Terms and Conditions
A: Definition of Terminology
- ‘We’, ‘us’ and ‘our’ are all words to be used to describe 3 Creative.
- The ‘Client’ or ‘You’ is a person, persons, business or company using any of the services provided by 3 Creative and nominated as the ‘Customer’, ‘your’ shall be construed accordingly.
- The ‘agreement’ is the contract comprising of the contract form and the terms and conditions. The agreement will form a legally binding contract upon signature from both 3 Creative and the client.
- A ‘Project’ is any work undertaken or service provided by 3 Creative for the client upon the client’s request. Details of the project will be described within the agreement.
- ‘Services’ is the work 3 Creative will provide in relation to the project.
- The ‘Domain’ is the website address used to access the website as chosen by the client.
- ‘Deliverables’ will be all written, coded and graphical work produced by 3 Creative in relation to the project, including all source code in the websites.
- A ‘Live Website’ is the website when it has been fully activated and is available for internet users to view.
- ‘Hosting Costs’ are the costs incurred by the client on either a monthly or yearly basis in order to keep the website live.
- ‘Content’ is the images and text displayed on the website.
- ‘mb’ stands for megabyte and is a measurement of storage space.
- At 3 Creative, work will not commence until approval from the client has been acquired. Approval in writing will constitute a formal contractual agreement between the client and 3 Creative. Approval for commencement of work by the client will be considered acceptance of the terms and conditions outlined below.
- Upon approval of the work to be carried out by the client, work will commence once 3 Creative receives the agreed ‘upfront payment’ which is a non-refundable deposit.
- The contract between 3 Creative and the client will be based on these terms and conditions, these terms and conditions will be provided to the client in writing as part of the agreement. Variations to these terms and conditions will only take effect once agreed in writing.
- The work to be carried out for the client will be set out and agreed in writing prior to the start of the project and provided as part of the agreement.
- Email or telephone will be the designated form of communication in regards to the website design and development. It is the client’s responsibility to inform 3 Creative of any changes to contact details. 3 Creative cannot be held liable for any communication issues if valid communication details are not supplied. 3 Creative will try their utmost to respond to emails within 2 business days.
- Work will only commence after receipt of your first monthly payment or agreed deposit. The remaining client balance will be due via an agreed monthly payment plan or in full on completion of the website and before the website is made ‘Live’.
- The first monthly payment or deposit paid to 3 Creative will cover the cost of any admin work, communication and other additional services provided prior to commencement of the project.
- The client must keep in contact with 3 Creative throughout the entire project and must be reachable by 3 Creative during normal business operating hours. If contact is attempted and the client cannot be reached within 2 weeks then a project may be terminated at which time the deposit will not be returned. Should a client wish to commence with a project after the project is terminated then a £75 admin charge will apply.
- The initial contract length will run for 15-month period.
- Your monthly website updates will occur on an agreed date of the month only. Any urgent updates outside of this agreement will be chargeable at our standard hourly rate.
- For returning clients; a contract form with details of the work to be carried out will always be supplied. Unless requested by the client, a new copy of the terms and conditions will not be supplied. The client will always be notified of any changes to the terms and conditions.
- 3 Creative will offer a limited free initial design service before any contractual agreements are made. During this point the client is free to make revisions as they please. The design revisions period will last until a design is agreed upon and it is documented in writing that the client is happy to proceed without any further changes.
- Once the free design revisions period has ended, any amendments to a project or any additions to the project must be requested in writing. On receipt of this, 3 Creative will review the requested changes/variations/additions and shall respond within 5 business days. The response will detail: any additional resources needed, the change of timetable and the change of cost. The client should then proceed to notify 3 Creative if they wish to:
- Implement the change order and have us proceed under the terms of our response.
- Proceed under the terms of the original agreement and rescind the change order.
- Terminate the original agreement with immediate effect, in which case the client will pay 3 Creative for all work carried out up until and including the date of termination.
D: Fee Rates and Charges
- Unless otherwise stated within the agreement, all services outside of the initial agreement made with the client will be chargeable at a rate of £40 per hour (forty pounds sterling).
- 3 Creative reserves the right to increase the chargeable rate at any point giving 30 days’ notice to clients.
- Unless otherwise stated within the agreement, all invoices will be due for payment 30 days after receipt of the invoices.
- The standard website production time is 3 months. If shorter timescales are required then the following fees apply:
- 2 month production an additional upfront charge of £95
- 1 month production an additional upfront charge of £195
- 3 Creative may require the services of external contractors/freelancers to work on the project. Should this be the case the client acknowledges that our staffing of the project is entirely at 3 Creatives discretion.
F: Intellectual Property and Rights
- The client agrees that any and all of the design rights, trademarks, trade names, copyright, patents and any other intellectual property rights created, developed or used in connection with the development of the clients project as detailed in the agreement shall remain the sole property of 3 Creative. A signed agreement between the client and 3 Creative will constitute as acceptance to authorise the client with a non-exclusive license to use these rights for the purpose of their business.
- Should new inventions, designs, processes or software evolve as a result of providing services to the client, the client agrees that all rights as outlined in the above (5a) shall belong to 3 Creative.
- At no point during the project or after the completion, termination, or expiry of a project will the client question or dispute the ownership of all property and rights as referred to in the terms (5a) and (5b).
- Where 3 Creative provides images or text for use in a project on the client’s behalf, the intellectual rights will remain with the owner of the image and will be paid for. These images are strictly for use on the website only. 3 Creative are not liable for any misuse of images by the client or any other person or persons.
- It is the responsibility of the client to ensure any text or images they provide for use within the project are of their own intellectual property or permission has been given to use the text or images. In the event of any infringement of any third party intellectual rights the client will indemnify 3 Creative against all liabilities, costs, damages or expenses which they may incur.
- At no point will the client be charged for open source software, 3 Creative will not attempt to pass open source software as their own work. Any charges arising from the use of open source software will be for work produced by 3 Creative in relation to the project and the installation time required.
G: Approvals, Delivery and Acceptance
- In the event that 3 Creative require approval for proofs of work, the client will endeavour to provide approval for the proofs in a timely manner to enable 3 Creative to meet the agreed completion date. Should delay be attributable to the client then 3 Creative cannot be held liable for any project not meeting the proposed deadline.
- Delivery milestones and completion dates are given in good faith and should not be taken as a guarantee. Times given by 3 Creative are to give the client an indication of when they can expect the project to be nearing completion and may change depending on a variety of factors. 3 Creative will use reasonable efforts to meet the times given to the client, and where applicable; inform the client of any expected delays.
H: Warranties and Limitations on Liability
- 3 Creative warrants that all services provided under any agreement will be provided/developed with all reasonable care and skill.
- Any illustrations, drawings, colours or diagrams provided in any of 3 Creatives literature or any other published matter are of a general informative nature and are subject to change at any time without notice and shall not constitute as part of any contract nor shall it give rise to any liability.
- 3 Creative excludes all warranties and makes no guarantee concerning the amount of visitors a website will gain. 3 Creative can also make no guarantees in relation to any anticipated business or sales in connection with services provided.
- Where Search Engine Optimisation services are provided, 3 Creative cannot offer any assurances in relation to where the client’s website will rank on search engines. Search engine rankings are a result of a number of factors and although 3 Creative can follow a series of tasks, the result of the completed tasks cannot be guaranteed or predicted. Simplified, 3 Creative do not guarantee any specific placement or high ranking on search engines.
- When updating a website, the client agrees that 3 Creative cannot be held responsible for any change in search engine rankings when updating, changing, creating or hosting a client’s website. This also includes potential downtime of a website whether the downtime is beyond the control of 3 Creative or not.
- 3 Creative requires as a necessity that the client carry out adequate research before proceeding with a website. This must include checking that the website/idea proposed by the client will operate legally. It is important that the website/idea is not illegal in any way and 3 Creative cannot be held liable for any legality issues that may arise.
- A copy of all work will be provided for the client upon completion of a project. The client will be responsible for the work and although 3 Creative will take all precautions necessary, we cannot be held liable for the loss, damage or corruption of files and information stored on its servers or individual PC’s.
- 3 Creative cannot be held liable for any underperformance, loss or damage arising from the clients design or specification error or if the client has chosen an incorrect or unsuitable service for their purposes.
- 3 Creative will not be held liable by reason of representation, warranty, condition or any other term for any indirect or consequential damage, loss or any other claim for compensation arising from our negligence, the negligence of any employees or contractors in connection to the project agreement.
- Under any other circumstances where 3 Creative may be liable, our total liability to the client will never exceed the amount of fees payable and paid to us by or on behalf of the client in relation to the project.
- 3 Creative has no control of, or responsibility for any content displayed on a client’s website. In no way does any of the textual or visual elements on a client’s website constitute 3 Creatives endorsement or approval of the materials on a website or the website itself.
- 3 Creative provides links to clients website for the convenience of potential customers and intends that the links be current and accurate but cannot guarantee that such links will point to the intended website at all times.
- 3 Creative cannot be held liable for anything adversely affecting the client’s business operation, sales, or profitability that might be claimed is a direct result of a service provided by 3 Creative.
I: Confidential Information
- All information, specifications, documents, contracts, drawings, design materials, and any other data which 3 Creative may have supplied and may continue to supply to its clients relating to 3 Creatives business, clients, prices, services, websites and contracts are confidential.
- The client agrees that at no point will they supply any of the above said confidential information (8a) to any third parties without prior written consent from 3 Creative.
- The client agrees not to sell, use inappropriately, license, create, develop or deal in any of the supplied confidential information either on their own or through any subsidiary or agent.
- 3 Creative agrees to keep any client information confidential and stored securely.
J: Hosting and Domain Names
- If required by the client, 3 Creative will provide the means to host the website at the cost agreed in the agreement. Hosting will begin on completion of the project and when hosting costs have been received. In the event of a monthly payment plan, hosting will commence on receipt of the first monthly. 3 Creative will endeavour to provide a professional, reliable service to the client at all times but cannot guarantee the website hosting will be available at all times, particularly in the event of a technical failure beyond the control of 3 Creative.
- Hosting with 3 Creative is acquired on a yearly contract and upon signing the project contract, the client is entering into a contractually bound subscription for a year, the hosting costs can be paid either in a single one off payment or on a monthly basis. On receiving a one off single payment the client’s website will be hosted for a year. Monthly payments must be made on the same date of each month, if at any point a payment is not made on time then 3 Creative reserves the right to cease hosting a website and will require the remainder of payments be paid. 3 Creative also reserves the right to charge an admin fee for re-activation of a website should this situation arise.
- Hosting will run on a yearly contract. At the end of each year it is the client’s responsibility to contact 3 Creative if they wish to continue hosting the website. 3 Creative will make reasonable efforts to inform the client of any pending hosting renewals.
- All standard hosting provided by 3 Creative is based on 400mb of website storage space unless otherwise stated in the contract. If a site will require more than 400mb then the client will be advised of additional costs and hosting solutions.
- Domain names will be registered by 3 Creative on behalf of the client and will be registered to 3 Creative. Although the domain name will be registered to 3 Creative it will become the full property of the client on receipt of all payments. 3 Creative will update the details at the point of full payment being received at the request of the client.
- Initial costs of domain registration will be included in the project cost and future domain renewal costs will also be detailed, domain renewal costs will be required on a yearly basis. It is the requirement of the client to ensure domain and/or hosting payments are received in advance of their renewal to ensure no downtime of a website. 3 Creative cannot be held responsible for the loss of a domain name should the client not pay the renewal fee on time. 3 Creative will make reasonable efforts to inform the client of any pending renewals.
- The domain name requested by the client will normally be registered at the beginning of the project in good faith to ensure the domain name can be acquired.
- Where a client renews hosting with 3 Creative, they must also renew their domain name if it is required to keep the site functioning.
- If a client choose not to use the hosting provided by 3 Creative then the hosting of a website and its domain name are the sole responsibility of the client.
- A client can move their hosting away from 3 Creative at any point or transfer a domain name away. This can be done on receipt of any outstanding fees and a £50 admin charge. All payments must be received before the transfer will take place.
- If a domain name is purchased through a company other than 3 Creative then it is the client’s responsibility to ensure the domain name is renewed. 3 Creative will not renew a domain name at the point of hosting renewal where the domain name has been bought through a company other than 3 Creative.
- The client agrees to allow 3 Creative to place a small text link at the footer of a client’s website simply stating the website was created by 3 Creative. The text link will provide a link back to 3 Creatives website.
K: Force Majeure
- Neither 3 Creative nor the client shall be responsible to the other party for any delay in performance due to any cause beyond reasonable control of either parties. The affected party shall immediately inform the other party of this occurrence when it happens, stating that the occurrence has happened and the affected party will take all action reasonably possible to remedy the situation and to comply with the terms set out in this agreement.
- In the event that the Force Majeure shall continue for more than a continuous period of 21 days, then the party not in default shall be entitled to terminate the agreement with immediate effect. Neither 3 Creative nor the client will have any liability against the other in respect of this termination arising as a result of the force majeure.
L: Non Payment
- In the event of non-payment by agreed due dates, the client agrees that in addition to any rights and claims we may have at law, we may, in the relevant situation:
- Discontinue the hosting of the clients website without any obligation to issue the client with further notice; and/or
- Discontinue work on any project we are undertaking for the relevant client at that date; and/or
- Apply any deposits or fees received from the client for any projects against any unpaid or overdue invoices/payments; and/or
- Retain ownership of the domain name of any website related to the project to which the non-payment relates. domain ownership is to stay with 3 Creative until full payment has been received.
- 3 Creative reserves the right to terminate the agreement at any time by giving no less than thirty (30) days prior written notice to the client.
- The client may terminate a project at any time. At the time of requesting to cancel a project the client agrees to pay for any work done prior to the date of cancellation at the standard hourly rate as written in these terms (3a) as well as paying for any outstanding subscription fees such as monthly hosting costs. The client also agrees to cover any costs incurred relating to the project where work has been supplied by third parties with whom 3 Creative have become contractually bound.
- 3 Creative and the client both have the right to terminate the agreement with immediate effect in the event that the other shall be in breach of any of the terms of the agreement and not remedy this breach within 21 days where the breach was/is avoidable and able to be rectified.
- In the event of termination; the client agrees to return all hard copy formats of the website provided by 3 Creative in relation to the terminated project within 7 days. All designs, graphics, audio/visual formats and hard copy materials and data must be returned. All magnetic media formats on which the related material is stored must be purged. The client agrees to sign a termination form confirming all material has been destroyed, returned or purged and they are no longer in possession of any related data.
- Termination of the agreement shall be done so without prejudice to any accrued rights of either party.
- The client shall not transfer or sub contract this agreement without the prior written consent of 3 Creative. Consent shall not be unreasonably withheld providing no problems should arise from the proposed transfer.
O: Entire Agreement
- This agreement consisting of a contract form and these terms and conditions sets out the entire agreement of the parties and supersedes any prior agreements. This provision shall not apply in the case of fraud.
- 3 Creative makes no claims that the content of this website will abide by the laws of countries other than those in the United Kingdom. Access to this website may not be legal by certain persons in certain countries, although 3 Creative will try within reasonable means to ensure this is not the case. If this website is to be viewed by someone outside of the United Kingdom then it is done at their own risk and the visitor is responsible for compliance with their own relevant laws. The terms and conditions of this website are governed by the laws of England and Wales. Jurisdiction for any claims arising in respect of this website’s content shall lie exclusively with the courts of England. Should any of the terms with in the terms and conditions be found to be invalid by a court of law then the invalidity of such term will not affect the validity of the remaining term.