weeks from the commence date (this includes weekends)
Completion & Publish Date:
Due to factors such as unlimited revisions and the client’s schedule to approve or deny the completed website, the website completion has no set publish date.
Included in the package you are granted unlimited revisions which allows you to suggest as many changes as you would like. This however can prolong the project indefinitely.
Communication, Publish Date & Revisions:
If you disappear, stop communication or prolong the project completion for any reason beyond 12 months from the first draft date then we will terminate the services and send your website to you as it is.
Client is responsible for communication throughout the project. If you decide to not respond to Jamie during the project for a period of time longer than 2 months then we will terminate the services and send your website to you as it is.
You are responsible for being actively involved during the revisions stage. It is not Jamie’s responsibility to chase you for replies and communication should you decide to ignore Jamie’s latest message attempts regarding the project that prevents the project from moving forward.
2.4 B) REVISIONS
Included in the package you are entitled to unlimited revisions. Revisions are for you to suggest edits or suggest changes to the website draft.
We can only make revisions within our skill set and within the website platform that we use to revamp or build your website’s capabilities.
We can refuse a revision if we feel a strong enough reason to do so.
We can refuse a revision if we are unable to form the revisions due to skill set or website platform capabilities.
2.5 WEBSITE OWNERSHIP
Once the full payment has been made and the website has been published you will be the owner of the finished website. In order for us to manage your website our account will still be connected to your website until completion services are over. We will leave our name and link to our website at the very bottom of your website, in the footer.
2.6 WEBSITE CONTENT COPYRIGHT
If your current website was built by you:
If your current website was built by another company:
Website Content Imagery:
We use unsplash.com, kaboompics.com and pexels.com for our images that are not provided by you. We do not own the images provided by unsplash.com or pexels.com.
2.7 WEBSITE MARKETING FOR OUR WEBSITE
By agreeing to these terms and conditions you are allowing us to use your website project as a case study for our marketing. This will include examples of your website before the project and examples of your website after the project. You are allowing us to take videos and screenshots of the website as the public sees it before the project and after the project. We will never take screenshots or videos of the backend of your website such as your personal details. We may take a screenshot of the website visitor analytics before the project and after the project for our marketing.
Included in all of our packages you are entitled to management and maintenance of the website by Jamie. The amount of time depends on the package that you opt for. The maximum amount of time for every package that you can opt for is 1 year. This isn’t the amount of time for every package. Should you want to prolong the management and maintenance for an extended period of time beyond your allotted amount of months then we will bill you accordingly for the extra months. We will not notify you when your allotted management and maintenance is over. It is your responsibility to keep track of the allotted time. However we will log out of your website at the end of the allotted time and will only bill you with your permission and request to extend the period of months.
Management and maintenance of your website includes general upkeep, amending any errors such as broken links, broken buttons, faulty images, faulty pages, uploading new images, swapping out images for new images, fixing any spelling mistakes, adding, subtracting or changing any content, pages or items.
We shall maintain absolute confidentiality with respect to any confidential information received from the Client. The Agency shall not disclose any such information without obtaining Client's specific prior consent, otherwise than in compliance with statutory requirements.
2.10 LOG IN DETAILS PRIVACY & BACKEND PRIVACY
On occasion, we may require the log in details to your website host and or platform where your website was built. We never share these log in details and maintain absolute privacy with your log in details.
In the backend of your website you may have private details such as card details associated with the account, customer details, a CRM or any sales material. We maintain absolute confidentiality with all of the details listed and will never share them or take note of them, ever.
2.11 SEO & Website Performance
We cannot promise any improvement with regard to your website’s SEO. We do undergo multiple checks to ensure that your SEO is as untouched as it can be whilst we are revamping your website. But we cannot promise that your SEO will be unaffected during or after we have completed the project. If your website was built by another company, or a third party company and owns the rights to any SEO on the website then we will be unable to edit it or in most cases unable to keep it on the website. This may affect your overall SEO. We cannot promise any increase in sales, enquiries or bookings from any of our services. We cannot promise any increase in website performance from any of our services.
We do not add any additional pages to your website unless you have requested so. Depending on which package you opt for you will be entitled to additional pages included in the respective price that you pay. If you do not opt for a package with additional pages or would like to add more pages to your already existing additional pages granted then each page added beyond the amount granted in your package will be billed accordingly. We will neither add the pages in question nor bill you without your prior consent. We will not add the pages without payment for the additional pages. Some of our packages that you may opt for will contain unlimited pages.
We offer a full refund within 48 hours of the payment time in case the client changes their mind about working with Jamie. Unfortunately, after 48 hours has surpassed from the payment time, we cannot offer a refund due to work, time and research that would have commenced.
2.14 B) SPLIT PAYMENT PLAN
Our split payment plan includes 3 interest-free, equal payments of the total amount divided by 3 spread across 1 payment per month for a 3 month period.
Once the 3rd payment is made and received, your payments will be complete.
VAT (20%) charge may be charged on our payment plan unless Jamie has discussed prior with the client regarding including VAT (20%) in the total price.
The payments are paid manually by the client. We will not bill your card. A separate invoice will be sent for each payment.
If the client's payment is late by 7 days or more from invoice date then we will cancel the agreement and retain the website unless both parties have agreed prior, to honor the client additional time.
3 SOCIAL MEDIA
If you opt for social media content via one of our packages or as a separate service along with your website revamp then the following applies.
We will create the allotted amount of social media content agreed for your brand. You have permission to post the content to your social media and or to your other marketing channels. We have permission to use the social media content created via our marketing channels.
4 WEBSITE TRAFFIC & ENQUIRIES
We cannot guarantee any additional traffic to your website or any additional sales, enquiries, emails, bookings or partnerships from your new website. The above can derive from multiple factors out of our control.
Service tax (20%) is added to all payments where applicable.
6 FORCE MAJEURE
Neither Client, nor Jamie, shall be liable for any default, delay or lapse
occurring due to events beyond their control including riot, strike, theft.
7 DATA PROTECTION
a) Data Protection Laws are applicable and binding on the Client, the Supplier and/or the Services. The relevant Laws in the United Kingdom are:
i) the Data Protection Act 1998 and any laws or regulations implementing Directive 95/46/EC (Data Protection Directive); and/or
ii) the General Data Protection Regulations (EU) 2016/679 which comes into force on 25 May 2018, and/or any corresponding or equivalent national laws or regulations which subsequently come into force.
b) The Client and the Supplier acknowledge that for the purposes of the Data Protection Act 1998, the Client is the Data Controller and the Supplier is the data processor in respect of any Personal Data.
8 REPRESENTATION AND WARRANTIES
We hereby represent, undertake and warrant that the services provided by Jamie under this Agreement does not violate/infringe, or shall not at any time during or after this Agreement violate/infringe the intellectual property rights of any third party.
9 INTELLECTUAL PROPERTY RIGHTS
All content that Jamie creates is owned by Jamie unless agreed upon prior to the end of the agreement. All content created by Client is their intellectual property and owns the rights to their content. Content owned by Jamie can be posted to Client’s brand and be used on their platforms under specific approval from Jamie.