This page sets out the terms and conditions between your business and Cape Creative and Digital Ltd (herein called “Cape Creative”) and forms an integral part of any existing and future proposal or other written document or communication between your business and Cape Creative.
If any term or condition appears unreasonable this is not our intention. We have a large client portfolio that has been built up by our respecting our clients and providing good quality customer care and support.
If any of our services do not come up to the standard that you should expect please do contact us so that we can put this right.
We are always striving to improve our services and your feedback will always be welcome.
The primary purpose of these terms and conditions is to minimise any potential misunderstandings and to clearly state the design and build phases of each project and set out the timings as to when stage payments are due.
Unless otherwise expressly agreed in writing by Cape Creative, our payment terms are seven days from the date of invoice.
Unless other wise agreed, each website project will consist of three stage payments commencing with a non refundable deposit of 30% with an interim payment of 50% being made once training is given and the balance of 20% being payable on completion of each project, but before the release of the work to you or launch of a website.
Please note that we will not commence work on your website project until the 30% deposit payment has been received by us.
With both branding and print projects individual payment terms will be confirmed before work will begin.
Where a project is being delayed outside of the agreed timescales through no fault of our own (see sections ‘Design Schedule’) we reserve the right to invoice you and receive payment for the remaining balance of 70% of the project.
Design Schedule
Before a branding project commences we will agree with you a Design Process and Schedule that will set out the following:
Design Process
The design process for your project will be clearly set out in our Design Schedule and will be in line with the following:
Design Schedule
Before a project commences we will agree with you a Design Schedule that will set out the following:
Design Process
The following design process assumes that your logo has already been designed by ourselves or by you and is available at the commencement of this project.
The design process for your project will be clearly set out in our Design Schedule and will be in line with the following:
Design Schedule
Before a project commences we will agree with you a Design Schedule that will set out the following:
Should any slippage occur, then the party causing this must agree this with the other party.
Design, Build and Programming Process
The following design and build process assumes that your logo has already been designed by ourselves or by you and is available at the commencement of this project.
The design and build process for your project will be clearly set out in our Design Schedule and will be in line with the following:
E-commerce and Database Driven Websites
Where the project includes e-commerce or database driven features and functionality then unless specifically agreed in writing by us, any input of products, images, data or the transfer of data into the database will be at an entirely separate and additional cost to the quoted project cost.
Hosting and Server Costs
Our hosting and server costs are paid by Cape Creative quarterly in advance in order to get the best pricing, quality and support terms for you. For this reason, unless Cape Creative receive your payments by the due date Cape Creative will not be able to pay your hosting costs on time and your site or sites will be disconnected and emails suspended without warning or notice. The effect of this will be that your site or sites will not be viewable by the public, emails cannot be received or sent and search engines will assume your site has closed down, potentially deleting it from their listings.
To avoid these problems Cape Creative would recommend that you make your payments immediately on receipt of our invoices.
Additional Software and Hardware
It is your responsibility to ensure that you have the appropriate software, valid software licences and computer hardware that you might need to use or operate any of the services that we provide to you.
Internet Hosting Server Support
Cape Creative Internet servers are based in the U.K. Whereby Cape Creative can ensure 24/7/365 technical support. Our technicians constantly monitor our internet servers and carry regular maintenance and upgrades as required to keep them at optimum performance and servicing condition.
Cape Creative makes every effort to ensure that the number of other sites on the Internet server that hosts your site will be kept at a level that ensures that your site’s pages and products will be delivered without any delay being caused by the Internet server being too busy, inadequate available bandwidth or being otherwise overloaded. Cape Creative monitors the load on the servers every day to ensure that as our clients sites become busier through our Search Engine Positioning Service, service and site visitor access levels remain very high. This is of great importance to you as it will avoid your site’s visitors becoming frustrated due to the server being too slow or failing due to capacity overload.
Should any problem occur with our Internet servers, Cape Creative will undertake to rectify the problem immediately and will continue to work on the problem until it is resolved. However, Cape Creative cannot accept any responsibility for any loss of sales or business whilst the site is offline or affected by the problem.
Our internet servers use server side components and software that are widely available to all other hosting companies operating on a Linux server platform. If you elect to host your site, we cannot guarantee that your site’s programmed elements will function on their servers unless they are using these components and are correctly configured. At our discretion and subject to your covering our costs at our standard hourly rate, we can offer to re-program your site to operate on the hosting company’s servers.
Hosting Charging Structure
Unlike most other hosting companies, Cape Creative does not generally make additional charges related to the file size of your site or make additional charges related to the actual bandwidth used by your site. However, as your website grows in the number of people visiting it, we will need to increase the hosting cost to you as your website absorbs more bandwidth and resources of the server that your site is hosted on. Before increasing the cost, we will discuss with you an appropriate charging structure that enables us to continue to provide a very high quality hosting service that is essential to the success of your website. We review the charging structure of your hosting and resource usage on an ongoing basis, and reserve the right, after one month’s notice, to increase the cost of the hosting where the server and/or bandwidth resources are out of line with the hosting cost being charged to you.
Site Maintenance
Work carried out on your website will be charged at our standard hourly rate.
FTP Access Responsibilities
If you have been granted FTP access to your site files, it is a condition of this facility that you are wholly responsible for the following:
Site Setup and Maintenance For Websites Hosted With Third Party Companies
Where we have designed a website or are asked to make changes to a website hosted with another company, we make no warranties that the website will function as you intend it to. If we specifically undertake to design a website or maintain a website that is hosted on specific third party servers, it is on the following basis:
Domain Name Registration
If Cape Creative registers any domain names on your behalf they will be registered in your name or company name and will therefore be owned by you. It is your responsibility to ensure that any fees due in respect of the domain name are paid promptly, otherwise you may lose the right to that domain name.
Domain Name and Website Transfers
If you wish to transfer your domain name or Website to another hosting company please see Cape Creative current tariff for any charges that may be applicable.
Cape Creative uses high-end components and programs on our servers to enable you to get the best out of the latest Internet technologies. Accordingly if you decide to host your site with another hosting company, Cape Creative cannot be held responsible in any way for the future operation of the site or that it operates or functions as Cape Creative intended once it has been transferred away from Cape Creative’s servers.
Provision of Written Copy, Photography and Other Content
Where the provision of written copy, photography or other content by Cape Creative is not specifically included in writing as being part of our fixed costs to you, it is your responsibility to compile this material before website training is given. As part of the design process, we will advise you of any material or content that we require from you at or before completion of the wireframe stage
It is our strong recommendation that you use professional copy writers and photographers and we would be pleased to recommend suitable professionals to you. While we will provide you with guide costs for these professionals, it is your responsibility to agree costs and terms of engagement with them. Please note that these professional costs are not part of our costs and charges to you and therefore it is your responsibility to settle payments direct with the copy writer and/or photographer.
Where stock photography and/or library images are used as part of the project, unless specifically agreed in writing by ourselves, the stock photography and library image costs will be charged to you as an additional cost. We will discuss and agree these stock photography and library image costs before committing you to purchasing them.
Printing and Print Liaison
All of our quoted costs in respect of print based media exclude the cost of printing and our time for obtaining print quotations and liaising with you and the printers. These costs will be invoiced to you separately.
Late Payments
Cape Creative strongly recommends that for regular payments to Cape Creative for hosting, search engine service and site maintenance contracts that these are paid by standing order and timed to be paid before the due date to allow for weekends and bank holidays.
For one off or stage payments, Cape Creative would suggest that these are paid immediately on receipt of the invoice to avoid late payment charges and delays in the work Cape Creative is carrying out for you.
If you have any queries over any aspect of an invoice then this must be raised with Cape Creative immediately on receipt. However, to avoid this being used as a means of delaying payment, the outstanding invoice must be paid by the due date otherwise it will be subject to the late payment charges and the Cross Service Default clause. On resolution of the dispute, any refund due to you will be reimbursed immediately together with any interest charged.
Copyright
It is your responsibility to obtain the copyright permissions for any text, images or other files that Cape Creative has used in the creation of your Web site, brochure or marketing material that have not been directly created by Cape Creative.
Copyright to the Web site, brochure or marketing material as published is passed to you once full payment for the work has been received and cleared by your bankers. Exceptions to this are:
Photography and Copywritten Material
Where we have introduced a professional photographer or copywriter to you, it is your responsibility to agree with them their costs, invoicing arrangements, copyrights and any terms and conditions that may apply.
Exclusion of Incidental, Consequential and Other Losses
To the maximum amount permitted by law, in no event shall Cape Creative or its suppliers be liable for any special, incidental, indirect, punitive or consequential damages whatsoever (including, but not limited to, damages for: loss of profits, loss of confidential or other information, business interruption, personal injury, loss of privacy, failure to meet any other duty (including of good faith or of reasonable care), negligence, and any other pecuniary or other loss whatsoever) arising out of or in any way related to the use or inability to use your website, hosting, software or any service provided by Cape Creative or its support services, or the provision of or failure to provide support services, or otherwise under or in connection with any provision of our services, even if Cape Creative or any supplier has been advised of the possibility of such damages.
It is your sole responsibility to manage all aspects of your Website’s security in respect of credit card and personal details taken through your Website (including, but not limited to, security of details taken through website forms, emails, e-commerce facilities and any person’s details that may be held on the Website’s server).
Termination
Subject to the overriding clauses above and in any other written agreement, you have the right to terminate your contract with Cape Creative at any time, subject to your providing Cape Creative with one month’s calendar notice and paying any outstanding invoices or accrued work in progress or liability that has not yet been invoiced. Notice will not be accepted or deemed to be effective until outstanding invoices and liabilities for work carried out are paid in full.
Cape creative reserves the right to terminate any or all of its services to you without explanation at any time. Where possible, termination of any or all services will be accompanied by one calendar months’ notice.
Upon Termination of the contract, refunds will not be given for any unexpired periods of service contracts, services or facilities.
Notwithstanding Termination of the contract with Cape Creative, you will still be bound by all these terms and conditions including any outstanding liabilities, payment terms, copyright and exclusion of incidental, consequential and other losses.
Acceptance of These Terms and Conditions
These changes are deemed to have immediate effect and apply to current and future contracts and projects that are progress.
Should you wish to vary the terms of this agreement in the future, this must be in writing and our acceptance of any variation must be evidenced in writing. Verbal evidence will not be acceptable. If we cannot reach agreement on any variations you wish to make, we reserve the right to withdraw our services without notice, at which time the terms of this document will remain binding.
Cape Creative & Digital Ltd
1st September 2020