Terms
By placing an order with Creo Interactive, you confirm that you are in agreement with and bound by the terms and conditions below.
Definitions
The Client: The company or individual requesting the services of Creo Interactive.
Creo Interactive: Primary designer/company owner & employees or affiliates.
General
Creo Interactive will carry out work only where an agreement is provided either by email, telephone or mail. An 'order' is deemed to be a written or verbal contract between Creo Interactive and the client; this includes telephone and email agreements.
Website Design
Whilst every endeavour will be made to ensure that the website and any scripts or programs are free of errors, Creo Interactive cannot accept responsibility for any losses incurred due to malfunction, the website or any part of it.
The website, graphics and any programming code remain the property of Creo Interactive until all outstanding accounts are paid in full.
Any scripts, applications, Coldfusion, PHP or ASP scripts, or software (unless specifically agreed) written by Creo Interactive remain the copyright of Creo Interactive and may only be commercially reproduced or resold with the permission of Creo Interactive.
Creo Interactive cannot take responsibility for any copyright infringements caused by materials submitted by the client. We reserve the right to refuse any material of a copyrighted nature unless adequate proof is given of permission to use such material.
Where provided, a design approval sign off supersedes any visual, structural or functional specification presented as part of a proposal.
Subsequent requests for modifications to the visual design, structure or functionality that differs to a material extent from the contents of the Project Agreement may result in additional costs and extended schedule.
No acceptance tests are defined by default. If required, these must be identified, together with the pass and fail criteria, at the time of instruction.
Any part of the Client's website published on a public website will be deemed to have been accepted and payment will become due from the date of publication.
After a site is published all further work is charged at CreoInteractive’s standard hourly rate unless otherwise agreed or it is subject to a new quotation or support agreement.
Copy and images for site content insertion will only be accepted in the format specified by Creo Interactive.
Any additional work required by Creo Interactive to correct copy provided in another format will be charged at the standard hourly rate.
If the Client has committed to provide text and images or other content assets for the site by an agreed date, and fails to do so, Creo Interactive reserves the right to stop work on the site and charge for the full cost of work done to date.
If the Client has committed to review work produced by Creo Interactive by an agreed date, but fails to do so, Creo Interactive reserves the right to stop work on the site and charge for the full cost of work done to date.
Creo Interactive and the Client shall take all reasonable steps not to disclose any information that the other reveals to it and identifies as being confidential.
Creo Interactive reserves the right to re-assign any web site design or build instruction.
Any additions to the brief will be carried out at the discretion of Creo Interactive and where no charge is made by Creo Interactive for such additions, Creo Interactive accept no responsibility to ensure such additions are error free and reserve the right to charge an according amount for any correction to these or further additions.
The client agrees to make available as soon as is reasonably possible to Creo Interactive all materials required to complete the site to the agreed standard and within the set deadline.
Creo Interactive will not be liable for costs incurred, compensation or loss of earnings due to the failure to meet agreed deadlines.
Creo Interactive will not be liable or become involved in any disputes between the site owner and their clients and cannot be held responsible for any wrongdoing on the part of a site owner.
Creo Interactive will not be liable for any costs incurred, compensation or loss of earnings due to the work carried out on behalf of the client or any of the clients appointed agents.
Creo Interactive will not be liable for any costs incurred, compensation or loss of earnings due to the unavailability of the site, its servers, software, a clients domain name or any material provided by its agents.
A deposit of 30% is required with any project before any design work will be carried out. This figure may be changed at the discretion of Creo Interactive.
Once a website has been designed and completed the final balance of payment is then due in accordance with our payment terms. There are no exceptions to this, i.eIf the client decides they no longer want the site, as they have commissioned the work and paid a deposit they are still obliged to pay for the work that has been done. Non payment will result in legal action being taken if necessary.
Database, Application and E-Commerce Development
Creo Interactive cannot take responsibility for any losses incurred by the use of any software created for the client. Whilst every care has been taken to ensure products are problem free and accurate, the ultimate responsibility lies with the client in ensuring that all software is functioning correctly before use.
Where applications or sites are developed on servers not recommended by Creo Interactive, the client is expected to provide or seek any information, additional software, support or co-operation pertaining to the server required in order for the application to be correctly developed. Where large applications are to be developed, it is the clients’ responsibility to provide a suitable testing environment which is identical to the final production environment.
The client is expected to test fully any application or programming relating to a site developed by Creo Interactive before being made generally available for use. Where "bugs", errors or other issues are found after the site is live, Creo Interactive will endeavour (but is not obliged to) to correct these issues to meet the standards of function outlined in the brief.
Website Hosting
When hosting website services are provided by Creo no guarantees can be made as to the availability or interruption of this service. Creo Interactive cannot accept liability for losses caused by the unavailability, malfunction or interruption of this service, or for loss of turnover, sales, revenue, profits or indirect, consequential or special loss.
Creo Interactive reserves the right to refuse to handle in any way, material which may be deemed offensive, illegal or in any way controversial, and also to terminate the hosting service should the necessity arise.
Creo Interactive reserves the right to claim statutory interest at 8% above the Bank of England base rate at the date the debt becomes overdue in accordance with the Late Payment of Commercial Debts (Interest) Act 1998.
Domain Names
Creo Interactive will not be liable for any costs incurred, compensation or loss of earnings due to the the failiure to renew domain names or any errors or ommissions in the domain name settings.
Domain names remain the property of the Client.
