The following terms and conditions apply to all design and development services provided by Black Castle Creative to the client:

 

Acceptance

 

It is not necessary for any Client to have signed an acceptance of these terms and conditions for them to apply. If a Client accepts a quote then the Client 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 our services implies that you have read and accepted our terms and conditions.

 

Charges

 

Charges for services to be provided by Black Castle Creative are defined in the project quotation that the Client receives via e-mail. Quotations are valid for a period of 30 days. Black Castle Creative reserves the right to alter or decline to provide a quotation after expiry of the 30 days.

 

Unless agreed otherwise with the Client, all website design services require an advance payment of a minimum of thirty (30) percent of the project quotation total before the website is built. The remaining balance is required to be paid before the website is uploaded to a server or the materials are released.

 

Payment for services is due by cheque or bank transfer.  Black Castle Creative reserves the right to hold all work until the complete payment is made and received.

 

Client Review

 

Black Castle Creative will provide the Client with an opportunity to review the appearance and content of the website during the design phase and once the overall website development is completed. At the completion of the project, such materials will be deemed to be accepted and approved unless the Client notifies Black Castle Creative otherwise within ten (10) days of the date the materials are made available to the Client.

 

Turnaround Time and Content Control

 

Black Castle Creative will install and publicly post or supply the Client's website by the date specified in the project proposal, or at date agreed with Client upon Black Castle Creative receiving initial payment, unless a delay is specifically requested by the Client and agreed by Black Castle Creative.

 

In return, the Client agrees to delegate a single individual as a primary contact to aid Black Castle Creative with progressing the commission in a satisfactory and expedient manner.

 

Black Castle Creative is not responsible for the website content. During the project, Black Castle Creative will require the Client to provide website content; text, images, movies and sound files.

 

Black Castle Creative Limited is not to be held accountable if the turnaround time is met, and the final payment has not been made.

 

Failure to provide required website content

 

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 offers for other work and enquiries to ensure that your work is completed at the time arranged.

 

Text content should be delivered as a Microsoft Word, email (or similar) document with the pages in the supplied document representing the content of the relevant pages on your website. These pages should have the same titles as the agreed website pages.

 

Using our content management system you are able to keep your content up to date yourself.

 

Price Match

 

Black Castle Creative reserves the right to decline matching the price on any quotes received if we do not see the quote as being priced at on a competitive basis and/or we do not have the sufficient evidence that the quote is genuine.

 

Black Castle Creative reserves the right to decline matching the price on any quotes received if they are older than thirty (30) days old.

 

Offer is not valid for any services already under contract.

 

Payment

 

Invoices will be provided by Black Castle Creative upon completion but before publishing the live website. Invoices are normally sent via email; however, the Client may choose to receive hard copy invoices. Invoices are due upon receipt. Accounts that remain unpaid thirty (30) days after the date of the invoice will be assessed a service charge in the amount of the 5% (five) per month of the total amount due.

 

Our deposits are non-refundable and are taken as a fee to cover our services.

 

Additional Expenses

 

Client agrees to reimburse Black Castle Creative for any additional expenses necessary for the completion of the work. Examples would be purchase of special fonts, stock photography etc.

 

Web Browsers & Devices

 

Black Castle Creative makes every effort to ensure websites are designed to be viewed by the majority of visitors. Websites are designed to work with the most popular current browsers (e.g. Firefox, Internet Explorer 8 & 9, Google Chrome, etc.). Client agrees that Black Castle Creative cannot guarantee correct functionality with all browser software across different operating systems.

 

Black Castle Creative cannot accept responsibility for web pages which do not display acceptably in new versions of browsers released after the website have been designed and handed over to the Client. As such, Black Castle 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.

 

Black Castle Creative also makes efforts to ensure the website runs across various platforms, such as phone’s and tablets however we cannot be deemed responsible or guarantee the correct functionality of the website across all devices.

 

Default

 

Accounts unpaid thirty (30) days after the date of invoice will be considered in default. If the Client in default maintains any information or files from Black Castle Creative, Black Castle Creative will, at its discretion, remove all such material from its web space. Black Castle Creative is not responsible for any loss of data incurred due to the removal of the service. Removal of such material does not relieve the Client of the obligation to pay any outstanding charges assessed to the Client's account. Cheques returned for insufficient funds will be assessed a return charge of £25 and the Client's account will immediately be considered to be in default until full payment is received. Clients with accounts in default agree to pay Black Castle Creative reasonable expenses, including legal fees and costs for collection by third-party agencies, incurred Black Castle Creative in enforcing these Terms and Conditions.

 

Termination

 

Termination of services by the Client must be requested in a written notice and will be effective on receipt of such notice. E-mail or telephone requests for termination of services will not be honoured until and unless confirmed in writing. The Client will be invoiced for design work completed to the date of first notice of cancellation for payment in full within thirty (30) days.

 

Indemnity

 

All files Black Castle Creative services may be used for lawful purposes only. You agree to indemnify and hold Black Castle Creative harmless from any claims resulting from your use of our service that damages you or any other party.

 

Copyright

 

The Client retains the copyright to data, files and graphic logos provided by the Client, and grants files Black Castle Creative the rights to publish and use such material. The Client must obtain permission and rights to use any information or files that are copyrighted by a third party. The Client is further responsible for granting files Black Castle Creative permission and rights for use of the same and agrees to indemnify and hold harmless files Black Castle Creative from any and all claims resulting from the Client's negligence or inability to obtain proper copyright permissions. A contract for website design and/or placement shall be regarded as a guarantee by the files Black Castle Creative that all such permissions and authorities have been obtained. Evidence of permissions and authorities may be requested.

 

Standard Media Delivery

 

Unless otherwise specified in the project quotation, this Agreement assumes that any text will be provided by the Client in electronic format (ASCII text files delivered on floppy disk or via e-mail or FTP) and that all photographs and other graphics will be provided physically in high quality print suitable for scanning or electronically in .gif, .jpeg, .png or .tiff format. Although every reasonable attempt shall be made by files Black Castle Creative to return to the Client any images or printed material provided for use in creation of the Client's website, such return cannot be guaranteed.

 

Design Credit

 

Black Castle Creative reserves the right to appear in either small type or by a small graphic at the bottom of the Client's website. If a graphic is used, it will be designed to fit in with the overall site design. If a client requests that the design credit be removed, a nominal fee of 10% of the total development charges will be applied. The Client also agrees that the website developed for the Client may be presented in Black Castle Creative portfolio.

 

Access Requirements

 

If the Client's website is to be installed on a third-party server, Black Castle Creative must be granted temporary read/write access to the Client's storage directories which must be accessible via FTP. Depending on the specific nature of the project, other resources might also need to be configured on the server.

 

Post-Placement Alterations

 

Black Castle Creative cannot accept responsibility for any alterations caused by a third party occurring to the Client's pages once installed. Such alterations include, but are not limited to additions, modifications or deletions.

 

Domain Names

 

Black Castle Creative may purchase domain names on behalf of the Client. Payment and renewal of those domain names is the responsibility of the Client. The loss, cancellation or otherwise of the domain brought about by non or late payment is not the responsibility of Black Castle Creative. The Client should keep a record of the due dates for payment to ensure that payment is received in good time.

 

If you own a domain and are hosting with Black Castle Creative, you will need to provide access to the domain name or subsequently alter the settings of the domain name. We do not hold your domain account details and do not accept responsibility for your domain account.

 

Hosting & Email

 

Black Castle Creative will make no representation and give no warranty as to the accuracy or quality of information received by any person via the Server and we shall have no liability for any loss or damage to any data stored on the Server. You represent, undertake and warrant to us that you will use the Web Site allocated to you only for lawful purposes and to promptly inform us if this clause or any sub clause of this clause has been breached or you become aware that they may have been breached. In particular, you represent, warrant and undertake to us.

The client will not use the Server in any manner which infringes any law or regulation or which infringes the rights of any third party, nor will you authorize or permit any other person to do so.

 

The client will not upload, post, link to or transmit: any material which is unlawful, threatening, abusive, malicious, defamatory, obscene, pornographic, blasphemous, profane or otherwise objectionable in any way. Any material containing a virus or other hostile computer program. Any material which constitutes, or encourages the commission of, a criminal offence or which infringes any patent, trade mark, design right, copyright or any other intellectual property right or similar rights of any person which may subsist under the laws of any jurisdiction. The client will not send bulk email whether opt-in or otherwise from our network. Nor will the client promote a site hosted on our network using bulk email. The client will not employ programs which consume excessive system resources, including but not limited to processor cycles and memory. Any file the client stores on the Server will be reachable via a hyper-link from a page on the client’s site. Black Castle Creative reserves the right to remove any material which we deem inappropriate from The client’s Web Site without notice to you.

 

The client shall keep secure any identification, password and other confidential information relating to the client’s account and shall notify us immediately of any known or suspected unauthorized use of the client’s account or breach of security, including but not limited to loss, theft or unauthorized disclosure of the client ‘s password or other security information. The client shall observe the procedures which we may from time to time prescribe and shall make no use of the Server which is detrimental to our other customers. The client  shall procure that all mail is sent in accordance with applicable legislation (including data protection legislation) and in a secure manner. In the case of an individual User, you warrant that you are at least 18 years of age and if the User is a company, you warrant that the Services will not be used by anyone under the age of 18 years. While we will use every reasonable endeavor to ensure the integrity and security of the Server, we do not guarantee that the Server will be free from unauthorized users or hackers and we shall be under no liability for non-receipt or mis-routing of email or for any other failure of email. No more than one log-in session under any one account may be used at any time by the client. If the client has multiple accounts, you are limited to one login session per system account at any time.

 

Black Castle Creative reserves the right to terminate the hosting of the client’s website if these terms are broken.

 

Black Castle Creative uses a shared hosting platform and cannot accept responsibility or be made accountable for any maintenance, downtime or issues with the hosting platform. The hosting is not run or operated by Black Castle Creative Limited and therefore we are not responsible for the hosting.

 

General

 

These Terms and Conditions supersede all previous representations, understandings or agreements. The Client's signature below or payment of an advance fee constitutes agreement to and acceptance of these Terms and Conditions. Payment online is an acceptance of our terms and conditions.

 

Governing Law

 

These terms and conditions shall be governed by and construed in accordance with Scots law and are subject to the jurisdiction of the Scottish courts.

 

Liability

 

Black Castle Creative Limited hereby excludes itself, its Employees and or Agents from all and any liability from:

 

• Loss or damage caused by any inaccuracy;

• Loss or damage caused by omission;

• Loss or damage caused by delay or error, whether the result of negligence or other cause in the production of the web site;

• Loss or damage to clients' artwork/photos, supplied for the site. Immaterial whether the loss or damage results from negligence or otherwise.

 

The entire liability of Black Castle Creative to the Client in respect of any claim whatsoever or breach of this Agreement, whether or not arising out of negligence, shall be limited to the charges paid for the Services under this Agreement in respect of which the breach has arisen.

 

Severability

 

In the event any one or more of the provisions of this Agreement shall be held to be invalid, illegal or unenforceable, the remaining provisions of this Agreement shall be unimpaired and the Agreement shall not be void for this reason alone. Such invalid, illegal or unenforceable provision shall be replaced by a mutually acceptable valid, legal and enforceable provision, which comes closest to the intention of the parties underlying the invalid,

 

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