The following terms and conditions apply to the Creative Site websites provided by Be Creative Design to the Client. As the client you confirm that in relation to any agreement entered into and the purchase by you of the service(s) that you are acting in a “business capacity” and are not and will not “deal as a consumer” for the purpose of section 12 of the Unfair Contract Terms Act 1977.
1. Acceptance
It is not necessary for any Client to have signed an acceptance of these terms and conditions for them to apply. If a Client accepts the original quote then the Client will be deemed to have satisfied themselves as to the terms applying and have accepted these terms and conditions in full.
Please read these terms and conditions carefully. Any purchase or use of our services implies that you have read and accepted our terms and conditions.
2. Charges
Charges for services to be provided by Be Creative Design are defined in the Digital Order Confirmation (DOC) that the Client receives via e-mail. The DOC is a reference of all payments agreed via the telephone agreement and signature of the agreement is only to verify the keywords and ensure that continual optimization is continued on the previously agreed domain name and accompanying Creative Site website.
Unless agreed otherwise with the Client, all domain names and website design services for Creative Site websites must be paid in full. Should other payment terms be arranged the initial fee quoted for the domain name and website service must be collected before a customer can cancel their order.
3. Client Review
Be Creative Design will provide the Client with an opportunity to review the appearance and content of the website once the overall website development is completed. At the completion of the project, such materials will be deemed to be accepted and approved unless the Client notifies Be Creative Design otherwise within ten (10) days of the date the materials are made available to the Client.
4. Turnaround Time and Content Control
Be Creative Design will install and publicly post or supply the Client’s website by the date specified in the project proposal, or at date agreed with Client upon Be Creative Design receiving initial payment, unless a delay is specifically requested by the Client and agreed by Be Creative Design. The Creative Site Website is a template website for the purpose of carrying your brand and contact details and will loosely resemble any current website(s) you have by colour and content association.
In return, the Client agrees to delegate a single individual as a primary contact to aid Be Creative Design with progressing the commission in a satisfactory and expedient manner.
During the project, any additional content (text, images, movies and sound files) the Client requires on the website must be provided by the client before publishing or may incur a fee.
Be Creative Design is a small business, to remain efficient we must ensure that work we have programmed is carried out at the scheduled time. On occasions we may have to reject offers for other work and enquiries to ensure that your work is completed at the time arranged.
This is why we ask that you provide all the required information in advance. On any occasion where progress cannot be made with your website because we have not been given the required information in the agreed time frame, and we are delayed as result, we reserve the right to impose a surcharge of up to 25%.
If you agree to provide us with the required information and subsequently fail to do so within one week of project commencement we will initiate the service.
NOTE: Text content should be delivered as a Microsoft Word, email (or similar) document with the pages in the supplied document representing the content of the relevant pages on your website. These pages should have the same titles as the agreed website pages. Contact us if you need clarification on this.
Using our content management system you are able to keep your content up to date your self.
5. The Services
5.1 We will provide You with the Services in accordance with the Agreement and based on the information confirmed by You in the Digital Order Confirmation. You are responsible for ensuring that the details on the Digital Order Confirmation are correct. The Creative Site website will not be submitted to any search engines until the DOC is signed and returned.
5.2 We will provide the Services with reasonable skill and care.
5.3 Changes to the Services during the term of this Agreement will not normally be permitted. Any changes to the Services requested by You during the term of this Agreement must be agreed in writing and such agreement shall be at our sole discretion. Changes to the Services so agreed may incur additional costs in accordance with Clause 6.7.
5.4 Our performance of the Services is dependent upon You providing such information or feedback as We may reasonably require from time to time. Should You not provide information or feedback within 7 days of any such request, You acknowledge that this may affect our ability to provide the Services and You shall not be entitled to any refund or credit against fees in the event that We are prevented from providing the Services.
5.5 You acknowledge that the provision of the Services is not subject to any performance guarantees or promises including but not limited to ranking positions on internet search engines or the number of searches, visitors or click-throughs, except where expressly stated otherwise in Schedule 1 of this Agreement.
5.6 We are unable to ensure or guarantee the security of information transmitted over the internet. Any information or data transmitted through the use of or in connection or relation to the Services is at your risk.
5.7 We expect the DOC to be signed and confirmed before any services can begin. Should the Digital Order Confirmation not be signed and confirmed then we reserve the right to suspend both the website and the domain name until it has been returned. Any set-up fee or deposits is non-refundable
6. Payment
Invoices will be provided by Be Creative Design Be Creative Design from the outset. Initial Payment for services is due by bank transfer or Credit or Debit card. Bank details will be made available on invoices.
You will be invoiced as set out in the Services and Invoicing Schedule of the Digital Order Confirmation and will be invoiced in advance. Payment will be due in accordance with the following payment terms unless expressly stated otherwise in the Digital Order Confirmation:
6.1. Where the Services are subject to a set-up fee or deposit, such fee will be payable by You immediately upon the Commencement Date. Any set-up fee or deposit is non-refundable
6.2 all other fees including ongoing or recurring monthly fees will be payable in advance immediately upon receipt of invoice throughout the term of the Agreement.
6.3 If payment is not received in accordance with the payment terms specified in the Agreement, We shall be entitled, without prejudice to any other rights that We may have, to charge You interest accruing on the sum due at the rate of four per cent above the annual base lending rate of Barclays Bank plc, from time to time.
6.4 If payment is not received in accordance with the payment terms specified in the Agreement, We reserve the right to suspend the provision of the Services and restrict your use of the Services until such time as payment is received. Such suspension of the Services will extend the Initial Term of the Agreement as detailed in Clause 11.3.
6.5 Any changes to the Services requested by You during the term of this Agreement in accordance with Clause 5.3 may result in an additional fee being charged to You.
6.6 All fees quoted for the Services are stated and payable in British Pounds. Fees do not include VAT or any other taxes that may from time to time be applicable, unless otherwise stated on your invoice.
6.7 Clients with accounts in default agree to pay Be Creative Design reasonable expenses, including legal fees and costs for collection by third-party agencies, incurred by Be Creative Design in enforcing these Terms and Conditions.
7. Web Browsers
Be Creative Design makes every effort to ensure websites are designed to be viewed by the majority of visitors. Websites are designed to work with the most popular current browsers (e.g. Firefox, Internet Explorer 8 & 9, Google Chrome, etc.). Client agrees that Be Creative Design cannot guarantee correct functionality with all browser software across different operating systems.
Be Creative Design cannot accept responsibility for web pages which do not display acceptably in new versions of browsers released after the website have been designed and handed over to the Client. As such, Be Creative Design reserves the right to quote for any work involved in changing the website design or website code for it to work with updated browser software.
8. Indemnity
All Be Creative Design services may be used for lawful purposes only. You agree to indemnify and hold Be Creative Design harmless from any claims resulting from your use of our service that damages you or any other party.
9. Suspension of Services
9.1 We may temporarily suspend the Services without compensation or recourse for the purpose of carrying out work at our premises or maintaining or upgrading our systems. We will endeavour to give You prior notice of such suspension but may be unable to do so and are not obliged to do so.
9.2 We may immediately and without notice suspend the provision of the Services to You without compensation or recourse in the event that:
9.2.1 We are required to do so in order to comply with a legal order or request from a governmental or other competent authority; or
9.2.2 We are reasonably aware or suspect that You are in breach of Section 9.
9.3 We may immediately and without notice suspend the provision of the Services to You in the event that We are taking action for non-payment in accordance with Clause 6.6. Any suspension of the Services pursuant to this clause will extend the Initial Term of the Agreement by the number of months during which the Services were suspended. In the event that it is necessary to suspend the provision of the Services by three months or more pursuant to this clause, We reserve the right to cancel the Agreement without notice and the provisions of Section 10 will apply.
10. Copyright
The Client retains the copyright to data, files and graphic logos provided by the Client, and grants Be Creative Design the rights to publish and use such material. The Client must obtain permission and rights to use any information or files that are copyrighted by a third party. The Client is further responsible for granting Be Creative Design permission and rights for use of the same and agrees to indemnify and hold harmless Be Creative Design from any and all claims resulting from the Client’s negligence or inability to obtain proper copyright permissions. A contract for website design and/or placement shall be regarded as a guarantee by the Client to Be Creative Design that all such permissions and authorities have been obtained. Evidence of permissions and authorities may be requested.
11. Design Credit
A link to Be Creative Design may appear in either small type or by a small graphic at the bottom of the Client’s website. If a graphic is used, it will be designed to fit in with the overall site design. If a client requests that the design credit be removed, we will remove any reference to our company from your site within 72 hours of the request but the client agrees that the website developed for the Client may still be presented in Be Creative Design’s portfolio.
12. Post-Placement Alterations
Be Creative Design cannot accept responsibility for any alterations caused by a third party occurring to the Client’s pages once installed. Such alterations include, but are not limited to additions, modifications or deletions.
13. Domain Names
Be Creative Design purchase domain names on behalf of the Client for the purpose of the Creative Site websites. Payment and renewal of those domain names is the responsibility of the Client. The loss, cancellation or otherwise of the domain brought about by non or late payment is not the responsibility of Be Creative Design. The Client should keep a record of the due dates for payment to ensure that payment is received in good time.
14. General
These Terms and Conditions supersede all previous representations, understandings or agreements. The Client’s signature below or verbal telephone agreement where our terms are fully explained to the customer prior to accepting will also constitute agreement to and acceptance of these Terms and Conditions.
(Please be aware all outbound / inbound telephone conversations are recorded for training, monitoring and compliance reasons and can be made available to you)
A payment of an advance fee will also constitutes agreement to and acceptance of these Terms and Conditions. Payment online is an acceptance of our terms and conditions.
15. Governing Law
This Agreement shall be governed by English Law.
16. Liability
Be Creative Design hereby excludes itself, its Employees and or Agents from all and any liability from:
Loss or damage caused by any inaccuracy;
Loss or damage caused by omission;
Loss or damage caused by delay or error, whether the result of negligence or other cause in the production of the web site;
Loss or damage to clients’ artwork/photos, supplied for the site. Immaterial whether the loss or damage results from negligence or otherwise.
The entire liability of Be Creative Design to the Client in respect of any claim whatsoever or breach of this Agreement, whether or not arising out of negligence, shall be limited to the charges paid for the Services under this Agreement in respect of which the breach has arisen.
17. Non-Disclosure Agreement
At any time during or subsequent to contract period, client agrees to keep in strictest confidence and trust all of the Be Creative Design Limited confidential information to which the client has access. The client will not use or disclose the Be Creative Design Limited confidential information without the written consent of Be Creative Design Limited. Client agree’s not to attack/criticize Be Creative Design Limited or any of its employees, associate’s or partner’s publicly (on public forums, blogs, social networks etc) at any time during or subsequent to contract period. Similarly client agrees not to seek optimization advice on optimization forums, blogs, community groups or any social media in a way which brings bad name to the company or any of its employee’s, associate’s or partners. In case of breach of non-disclosure agreement, client agrees to pay Be Creative Design Limited a reasonable cost for damages.
18. Disclaimer
Client acknowledges the following with respect to Creative Site services from Be Creative Design Limited :
18.1. All fees are non-refundable.
18.2. Be Creative Design Limited has no control over the policies and ranking algorithms of search engines with respect to the type of sites and/or content that they accept now or in the future. Client’s web site may be excluded from any search engine or directory at any time at the sole discretion of the search engine or directory.
18.3. Due to the competitiveness of some keywords/phrases, on-going changes in search engine ranking algorithms, and other competitive factors, Be Creative Design Limited does not guarantee No.1 positions or consistent top 10 positions for any particular keyword, phrase, or search term.
18.4. Be Creative Design Limited assumes no liability for ranking, traffic, indexing issues related to penalties. Consequently client understands that ranking new websites is much more difficult than ranking old and established sites and he should not have unrealistic expectations about rankings, traffic and revenues. We shall not be liable in any way for any economic losses (including, without limitation, loss of revenues, profits, contracts, business or anticipated savings) or any special or indirect or consequential losses, howsoever caused, whether or not such losses were within the contemplation of the parties at the Commencement Date, suffered or incurred by You arising out of or in connection with the use of the Services or any other matter under the Agreement
18.5. New websites may get temporary boost in ranking for some targeted keywords for few days but then it settles down to its real place. This is known as ‘new site boost effect’ and it is quite common. Consequently the client understands that a new site has not really got top rankings within a month and soon it will revert down to its actual position.
18.6. Occasionally, search engines will drop listings for no apparent reason. Often, the listing will reappear without any additional optimization efforts.
18.7. A website search engine ranking can fluctuate any day, any time because of on-going changes in the ranking algorithm, optimization efforts made by the competitors or both.
18.8. Be Creative Design Limited makes no guarantee/warranty of project timeline or added expenses (like charging additional fees etc) if the optimization work is destroyed either wholly or in parts, either knowingly or unknowingly by any party without the prior consultation of Be Creative Design Limited . optimization work is considered to be destroyed either wholly or in parts if following changes (but are not limited to) are made to a website by any party other than Be Creative Design Limited or without first consulting Be Creative Design Limited:
i. Changes in the file(s) or folder(s) name.
ii. Putting a file in a different folder or putting a folder in another folder or sub domain.
iii. Making changes in the head section of a document like changing the text in the title tag,
removing certain HTML tags required for site authentication.
iv. Deleting a link, folder, file, web document or sub domain.
v. Modifying text on a web document like changing the formatting of the text or repositioning the text.
vi. Removing analytics code from the web page which is used to track website traffic.
vii. Linking out to any website without prior consultation of the Be Creative Design Limited.
viii. Adding a file, folder, web document, widget or any functionality.
ix. Renaming URLs of existing web documents.
x. Taking down the website or part of the website.
xi. Renaming, re-locating, adding or removing any file, folder or sub domain on a web server including web documents, robots.txt, .htacess file, sitemap.xml, rss.xml etc
xii. Changes in the site architecture
xiii. Changes in the anchor text
xiv. Making any changes on an optimized web page
xv. Uploading a new website to the domain.
xvi. Duplicating content either on the website or releasing it online through other websites.
18.11. Be Creative Design Limited makes no guarantee/warranty of project timeline or added expenses (like charging additional fees etc) if:
18.11.1 The client guarantees any elements of text, graphics, photos, designs, trademarks, or other artwork provided to Be Creative Design Limited for inclusion on the website above are owned by the client, or that client has received permission from the rightful owner(s) to use each of the elements, and will hold harmless, protect, and defend Be Creative Design Limited and its subcontractors from any liability or suit arising from the use of such elements.
18.11.2. The client fails to resolve Be Creative Design Limited queries on time.
18.11.3. Makes delays in providing required access, documents, permissions or any support for Search Engine Optimisation purpose
18.11.4. Fails to make necessary changes to the website as and when advised by Be Creative Design Limited for carrying out the Search Engine Optimisation services.
18.11.5. There is a server outage for prolonged time on client’s site.
18.11.6 Client does not make a reasonable effort to educate himself about optimization. The client must understand that educating himself about optimization is essential so that he can find out where his money is
going, why optimization is a time-consuming but a good long-term marketing strategy.
18.12. Be Creative Design Limited is not responsible for the Client overwriting optimization work. The Client will be charged an additional fee for re-constructing, re-optimizing content/web pages, based on the hourly rate of £60.00 per hour.
18.13 The client understands that his optimization alone can’t be held responsible for his site’s success or failure. The client understands that he needs to work as partner with his Be Creative Group optimization provider, give him the necessary time and commitment and follow his advice/suggestions seriously and on time to make his marketing campaigns a success.
19. Severability
In the event any one or more of the provisions of this Agreement shall be held to be invalid, illegal or unenforceable, the remaining provisions of this Agreement shall be unimpaired and the Agreement shall not be void for this reason alone. Such invalid, illegal or unenforceable provision shall be replaced by a mutually acceptable valid, legal and enforceable provision, which comes closest to the intention of the parties underlying the invalid.
20. Chargebacks
If we receive a chargeback or payment dispute from a credit card company or bank, your service and/or project will be suspended without notice. A £50 chargeback fee (issued to recover fees passed on to us by the credit company), plus any outstanding balances accrued as a result of the chargeback(s) must be paid in full before service is restored, files delivered, or any further work is done. Instead of issuing a chargeback, contact us to address any billing issues. Requesting a chargeback dispute for a valid charge from us is fraud, and is never an appropriate or legal means of obtaining a refund. Please read and make sure you fully understand our refund policy prior to making a payment.
