Terms & Conditions
Definition of our terminology:
- A ‘Project’ is any work undertaken or service provided by North Creative Co. Ltd. for the client on their request.
- A ‘Client’ is a person, persons, business or organisation using any of the services provided by North Creative Co. Ltd.
- ‘Live Mode’ means the date the website is available on the client’s chosen domain.
- ‘Domain’ is the website address as specified by the client.
- ‘Open Source Software’ is software made freely available to anyone under the GNU General Public License (GPL).
- ‘Hosting’ is a yearly cost to keep a clients website activated online.
- ‘Content’ is both text and images that the client requires on the website.
- ‘MB’ stands for megabytes and is a measure of storage space.
- ‘Initiation phase’ is the initial period where the client requirement and information gathering is taking place. This generally lasts 7 days from the date of deposit.
- ‘Active phase’ when the project is actively being worked on by our designers and developers.
- ‘Release phase’ is the final stage when the project has been deployed in the LIVE environment, free 30 days support is given from the date of deployment.
North Creative Terms & Conditions
- The contract between North Creative Co. Ltd. and the Client will be on these conditions, and supersedes all other terms and conditions and contracts.
- The work to be carried out shall be as set out in the North Creative Co. Ltd. confirmation order email.
- Email will be the method of contact with regard to all communication. Although North Creative Co. Ltd. can be contacted by telephone, we will use email as our method of communication and therefore it is the client’s responsibility to inform us of any change in email address so we always have up to date email contact details. North Creative Co. Ltd. cannot be held liable in any way relating to communication issues if we are not supplied with a valid email address.
- North Creative Co. Ltd. will only commence work on a project after receipt of a non-refundable deposit of the quoted project fee from the client.
- Once the project has been switched to Live Mode the remaining balance is then to be paid in full, within 30 days.
- North Creative Co. Ltd. shall expect the client to carry out sufficient research before proceeding with a website. This will include checking that the website/idea/business will operate legally. It is important that the website is not in any way illegal.
- Where North Creative Co. Ltd. have agreed with a Client that a Project is to be paid by monthly instalments rather than our usual terms, and, the initiation phase extends beyond 2 months and North Creative Co. Ltd. have not received any content for the website, any funds paid up to this point are non-refundable.
- It is important for the client to keep in contact with North Creative Co. Ltd. throughout the entire project. If a client does not make contact for 1 week we will make up to 5 attempts to contact the client by email using the email address specified when the client went ahead. If we do not receive a response to these attempts of contact the project may be terminated, any contracts void and any additional funds received will not be refunded.
- Where images used on the website have been purchased by North Creative Co. Ltd.on behalf of the client, these images are strictly for use on the website only. North Creative Co. Ltd. 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.
- North Creative Co. Ltd. will host the website if the client requires us to do so and on receipt of full payment of our hosting fees. In doing so, North Creative Co. Ltd. will endeavour to provide a reliable and professional service to the client at all times but do not guarantee that the website hosting will be available at all times, especially in the event of a technical failure beyond our control.
- North Creative Co. Ltd. cannot be held responsible for anything adversely affecting the client’s business operation, sales, or profitability that might be claimed a result of a service offered by North Creative Co. Ltd.
- Where asked to provide search engine optimisation for a client, North Creative Co. Ltd. cannot guarantee any specific placement or high ranking on search engines.
- North Creative Co. Ltd. will provide the client with an expected completion date for the project (live on the internet) if requested. North Creative Co. Ltd. will endeavour to meet any given deadline, but do not guarantee and are not bound in any way to complete the Project by this date. The expected completion date provided by any employee of North Creative Co. Ltd. is purely an estimate.
- If North Creative Co. Ltd. is unable to complete a project, it will attempt to find another company to complete the project on its behalf. If the Client sources a new company to complete the project, North Creative Co. Ltd. shall agree a fixed price with the client for the new company to complete any remaining work. North Creative Co. Ltd. are unable to vouch for another companies abilities or time-frame for completion of the project. Once the project has been completed, North Creative Co. Ltd. will invoice for the remainder of the project agreed.
- It is the client’s responsibility to check with North Creative Co. Ltd. whether open source software is being used or not.
- The client shall not be charged for open source software. If there is a charge for a website using open source software, the client is paying for the installation time. Open source software is not owned by North Creative Co. Ltd. or the client.
- North Creative Co. Ltd. owns all design and code of the website until final payment has been received in full. Once final payment is received, the client will then own the design and code of the website, unless open source software is used. Images will have been purchased by North Creative Co. Ltd. for the client, unless the images have been supplied by the client. Images purchased by North Creative Co. Ltd. are licensed only for use on the client website, costs for procurement will be paid by the client.
- All images displayed on the client’s website will only be used after authorisation by the client, and are the sole responsibility of the client regarding usage and copyright. Should any legal issues or claims arise from the content or copyright of any images supplied by the client or North Creative Co. Ltd., they will be the sole responsibility of the client.
- Domain names may be registered by North Creative Co. Ltd. and also registered to the North Creative Co. Ltd. current address. Although the domain names are registered to North Creative Co. Ltd., the client is the legal owner of the domain and if they request to have details changed or the domain transferred elsewhere, North Creative Co. Ltd. will do this within a reasonable timeframe.
- It is the responsibility of the client to renew their domain names when due. If a domain name expires, North Creative Co. Ltd. can not be held liable for this or the loss of any data which may incur when a domain name lapses. However, North Creative Co. Ltd. will make reasonable effort to contact the client regarding domain renewal.
- North Creative Co. Ltd. shall be entitled to place an unobtrusive credit with a hypertext link (i.e.Web design North Creative Co.) in the footer of the web site.
- All hosting offered by North Creative Co. Ltd. is limited to 2,000MB of website space unless otherwise stated in a separate contract. If your site requires more than 2,000MB of space we will advise of other hosting solutions and then cease hosting the site.
- When a client renews hosting with North Creative Co. Ltd., this also includes domain renewal if the renewal is needed to keep the site functioning and was purchased as part of the hosting package. If the client does not renew the hosting, their domain name could be made available to the public for purchase and North Creative Co. Ltd. can not be held liable for this.
- Renewal of hosting is due on an annual basis. The date of renewal will be annually from the date the website was ordered by the client. The hosting will not be renewed if North Creative Co. Ltd. cannot contact the client or the client requests for North Creative Co. Ltd. to not host this site.
- The Hosting renewal charge must be received within 14 days of the hosting expiry date. North Creative Co. Ltd. reserve the right to deactivate any website where the hosting has expired and the client has not paid the renewal charge. There will be an charge set by North Creative Co. Ltd. for reactivating the website/hosting.
- If the client does not use North Creative Co. Ltd. hosting services, then the management and hosting of the domain name are the full responsibility of the client.
- All email supported through the North Creative Co. Ltd. hosting is limited to a fair usage policy and should only be used for sending day to day emails. Using your smtp account details to send bulk emails and email marketing is considered above fair usage and your account will be suspended.
- The database size of your hosting is approximatley 200MB. If you require anything larger than this on a permenant basis, you will be required to upgrade to a dedicated server.
- North Creative Co. Ltd. has no control of, or responsibility for, the content of clients’ websites. In no way does the textual or image based content of our client’s web sites constitute North Creative Co. Ltd. endorsement, or approval of the website or the material contained within the website. North Creative Co. Ltd. has not verified any of the materials, images or information contained within our client’s websites and is not responsible for the content or performance of these sites or for the client’s transactions with them. North Creative Co. Ltd. provides links or references to our client’s websites solely for the convenience of prospective customers and intends that the links it provides be current and accurate, but does not guarantee or warrant that such links will point to the intended client site at all times.
- North Creative Co. Ltd. are not liable for loss, damage or corruption to files or information stored on its servers or individual PCs relating to a client’s website. The client is solely responsible for any information or files relating to its website.
- If a Domain name is purchased by the client through a company other than North Creative Co. Ltd., the client has full responsibility in making sure that the domain name is renewed when due. North Creative Co. Ltd. will not renew the Domain name when annual Hosting renewal is due if the Domain name is purchased through a company other than North Creative Co. Ltd.
- North Creative Co. Ltd. makes no claims that the contents of this website may be lawfully viewed or downloaded outside England and Wales. Access to this website may not be legal by certain persons or in certain countries. If this website is accessed from outside of the United Kingdom, it is done at own risk and the visitor is responsible for compliance with the relevant laws of the visitor’s jurisdiction. The terms and conditions of this website are governed by the laws of England and Wales. Jurisdiction for any claims arising in respect of this website’s content shall lie exclusively with the courts of England. If any provision of these terms and conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these terms and conditions, which shall remain in full force and effect.