Cre8ive Media terms and conditions

Cre8ive Media UK - Terms & Conditions


Definitions:


1. A ‘Project’ is defined as a website, video editing, graphic design, animation or service provided by Cre8ive Media UK for the client on their request and as described in our ‘Project Proposal’ document sent via electronic communication to the ‘Client’.

2. A ‘Service’ is defined as website maintenance, hosting, SEO, PPC, social media management or any other ongoing recurring work that is undertaken by Cre8ive Media UK.

3. A ‘Project Proposal’ is an electronic document in the form of a PDF that we will send the ‘Client’ detailing any project, service or work to be undertake. This will also include details of our payment terms.

4. ‘You’ or ‘Client,’ is a person, persons, business or organisation using any of the services provided by Cre8ive Media UK.

5. ‘We’ or ‘us’, means Cre8ive Media UK.

6. ‘Go Live’ means the date the project is completed and made available on the ‘client’s’ chosen platform or chosen delivery method, ie, email, electronic storage device etc.

7. ‘Domain’ is the address specified by the ‘client’ which directs users to the website.

8. ‘Open Source Software’ is software made freely available to anyone under the GNU General Public License (GPL).

9. ‘CMS’ or Content Management System is a type of online software used for you to update content of the website yourself.

10. ‘Website maintenance’ is a reoccurring billing option in order to keep a client’s website maintained, secure and efficient.

11. ‘Content’ is text, images and video that the client requires on a website.

12. ‘Site’ or ‘Website’ is the entire website as seen on the internet and owned by the client.

13. ‘Search Engines’ are platforms on the internet which index and display results of websites and web pages based on their own search algorithms. We currently work with the top three search engines Google, Yahoo, and Bing.

14. ‘Rank’ is the position of a website on the search engine.

15. ‘SEO’ (search engine optimisation) is the process of optimising the code of a website in order to attempt to increase the rank of a website on the search engines.

16. ‘PPC’ (pay per click) is a marketing tool provided by the search engines to advertise a website where the client pays for each click of their advert from a user.

17. ‘Social Media’ refers to platforms such as Facebook, Twitter, Instagram and YouTube.

18. ‘Likes / Followers’ are 2 of the main things we will report on and measure as part of the Social Media service.

19. ‘Facebook’ / ‘Twitter’ / ‘Instagram’ / ‘YouTube’ are the four platforms that we work with in order to promote your business.

General


1. The contract between Cre8ive Media UK and the client will be on these conditions, to the exclusion of all other terms and conditions. Any variations to these conditions shall have no effect unless otherwise agreed in writing.

2. The works to be carried out shall be as set out in the project proposal.

3. Cre8ive Media UK will in no way tolerate any form of abuse or harassment towards it’s staff members from customers or third parties and we reserve the right to cancel a contract without refund in the event of unreasonable or inappropriate conduct. This includes threatening behaviour and abuse directed towards our staff members.

Legalities, Copyright and Intellectual Property (IP)


1. Cre8ive Media UK shall expect the client to conduct sufficient research before proceeding with a project. For example this will include checking that a website will operate legally. It is important that a website is not in any way illegal. Please ensure that any images or content you supply or use on your website, is legally available for you to use. Cre8ive Media UK will not be held responsible for the illegal use of images, content or format of material supplied by the client. We reserve the right to remove any website from our hosting servers if it has reason to believe that it is operating illegally.

2. Where assets such as images have been purchased by Cre8ive Media UK on behalf of the client and used on a project, these assets are restricted by license for use on that website only unless otherwise stated. Cre8ive Media UK are not liable for misuse of these assets by the client or any other person’s copying, altering or distributing the assets to individuals or other organisations.

3. Cre8ive Media makes no claims that the project may be lawfully viewed or downloaded outside England and Wales. Access to this content may not be legal by certain persons or in certain countries. If this content is accessed from outside of the United Kingdom, it is done so at own’s risk and the visitor is responsible for compliance with the relevant laws of the visitor’s jurisdiction. The terms and conditions of this document are governed by the laws of England and Wales. Jurisdiction for any claims arising in respect of this document shall lie exclusively with the courts of England and Wales. 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.

4. Cre8ive Media cannot be held responsible for any adverse affect on the client’s business operation, sales, or profitability that might be claimed is a result of a service offered by Cre8ive Media UK.

Communication


1. Email, phone and video conferencing are our primary methods of contact with regard to all communication for a project. If you have any problems with the project you can contact us via these methods or alternatively via the client portal on our website.

2. It is the client’s responsibility to notify us in the form of an email detailing any change in contact information such as email address or phone number so we always have valid contact details. We cannot be held liable in any way for problems relating to communication issues if we are not supplied with a valid method of communication. Some of our systems rely on email communication in order to keep you apprised of various important information. We also advise our client’s to check their junk and spam folders regularly in the event messages are accidentality marked as such.

3. It is imperative for the client to keep in contact with Cre8ive Media UK throughout a project. If a client does not make contact for more than two weeks after a draft has been received, we will make up to five attempts to contact the client either by email or phone call using the email address and/or phone numbers provided by the client. If we do not receive a response the project will be considered complete. If the client wishes to suspend a project for a period longer than two weeks, please contact Cre8ive Media UK

Proposal Acceptance


1. Cre8ive Media UK will provide the client with a written proposal detailing the scope of the project, time scales and costs along with payment terms as agreed.

2. The client may send an official order, otherwise refereed to as a ‘works order’ detailing the project scope as set out in the proposal or via email in response to the proposal. This acknowledgment binds the client to accept Cre8ive Media UK’s terms and conditions.

3. No work on a project will commence until acceptance of the proposal has been received by Cre8ive Media UK.

4. The placement of an order for a project and/or any other services offered by Cre8ive Media UK, by email, verbally or in writing, is deemed to be acceptance of these terms and conditions.

Payments


1. Payment terms for a project or service shall be set out in the proposal document.

2. Cre8ive Media UK own all assets pertaining to the project including text, images, video and computer code that was not supplied by the client, until final payment has been received in full. On receipt of final payment full ownership of the project and all related assets are handed to the client, otherwise known as ‘hand over’.

3. Unless otherwise agreed in writing by Cre8ive Media UK, projects require a deposit of 50%, paid by invoice, prior to the commencement of any work. The remaining balance is required 14 days from the date of the final invoice.

4. For projects of a larger scale that will require staged payments, where a payment of 50% of the total cost is paid by invoice before the commencement of any works and the remaining 50% is then staged over set mile stones as set out in the project proposal. Once each mile stone has been reached and agreed as completed an invoice will be submitted and payment due within 7 days.

5. All payments to Cre8ive Media UK for any project or service are non refundable.

6. For our monthly paid services such as as website maintenance an invoice will be generated and submitted each month. There is no minimum contract length however if a client wishes to terminate the agreement we require at least one months notice, by email. Failure to comply will result in the next months maintenance agreement being charged.

Website Design & Development Service


1. Web design & development revisions – the number of included revisions on a project will be agreed and included in the proposal document. Additional revisions may be charged at an agreed rate and detailed in the project proposal prior to the commencement of the project.

2. In certain circumstances where particular frameworks are used there may be limitations to design and layout of internal pages, these include such frameworks as WordPress.

3. As described in the project proposal, a detailed outline of time scales and if required, set mile stones to ensure the project is running to the desired schedule.

4. Open source software or code is publicly available software that may be modified to suit the requirements of the client. Open source software or code, including code frameworks may be implemented to help develop the functionality of the client’s website and to expedite development. Where open source software or code is used, the ownership of the site coding and any modifications made by the developer is still passed to the client upon final payment.

5. Cre8ive Media UK does not take any responsibility for a client’s website ranking on search engines nor do we guarantee ranking positions. We also do not take any responsibility for the change of rankings that can occur when updating, changing, creating or migrating hosting services of a client’s website.

6. The client also agrees that Cre8ive Media holds no responsibility for any amendments made by any third party before or after a website is uploaded and made live.

7. Cre8ive Media does not take any responsibility for projects that exceed the stated time scales where information or content has not been presented by the client. In the event a project may exceed the agreed times scales we will make reasonable effort to communicate this to the client.

8. Where a website has been designed & developed by Cre8ive Media UK and with the consent of the client, we place a small link on the footer of the website that states it was designed by Cre8ive Media UK and links to our company website.

Domain Name Registration & Administration


1. Where required Cre8ive Media UK can register and/or host a domain name on behalf of the client once we have received payment in full for the domain registration. All domain names are registered to the client, the client is the legal owner of the domain. All domain administrative support is covered under our hosting service packages. Any domain tasks or DNS modifications required without a hosting package will be changed an admin fee.

2. Domain names require yearly renewal unless otherwise agreed, where domain names are registered and hosted by Cre8ive Media UK, we will invoice the client on an annual basis. Domains that are not renewed will expire soon after and become available for purchase on the internet.

3. It is the clients responsibility to ensure they have given instructions to renew their domain name. Cre8ive Media UK will attempt to contact the client by email up to 2 weeks in advance of a domain renewal being due.

Maintenance & Support


1. While a website is hosted or a website maintenance agreement is taken with Cre8ive Media UK, support is provided between the hours of 9.00am and 17:00 Monday – Friday, excluding bank holidays. Within a reasonable time period or otherwise stated within an SLA (Service Level Agreement) issues are generally responded to within 4 to 6 hours.

2. Where available support issues should be logged via email or the client portal however issues can also be logged via telephone.

Search Engine Optimisation


1. Cre8ive Media UK, if requested, can create text content that favours search engine optimisation in mind. This does not mean that the text content has been created specifically to increase a websites ranking on search engines.

2. If a website does not perform to a client’s expectations, Cre8ive Media UK cannot be held liable in any way.

SEO Service


1. If you choose to pay for SEO services monthly this will be invoiced in advanced and payable by standing order. Cre8ive Media UK require a minimum of 30 days notice of a client’s intention to cancel a campaign.

2. If Cre8ive Media UK do not receive payment we will stop working on your site optimisation until payment has been received. This may have a negative affect on your site’s performance on the search engines however the invoiced value will still be due.

3. Where required, Cre8ive Media UK may need to edit your site in order to carry out on page site optimisation work.

4. If the client makes changes to the website independently, it is the clients responsibility to ensure Cre8ive Media UK are informed of the changes. Failure to do so could result in a negative campaign performance.

5. Cre8ive Media UK cannot be held responsible for Search engine algorithm changes that could negatively affect the ranking of the client’s website.

6. The strategies and campaign objectives created by Cre8ive Media UK are done so on a per client basis, we cannot be held responsible for any negatively implied impacts of the work completed.

7. Cre8ive Media UK cannot be held financially liable in anyway with regard to your website ranking on the search engines.

8. Cre8ive Media UK will not disclose any back links that may be purchase as part of your SEO campaign.

9. The Cre8ive Media UK’s SEO service is completely separate to any other service and terms.

PPC Service


1. Payments will be taken monthly for the Cre8ive Media Uk’s management fee starting on the day the client proceeds and every month thereafter. There will be no minimum term but Cre8ive Media UK do require a minimum of 1 month notice of a client’s intention to cancel a campaign. Failure to provide a month’s notice will result in the next month’s invoice becoming due.

2. The client shall pay the chosen search engines directly for their advertising spend. Cre8ive Media UK will manage this spend. Where a daily budget has been agreed, the client understands that Google may exceed the daily budget on one day and balance up on a different day as per their terms https://support.google.com/adwords/answer/2375423?hl=en

3. Cre8ive Media UK can only operate on websites that are permitted to advertise on Google, further information on their policy can be found here https://support.google.com/adwordspolicy/answer/6008942 ?hl=en&rd=1

4. If Cre8ive Media UK do not receive payment we will stop managing your PPC account until payment is received. This may have a negative affect the client’s website performance and could lead to increased advertising spend.

5. Cre8ive Media UK will attempt to improve your website traffic using optimised PPC. There is however no guarantee with this service. Your monthly payment covers the time used to plan and execute the clients PPC campaign.

6. Cre8ive Media UK is not associated with Google.