The small print
CREATED is the trading name of Eclectik Design Limited Limited.
Suitability
Eclectik Design Limited will not design or host websites that are considered in our opinion to be of an “adult” nature.
Copyrights and Trademarks
The Client unconditionally guarantees that any text, graphics, photos, designs, trademarks, or other artwork supplied to Eclectik Design Limited or their representatives for inclusion in a Web Design Project are owned by the Client, or that the Client has obtained express permission from the rightful owner to use any of these inclusions, and will hold harmless, protect, indemnify and defend Eclectik Design Limited and its subcontractors from any liability (including legal fees and court costs), including any claim or suit, threatened or actual, arising from the use of such inclusions provided by the Client.
Ecommerce
Our ecommerce websites are built using cartweaver php or wordpress can be tailored to your bespoke design. The functionality of the standard cart can be altered at an additional cost which is quoted per job.
Domain Name Registration and renewal
We make no guarantees that the domain name(s) you wish to register are available and capable of being registered or that it/they will be registered in our name. You should not assume registration of your chosen domain name until you have written notification of registration. Domains are renewed each year unless you give us written confirmation of cancellation 2 weeks prior to the renewal date.
The registration and use of domain names is subject to the terms and conditions of the issuing authority. These terms and conditions can be viewed on the relevant authority website.
Web Hosting renewals
Yearly web hosting is renewed each year unless you give us written confirmation of cancellation 2 weeks prior to the renewal date.
eclectik design shall be entitled to withhold the release of any domain name to another provider or “tag holder” unless full payment of all amounts due at that time have been received by us and a transfer fee payable at the current amount has been paid.
Completion Date
An agreeable date for website completion or as a time scale in weeks will be set and agreed to by both the Client and Eclectik Design Limited. Eclectik Design Limited and the Client agree to work together to complete the project in a timely manner. We include within our quoted work, two rounds of text and image amendments. After this, additional amendments can be made at our studio rate of £75.00 plus vat per hour or quoted per job. The client has 30 days from first viewing of the updated content to approve the content after this period it is unconditionally considered as approved and payment will be due.
Upon Completion
The final build will be published to a server of the Client’s choice (subject to server suitability) OR eclectik design own hosting service OR provided via 1 Compact Disc. This will only be carried out upon receipt of a confirmation email returned to Eclectik Design Limited with subject marked ‘APPROVED’. This email is confirmation of satisfaction with and the project and to define the project as completed. Alterations to the project after this email has been returned will carry charges at current maintenance rates.
Electronic Commerce Laws
It is agreed that the Client is solely responsible for complying with any laws, taxes, and tariffs applicable in any way to the Web Design Project or any other services contemplated herein, and will hold harmless, protect, and defend eclectik design and its representatives from any claim, suit, tax, fine, penalty, or tariff arising from the Client’s use of Internet electronic commerce and/or any failure to comply with any such laws, taxes, and tariffs.
Payments
Payments must be made promptly based on the terms of business of Eclectik Design Limited. These are and not limited to:
a) Web development work:
i) A 50% deposit will be paid before any work commences.
ii) 25% will be paid at sign off of creative ideas and before final build and development begins.
iii) Full remaining payment due on completion of work and before website upload or making live.
b) Other work:
i) A 50% deposit will be paid before any work commences.
ii) Full payment due on completion of work (unless terms have been agree). Failure to pay on time may render the client liable to a charge of interest payable from day to day on overdue amounts at a rate of 2% above base rate.
c) Any work carried out by Eclectik Design Limited Limited shall remain the property of Eclectik Design Limited until final payment has been made.
d) Eclectik Design Limited reserves the right to remove any Web Site from viewing on the Internet until final payment is made. In case collection proves necessary, the Client agrees to pay all fees (including all solicitors fees and court costs) incurred by that process. Subject to 24hrs notification by e-mail, non-payment notices may, at the discretion of Eclectik Design Limited, be displayed at the URL of the removed website and email services suspended after the due payment date exceeds 30 days. We will appoint Debt Recovery Specialists to recover all overdue payments.
e) All payments are provided on an ongoing basis and are due in advance of service. Cancellation may be given in writing 1 month in advance of termination. No refund will be given. Webhosting is deemed to commence from the date of e-mail services being initiated.
f) Webhosting payments are due from the invoice date. If payment is not received within 15 days from the invoice date, the account shall be suspended. If an account is suspended, there will be a £50.00 plus vat charge to reinstate the account.
Termination
Eclectik Design Limited reserves the right to immediately and permanently remove hosted web pages and contents therein if it has reason to believe such pages infringe copyright or intellectual property laws. No reimbursement for such action will be given.
Eclectik Design Limited reserves the right to immediately and permanently remove hosted web pages and contents therein, and to terminate any other service provided, in the event that the client is in arrears with payments.
Eclectik Design Limited reserves the right to give 1 months notice not to renew any contract for ongoing services. No reason need be given for this action.
Legal Notice
Notwithstanding anything to the contrary contained in these terms and conditions, neither Eclectik Design Limited nor any of its representatives, associates or agents, warrant that the operation will be uninterrupted or error-free. The entire risk as to the quality and performance of the Website is with the Client. In no event will Eclectik Design Limited be liable to the Client or any third party for any damages, including, but not limited to, service interruptions caused by Acts of God, the Hosting Service or any other circumstances beyond our reasonable control, any loss of profits, lost savings, loss of data, virus infections or other incidental, consequential, punitive, or special damages arising out of the operation of or inability to operate the website or e-mail facility, failure of any service provider, of any telecommunications carrier, of the internet backbone, of any internet servers, your own or your site visitor’s computer or internet software, even if Eclectik Design Limited has been advised of the possibility of such damages.
Indemnity
You shall indemnify us and keep us indemnified and hold us harmless from and against any breach by you of these terms of business and any claim brought against us by a third party resulting from the provision of Services by us to you and your use of the Services and the Server including, without limitation, all claims, actions, proceedings, losses, liabilities, damages, costs, expenses (including reasonable legal costs and expenses), howsoever suffered or incurred by us in consequences of your breach or non-observance of this Agreement;
Limitation of liability
We are not responsible for any use you make of our services. In addition you agree to indemnify us against any of the effects of your use or misuse of our services, or claims resulting from that use or misuse.
In no event shall we be liable to you for any loss of business, contracts, profits or anticipated savings or for any other indirect or consequential or economic loss whatsoever;
We shall take reasonable measures to endeavour to maintain our services, but you will not be eligible for any compensation because of any loss or unavailability of any service we provide. We reserve the right to change any service at any time.
You are responsible for any material stored on our servers. We shall not be held responsible for any loss, however caused, of this material.