The following terms and conditions apply to all services provided by Be Creative Design Limited 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 a 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 Limited are defined in the project quotation that the Client receives via e-mail. Quotations are valid for a period of 30 days. Be Creative Design Limited reserves the right to alter or decline to provide a quotation after expiry of the 30 days.
Unless agreed otherwise with the Client, all website design services require an advance payment of a minimum of thirty three (33) percent of the project quotation total before the work is supplied to the Client for review. A second charge of thirty three (33) percent is required after the development stage, with the remaining thirty three (33) percent of the project quotation total due upon completion of the work, prior to upload to the server or release of materials.
Payment for services is due by cheque, bank transfer or Credit or Debit card. Cheques should be made payable to Be Creative Design and sent to College House, Barrow-in-Furness, Cumbria, LA13 9HL. Bank details will be made available on invoices.
3. Client Review
Be Creative Design Limited will provide the Client with an opportunity to review the appearance and content of the website during the design phase and 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 Limited 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 Limited 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 Limited receiving initial payment, unless a delay is specifically requested by the Client and agreed by Be Creative Design Limited.
In return, the Client agrees to delegate a single individual as a primary contact to aid Be Creative Design Limited with progressing the commission in a satisfactory and expedient manner.
During the project, Be Creative Design Limited will require the Client to provide website content; text, images, movies and sound files.
5. Failure to provide required website content:
All design material and information required to deliver the product must be provided within the time frame agreed at point of sale. 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 within one week of project commencement we reserve the right to close the project and the balance remaining becomes payable immediately. Simply put, all the above condition says is do not give us the go ahead to start until you are ready to do so.
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 yourself.
6. Payment
Invoices will be provided by Be Creative Design Limited upon completion but before publishing the live website. Invoices are normally sent via email for your convenience but are always available in your client area at http://myaccount.becreativegroup.co.uk; however, the Client may choose to receive hard copy invoices. Invoices are due upon receipt. Accounts that remain unpaid thirty (30) days after the date of the invoice will be assessed and a late fee may be applied.
7. Additional Expenses
Client agrees to reimburse Be Creative Design Limited for any additional expenses necessary for the completion of the work. Examples would be purchase of special fonts, stock photography specifically requested that we don’t already have available.
8. Web Browsers
Be Creative Design Limited 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 Limited cannot guarantee correct functionality with all browser software across different operating systems.
Be Creative Design Limited 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 Limited 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.
9. Default
Accounts unpaid thirty (30) days after the date of invoice will be considered in default. If the Client in default maintains any information or files on Be Creative Design Limited’s Web space, Be Creative Design Limited will, at its discretion, remove all such material from its web space. Be Creative Design Limited is not responsible for any loss of data incurred due to the removal of the service. Removal of such material does not relieve the Client of the obligation to pay any outstanding charges assessed to the Client’s account. Cheques returned for insufficient funds will be assessed a return charge of £25 and the Client’s account will immediately be considered to be in default until full payment is received. Clients with accounts in default agree to pay Be Creative Design Limited reasonable expenses, including legal fees and costs for collection by third-party agencies, incurred by Be Creative Design Limited in enforcing these Terms and Conditions.
10. Termination
Termination of services by the Client must be requested in a written notice and will be effective on receipt of such notice. E-mail or telephone requests for termination of services will not be honoured until and unless confirmed in writing. The Client will be invoiced for design work completed to the date of first notice of cancellation for payment in full within thirty (30) days.
11. Indemnity
All Be Creative Design Limited services may be used for lawful purposes only. You agree to indemnify and hold Be Creative Design Limited harmless from any claims resulting from your use of our service that damages you or any other party.
12. Copyright
The Client retains the copyright to data, files and graphic logos provided by the Client, and grants Be Creative Design Limited 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 Limited permission and rights for use of the same and agrees to indemnify and hold harmless Be Creative Design Limited 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 Limited that all such permissions and authorities have been obtained. Evidence of permissions and authorities may be requested.
13. Standard Media Delivery
Unless otherwise specified in the project quotation, this Agreement assumes that any text will be provided by the Client in electronic format (ASCII text files delivered on cd-rom or via e-mail or FTP) and that all photographs and other graphics will be provided physically in high quality print suitable for scanning or electronically in .gif, .jpeg, .png or .tiff format. Although every reasonable attempt shall be made by Be Creative Design Limited to return to the Client any images or printed material provided for use in creation of the Client’s website, such return cannot be guaranteed.
14. Design Credit
A link to Be Creative Design Limited 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 Limited’s portfolio.
15. Access Requirements
If the Client’s website is to be installed on a third-party server, Be Creative Design Limited must be granted temporary read/write access to the Client’s storage directories which must be accessible via FTP. Depending on the specific nature of the project, other resources might also need to be configured on the server.
16. Post-Placement Alterations
Be Creative Design Limited 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.
17. Domain Names
Be Creative Design Limited may purchase domain names on behalf of the Client. 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 Limited. The Client should keep a record of the due dates for payment to ensure that payment is received in good time.
All domain names must be renewed before the expiry of the registration period. Domain names are registered for a period of 1 year unless otherwise agreed at point of sale.
18. 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.
19. Governing Law
This Agreement shall be governed by English Law.
20. Liability
Be Creative Design Limited 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 Limited 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.
21. 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.
22. Return and Refund Policy
If a service has been requested and the order is finalised, no refund will be given where a customer changes their mind unless work has not yet started or domain registrations were unsuccessful.
As per registrar policy, all domain name registrations and renewals are final. No refunds are given on successful domain registrations or renewals. Once a domain name has been registered we are unable to alter them in name or extension, should additional domains be requested they will be chargeable at the current market rate plus admin fees.
Where a project has passed a period of One Hundred and Eighty (180) days and design material has not been received and a written complaint by a customer has not been received then no refund can or will be given although we may, at a senior managers discretion, offer to complete your work in the interest of maintaining our untarnished reputation providing we have received all material required for full completion of the project.
23. Cancellation Policy
We will work with our customers to help ensure that every single one of them is completely happy with the work we produce. In the unlikely event that we are unable to satisfy the customer’s needs, cancellation of the project must be made in writing by the customer. In the event that work is postponed or cancelled at the request of the Customer, we reserve the right to retain a fee on the percentage of work completed.
24. Delivery Policy
Due to the electronic and virtual nature of our work, no physical product will be delivered. However we aim to complete the requested services within 30 days from the date on which the customer’s material is received. The Client must work with us to complete the web site in a timely manner. In some cases, delays receiving materials or other circumstances can slow the process of development. However, assuming no delay in receiving payment or receiving any materials we require, we agree to make all reasonable efforts to complete each project in a timely manner. We reserve the right to cancel the contract at cost to the Client should significant delays be experienced that are outside of Be Creative Design control. Examples include, but are not limited to:
lack of detailed documentation on the subject matter where requested
lack of logos or design ideas where requested
lack of return communication or correspondence
failure to make required decisions
significant illness
acts of God
other significant disruption
Upon any of these circumstances payment for all work already completed will be calculated and the final bill will be modified, all deposits will be forfeit. All our websites must be hosted on the hosting service of our choice and are non-transferable. Should a customer wish to leave our services, the domain name will be made available for a administration fee within 10 working days of receipt of the cancellation request. Domains are not transferable when nearing renewal. Should the domain be nearing renewal, an additional fee will be required to renew the domain to allow transfer.
25. Search Engine Placement
We believe that no service provider can give you an absolute guarantee that they will attain 1st page rankings for your website on Google or any other search engine, we believe this is impossible for any website promotion company to guarantee as none of them “owns” the search engines, and it is the search engines that ultimately decide where to place your website after our websites are built. We wish to provide you with the knowledge that whilst we correctly optimise your website for appropriate terms as part of our service and have a high success rate in the positioning achieved on Google and other search engines. We cannot offer a guarantee on this nor do we think any other company should, customers who want to improve natural rankings on search engines should seek the advice of a Search Engine Optimisation company.
For full terms for our Optimisation packages, please see http://becreative.digital/full-seo-terms
26. 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.
27. Multiple Client Payment options:
If paying by direct debit, please note that Be Creative Design Ltd has appointed the BACS Approved Direct Debit Bureau, Eazy Collect Services Limited (www.eazycollect.co.uk), to collect your payments and Be Creative Group will be shown on your bank statement.
