Terms &Conditions © 2015 Creative Hat
(Please ensure that you read and understand these conditions before paying the advance deposit fee.)
1: The Contract: Approval for work to begin will be considered a contractual agreement between the client and Creative Hat once the deposit has been paid. The client’s approval for the work to begin together with payment of the deposit signifies that the client agrees to the terms and conditions as outlined in this document.
2: Copyright: Creative Hat retains full intellectual copyright of all original artwork, logos, graphics, images and source code for the client’s project until the final invoice (balance) has been paid, at which time intellectual copyright is transferred to the client.
3: Client Liability: (A.) In the event that the client provides copy, images, or any other content for their project, they are legally accountable for making sure that it does not infringe copyright. (B.) Creative Hat on occasion purchases stock images under licence. In most cases, the licence covers these for specific use. In the event that the client wishes to use these same images for any other purpose (e.g. marketing literature), they are legally responsible for ensuring that the licence covers the extended usage.
4: Domain Name Registration: Any costs incurred from domain name registration are passed on to the Client. Creative Hat recommends that clients register their own domain names, but in the event that we have registered it on their behalf, we will transfer the domain name over to the client on request at no further expense to the initial cost of purchase).
5: Search Engine Optimisation (SEO): Although all of our sites are standards compliant and SEO friendly, Creative Hat is not responsible for any website promotion unless a separate contract is agreed. The manner in which websites rank in organic search results is governed by search engine protocols which render it is impossible to make guarantees or predictions on rank & position. If an SEO contract is agreed, we require all proofed copy for your site in advance, so that we can plan and implement the SEO strategy and keywords/phrases.
6: Cancellation Policy: In the event that the client desires to cancel after the work has been agreed and the deposit has been made, they will remain liable for any work that has been carried out, and will be invoiced in accordance.
7: Delays: All required information and content must be provided prior to work commencing. If we are delayed as a result of late delivery of content or information, we reserve the right to impose an additional fee of 25% of the full amount agreed (deposit + balance).
8: Conceptual Work: Concepts for layouts, graphics, branding / logo design etc. is limited for lower priced websites, but is included at an agreed rate for higher cost websites where it is a necessary part of the work. Time spent on conceptualising is discussed in advance of any agreement.
9: Refund Policy: Once the work has been agreed, and the deposit is paid, it is not refundable.
10: Method of Payment: Unless otherwise agreed, all payments are by cheque or BACS. If your cheque is returned by the bank as unpaid for any reason, you will be liable for a ‘bounce’ charge of £35.00
11: Payment of Balance: Balance invoices are issued once the work has been completed to the client’s satisfaction, at which time Payment is due immediately. We retain all rights to our work until full payment has been received at which time intellectual copyright is transferred to the client.
12: Ongoing Support: The completed website is transferred to the client in its finished state. Any faults or bugs subsequently found within our code will be amended by us free of charge, but ongoing support is an additional service which we provide for an agreed fee. In the event that access to your website’s code is given to third parties, we are no longer responsible for any problems that arise.
13: Future Site Problems: Problems caused by malicious software, spyware, viruses and website hacking are a fact of life on today’s Internet. It is highly unlikely that these will affect your website, and Creative Hat will endeavour to protect it from this as much as we can during its creation, but after the website is handed over we cannot be held responsible for problems caused by illegal activity or the actions of others.
14: Seperate Client Hosting: In the event that we need access to a clients hosting space via a username and password login, the client is advised to change the login details once the website is transferred. In the event that the client changes the password, further support will be terminated, as we cannot be held responsible for changes made by third parties.
15: Ecommerce Regulations: With regard to trading sites, we can advise, but the client is responsible for making sure that the website and its content are compliant with relevant current online trading legislature. Once the balance payment has been paid for an ecommerce website, we are absolved of liability relating to security or payment system issues.
16: Validity of Quotation: All quotations provided by us are valid for 30 days from the date on the document unless otherwise formally agreed.
17: Timeframe / Lead Times: The agreed completion date is subject to the deposit payment being made on time; otherwise we reserve the right to re-schedule in accordance with our other commitments
18: Provisos: Creative Hat may waive or alter or overwrite (via proviso) any of the above terms for a specific individual contract without affecting the legality of remaining clauses or constrain Creative Hat to waive the same clause at any other time.
By agreeing to these terms and conditions your statutory rights are not affected. Creative Hat reserves the right to change any of the clauses in these terms or conditions at any time.
3 Crome Apartments
St Augustine’s Street
Norfolk NR3 3BY
Tel: 01603 620667