TERMS AND CONDITIONS
The following Terms and Conditions apply to all website design and development services provided by Untwisted Media (the “Company”) to the Customer.
The following terminology applies to these Terms and Conditions:
“Customer”, “You” and “Your” refers to you, the person accessing this website and accepting the Company’s Terms and Conditions.
“The Company”, “Us”, “We” and “Our” refers to Untwisted Media a trading name of Create Industries Ltd, a company trading registered in England and Wales under company number 8349404 and with the registered office at 20-22 Wenllock Road, London N1 7GU
2. Acceptance of Terms and Conditions
It is not necessary for any Customer to have signed an acceptance of these Terms and Conditions for them to apply. If a Customer accepts our quote or pays any fee then the Customer 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 the Company’s services implies that you have read and accepted these Terms and Conditions.
These Terms and Conditions are always available on this website for review. From time to time, it will be necessary to update these Terms and Conditions and the Customer agrees to be bound by the new terms and conditions by the use of the Company’s services. The Customer is responsible for reviewing information regularly posted online on this website.
Charges for service to be provided by the Company are defined on the order form that is subsequently signed by the Customer and/or confirmed in an e-mail communication. Quotations are valid for a period of seven (7) days unless alternative timescales have been agreed in advance with the Customer. The Company reserves the right to alter or decline to honour a quotation after expiry of the seven (7) days.
Unless agreed otherwise with the Customer, all services require an advance payment of fifty (50) percent of the project quotation total, as a deposit before work commences, and within four (4) days of receipt of the deposit invoice. The remaining payment of fifty (50) percent will be due within four (4) days of receipt of the completion invoice and prior to upload to the server or release of materials.
If the Customer fails to pay the full project quotation, the Company will not upload the website to the server or release any materials to the Customer. Charges that remain unpaid four (4) days after the receipt of an invoice will be assessed a service charge in the amount of the higher of one and one-half percent (1.5%) or £20 per month of the total amount due.
Payments for domain name registrations must be paid for in advance of the Company making the registration on the Customer’s behalf. If payment is not received before registration, the Company reserves the right to remove digital content from the Customer’s website, suspend or cease any of the services which coincide with the domain or hosting of the domain (these include email forwarding, web server statistics and FTP access).
All websites, scripts, databases, graphics or other digital products created by the Company remain the property of the Company until payment is received in full.
4. Additional charges and expenses
Additional work requested by the Customer which is not specified in the project quotation are subject to a separate quotation and the Company reserves the right whether to quote or accept additional work. If additional work is accepted by the Company, it may affect the timescale and overall delivery time of the project.
The Customer agrees to reimburse the Company for any additional expenses necessary for the completion of the work. Examples would be purchase of special fonts, photography etc.
5. Customer Review and Conceptualising
The Company will provide the Customer with an opportunity to review the appearance and content of the website during the design and upon completion. On completion of the website, such materials will be deemed to be accepted and approved unless the Customer notifies the Company otherwise within 3 working days of the date the materials are made available to the Customer.
Conceptualising is the process of producing website concepts for customers. Concepts can include site mock ups, graphics and design proposals. For higher cost websites (£4000 and above), if required, the Company will provide the Customer with two concepts for review and approval. For low cost websites (below £4000), unless previously agreed, the Company will provide the customer with one concept for review and approval.
The Customer will ensure that it makes the Company aware of its preferred colour scheme and design requirements before the Company commences design of the website. If the Customer does not provide such information, the Company will design the website, but if it is not to Customer’s satisfaction, the Company may not be able to redesign the website without the Customer incurring additional charges. It is advisable for the Customer to provide the Company with another website design as an example of the Customer’s requirements.
6. Website Content and Changes to Brief
We are 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 other work and enquiries to ensure that your work is completed at the time arranged.
The Customer must provide the Company with all required information in advance of the Company commencing the design of the website. On any occasion where the Company cannot progress design of the website because the Customer has not provided the required information, and the Company is delayed in providing the services as result, the Company reserves the right to impose a charge of up to 25% of the total project quotation.
If the Customer fails to provide the required information within four (4) weeks of project commencing, the Company reserves the right to terminate the services and the Customer will be liable to pay any outstanding balances immediately.
If, at any time during the project, the Customer’s requirements change from the original brief, the Company will endeavour to meet the additional requirements and the Customer may be charged an additional cost to implement these requirements.
Where the website is a bespoke build and CMS is required, the Company will not discuss the entire technical specification of the website with the Customer. The choice of software development systems and individual components, extensions and plugin’s to be used lies with our developers who will choose and develop a website that best suits the Customer’s original design brief.
7. Future Support and Promotion
The website is provided to and accepted by the Customer as a fully functioning, completed work product. The Company can provide future support to the website upon request and for an additional charge. No guarantee of future support is given unless an ongoing support package is negotiated.
The Company is not responsible for the Customer’s website promotion. In the event that the Customer requires the website to be promoted on an ongoing basis a separate quotation must be agreed.
The order in which websites are ranked in the natural search results is controlled by the search engines. While the Company can optimise the Customer’s website for this purpose, it does not give any guarantee about the success of any search engine promotion activity.
The Customer retains the copyright to data, files and graphic logos provided by the Customer, and grants the Company the rights to publish and use such material. The Customer must obtain permission and rights to use any information or files that are copyrighted by a third party. The Customer is further responsible for granting the Company permission and rights for use of the same and agrees to indemnify and hold harmless the Company from any and all claims resulting from the Customer’s negligence or inability to obtain proper copyright permissions. By accepting these Terms and Conditions, the Customer guarantees that all such permissions and authorities have been obtained. Evidence of permissions and authorities may be requested by the Company.
Certain images provided by the Company in the development of the website may have been purchased under licence from stock image suppliers. These images are generally only licensed for use on a single website and may not be used in publicity material. The Customer is legally responsible for ensuring that such images are not used in publicity material. The Customer must obtain the Company’s prior written consent if it wishes to use, sell or distribute any images from the website for other purposes.
The Company will not monitor the contents of the Customer’s website. The Customer is entirely responsible for the content of the website and any files it uploads. The Customer may not, under any circumstances, do any of the following:
publish, post, distribute or disseminate defamatory, infringing, obscene, indecent or other unlawful material or information
threaten, harass, stalk, abuse, disrupt or otherwise violate the legal rights (including rights of privacy and publicity) of others
engage in illegal or unlawful activities
make available / upload files that contain software or other material protected by intellectual property laws (or by rights of privacy or publicity) unless the Customer owns or controls the rights thereto or has received all necessary consents
make available / upload files that contain a computer virus or corrupted data
falsify the source or origin of software or other material contained in a file that the Customer makes available on the website
act, or fail to act, in the Customer’s use of the website, in a manner that is contrary to applicable law or regulation. The Customer is entirely responsible for any civil or criminal liability which is incurred as a result of the use of the website.
The Customer warrants the accuracy, truthfulness and reliability of any information including, but not limited to statements of opinion or advice, which it places on the website.
The Customer warrants that it is authorised to promote any information which it does so on the website (for example if the Customer is providing financial information, that it holds any necessary authorisation under the Financial Services Acts etc).
If the Customer advertises or offers to sell goods or services via the website, it undertakes to provide goods in conformity with any description and warranties made. The Customer agrees to comply with all applicable laws. If the Customer is advertising goods in the course of a trade or business this must clearly be so stated.
The Customer agrees to keep secure the password and other confidential information relating to their account, if they have been supplied with such information. The Customer is personally responsible for the use of their account and the secrecy of any password provided by the Company. If the Customer is a corporate user then the company, together with the individual using the account, are responsible for such use. In addition, the Customer is deemed to be logging onto the system (i.e. the authorised person for that account) when an account is logged on by using the correct account ID and password.
10. Post-Placement Alterations
The Company cannot accept responsibility for any alterations caused by a third party occurring to the Customer’s website once uploaded to the server. Such alterations include, but are not limited to additions, modifications or deletions.
11. Information Provided by the Customer
The Customer warrants that the name, address and payment information that the Customer provides when the Customer first uses the Company’s service is correct, and the Customer agrees to notify the Company of any changes within seven (7) days of such changes.
The Customer warrants that it is at least 18 years of age and that it possesses the legal right and ability to enter into these Terms and Conditions and to use the Company’s services in accordance with these Terms and Conditions.
12. Use of Material for Advertising
The Company will not distribute websites outside the Company without the Customer’s prior written consent.
The Company may include information about the Customer’s website in promotional materials and advertising.The Customer agrees that files which they have uploaded to mediahubcreate.co.uk may be used in such manner and for such purposes.
13. Termination and Refunds
Should the customer wish to cancel their website design order after conceptualisation they will be liable for the total quoted project cost.
Should the customer wish to pause and / or re-design their website all charges for prior work as per initial quotation will need to be settled immediately and the customer is liable for these charges prior to new design work commencing.
Termination of SEO services by the Customer must be requested in writing (email or letter) and will be effective on receipt of such notice. The Customer will be invoiced for services undertaken to the date of the notice and payment in full is required within thirty (30) days of receipt of such invoice.
Refunds will be given solely at the discretion of the Company’s Management.
14. Exclusion of Warranties and Limitation of Liability
The Company makes no express or implied representations or warranties to the Customer regarding the usability, condition or operation of the website nor does it represent or warrant that the contents are current, accurate or complete. The Company expressly disclaims all implied warranties, including without limitation, warranties of merchantability, title, fitness for a particular purpose, non-infringement, compatibility, security or accuracy.
The Company will at all times use reasonable endeavors to attempt to maintain an uninterrupted and error-free service. However, the Company makes no representations or warranties regarding the services provided by the Company nor that the use of mediahubcreate.co.uk will be uninterrupted or error-free.
The Company will at all times use reasonable endeavors to attempt to maintain and safeguard the Customer’s data on its system. However, the Company accepts no responsibility for any loss or damage to data or the loss thereof. The Customer accepts full responsibility for safeguarding their own data.
The Company shall not be liable to the Customer for any damage to software, damage to or loss of data, loss of profit, anticipated profits, revenues, anticipated savings, goodwill or business opportunity, or for any indirect or consequential loss or damage.
The Customer’s use of the Company’s services is at their own risk and for lawful purposes only.
The Customer agrees to defend, indemnify, save and hold the Company harmless from any and all demands, liabilities, costs, losses and claims including but not limited to attorney’s fees against the Company that may arise directly or indirectly from any service provided or agreed to be provided to the Customer.
If any provision or part-provision of these Terms and Conditions is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision shall not affect the validity and enforceability of the rest of these Terms and Conditions (unless the substantive purpose of these Terms and Conditions are then frustrated, in which case either party may terminate these Terms and Conditions on written notice).
.17. Entire Agreement
These Terms and Conditions constitutes the entire agreement between the Company and the Customer and supersede all prior or contemporaneous communications and proposals, whether oral or written, with respect thereto.
Each party acknowledges that in entering into these Terms and Conditions it does not rely on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms and Conditions.
18. Governing Law
These Terms and Conditions shall be governed by English Law and are under the exclusive jurisdiction of the English Courts.