The following terms and conditions apply to all website development / design services provided by Point And Quack Limited to the Client.
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.
Please read these terms and conditions carefully. Any purchase or use of our services implies that you have read and accepted our terms and conditions.
Charges for services to be provided by Point And Quack Limited are defined in the project quotation that the link the Client receives via email. Quotations are valid for a period of thirty (30) days. Point And Quack Limited Limited reserves the right to alter or decline to provide a quotation after expiry of the thirty (30) days.
Unless agreed otherwise with the Client, all website design and development services require an advance non-refundable payment of a minimum of fifty (50) percent of the project quotation total before the work is supplied to the Client for review. This payment acts as an non-refundable deposit for the project. A second payment with the remaining due of fifty (50) percent of the project quotation total will be due upon completion of the work, prior to upload to the server or release of materials.
Payment for services is due by cheque or bank transfer. Cheques should be made payable to Point And Quack Limited and sent to 35 Mariners Lane, Tynemouth, Newcastle upon Tyne, NE30 2RU. Bank details will be made available on invoices.
3. Development Process & Client Review
Point And Quack Limited 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 Point And Quack Limited otherwise within ten (10) days of the date the materials are made available to the Client.
The development phase of the website consists of two phases. Phase one includes the transformation of a flat-design of the homepage (unless another page has been specified and agreed by both the Client and Point And Quack Limited) into a coded prototype. Allowing the Client to view the website on a live development URL provided by Point And Quack Limited.
Throughout the development phase of the website that Point And Quack Limited develops, the Client is entitled to a maximum of two (2) hours worth of development time; allowing the Client to make changes towards their development website. The Client therefore agrees to pay for any further time allocated towards their project at Point And Quack Limited’s hourly rate of twenty (20) pounds.
4. Turnaround Time and Content Control
Point And Quack Limited will install and publicly post or supply the Client’s website by a date agreed with Client and Point And Quack Limited, when receiving final payment. Unless a delay is specifically requested by the Client and agreed by Point And Quack Limited.
In return, the Client agrees to delegate a single individual as a primary contact to aid Point And Quack Limited with progressing the commission in a satisfactory and expedient manner.
During the project, Point And Quack Limited will require the Client to provide website content; text, images, movies and sound files.
5. Failure to provide required website content
Point And Quack Limited is a small business, to remain efficient we must ensure that work we have programmed is carried out at the scheduled time. On occasions we may have to reject offers for other work and enquiries to ensure that your work is completed at the time arranged.
This is why we ask that you provide all the required information in advance. On any occasion where progress cannot be made with your website because we have not been given the required information in the agreed time frame, and we are delayed as result, we reserve the right to impose a surcharge of up to twenty-five (25) percent. If your project involves Search Engine Optimisation we need the text content for your site in advance so that the SEO can be planned and completed efficiently.
If you agree to provide us with the required information and subsequently fail to do within one week of project commencement we reserve the right to close the project and the balance remaining becomes payable immediately. Simply put, all the above condition says is do not give us the go ahead to start until you are ready to do so.
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.
If our website provides you with the facility of a content management system you are able to keep your content up to date yourself.
Invoices will be provided by Point And Quack Limited upon completion but before publishing the live website. Invoices are normally sent via email; however, the Client may choose to receive hard copy invoices. Invoices are due upon receipt. Accounts that remain unpaid thirty (30) days after the date of the invoice will be assessed a service charge in the amount of the higher of one and one-half (1.5) percent or thirty (30) pounds per month of the total amount due.
7. Additional Expenses
Client agrees to reimburse Point And Quack Limited for any additional expenses necessary for the completion of the work. Examples would be purchase of special fonts, stock photography etc.
8. Web Browsers
Point And Quack Limited 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 current browsers (e.g. Firefox, Internet Explorer 11, Google Chrome, etc.). Client agrees that Point And Quack Limited cannot guarantee correct functionality with all browser software across different operating systems.
Point And Quack Limited cannot accept responsibility for web pages which do not display acceptably in new versions of browsers released after the website have been designed and handed over to the Client. As such, Point And Quack Limited reserves the right to quote for any work involved in changing the website design or website code for it to work with updated browser software.
Accounts unpaid thirty (30) days after the date of invoice will be considered in default. If the Client in default maintains any information or files on Point And Quack Limited’s Web space, Point And Quack Limited will, at its discretion, remove all such material from its web space. Point And Quack Limited 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 assessed to the Client’s account. Cheques returned for insufficient funds will be assessed a return charge of twenty-five (25) pounds and the Client’s account will immediately be considered to be in default until full payment is received. Clients with accounts in default agree to pay Point And Quack Limited reasonable expenses, including legal fees and costs for collection by third-party agencies, incurred by Point And Quack Limited in enforcing these Terms & Conditions.
Termination of services by the Client must be requested in a written notice and will be effective on receipt of such notice. Email or telephone requests for termination of services will not be honoured until and unless confirmed in writing. The Client will be invoiced for design work completed to the date of first notice of cancellation for payment in full within thirty (30) days.
All Point And Quack Limited services may be used for lawful purposes only. You agree to indemnify and hold Point And Quack Limited harmless from any claims resulting from your use of our service that damages you or any other party.
The Client retains the copyright to data, files and graphic logos provided by the Client, and grants Point And Quack Limited 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 Point And Quack Limited permission and rights for use of the same and agrees to indemnify and hold harmless Point And Quack Limited from any and all claims resulting from the Client’s negligence or inability to obtain proper copyright permissions. A contract for website design and/or placement shall be regarded as a guarantee by the Client to Point And Quack Limited that all such permissions and authorities have been obtained. Evidence of permissions and authorities may be requested.
13. Standard Media Delivery
Unless otherwise specified in the project quotation, this Agreement assumes that any files provided by the Client in electronic format; documents, photograph or video files to be provided via a physical USB stick, a secure Dropbox account or through a secure email.
Although every reasonable attempt shall be made by Point And Quack Limited to return to the Client any physical material provided for use in creation of the Client’s website, such return cannot be guaranteed.
14. Design Credit
A link to Point And Quack Limited’s website will appear in either small type or by a small graphic at the bottom of the Client’s website. If a graphic is used, it will be designed to fit in with the overall site design. If a client requests that the design credit be removed, a nominal fee of ten (10) percent of the total project charges will be applied. When total development charges are less than five-thousand (5,000) pounds, a fixed fee of one-hundred and twenty (120) pounds will be applied. The Client also agrees that the website developed for the Client may be presented in Point And Quack Limited’s portfolio.
15. Access Requirements
If the Client’s website is to be installed on a third-party server, Point And Quack Limited 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.
16. Post-Placement Alterations
Point And Quack Limited cannot accept responsibility for any alterations caused by a third party occurring to the Client’s pages once installed. Such alterations include, but are not limited to additions, modifications or deletions.
17. Domain Names
Point And Quack Limited may purchase domain names on behalf of the Client. 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 Point And Quack Limited. The Client should keep a record of the due dates for payment to ensure that payment is received in good time.
Point And Quack Limited may offer website hosting packages for the Client. The servers used to host the Client’s website and / or email accounts by Point And Quack Limited are provided by Krystal Hosting Ltd.
Krystal Hosting Ltd does not provide any one-hundred (100) percent uptime / online time guarantee for their servers, therefore both Point And Quack Limited or Krystal Hosting Ltd cannot be held accountable for any delays, downtime / offline time your website or email servers may experience.
These Terms & Conditions supersede all previous representations, understandings or agreements. The Client’s payment of an advance fee constitutes agreement to and acceptance of these Terms & Conditions. Payment online is also an acceptance of our Terms & Conditions.
20. Governing Law
This Agreement shall be governed by English Law.
Point And Quack Limited hereby excludes itself, its Employees and or Agents 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 website;
- Loss or damage to clients’ artwork/photos, supplied for the site. Immaterial whether the loss or damage results from negligence or otherwise.
The entire liability of Point And Quack Limited 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.
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,