Terms And Conditions
Our payment terms are 21 days .
Unless stated or agreed otherwise you must make payment within 21 days of receipt of any invoices.
Failure to do so may result in:
- An interest charge of 8% plus the reference rate for the bank of England under the Late Payment of Commercial Debts (Interest) Act 1998 and compensation arising from late payment under section 5A of the Late Payment of Commercial Debts (Interest) Act 1998
- A fixed admin fee of £95+vat.
The required payment timeframe is stated on the first page of all invoices.
If we do not receive payment within this timeframe we will reserve the right to restrict the services that we provide, this will include suspension of hosting, websites and emails.
Payment for care plans, hosting and SEO campaigns is required in advance to the month/period the service is provided.
Our primary means of contact is via email and via our portal system. Please ensure that you provide us with an up to date email address and check the portal using the URL you are provided to stay in contact.
Legal & License.
Creative Brand Design warrants that the functionality contained in work undertaken will meet the client requirements and that the operation will be reasonably error-free.
The entire risk as to the quality and performance of the work is with the client. In no event will Creative Brand Design be liable to the client or any third party for any damages, including any lost profits, lost savings or other incidental, consequential or special damages arising out of the operation of or inability to operate the website, even if Creative Brand Design has been advised of the possibility of such damages.
If any provision of this agreement shall be unlawful, void, or for any reason is unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.
Revision During Execution
The client may be charged additional fees if they decide to make changes to the agreed-upon project scope and objectives.
Copyrights and Trademarks.
The client represents to Creative Brand Design and unconditionally guarantees that any elements furnished to Creative Brand Design for inclusion in the project are owned by the client, or that the client has permission from the rightful owner to use each of these elements, and will hold harmless, protect, and defend Creative Brand Design and its subcontractors from any claim or suit arising from the use of such elements furnished by the client.
Creative Brand Design guarantees that all aspects of design and construction of the project will be disclosed to the The Client upon completion, including the full code, once full payment has been received.
Creative Brand Design retains the right to display graphics and other design elements as examples of its work in its portfolio and display an accreditation link in the footer of the client’s website.
All time-frames given for work undertaken are estimates. In no event will Creative Brand Design be liable to the client or any third party for any damages, including any lost profits, lost savings or other incidental, consequential or special damages arising from delivering any work within a given time-frame.
Any amount quoted for website projects, unless explicitly stated or agreed otherwise, excludes hosting of the website, domain name registering, video and image stock licenses and any additional licenses required for the operation/running of the website, outside of those agreed in the proposal.
If the The Client halts work on a project, work completed shall be billed at the hourly rate and deducted from the total cost quoted. If at the time of the request for a refund, work has been completed beyond the amount covered by the initial payment, The Client shall be liable to pay for all work completed at the hourly rate stated above.
For every website project, a timescale for delivery will be provided. If the project time extends outside of the allocated timescale due to:
- Lack or delay of correspondence from the client.
- Slow or delayed delivery of content from the client.
- Changes to the initial spec/proposal by the client.
An additional hourly charge may be incurred.
In the event The Client becomes unresponsive or does not respond in a timely manner Creative Brand Design reserves the right to progress the project as they see fit in order to deliver the project within the agreed timescales. This can include progressing the project phases in accordance with the start of those phases.
Once a website project is complete, unless agreed otherwise, the client has 14 days to request any changes that relate to:
- Interoperability Errors
- Small discretionary tweaks
- Spelling mistakes.
After this period, unless agreed otherwise, changes may become chargeable at an hourly rate.
After a 14 day period, if your website is not hosted on our hosting, unless agreed otherwise, any errors, downtime, detection of viruses, malware, slow loading times or any issues relating to the operation of the website or any system we install are the responsibility of the website host, we will charge an hourly rate if requested to aid in resolving any such errors.
If you choose to host your website with another host other than Creative Brand Design Ltd and during or after the project additional work or correspondence is required from Creative Brand Design Ltd, the additional time will be charged at our hourly rate. (This includes additional time setting up any aspect of the server, correspondence to and from the server host, additional set up time as compared to using our own host).
Creative Brand Design may offer at its discretion website maintenance work on a retainer basis.
In the case a set amount of hours are agreed within this retainer, Creative Brand Design at its discretion may roll up to 50% of the non-utilized hours onto the following month/retainer period.
Hours may only be rolled over once and not accumulated and are subject to our availability.
Hosting is invoiced in advance for a minimum of a 1 year period.
However, should you wish to pay monthly, at our discretion, you may pay for web and email hosting monthly via a debit/credit card subscription via your CBD portal account.
If a subscription is not subscribed to and valid payment added by the start date given for the subscription, or if the subscription payment fails or is cancelled, an annual invoice will be raised and will become due.
If you wish to cancel or move your hosting, we require 30 days written notice. We do not offer refunds for any hosting fees paid in advance.
If you require to move your website/emails to another host, we may provide an export of your website’s source code and database. There may be a fee to provide these files and if any outstanding invoices remain on your account we reserve the right to not release any files until all outstanding amounts are settled.
If your website surpasses the hosting space or usage limit allocated as detailed/quoted an additional hosting charge may be applied, we will notify you via email if this is the case.
If your website or any script/file/resource associated with your website utilizes a large amount of server CPU or RAM, additional work may be required to re-allocate your website to another host or optimise your files. (you will be notified if this is the case and this may be charged at an hourly rate).
Failure to pay hosting fees within the stated terms on your invoice may result in the suspension of the hosting service.
After 90 days if payment is not received all files associated to your hosting account will be deleted.
Once any hosting service is cancelled with Creative Brand Design files and data may be deleted and not stored unless specially agreed otherwise.
In the case when a problem with your website or email arises, if you’re hosting is through our server you may notify us of the error via email and we will work to resolve any issues.
In the case where an error arises from internal errors, we endeavour to resolve any issues inclusive of the monthly hosting cost.
In the case where an error arises through a circumstance caused by the client, a third party to the client or the websites files, an additional charge to resolve the issues may be applied.
I.e. Websites are running slow due to excessive server load – endeavour to resolve any issues inclusive of the monthly hosting cost.
I.e. Websites are running slow due to a modification made by the client – an additional charge to resolve the issue may be applied.
Hosting & Website Care Plan
Creative Brand Design may offer at its discretion a website care plan to provide ongoing support and maintenance work.
Unless stated otherwise your hosting and website care plan entitles you to up to 1 hour of our time per month for support for your website as required.
Hours for care plans may be used at the client’s discretion, where no requests are received from the client within a given period Creative Brand Design at its discretion will utilise the time to perform updates/maintenance for the website.
Care plan hours cannot be accumulated or rolled over to the following period.
Terms and conditions for Hosting Services apply.
In the case that Creative Brand Design acts on behalf of a client to register a domain the domain will be registered using domain privacy and set to auto renew on expiry.
It is the client’s responsibility to inform Creative Brand Design if they wish or intend to not renew the domain registration, otherwise, the domain will be automatically renewed.
If the client wishes to transfer the domain away from Creative Brand Design registration service a transfer fee may be incurred.
We do not release any artwork or source code for any projects until full payment has been received. All designs , graphics and code remain the property of Creative Brand Design Ltd until full payment for the deliverables has been received.
An additional charge may be applied if artwork files are requested in a format that can be edited (PSD, AI).
We recommend a minimum 3-6 month period for all SEO campaigns in order to have the time and resources to effectively achieve results.
We require 30days written notice to cease or cancel any retainer work, including SEO, PPC and social media retainers.
You will still be charged for the current month and may be charged for the following month if 30 days written notice is not given within the 30-day threshold for the end of the month or billable period.
Please note that at any time a search engine may change their ranking algorithm, which may result in massive fluctuations in rankings. We endeavour to allow for any changes but in some cases rankings may be massively affected either positively or negatively, through reasons beyond our control.
Unless explicitly stated otherwise all amounts quoted in all Creative Brand Design’s SEO quotes and invoices are monthly fees.
Please note that our SEO campaigns do not come with a guarantee of sales, enquiries or rankings. We do everything to ensure that we meet the KPI’s agreed in your SEO proposal/agreement, but we cannot guarantee a specific outcome due to the nature of SEO and Search Engines.
In some cases, third party licences will be required to deliver functionality essential to the operation of your website. These may include services such as Google Maps API, Font licences or for plugins required for the operation of the website.
Unless stated otherwise, the quoted price for the build of your website will include licensing of third-party functionality and services for 1 year from the project signing date. Should an ongoing charge be required, we will invoice for the licence around the time of the renewal date. Should you require the licence be transferred to your ownership so you may pay directly, please contact us and we will arrange for this.
If your website uses a Google Map a small monthly charged will be invoiced annually to cover this cost. You will have the option in the site backend to replace this Google Maps API key with your own should you require, to avoid us invoicing you for this usage. If your site makes use of other Google API services such as locations or places, then we will contact you directly with details of your monthly usage charges.
In some cases, we may license premium fonts for use on your website. Some premium fonts such as Adobe fonts may require a small yearly charge to license the font for use on your website or domain. We highly recommend that the licences for these fonts are transferred into your ownership, however should we continue to hold the licence after 1 year from the project signing date a small monthly charge will be invoiced annually to cover the licence cost.
Where it is the responsibility of the client to provide content for the website we will endeavour to help facilitate and assist in populating the website with the provided content.
Once the project reaches “phase 5 content population” we will allow an additional 4-week grace period outside of the project timeframe for the client to produce any required or additional content for the website and we will assist in populating this.
Once this grace period has passed, we will progress to “Phase 6 – Testing and launch”. If the site is not ready to be launched at this point, we will host the website on our staging server, providing access and training to the client to continue populating the website. The final payment for the project will be required at this stage.
We will host the website on our staging server for up to 2 months, allowing access to the client to continue populating the website as required. We will assist in launching the site or sending a copy of the site to the client in this timeframe where requested.
Once this 2-month period expires, we will package the site up and deliver it to the client and remove the site from our staging server.
Should the site need to be hosted on the staging server for a period outside this 2-month grace period we will charge hosting fees at the required rate.