1. Your choice of design is from our allocated selection of already created designs.
2. The initial set-up fee (one monthly payment) is to be paid by credit/debit card or cheque.
3. The set-up fee is non-refundable.
4. The set-up fee covers work on your project which is the creation and manipulation of your chosen design, entry of details and set up of all functions. This also includes 1 year’s hosting and domain registration. For the following years, a renewal reminder invoice will be raised for your attention and costs approximately £100+vat per year depending on name type and hosting size required. It is important that these are kept up-to-date and paid on time as your site, e-mails and site ownership will be at risk.
5. A time span of 4 weeks is given to clients in order to populate their site with information and products. It will need to be ready for the agreed “go live” date.
6. A monthly standing order for the leasing fee should be set up to commence one week after your site goes live to the Internet. If this is not paid, the site is removed until payment is received. If two payments are missed debt collection and/or court action will be inevitable.
7. After your leasing term has finished (after 24 months) the ownership of the site passes over to you, the client. Until such time the ownership of the site will still belong to CPC Marketing.
Definition of our terminology as used within this document:
• A ‘Project’ is any work undertaken or service provided by CPC Marketing for the client on their request and as described in our initial proposal and / or the service order confirmation signed by the client.
• A ‘Client’ is a person, persons, business or organisation using any of the services provided by CPC Marketing .
• ‘The Payment Period’ shall be the time allowed by CPC Marketing for receipt of all monies owed to CPC Marketing by the client.
• ‘Live Mode’ will be from the date the website is available on the clients chosen domain.
• ‘Domain’ is the website address as specified by the client.
• ‘Open Source Software’ is software made freely available to anyone under the GNU General Public License (GPL).
• ‘Hosting’ is a yearly or monthly cost to keep a client’s website activated online.
• ‘Content’ or ‘Data’ is both text and images that the client requires on the website. These can both be self generating on some websites.
CPC Marketing Web Design Terms & Conditions
1. The contract between CPC Marketing 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 by CPC Marketing for the Client in our initial Proposal and / or the service order confirmation signed by the client.
3. CPC Marketing will only commence work on a project after receipt of the Set-Up Fee from the client.
4. The deposit paid to Leasing Company covers the cost of design work carried out and 1 (one) years hosting. It is not possible to refund the Set-Up fee once the Client has chosen the design. CPC Marketing reserves the right to decide whether a refund is applicable if requested by the client for any reason. A refund is not guaranteed by CPC Marketing.
5. CPC Marketing 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 within UK law. It is important that the website is not in anyway illegal.
6. Where images used on the website have been purchased by CPC Marketing on behalf of the client, these images are strictly for use on the website only. CPC Marketing is 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.
7. CPC Marketing will host the website if the client requires us to do so and on receipt of full payment of our hosting fees. In doing so we will endeavour to provide a reliable and professional service to the client at all times. CPC Marketing uses a Third Party Hosting company called Server Int.
8. CPC Marketing cannot be held responsible for anything adversely affecting the client’s business operation, sales, or profitability that they might claim is a result of a service offered by CPC Marketing .
9. Where we have been asked to provide search engine optimisation for a client, we do not guarantee any specific placement or high ranking on search engines or for the guarantees of any third party companies whom we recommend.
10. CPC Marketing will provide the client with an expected project completion date (live on the internet) if requested. We will endeavour to meet any given deadline but we do not guarantee and are not bound in any way to complete the project by this date. If by the fault of CPC Marketing the site is not ready, the commencement date of the monthly leasing fee shall not start until the project is live on the Internet.
11. It is the client’s responsibility to check with CPC Marketing that open source software is being used or not.
12. We do not charge customers for open source software. If there is a charge for a website using open source software, you are paying for the installation time and setup. Open source software is not owned by CPC Marketing or our Client.
13. CPC Marketing own all design and code of the website until final payment has been received in full and the Client’s account is settled and up-to-date. Once final payment is received, the client will then own the right to use the design and code of the website. Images may have been purchased by CPC Marketing for the client unless the images have been supplied by the client. Item 13 is subject to item 12. The works up files, database files, source code are not transferred to the client as these remain the intellectual property of CPC Marketing .
14. All images displayed on the client’s website will only be used after authorisation by the client and are the sole responsibility of the client regarding usage and copyright. Should any legal issues or claims arise from the content or copyright of any images supplied by the client OR CPC Marketing, they will be the sole responsibility of the client.
15. Domain names will be registered by CPC Marketing on behalf of the client. The client is the legal owner of the domain and if they request to have details changed or the domain transferred elsewhere, CPC Marketing will do this within reasonable time.
16. It is the responsibility of the client to renew their domain names when due with a third party or CPC Marketing . If a domain name expires, CPC Marketing can not be held liable for this, their domain name could be made available to the public for purchase and CPC Marketing can not be held liable for this. However, we will make reasonable effort to contact the client regarding domain renewal.
17. It is the responsibility of the client to renew their “hosting” when due. If the client does not renew the hosting, their website and e-mails will be at risk of being lost and CPC Marketing can not be held liable for this.
18. Renewal of “hosting” is due on a yearly or monthly basis. The date of renewal will be annually or monthly from the date the website was ordered by the client. The “hosting” will not be renewed if we cannot contact the customer or the customer requests for us to not host the site. This will also affect the domain as per item 16.
19. The hosting renewal charge must be received prior to 7 days of the hosting expiry date. We reserve the right to deactivate any website where the hosting has expired and the client has not paid the renewal charge. There will be an admin fee set by CPC Marketing for reactivating the website / hosting.
20. If the client does not use CPC Marketing hosting services then the management and hosting of the domain name are the full responsibility of the client.
21. CPC Marketing has no control of, or responsibility for, the content of our client’s web sites. In no way does the textual or image based content of our client’s web sites constitute CPC Marketing endorsement, or approval of the web site or the material contained within the web site. CPC Marketing has not verified any of the materials, images or information contained within our client’s web sites and is not responsible for the content or performance of these sites or for the client’s transactions with them. CPC Marketing 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 we do not guarantee or warrant that such links will point to the intended client site at all times.
22. CPC Marketing are not liable for loss, damage or corruption to files or information stored on our servers or individual PC’s relating to a client’s website. The client is solely responsible for any information or files relating to their website.
23. All website files are backed up every week and kept for a period of 3 months.
24. If a domain name is purchased by the client through a company other than CPC Marketing , the client has full responsibility in making sure that the domain name is renewed when due. CPC Marketing will not renew the domain name when annual hosting renewal is due if the domain name is purchased through a company other than us. .
25. CPC Marketing will provide training by e-mail, telephone assistance to the Client’s designated employees regarding management of the client’s web site.
26. Flash design is always an option of the client. If chosen, the specific understanding of our arrangement will be listed separately. Although Flash work is charged by the hour, CPC Marketing warrants protecting the client by specifying a maximum charge in advance which will be listed separately. CPC Marketing warrants to work earnestly to come in under the maximum charge.
27. Merchant Bank Account/ Bank Charges – If the client’s website requires the ability to accept credit cards for online clearing, the Client will need a Merchant Bank Account or PayPal account to be able to do this. The client understands that any charges necessary to secure the Merchant Bank Account are not covered by this agreement.
28. If the client or an agent of the client other than CPC Marketing attempts to update the web site and damages the design or impairs the ability for the web pages to display or function properly, time to repair the web pages will be assessed at the hourly rate of £50+vat. There is a one hour minimum charge. In this regard, clients are encouraged to obtain a Maintenance Agreement.
29. Authorised representatives of the client certifies that he or she is at least 18 years of age and legally capable of entering a contract in the UK on behalf of the client.
30. Limited Liability – Client agrees that any material submitted for publication will not contain anything leading to an abusive or unethical use of the Web Hosting Service, the Host Server or CPC Marketing. Abusive and unethical materials and uses include, but are not limited to, pornography, obscenity, nudity, violations of privacy, computer viruses, harassment, any illegal activity, spamming, advocacy of an illegal activity, and any infringement of privacy. If this is found to be the case, then CPC Marketing reserves the right to switch off the Clients web site without notice.
Client hereby agrees to indemnify and hold harmless CPC Marketing from any claim resulting from the Client’s publication of material or use of those materials. It is also understood that CPC Marketing will not publish information over the Internet which may be used by another party to harm another. CPC Marketing will also not develop a pornography web site for the Client. CPC Marketing reserves the right to determine what is and is not pornography.
31. Indemnification – Client agrees that it shall defend, indemnify, save and hold CPC Marketing harmless from any and all demands, liabilities, losses, costs and claims, including reasonable Solicitors’ fees associated with the development of the Client’s web site. This includes Liabilities asserted against CPC Marketing, its subcontractors, its agents, its clients, servants, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by the Client, its agents, employee or assigns.
Client also agrees to defend, indemnify and hold harmless CPC Marketing against Liabilities arising out of any injury to person or property caused by any products or services sold or otherwise distributed over the Client’s web site. This includes infringing on the proprietary rights of a third party, copyright infringement, and delivering any defective product or misinformation which is detrimental to another person, organisation, or business.
32. Laws Affecting Electronic Commerce. The Client agrees that it is responsible for complying with the laws, taxes, and tariffs related to e-commerce, and will hold harmless, protect, and defend CPC Marketing and its subcontractors from any claim, suit, penalty, tax, or tariff arising from the client’s use of Internet electronic commerce. Client also understands that CPC Marketing can not provide legal advice.
33. Ownership to Web Pages and Graphics. Copyright to the finished assembled work of web pages produced by CPC Marketing is owned by CPC Marketing. Upon final payment of this contract and only when the Clients account is in full credit, the client is assigned rights to use as the website design, graphics, and text contained in the finished assembled website for the duration of the contract.
Rights to photos, graphics, source code, work-up files, database files and computer programs are specifically not transferred to the client, and remain the property of CPC Marketing. CPC Marketing and its subcontractors retain the right to display graphics and other Web design elements as examples of their work in their respective portfolios.
Should materials described in this contract be used on the web by the Client before the tender of final payment, then this contract is breached and appropriate penalties will apply.
34. Data obtained through the Client’s web site can be supplied in a CSV file format (MS Excel) to the Client.
35. Nondisclosure – CPC Marketing, its employees and subcontractors agree that, except as directed by the Client, it will not at any time during or after the term of this Agreement disclose any Confidential Information to any person whatsoever. Likewise, the Client agrees that it will not convey any confidential information obtained about CPC Marketing to another party.
36. Cancellation of the project at the request of the Client must be made by certified letter. In the event that work is postponed or cancelled at the request of the Client by registered letter, CPC Marketing shall have the right to retain the original Set-Up Fee. In the event this amount is not sufficient to cover CPC Marketing for time and expense already invested in the project additional payment will be due. If additional payment is due, this will be billed to the Client within 30 days of notification via registered letter to stop work. Final payment will be expected under this agreement. Cancellation of this agreement will require 2 months notice by either party, by registered letter.
37. Payment – If You fail to pay any invoice which is due and payable under this Agreement, CPC Marketing shall be entitled to charge interest on a daily basis on the overdue amount and on outstanding interest from the date of such failure until payment (both before and after judgment) at an annual rate 4% above the base rate for the time being in force of Barclays Bank plc.
38. If CPC Marketing does not receive payment within the agreed payment period of the date of the invoice, it may terminate this Agreement as regards any Service requested by you without further obligation to You. (For most payment periods, there is a due date of within 14 days) – CPC Marketing reserves the right to remove all web content from the Internet after one non-payment. After two consecutive non-payments debt collection action will be taken, leading onto court action if necessary. All debt incurred in this process will be passed onto the client. All client files will be deleted from our system. If a payment delay is anticipated, please contact CPC Marketing to discuss potential problems in advance. If problems are anticipated we may be able to accommodate an alternate arrangement.
39. For the purposes of this Agreement, time of payment is of the essence.
40. Client Amends – CPC Marketing prides itself in providing excellent customer service. That is the spirit of our agreement and the spirit of CPC Marketing business. To that end, we encourage input from the Client during the design process.
CPC Marketing understands, however, that Clients may request significant design changes to pages that have already been built to the Client’s specification. To that end, please note that our agreement does not include a provision for “significant page modification” or creation of additional pages in excess of our agreed page maximum. If significant page modification is requested after a page has been built to the Client’s specification, we must count it as an additional page. Some examples of significant page modification at the request of the Client include:
Developing a new structure to accommodate a substantial redesign at the Client’s request.
Replacing more than 75% of the text to any given page at the Client’s request.
Creating a new navigation structure or changing the link graphics at the Client’s request.
Significantly reconfiguring the Client’s shopping cart with new product, shipping or discount calculation if an e-commerce enabled site has been selected by the Client.
Clients who anticipate frequently changing the look of their site during the design process and Clients who desire to be intricately involved design of each page are encouraged to negotiate an agreement which exceeds the page maximum.
If significant page modification is requested by the Client after the page maximum has been reached the charge will be £100.00+vat for each additional page. Moderate changes, however, will always be covered during our development of the site.
Again, we strive to accommodate the needs of each Client and we maintain a liberal redesign policy. We can not, however, provide major redevelopment services to the in excess of the page maximum contemplated by this agreement, or the original design concept agreed.
41. CPC Marketing intellectual property can not be used on another machine or sold by the client. This refers to work up files, programming and system coding, including content management system files and ecommerce system files.
42. If the Client expects higher levels of traffic to their web site, then planning for server capacity may be required. CPC Marketing will require 15 business days written notice confirming the expected number of users, hits and specific time frames for this expected increased activity expected on the Clients web site. Higher levels of traffic are normally generated from specific marketing directly linked to the web site.
CPC Marketing will do their up-most to maintain the service during periods of high traffic, although we can not predict the expected level of traffic for the Client. CPC Marketing can not be held responsible for any loss or damage to the Clients business claimed as a result of server failure and / or downtime. The Clients understands that any loss or damage to their business is specifically not covered and excluded under the terms of this agreement.
43. This agreement contemplates the possibility of an e-commerce enabled site. If the Client selects an e-commerce enabled site, the Client is encouraged to obtain a secure certificate for online transactions. The Client understands that if they do not obtain their own secure certificate it could infringe conditions with their payment processing provider. CPC Marketing can obtain secure certificates for the Client upon request and these will be charged for separately.