These terms and conditions apply to the provision of our services unless otherwise agreed. Please read them carefully.
- Acceptance
- Payment for Services
- Failure to Pay
- Changes and Revisions
- Additional Expenses
- Responsibility for Releases and Accuracy
- Mutual Cooperation
- Intellectual Property
- Cancellation
- Termination
- Confidentiality
- Indemnity
- Liability
- Credits
- Governing Law
1. Acceptance
In accepting our quote or proposal, either verbally or in writing, you are deemed to have read and accepted these terms and conditions in full.
2. Payment for Services
For website design and development services, our payment terms are 28 days unless otherwise agreed. A payment schedule will be provided prior to commencing your project. Payment should be made on or before the due date by BACS transfer or credit card.
For retained or ongoing services, including but not limited to website hosting; search engine optimisation (SEO); pay-per-click (PPC); marketing consultancy; payment is made by direct debit one (1) calendar month in advance of the provision of services unless otherwise agreed.
For domain name registration and renewals, our payment terms are 28 days.
The provision of any other services have payment terms of 28 days unless otherwise agreed.
You agree to adhere to the above payment terms in using our services.
3. Failure to Pay
We reserve the right to pause work or discontinue the provision of services without notice should you fail to pay our invoices on time, unless otherwise agreed.
4. Changes and Revisions
The quote at the beginning of our agreement is based on what we estimate we’ll need to accomplish everything you’ve told us you want to achieve. We’re happy to be flexible, but should your requirements materially change, then we will provide a separate quote to cover any additional work.
5. Additional Expenses
In providing you with our services, you agree to reimburse us for any additional expenses incurred that fall outside the agreed scope of work.
Such expenses include but are not limited to; photography shoots; purchase of stock photography and videography; copywriting; purchase of licensed fonts; media placements; subscriptions to third-party tools; third-party API usage.
We will advise you of any additional expenses before proceeding.
6. Responsibility for Releases and Accuracy
We shall obtain releases, licenses, permits or other authorisation to use testimonials, copyrighted materials, photographs, art work or any other property or rights belonging to third parties obtained by us for use in performing services for you (if applicable).
You guarantee that all elements of text, images, or other artwork you provide are either owned by you or that you have permission to use them. When your final payment has cleared, copyright will be automatically transferred to you. You’ll own any visual elements that we create for you and the source code. You own all elements of text, images and data you provided, unless someone else owns them.
You shall be responsible for the accuracy, completeness and propriety of information concerning your products and services which you furnish to us verbally or in writing in connection with the performance of our services.
7. Mutual Cooperation
We agree to use our best efforts to fulfil your expectation on the deliverables of our agreement. You agree to aid us in doing so by making available to us any needed information pertaining to your project and to cooperate with us in expediting the work.
8. Intellectual Property
Upon completion of your project and settlement of any outstanding invoices, we will, upon request, provide written confirmation that we do not make any claims of any ownership, intellectual or otherwise, over any designs or functionality we have developed or provided on your behalf.
9. Cancellation
You have the right to modify, reject, cancel or stop any and all plans or work in process.
However, you agree to reimburse us for all costs and expenses we incurred prior to your change in instructions, and which relate to non-cancellable commitments, and to defend, indemnify and hold us harmless for any liability relating to such action. We agree to use our best efforts to minimise such costs and expenses.
10. Termination
Either you or we may terminate our agreement if the other party defaults in the performance of any of its duties and obligations and the default is not cured within thirty (30) days of the receipt of notice of said default, or if the default is not reasonably curable within said period of time, unless the defaulting party commences cure within said period of time and diligently proceeds to cure the default.
In addition, either party may immediately terminate our agreement by giving written notice to the other party if the other party is insolvent or has a petition brought by or against it under the insolvency laws of any jurisdiction, if the other party makes an assignment for the benefit of creditors, if a trustee, or similar agent is appointed with respect to any property or business of the other party, or in your case, if you materially breach your obligations to make payment pursuant to our agreement.
11. Confidentiality
We acknowledge our responsibility, both during and after the term of our appointment, to use all reasonable efforts to preserve the confidentiality of any proprietary or confidential information or data developed by us on behalf of you or disclosed by you to us.
12. Indemnity
You agree to use our services for lawful purposes only. In using our services you agree to indemnify and hold us harmless from any claims resulting from your use of our service that damages you or any other party.
13. Liability
We can’t guarantee that our work will be error-free, so in using our services you agree that you will not hold us or any of our officers, employees, contractors or service providers liable for damages, including lost profits, lost savings, lost data or other incidental, consequential or special damages arising through the provision of our services. We will use our best efforts to minimise the likeliness of any such claims during the term of our agreement and to remedy any as quickly as possible.
14. Credits
Unless otherwise agreed, we reserve the right to add a small credit to the bottom of any website we design or develop on your behalf. The usual wording is “Website Designed & Developed by Web Integrations” with a link to our homepage.
15. Governing Law
These terms and conditions shall be governed and construed in accordance with Scots Law.