The following terms and conditions apply to all website development / design / copywriting / proofreading services provided by Warbrook Creative to the Client. It is not necessary for any Client to have signed an acceptance of these terms and conditions for them to apply. Please read these terms and conditions carefully. Any purchase or use of our services implies you have read and accepted these terms and conditions in full.
The Client: the company or individual requesting the services of Warbrook Creative.
Warbrook Creative: their partners, their employees or appointed agents.
WHAT DO BOTH PARTIES AGREE TO?
The Client agrees to:
i. Provide Warbrook Creative, within a reasonable timescale, everything that is requested from you to complete the project, including text, images and other information.
ii. Review Warbrook Creative’s work, provide feedback, and signoff approval in a timely manner.
iii. Make every effort to adhere to all agreed deadlines.
iv. Advise, in advance, of any confidential information to be presented by email, written, or verbally, between both parties. Also, for this to be marked as ‘confidential’ in the subject of the email, or clearly on any written documents.
v. Ensure the customer materials will not infringe any person’s Intellectual Property Rights or other legal rights, will not breach any laws or regulations, and will not give rise to a cause of action against any person, in each case in any jurisdiction and under any applicable law.
vi. Provide a minimum of one month’s notice in writing, or by email, should you wish to cancel any contract.
Warbrook Creative agrees to:
i. Carry out services in a professional and timely manner.
ii. Make every effort to adhere to any deadlines agreed between us and you.
iii. Make a reasonable number of small revisions to the design, layout, colours or written content, during the review period, until you are satisfied with the design / written content or such time as both parties feel an agreement is likely to be reached. We do not want to limit your ability to change your mind and we are happy to be flexible. However, major changes or an unreasonable number of revisions will be charged separately at our standard hourly rates, as will additional revisions or design work outside the scope of the project. We are happy to estimate costs for any such work.
iv. We can offer web hosting, which can be quoted for upon request.
v. Your website will be search engine friendly and allow your website to be found by search engines. However, further SEO may be required if you wish to achieve high rankings in major search engines. This work can be quoted for upon request.
DESIGN AND COPYWRITING SERVICES
By supplying images, text, or any other data to Warbrook Creative, the Client grants Warbrook Creative permission to use this material freely in the pursuit of the design and copywriting, and to utilise the designs in Warbrook Creative’s portfolio, unless agreed otherwise.
By supplying text, images and other data to Warbrook Creative for inclusion in the Client’s website or other medium, the Client declares it holds the appropriate copyright and/or trademark permissions.
If an image, text, audio clip or any other file is supplied by Warbrook Creative or the Client with the understanding it was copyright and royalty free but which subsequently emerges to have copyright or royalty usage limitations, the Client will agree to allow Warbrook Creative to remove and/or replace the file (this applies to images, text, audio clips or any other files for use in a website, multimedia presentation, print item, exhibition, advertisement or any other medium.) Once the file has been removed and/or replaced, the Client agrees to fully indemnify and hold Warbrook Creative free from harm in any and all claims resulting from the Client not having obtained all the required copyright and/or any other necessary permissions.
The Client agrees to answer a set of questions supplied by Warbrook Creative at the start of the project as part of research to inform the copywriting.
Warbrook Creative considers the design and/or copywriting project complete upon receipt of the Client’s sign-off. The Client agrees that changes required over and above the estimated work or required to be carried out after acceptance of the draft design will be liable to a separate charge.
All websites are developed to work primarily across all major browsers and platforms, including other devices such as mobile phones and touchpads. However, Warbrook Creative cannot guarantee complete and/or long-term compatibility across every major browser, platform or handheld device due to updates/upgrades by their respective vendors. As such, Warbrook Creative 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. Warbrook Creative cannot guarantee compatibility in old or redundant browser software.
While Warbrook Creative offers hosting of websites, no guarantees can be made as to the availability or interruption of this service. Warbrook Creative 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. We offer hosting services by buying server space from a preferred supplier which guarantees 99.9% uptime.
Should you require any additional information, please get in touch.
Warbrook Creative 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. Fees relating to web hosting or domain names must be paid prior to the expiration date of the said service. If the fees remain unpaid at the time of expiration, we will with immediate effect, cancel the service, and any data held by the service will be removed. If a cancelled service is to be reinstated at the Client’s request, a setup fee will be payable before any such reinstatement, and any data lost as a result of the cancellation will not necessarily be restored.
In the unlikely event you wish to cancel website hosting services with Warbrook Creative, there is a one-off admin charge of £40 to transfer your domain name.
Any indication given by Warbrook Creative of a design project’s duration is to be considered by the customer to be an estimation. Warbrook Creative cannot be held responsible for any project over-runs, whatever the cause. Estimated project duration should be deemed to be from the date that cleared funds are received by Warbrook Creative for the initial payment or by the date confirmed in writing by Warbrook Creative.
CHARGES AND PAYMENT
Charges for services to be provided by Warbrook Creative are defined in the project quotation that the Client receives via email. Quotations are valid for a period of 30 days. Warbrook Creative reserves the right to alter or decline to provide a quotation after expiry of the 30 days.
A deposit may be required from the Client before any work is carried out. All deposits are non-refundable. In all cases, website hosting fees and any costs incurred by Warbrook Creative on behalf of the client are payable in advance and are non-refundable.
Payment for services is due by cheque or bank transfer. Cheques should be made payable to Warbrook Creative and sent to 28 Talbot Way, Nantwich CW5 7RQ. Bank details will be made available on invoices.
It is Warbrook Creative’s policy that any outstanding accounts for work carried out by Warbrook Creative or its affiliates are required to be paid in full, no later than 30 days from the date of the invoice, unless by prior arrangement with Warbrook Creative. If accounts are not settled or Warbrook Creative has not been contacted regarding the delay, access to the related website may be denied.
Warbrook Creative reserves the right to request full payment before the release of files, design, domain names or hosting services.
PASSING OF RIGHTS
Once all amounts due to us from you are paid and cleared, you are assigned the rights to use the products and services, including the website which includes the text, graphics, animation, audio components and digital components contained within the finished website, in accordance with these terms and conditions.
No such rights, as described above, will pass until all amounts due to us from you are paid. This means we will have a lien over any service, products, data or information. If you have not paid the invoice in full within 30 days from the date of the invoice, you agree that you will forfeit your rights. The rights to text, photographs, graphics and any third-party items such as source code, always remain the property of their respective owners.
You will own the work we have created for you, plus the visual elements that we create for it. We will give you source files and finished files and you should keep them somewhere safe because we are not required to keep a copy. You own all intellectual property rights of text, images, site specification and data you provided, unless someone else owns them.
We will own any intellectual property rights we have developed prior to or developed separately from this project and not paid for by you. We will own the unique combination of these elements that constitutes a complete design and we will license its use to you, exclusively and in perpetuity for this project only, unless we agree otherwise.