Terms of Service

Web/Design Procurement Process

The following list describes the web site procurement process. The responsibilities of both the Client and CREATIVE70 during this process are outlined. The client should ensure that these are fully understood.

Initial Client Enquiry: The client contacts CREATIVE70 regarding their web site/design requirements.

Agree Requirements:A telephone or onsite meeting is held with the client to agree the site specification and requirements. Note that for low cost work onsite meetings will generally not be possible.

Estimate Provided: CREATIVE70 provides an estimate of the costs for the design and/or creation of the web site and the time it will take to complete.

Approval for Work to Commence: The client accepts the estimate. Initial designs are produced and approved by the client. The client will be invoiced for 50% of the estimated project costs.

Client Provides Material and Content: The client will provide all agreed written material, information and images before work commences.

Work Commences: Upon receipt of payment of the initial invoice CREATIVE70 will commence work on the project and upload the developing site to a temporary space on the Internet. This will allow the client to view and approve the on-going work and to provide feedback.

Completion: When the client agrees that the site meets the requirements an invoice for the final amount will be issued. Upon settlement of this invoice the site will be released for upload to the client’s server or permanent live web space.

On-going Maintenance: Any regular maintenance or search engine promotion activity is then agreed.

Terms and Conditions

Contract: Any contact is between the client and CREATIVE70, not a third party contractor of the said client. Agreeing to commence a project with CREATIVE70 shall be deemed as a contractual agreement. Important: Payment of the advance fee indicates that the client accepts these terms and conditions.

Material: All material supplied by the client shall remain the client’s property. It will be assumed that this material belongs to the client and that it does not breach any copyright laws.

Domain Names: Domain names registered on the Customer’s behalf are at no time the property of the Customer. Upon registration of a domain name the customer acquires the right to use the domain name for the period agreed but does not hold title to it. Where CREATIVE70 have registered the domain name on the customer’s behalf this domain name will be registered to CREATIVE70. CREATIVE70 agrees to transfer this domain to the customer or his/her agent when asked to do so providing that all accounts have been settled. (NOTE: There is normally no charge for a domain name transfer.)

Registration Charges: All costs arising from the registration of a domain name shall be met by the Client and are payable to CREATIVE70. These, if applicable, will be included in the standard invoice issued after approval for work to commence.

Privacy: CREATIVE70 use a third party hosting company whose privacy statement read as follows:

“MT Networks will pass personal data within its internal departments in order to fulfill sales and support obligations as well as to finance departments to enable invoicing.

As a general rule, MT Networks does not disclose personal data to unaffiliated third parties except where customer consent has been obtained, where MT Networks is under an obligation by law to disclose personal data or where MT Networks has contracted with third parties to assist in providing services to MT Networks customers such as for delivery, installation and systems support services.”

Intellectual Property: CREATIVE70 will retain the copyright of any material, including the source code, created for the client by CREATIVE70 until payment of the final invoice. At this time it will become the property of the client.

Search Engine Submission: CREATIVE70 are not responsible for the client’s on-going web site promotion. Should the client require the site to be promoted a separate contract must be agreed. CREATIVE70 can make no guarantees about the success of any search engine promotion activity because this is controlled by the search engines.

Cancellation: Should the client wish to cancel at any point during the process they shall remain liable for the work that has taken place to date.

Estimates/Quotations: The price quoted to the client is for the work agreed on the estimate only. Should the client decide that changes are required as the site is developed, these changes will be subject to agreed timescale and costs.

Advance Payment: An advance of 50% of the total cost of the project is required when the client agrees to a project. This is non-refundable once work has commenced. This can be split in to two payments of 25%, one prior to work commencing and the other once design is agreed. This is wholly at the discretion of CREATIVE70.

Hosting Plans: All web hosting plans are backed by a 7-day money back guarantee. If you are not completely satisfied with our services or support within the first 7 days of our contract, you will be given a full refund of the contract amount, less domain registration fees, over-usage fees or SSL certificate registration fee where applicable. Refund payment will by made within 30 days of receipt of cancellation request. After the initial 7 days there will be no refund. All plans run for 12 months.

Hosting Setup fee: The customer agrees to pay in full the amount of any non-recurring one-time setup fees, if applicable, prior to any hosting agreement.

Hosting fee: The customer agrees to pay any recurring fees one term in advance each anniversary date. These include annual hosting costs and monthly hosting costs by prior arrangement with CREATIVE70.

Payment terms: Payment is currently accepted by BACS/Bank Transfer or by PayPal. If you would like to pay via PayPal an electronic payment request link will be sent by email to your chosen email address. There may be a small administration charge added to cover PayPal fees.

Final Payment: Payment is due within 7 days of final invoice. The completed web site will only ‘go live’ after full payment has been received. Any previously published site pages may be removed if payment is not received.This may incur a restoration fee.

Accounts that have not been settled within 7 days may incur a late payment charge. You will be charged statutory interest of 8% above the Bank of England base rate (fixed for the six month period within which date the invoices became overdue) pursuant to the late payment legislation.

Suspension of Service: CREATIVE70 will suspend service from clients in the following circumstances:

  1. The client refuses or ignores requests to revisit the matter of charges for additional hosting due to the website making excessive and/or unforeseen demands on the server.
  2. The client refuses or ignores requests to revisit the matter of charges for additional hosting due to the website consuming excessive amounts of bandwidth.
  3. The client does not pay the required deposit.
  4. The client does not pay the balance of monies owing to CREATIVE70 upon going live.
  5. The client does not settle additional invoices within the stated time period.
  6. The client does not pay the hosting fees within a stated period of time.
  7. There is delinquent use of the website, including attempts at hacking, the running of unauthorised scripts (or executables) or the posting of salacious, pornographic, defamatory, hateful, racist, illegal or otherwise objectionable material. CREATIVE70’s decision over server misuse is to be considered final.
  8. Suspension of service may occur if any outstanding invoices are not paid within a reasonable time period.

Note: Where malicious or reckless use of the server by a client results in data, connectivity or hardware loss, CREATIVE70 will suspend service immediately and may take legal action.

Reinstatement of service: Where resinstatement of service is required following suspension for any of the above reasons, a £35 service charge will be required before reinstatement takes place.

Future Support: The completed web site is provided as a finished project. CREATIVE70 will provide future support upon request charged at an hourly rate. Support packages are available.

Notes:
CREATIVE70 reserves the right to waive any of these terms on an individual basis, and by doing so does not affect the validity of remaining clauses or commit CREATIVE70 to waive the same clause on any other occasion.

By agreeing to these terms and conditions your statutory rights are not affected.

CREATIVE70 reserves the right to change or modify any of these terms or conditions at any time.

CREATIVE70