Terms of Service
The terms set out in the Application for Search Engine Services (“Contract”) and these terms and conditions (together the “Terms”) constitute the only terms and
conditions under which App Creative Solutions Limited (“The Company”) enters into an agreement with the client. No employee or agent of The Company is authorised to agree to or affect any alterations to the Terms.
The Client and The Company may disclose confidential information one to the other to facilitate work under this Agreement. Such information shall be so identified in writing at the time
of its transmittal, and shall be safeguarded and not disclosed to third parties by the receiving party. Confidential information shall not include information that:
- is already known to the party to which it is disclosed;
- is or becomes part of the public domain without breach of this Agreement;
- is obtained from third parties, which have no obligations to keep confidential to the parties to this Agreement.
DESCRIPTION OF WORK:
– If standard or premium plan is indicated The Company will create design work on behalf of the client excluding company logo.
– If standard or premium plan is indicated The Company will host/manage/administer domain name annually.
– If standard or premium plan is indicated manage the client website on a monthly basis limited to being able to provide basic text and image page content updates excluding product inventory management for e commerce websites, excluding the addition or editing of existing slideshow slides and excluding the creation of new web site pages.
– If social media plan is indicated the company will create a social media account on facebook and twitter platform on behalf of the client. This where possible will include custom artwork being placed within the social media accounts. Integration is defined by the placement of social media icons on the client website and links going back to the clients social media account profiles from the website. Full social media management will be limited to the creation of tweets on twitter and status updates on facebook business pages.
– The Client understands that search engines are independent companies who select and rank sites using their own criteria and acknowledges that The Company does not and cannot guarantee that The Client website ranking will be improved in any search engine listing. To enable The Company to implement onsite optimisation to The Clients website The Client must provide content management system admin panel login and FTP login details for their website. The Client acknowledges that The Company cannot undertake any onsite optimisation until such content management system admin panel login and FTP login details have been provided.”
– Ongoing technical support between the hours of 9am – 5pm Monday to Friday. However we will provide emergency support over weekends and bank holidays.
– Within the first 4 weeks of service the client may request as many page content updates as necessary. After the initial 4 week period has elapsed the client is entitled to 1 request for an update to text or imagery page content of any pages already published within their existing website every 30 days. The Company agrees to aim to serve the clients page content update request within a period of no more than 30 days.
PAYMENT SCHEDULE AND PROVSION OF WORK
The full length of this contract is as follows:
Starting date is 1st day of each month for the total amount (as agreed by client) per month. Client shall pay The Company an initial setup payment for project commencement. The minimum agreement length is as stated overleaf from the date of the signature and date signed by client and The Company. The payment schedule will begin within 30 days of the agreement date. Responsibility is on the client to fill out and submit the online website brief form and where possible provide the company with basic website content information including but not limited to imagery, text, sitemap and logo where available. If no content is provided by the client the website will be published with dummy content in the absence of the clients content. The client may submit content to be published to the website at any time that is convenient to the client.
FEES & ADDITIONAL SERVICES:
If client project exceeds the development hours specified the client will be charged £60 plus VAT per hour. Any work the Client wishes The Company to create, which is not specified in the DESCRIPTION section of this agreement will be considered an additional service. Such Work if not specified in the agreement under “Additional Work / Special Instructions” shall require a separate Agreement and payment separate from and above that specified in this Agreement. The company reserve the right to charge up to £25 for any of the following, unpaid returned or recalled bankers orders, unpaid returned or recalled cheques, letters sent as a result of breach of this agreement. If the client requires new slideshow slides or changes to existing ones this work is charged at a rate of £60 plus VAT as this is an additional service not covered by the monthly management fee.
RESERVATION OF RIGHTS:
All rights not expressly granted hereunder are reserved to The Company, including but not limited to all rights in sketches, comps, or other preliminary materials. The Company retains ownership of the website and all work done.
PERMISSIONS AND RELEASES:
The Client agrees to indemnify and hold harmless The Company against any and all claims, costs, and expenses, including solicitor’s fees, due to materials included in the Work at the request
of the Client for which no copyright permission or previous release was requested or uses which exceed the uses allowed pursuant to a permission or release.
The Client may publish or disclose information regarding the Work and shall acknowledge the support of The Company in all such publications. The Company may use the name of Client, in any advertising or publicity to showcase work done without the prior written approval from the Client.
Copyright is in The Company name. Upon completion of Work, the copyright will be released to the Client in full and any third party work may be added if needed without the consent of The Company. The Client shall indemnify the company against all claims in respect of any alleged infringement of copyright trademark or design or in any respect of any passing off or slander or title arising in consequence to the exhibition of the website in pursuance of this agreement.
- Unless terminated in accordance with paragraph 2, this agreement shall last for a minimum term as detailed in paragraph 2 and upon expiry of the minimum term this agreement shall remain in full force and effect renewing on an annual basis.
- Either the client or the company may terminate this agreement up to 30 days prior to the last day of the minimum agreement term. The client cannot terminate this agreement until all payments due to The Company have been paid in full.
- Notice to the company from the client will only be binding valid or effective when sent by recorded delivery post to the companies address as set out overleaf. If the client does not wish there website to be live and operative beyond the expiry of the initial agreement period they must serve notice in writing by recorded delivery to that effect no later than within a period of 30 days of the contract expiry date.
- Domain name can be transferred with an admin fee of £25 payable by the Client to the Company. All external transfer fees of the domain name applicable by third parties will be payable by the client.
- The Client and The Company are independent parties and nothing in this Agreement shall constitute either party as the employer, principal or partner of or joint venture with the other party. Neither the Client nor The Company has any authority to assume or create any obligation or liability, either express or implied, on behalf of the other. The Company reserves the right to terminate this service at any time with immediate effect.
- The invalidity or unenforceability of any provision of this agreement shall not affect or impair the validity of any other provision. No waiver of any rights The Company has under this agreement shall be deemed from any failure by The Company to enforce any part of this agreement.
- All website files hosted on the company’s servers will remain the property of the company and the client will have no right to these files or the migration of these files.
- a) The Company shall not be liable to the client for any loss or damage (including but not limited to loss of data, loss of profits or sales, website downtime, loss of business or staff or management time incurred) caused or arising directly or indirectly out of The Company’s services provided under this agreement (except to the extent to which it is unlawful to exclude such liability under English law). b) Notwithstanding the generality of (a) above The Company expressly excludes liability for any indirect, special, consequential or incidental loss or damage which may arise in respect of the services to be provided under this agreement. c) In the event that any exclusion contained in this agreement shall be held to be invalid for any reason and The Company becomes liable for loss or damage that may lawfully be limited, such liability shall be limited to the total amount paid by the client during the preceding Initial Period or Renewal Period, as the case may be. d) The Company does not exclude liability for death or personal injury to the extent only that the same arises as a result of the negligence of The Company, its employees, agents, or authorised representatives.
WITHDRAWAL OF SERVICES:
The company reserves the right for any reason whatsoever to withhold withdraw or refuse publication of the website.
EXCLUSIVITY OF SERVICES:
It is agreed and declared that this agreement contains all terms and conditions between the parties here to and the company have made no warranty or otherwise except as expressly stated therein and it is further agreed and declared no monopoly rights shall be enjoyed by the client unless endorsed on the agreement and initialled by the companies agents.
FAILURE OF PAYMENT:
In the event of the client failing to make a monthly payment on the due date The Company is entitled to take any or all of the following remedies in any order it sees fit: a) Require immediate payment of all monthly fees due during the remainder of the Contract Term plus costs of collection; b) Add interest to the debt at 4% per annum above the base rate of HSBC Bank plc from the date due to the date of payment; c) Issue written demands for all sums due, each such demand attracting a fee of £15.00, payable by the client; d) Cease working on behalf of the client until all overdue sums are paid.
This agreement and the Terms shall be governed by and subject to the laws of England and Wales and all disputes which may arise out of or in connection with this agreement or the Terms shall be subject to the exclusive jurisdiction of the courts of England. A person who is not a party to this agreement has no right under the Contracts (Rights of Third Parties) Act 1999 (“the Act”) to enforce any term of this agreement or the Terms but this provision does not affect any right or remedy of any third party which exists or is available apart from under the Act.