Concept Creative Terms & Conditions

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This website is the full Copyright of Concept Creative and must not be reproduced, copied or infringed upon without permission from the owner or site developer. Any person using the services of Concept Creative agrees to the terms and conditions set out within this page. A hard copy will be sent to any client prior to any work being undertaken.

Copyrighting and the Clients Responsibility

Any elements of text, graphics, photos, designs, trademarks, or other artwork that you provide me for inclusion in your web site are either owned by your good selves, or you have permission to use them.  The client is responsible for ensuring they are not infringing on any images/photographs which are provided for the web site.

When final payment is recieved, copyright is automatically assigned as follows:

The client owns the graphics and other visual elements that I create for the project. I will give the client a copy of all files and they should store them really safely as I am not required to keep them or provide any native source files that I used in making them.

The client also owns text content, photographs and other data they provided, unless someone else owns them. I own the XHTML markup, CSS and other code and I license it to the client for use on only that project.

I love to show off my work and share what I have learned with other people, so I also reserve the right to display and link to the completed project as part of my portfolio and to write about the project on web sites, in magazine articles and in books about web design.

Search Engine Promotion

Concept Creative is not responsible for the client’s on-going web site promotion. Should the client require the site to be promoted on an ongoing basis a separate contract must be agreed. The order in which Websites are ranked in the natural search results is controlled by the search engines. While I can optimise your site for this I am unable to make any guarantees about the success of any search engine promotion activity.

Cancellation

Should the client wish to cancel at any point during the process they shall remain liable for the work that has taken place and shall be invoiced accordingly.

Design

I will create designs for the look-and-feel, layout and functionality of your web site. This includes one main design plus the opportunity for you to make up to two rounds of revisions. If you’re not happy with the designs at this stage, you must pay me in full for all of the work that I have produced up to that point and you may either cancel this contract or continue to commission us to make further design revisions at the hourly rate of £35 per hour.

XHTML/CSS layout templates

If the project includes XHTML or HTML markup and CSS templates, I will develop these using valid XHTML markup and CSS2.1 + 3 for styling. I will test all my markup and CSS in current versions of all major browsers including those made by Apple, Microsoft (versions 7-current), Mozilla, Google and Opera. I will also test to ensure that pages will display visually in a ‘similar’, albeit not necessarily an identical way, in Microsoft Internet Explorer 6 for Windows as this browser is now past it’s sell-by date.

I will not test these templates in old or abandoned browsers, for example Microsoft Internet Explorer 5 or 5.5 for Windows or Mac, previous versions of Apple’s Safari, Mozilla Firefox or Opera unless otherwise specified. If you need to show the same or similar visual design to visitors using these older browsers, I will charge you at the rate of £35 per hour for any necessary additional code and its testing.

Text content

I may have written a best-seller but I’m not responsible for writing or inputting any text copy unless I specified it in the original estimate. I’ll be happy to help though, and in addition to the estimate I will charge you at £35 per hour for copy writing or content input.

NOTE: Text content should be delivered as a Microsoft Word (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. Contact me if you need clarification on this.

Photographs

You will supply me photographs either in digital or printed format. If you choose to buy stock photographs I can suggest vendors of stock photography. Any time I spend searching for appropriate photographs will be charged at £35 per hour. Remember, I have photography services on-hand for creating pixel perfect images for your website and products.

Changes and revisions

I know from plenty of experience that fixed-price contracts are rarely beneficial, as they often limit you to your first idea about how something should look, or how it might work. I don’t want to limit either your options or your opportunities to change your mind.

The estimate/quotation prices quoted are based on the number of days that I estimate I’ll need to accomplish everything that you have told me you want to achieve. If you do want to change your mind, add extra pages or templates or even add new functionality, that won’t be a problem. You will be charged the hourly rate of £35. Along the way I might ask you to put requests in writing so I can keep track of changes.

Advance Payment

An advance of 50% of the total cost of the project is required before work can commence. After work commences this is non-refundable.

Payment Terms

Payment is currently accepted by cheque or BACS in UK Pounds Sterling, unless otherwise agreed. If your cheque is returned by the bank as unpaid for any reason, you will be liable for a “returned cheque” charge of £25.

Payments

I am sure you understand how important it is as a small business that you pay the invoices that I send you promptly. Payment of any balance will be due within 7 days of final invoice date. Full publication of the web pages may take place only after full payment has been received. Any material previously published may be removed if payment is not received.

Late Payment

Accounts that have not been settled within 7 days of our final reminder will incur a late payment charge of 10% of the amount outstanding. You will also be charged statutory interest of 8% above the reference rate (fixed for the six month period within which date the invoices became overdue) pursuant to the late payment legislation.

Ongoing Support

The website is provided to and accepted by the client as a fully functioning, completed work. Concept Creative is not responsible for ongoing support. This support can normally be provided upon request and for an agreed fee. No guarantee of future support is given unless an ongoing support package is negotiated.

Future Site Problems

Unfortunately malicious software, spyware, viruses and website hacking are facts of life on today’s Internet. It is highly unlikely that these will affect your website , and Concept Creative will endeavor to protect it from this as much as I can during its creation. I cannot be held responsible for problems that develop on completed sites as a result of illegal activity.

Compliance with E-commerce, Accessibility or Other Regulations

I design websites in accordance with the client’s specifications. It is the client’s responsibility to ensure that the Website and its content comply with standing regulations. I cannot accept responsibility for any failure to comply with regulations related to accessibility, selling online or those related to a specific business or trade. I can research this on the client’s behalf upon request, but in any business where complex compliance issues exist I recommend that the client takes legal advice from their company lawyer.

Notes

Should Concept Creative waive any of these terms on an individual basis, this shall not affect the validity of remaining clauses or commit Concept Creative to waive the same clause on any other occasion.

By agreeing to these terms and conditions your statutory rights are not affected. Concept Creative reserves the right to change or modify any of these terms or conditions at any time. Should clarification of any of the above be required please contact us.