The following terms and conditions apply to all website development / design services provided by Essence Creative Solutions to the Client.
These terms and conditions form part of the Agreement between the Client and myself, Craig Beck (Essence Creative Solutions).
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.
2. Charges
Charges for services to be provided by Essence Creative Solutions are defined in the project quotation that the Client receives via e-mail. Quotations are valid for a period of 60 days. Essence Creative Solutions reserves the right to alter or decline to provide a quotation after expiry of the 60 days.
Unless agreed otherwise with the Client, all website design services require a non-refundable advance payment of a minimum of twenty five (25) percent of the project quotation total before any work is started. The initial 50% payment covers all work upto the point that the home page design has been accepted. A second charge of seventy five (75) percent is required upon completion of all work, prior to upload to the server or release of materials.
Payment for services is due by cheque, bank transfer or Direct Debit. Cheques should be made payable to Essence Creative Solutions and sent to Essence Creative Solutions, 18 Arthurston Terrace, Coylton, Ayr, KA6 6HY. Bank details will be made available on invoices.
3. Client Review
Essence Creative Solutions 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 Essence Creative Solutions otherwise within seven (7) days of the date the materials are made available to the Client.
4. Turnaround Time and Content Control
Essence Creative Solutions will complete or supply the Client’s website as soon as possible, or at a date agreed in writing with Client if requested. If a fixed completion date is to be set, it must be agreed and set prior to the deposit payment being made.
In return, the Client agrees to delegate a single individual as a primary contact to aid Essence Creative Solutions with progressing the commission in a satisfactory and expedient manner.
During the project, Essence Creative Solutions will require the Client to provide website content including text, images, links, video, audio and any other content files.
**** 6. Failure to provide required website content
Essence Creative Solutions is a small business, to remain efficient we must ensure that work we have booked in is carried out at the scheduled time. On occasions we may have to reject offers for other work and enquiries to ensure that work is completed at the time arranged.
If Client agrees to provide us with the required information and subsequently fails to do so within two weeks, we reserve the right to close the project and the balance remaining becomes payable immediately. Once the project has been closed we reserve the right to charge an admin fee of £100 to re-start the project.
The option to re-start the project shall be at the discretion of Essence Creative Solutions. Any deposits paid shall be non refundable.
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.
7. Payment
Invoices will be provided by Essence Creative Solutions before publishing the live website.
Invoices are sent via email and are due upon receipt.
8. Additional Expenses
Client agrees to reimburse Essence Creative Solutions for any additional expenses necessary for the completion of the work. Examples would be purchase of special fonts, stock photography etc. Any additional expenses to be incurred during the project development will be agreed with Client prior to being incurred.
9. Web Browsers
Essence Creative Solutions 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 and current versions of browsers at the time the site is developed (e.g. Internet Explorer, Edge, Firefox & Google Chrome).
Client agrees that Essence Creative Solutions cannot guarantee correct functionality with all browser software across different operating systems.
Essence Creative Solutions cannot accept responsibility for web pages which do not display acceptably in new versions of browsers released after the website has been designed and handed over to the Client.
10. Default
Accounts unpaid twenty eight (28) days after the date of invoice will be considered in default. If the Client in default maintains any information or files on Essence Creative Solutions servers, Essence Creative Solutions will, at its sole discretion, remove all such material from its servers. Essence Creative Solutions 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 on the Client’s account.
Clients with accounts in default agree to pay Essence Creative Solutions reasonable expenses, including legal fees and costs for collection by third-party agencies, incurred by Essence Creative Solutions in enforcing these Terms and Conditions.
11. Termination
Termination of services by the Client must be requested in a writing and will be effective on receipt of such notice. Telephone requests for termination of services will not be honoured until and unless confirmed in writing. The Client will be invoiced for design and development work completed to the date of first notice of cancellation for payment in full within twenty eight (28) days.
12. Indemnity
All Essence Creative Solutions services may be used for lawful purposes only. You agree to indemnify and hold Essence Creative Solutions harmless from any claims resulting from your use of our service that damages you or any other party.
13. Copyright
The Client retains the copyright to data, files and graphic logos provided by the Client, and grants Essence Creative Solutions 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 Essence Creative Solutions permission and rights for use of the same and agrees to indemnify and hold harmless Essence Creative Solutions from any and all claims resulting from the Client’s negligence or inability to obtain proper copyright permissions.
Where images used on the website have been purchased by Essence Creative Solutions on behalf of the client, these images are restricted by license for use on the purchased website only. Essence Creative Solutions are not liable for misuse of these images by the client or any other person’s copying, altering or distributing the images to individuals or other organisations.
14. 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 (Standard Word document or via e-mail) and that all photographs and other graphics will be provided electronically in .gif, .jpeg, .png or .tiff format.
15. Design Credit
A link to Essence Creative Solutions will appear in small type at the bottom of the Client’s website. If a Client requests that the design credit be removed this will be actioned free of charge if requested before the website is completed. If requested after the completion of the website the edit will be charged at the standard hourly rate.
The Client agrees that the website developed for the Client may be presented in Essence Creative Solution’s portfolio.
16. Access Requirements
If the Client’s website is to be installed on a third-party server, Essence Creative Solutions 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.
*** 18. Domain Names
Essence Creative Solutions may purchase domain names on behalf of the Client. Unless Client request otherwise, domain names will be registered in the name of Essence Creative Solutions. 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 Essence Creative Solutions.
The Client should keep a record of the due dates for payment to ensure that payment is received in good time.
*** 19. Website Hosting
If Client selects Essence Creative Solutions to host a website the Client must make the agreed monthly payments on time. Essence Creative Solutions recommends setting up a standing order to cover this monthly payment. If Client is more than 30 days late in making payment, Essence Creative Solutions, at its sole discretion, may remove all material that relates to the Client from its servers. Essence Creative Solutions 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 on the Client’s account.
If the client does not use Essence Creative Solutions hosting services, then the management and hosting of the website is the full responsibility of the Client. Website hosting can be cancelled by either Essence Creative Solutions or the Client at any time by providing 28 days notice. If the client does not wish to renew the monthly hosting, the site files and associated data can be made available to the client on request and any domain name can be transferred to the client’s nominated registrar account. A small admin fee to cover the time to do this may be payable.
23. General
These Terms and Conditions supersede all previous representations, understandings or Agreements. The Client’s signature below or payment of an advance fee constitutes Agreement to and acceptance of these Terms and Conditions. Payment is an acceptance of our terms and conditions.
24. Governing Law
This Agreement shall be governed by Scottish Law.
25. Limited Liability
Essence Creative Solutions hereby excludes itself 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.
The entire liability of Essence Creative Solutions 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.
26. 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.