43 North View Westbury Park Bristol BS6 7PY  |  Tel 0117 3258 001  |
 Email mail@creationdesign.co.uk

 

Creation

 

 

 

 


Terms of Contract For The Creation Partnership

1. Having received a brief of requirements from The Client, either verbal or written, The Creation Partnership will produce a quotation detailing the work to be carried out. The Client must provide written or verbal confirmation that the quotation is acceptable by signing and returning a copy of the quotation or verbally agreeing to cost or by other means agreed by the both parties. This will effectively form the basis of the contract.

2. This agreement constitutes the entire agreement between The Creation Partnership and The Client. In making this agreement each party confirms that they have not relied on any inducement not recorded in this agreement.

Copyright and Content

1. The Client MUST own copyright, or have reproduction rights, of all artwork, trade names, photographs, and other materials reproduced in The Client's project. The Client shall indemnify The Creation Partnership against any costs whatsoever in connection with the ownership of copyright or reproduction rights. The Client shall have full liability for the consequences of the contents of the printed literature, website or other project commissioned.

2. The Client's logos, artwork, graphics and photographs remain the copyright of The Client. Design, graphics and programming produced by The Creation Partnership remain the intellectual property of The Creation Partnership (unless other agreements are made and full and final payment has been received).

3. All preliminary work carried out at The Client's request, whether experimentally or otherwise, shall be charged to The Client.

4. The Creation Partnership withholds the right to refuse publication of any content which it sees as being indecent, obscene or offensive towards others.

5. Proofs of all printed work may be submitted for The Client's approval and The Creation Partnership shall not be liable for errors not corrected by The Client in such proofs. The Client's alterations and additional proofs necessitated thereby shall be charged as additional charges. When style, type or layout is left to the judgement of The Creation Partnership, changes there from made by The Client shall be charged as additional charges. No responsibility will be accepted for any errors, including colour variations, in proofs approved by The Client.

Web Site and General Design

1. The Creation Partnership will produce and publish temporarily on the The Creation Partnership web site or provide a design proof for The Client's approval. The design copyright of the proof shall remain the sole property of Creation Design Associates Limited. Use of the design in any respect without the express written or verbal permission of The Creation Partnership will constitute breach of copyright.

2. The Creation Partnership will complete the design and build of The Client's web site or other material after receiving confirmation that the design proof is satisfactory.

3. The Creation Partnership will release Web Site code only and graphics when payment of the final invoice for the outstanding quotation value is received in full. Other material including artwork, photography and intermidiate materials will remain the property of The Creation Partnership. These items my held or disposed of by The Creation Partnership.

4. Once The Creation Partnership has received written or verbal confirmation that the design proof is satisfactory, modifications to the design specification will be considered an amendment to the contract. All modifications must be confirmed in writing.

5. Our consultancy service and general advice is, by its nature, subjective. It is up to The Client whether they decide to follow our ideas and suggestions. We cannot guarantee that any of those ideas and suggestions will increase traffic to The Client's web site, improve ratings with search engines or boost sales.

6. The Client's supplied code with remain the copyright of the Client. Design, graphics and programming produced by The Creation Partnership remain the intellectual property of The Creation Partnership although the company will provide full access to the source code. Some parts of the software code may also be the intellectual property of others licensed for use in the site and code (unless other agreements are made and full and final payment has been received).

Domain Name Registration and Website Hosting

1. The Creation Partnership will register domain names in The Client's name. In doing this, The Creation Partnership are acting as The Client's agent with the appropriate Naming Authority. The contract of registration is between The Client and them and The Client is bound by their terms and conditions (available on request).

2. Registration is for two years unless otherwise agreed. Although we will do our best to renew the registration for you, it is ultimately your responsibility to make sure this happens so please keep a note of the date.

3. The Creation Partnership will advise The Client on the most appropriate and cost-effective web site hosting package supplied by a third party. The website hosting contract is between The Client and the hosting company and The Client is bound by their terms and conditions (available on request).

4. The Client takes all risks in connection with the solvency and performance of such third parties and The Client accepts that the third party has sole liability to provide such services.

5. When web site hosting is provided the following terms will apply: Click here for hosting terms and agreements.

Insurance

The Client shall be responsible for effecting all necessary insurance in respect of any loss, damage, or expense that it may suffer directly or indirectly in relation to the provision or non-provision of The Creation Partnership goods and services.

Force MaJeure

The Creation Partnership shall not be liable for any delay or failure to perform any of its contractual obligations as a result of war, flood, storm, riot, fire, accident, civil commotion, acts of god, government action, failure of power supply, equipment failure, lock out, strike, default or failure of subcontractor or suppliers or any other cause beyond its reasonable control and The Creation Partnership shall not be liable for any loss, damage or expense suffered by The Client or any third party arising directly or indirectly from any such matters.

Invoicing, Payment and Tender Validity

1. Payment for design services must (unless otherwise agreed with The Creation Partnership) be made as follows: 30% (or an agreed deposit) with order, plus balance on completion. Design modifications will be a charged at the prevailing hourly rate dependant on type of service required.

2. Payment shall be made in UK Pounds Sterling to The Creation Partnership. Payments are due within 30 days of presentation of invoice. If due to bank charges, transfer fees, or the like, The Creation Partnership should receive less than its invoice amount, The Creation Partnership will re-invoice The Client for the shortfall. In the event that any amount remains unpaid 30 days after invoice date, The Creation Partnership reserves the right to discontinue, withhold, or suspend services to The Client to whom such unpaid amounts relate.

3. In accordance with The Late Payment of Commercial Debts Act 1998 interest will be charged on all payments received outside of payment terms at the rate of 2% above Lloyds Bank plc base rate. All charges incurred by The Creation Partnership due to late payment or cheques that require representing or fees required to recover debts will be passed onto The Client.

4. Tenders and Quotes are valid for 60 days from the date of the Tender or Quote. All prices quoted may be subject to change without notice after this period.

5. Once The Creation Partnership has undertaken a commission for services, a cancellation fee of up to 75% will apply if the contract is terminated through no fault of The Creation Partnership. An interim invoice will also be levied for up to 75% of the total quotation value if the commissioned project's content is not received within 60 days of commission.

Disclaimer

1. The Creation Partnership cannot be held liable for any information contained within The Client's web site or printed literature. The content of such remains the copyright and intellectual property of The Client. The Client is liable for any reasonable legal costs incurred by The Creation Partnership caused by the content of The Client's web site or other project and agrees to indemnify The Creation Partnership for any awards made by a court of law.

2. Search Engine entry and ranking can in no way be guaranteed as this remains the sole discretion of a third party search engine provider.

3. No liability will be accepted for compatibility issues with code or any errors, omissions or failings of software code produced.

4. Where in the instance that a time scale / schedule has been given, The Creation Partnership will not be responsible for any money lost to The Client if the deadline is not met.

5. On completion of any web site it is the sole responsibility of The Client to manage the site. The Creation Partnership will no longer be responsible for the site upon completion unless an alternative agreement has been reached.

6. Should The Creation Partnership waive any of these terms on an individual basis, this shall not affect the validity of remaining clauses or commit The Creation Partnership to waive the same clause on any other occasion.

7. This contract shall be subject to English Law. Where it is held that The Creation Partnership is not entitled to rely on any term in this contract, then The Creation Partnership may also be allowed to cancel all rights and obligations under this contract, or to hold all other clauses as valid entirely at their sole discretion.

8. The Creation Partnership reserves the right to amend these terms and conditions at any time.

Submission of Information and Data Protection

1. Any information submitted to The Creation Partnership shall be used by The Creation Partnership in accordance with the Data Protection Act 1998.

2. Any visitor who provides information warrants that the information provided is complete, true and accurate in all respects.

3. We will use your information and the subsequent information we collect about you, to create a database. This database and the information it contains will be used by the The Creation Partnership for the purpose of sales communications and held on account management database to enable to contact you and hold information about projects past and present plus estimates we may produce for you. We may also send you sales and other information which we think may be of interest to you in the future.

4. By responding to our subsequent enquires you are deemed to consent to our processing personal data about you and your company where necessary for the above purposes, including the processing of any personal data about you.

5. If you do not want to receive any information from either us or third parties, tell us when you next contact us.

6. If you wish to receive a copy of the information we hold about you, write to us.

Specific Terms for Specialists Services

1. The Creation Partnership publishes specfic terms for Advertising, Webhosting and Distrubtion services. Full terms are published on the Creation Website as below.


Business Address
The Creation Partnership
43 North View
Westbury Park
Bristol
BS6 7PY

Partners
Mr Robert Wilkins
Mr Nicholas Wood

www.creationdesign.co.uk/terms