Terms & Conditions

Terms & Conditions

The following terms & conditions are applicable to all services provided by Createch Digital Ltd, unless otherwise agreed and established within a contract between Createch Digital Ltd and the client.

The signing and acceptance of a contract, for any and all services provided by Createch Digital Ltd, is considered an acceptance of the following terms & conditions.

Please read these terms & conditions carefully prior to entering into contract with Createch Digital Ltd for any and all services we provide. A consultation to go over the terms & conditions prior to signing a contract can be arranged on request.

Definitions

In these terms & conditions, Createch Digital Ltd are represented by various terms. These terms include “us”, “we”, “our”, “Createch” and “Createch Digital”.

In these terms & conditions, the client is represented by various terms. These terms include “client”, “customer”, “you”, “your”.

Quotation & Proposals

It is the clients responsibility to provide their specific guidelines and details in order to receive a quote from Createch Digital Ltd that truly represents the clients requirements. If it is the case that the required details are not fully provided, the quote may not necessarily represent the requirements of the client. This could also lead to issues throughout the project lifecycle, which may incur additional costs to meet the requirements of the client. Createch Digital Ltd will work with the client to ensure that we can capture every requirement of the client but cannot guarantee product quality if the requirements are not fully communicated.

After a proposal has been finalised. Any significant changes to the project may result in a time delay which may surpass the agreed date of project delivery. Createch Digital Ltd shall not be held liable for delays caused by a clients change in project requirements.

Quotations provided by Createch Digital include the cost for the services identified by the requirements of the Client. This quotation is made available to the client by email transmission but can be provided in hard copy on request. Quotations for services provided by Createch Digital remain valid for 28 days. The right to alter a quotation after the 28-day window is reserved by Createch Digital.

The quality of all services provided by Createch Digital are the responsibility of Createch Digital Ltd where the client has fully met their obligations. Createch Digital, however, reserves the right to engage subcontractors to ensure the project scope and deadline is achieved. Createch Digital will always strive for maximum quality, especially when engaging subcontractors.

Proposals and quotations between Createch Digital Ltd and its clients are confidential and should never be shared unless Createch Digital Ltd has provided written consent.

Payments, Charges, and Invoicing

On the signing and acceptance of a contract for fixed-price services provided by Createch Digital, the client agrees to complete the payments for the work provided by Createch Digital Ltd. Unless mutually agreed, the payment process for all fixed-price services is a payment of fifty (50) percent of the quotation total before the project commences. The second payment, covering the final fifty (50) percent of the quotation total is required on project completion. The final payment will initiate handover of the product or service from Createch Digital to the client.

On the signing and acceptance of a contract for recurring-payment services provided by Createch Digital, the client agrees to complete the recurring payments in full for the work provided by Createch Digital Ltd. Unless mutually agreed, the payment process for all recurring payment services is a payment of one hundred (100) percent of the deposit as identified in the quotation before the project commences. The following payments, covering one hundred (100) percent of the agreed recurring payments is required as per the mutually agreed recurring payment plan, which should be made within a 3-day window of the clients chosen payment date.

Any additional costs that Createch Digital is subject to, outside of the project scope, due to the addition or extension of the project scope, by the client, shall be reimbursed by the client. The client will be notified of any additional costs applicable to any additional or extension of works before they are accepted by Createch Digital.

Createch Digital Ltd will provide invoices in accordance with the above payment terms. Payment is due from the date of receipt. Receipts will be transmitted via email within standard working days and hours (Monday – Thursday, 8am – 6pm) to ensure that the client has full vision when receiving an invoice. If mutually agreed by Createch Digital Ltd and the client, invoices can also be transmitted as hard copies.

Payments, unless mutually agreed between Createch Digital Ltd and the client, shall be payable by bank transfer. Bank details will be present on any invoices transmitted by Createch Digital and can also be made available on request from the client.

Payments not made to Createch Digital within a reasonable time period of receipt will result in a halt or removal of the product or services provided by Createch Digital to the client. This will occur after 28 days of the date on invoice. Createch Digital Ltd reserves the right to halt and, if needed, remove products and services provided within that project. Createch Digital Ltd are not liable for any costs incurred in the halt or removal of services as a result of a failed payment. Services and products provided by Createch Digital Ltd will be returned to operation or development once the payment is eventually made.

Revisions, Reviews & Change Control

Createch Digital understands that the client wants the project to be perfect for their business. We intend to work with the client within reason to pursue a perfect project. However, Createch Digital reserves the right to charge for further revisions where the revision orders are deemed to be unreasonably extensive.

All change orders and revision requests submitted by the client will be subject to assessment by Createch Digital to determine the resources required to apply the change or revision. Createch Digital reserves the right to ask for the client to reimburse any costs incurred in any changes and revisions made at the client’s request.

Createch Digital recommend that any changes to a websites content are actioned by Createch Digital. This allows for expert content editing, optimisation, and formatting so that it fits perfectly with your website. Changes can be requested by any reasonable method and will be actioned as soon as possible, usually same day.

If a client is going to manage their own website and content, training will be provided on project delivery. Website maintenance can also be provided by Createch Digital as a monthly service to ensure it is updated and optimised regularly.

Project Delivery & Completion Dates

An estimated completion date will be included within any proposals sent to clients. A refined completion date estimate will be sent to the client on the first receipt of payment from the client to Createch Digital.

Createch Digital shall not be held responsible for any delays caused by the client not providing the required or requested information and material to be used in the project / service being delivered.

Createch Digital Ltd also shall not be held responsible for any delays caused by circumstances that fall beyond their control. Delays can occur for a variety of reasons out of Createch Digital’s control and will be swiftly communicated to the client to give as much transparency as possible with any technical errors.

Service Pausing & Inactivity

Createch Digital appreciates the need to pause services and projects. We offer the ability to pause services that we are providing. If a project is still in development, we do offer the pausing of projects. However, beware that pausing may interrupt the current workstream and therefore when restarting may be further delayed than expected. Createch Digital reserves the right to delay unpausing of services as to not overcrowd their project workspace. Createch Digital reserves to right to request a project restart fee before commencing with the project. This will complete a portion of the remaining balance and will not be an additional charge.

For recurring-payment services, pausing will instantly halt the service. Where costs are imposed on Createch Digital for certain services, for example monthly plans with third-party service providers, which cannot be paused, Createch Digital reserves the right to request this is reimbursed once the services are restarted. If third-party services must be completely cancelled for Createch Digital to provide the service pause, then Createch Digital reserves the right to request a restart fee from the client to initiate said services again.

If a client becomes unresponsive for more than 60 days. Notice will be provided initiating a 14-day window before the expiry of services. This expiry of services will result in the termination of the contract held between the client and Createch Digital, the halting or removal of services provided to the client by Createch Digital, and Createch Digital reserve the right to retain all funds that have been paid by the client. No refunds will be available for the expiry of services.

Website Design

Websites by Createch Digital are designed following mutual agreements of the client and Createch Digital.

Createch Digital recommend that we design, configure, and host your website via a third-party cloud hosting platform. This offers the best service availability for your website and is accessible by authorised users, be that the client or Createch Digital, no matter where they are. This supports our strive towards real-time change management where possible, either by yourselves or by Createch Digital.

Createch Digital designs websites to be optimised as much as reasonably possible during the project stages. In operation, where the client has taken full control of the website, and Createch are no longer included in the maintenance or development, Createch Digital shall not be held responsible for the optimisation of the website. Optimisation refers to the speed of the website, the search engine optimisation, the content of the website., etc.

Createch Digital designs websites to be as secure as reasonably possible during the project stages. However, Createch Digital shall not be held liable for any threats presented after project delivery. Due care is taken to establish a hosting plan which meets reasonable security requirements as well as the securing the website as much as reasonably possible and Createch Digital can prove their efforts to secure the website as much as reasonably possible. Therefore, Createch Digital shall not be held liable for attacks on the hosting provider or the website itself.

If a client wishes to host their own web server, the server must meet the requirements of Createch Digital for their website. As aforementioned, it is recommended that clients move to cloud-based approaches, but this can be arranged if required.

While the website is in development, the client will be given the opportunity to access and view the website as if it was live. This allows the client to follow the full design process and provide comments and requests accordingly.

The content of the website will be agreed upon contract signing. Where a client is to provide the content for the website, they must do so in a timely manner so that the project is not delayed. We will work with the client to establish a secure and optimal means of content transfer, and this will be arranged on a case-by-case basis.

Createch Digital will try to ensure that the website works on the current popular web browsers. Createch Digital, however, cannot guarantee functionality across every browser on every operating system.

Createch Digital cannot guarantee functionality across browsers where they have been updated, resulting in the website functionality to be impacted. Maintenance of this will be included in the maintenance plan. Where a client is not on the maintenance plan, a fee will be charged to renew the website to meet the new browser requirements.

Createch Digital shall never be held liable for the accuracy of legal / privacy disclaimers and policies. Even where Createch may help with these types of website material, it is the client’s sole responsibility to ensure these are relevant and accurate for their business.

Website Maintenance

Createch Digital offer a website maintenance plan. This covers everything including patch updates, content updating & changing, website optimisation and security optimisation, etc. This can be agreed at any stage and is included as an option in proposals. This is subjective and maintenance must be within reason, redesigns or any work that is more extensive than is deemed as available on the maintenance plan may be subject to further cost to the Client. This will always be communicated before any work starts.

Where a client decides to maintain their own website, Createch Digital should not be held responsible for any changes or issues arising with the website due to a client’s changes. Createch Digital reserve the right to charge hourly for one-off website support.

Ongoing client advice via email is provided free following a website project. This is basic advice and does not include Createch Digital accessing and updating the website, it is advice communicated via email or telephone.

Hosting Renewals

1-year hosting plans are included with all our website design packages. Hosting plans will be recommended to you by Createch Digital to provide the best infrastructure for your website. We have no affiliation with any hosting platforms.

The renewal date for the hosting plans will be one year from the initial hosting start date. Clients will receive reminders from Createch Digital that their hosting plan is coming up to expiry. Clients will be made aware by email with 45 days left, then 30 days left, then 15 days left. If it reaches 10 days until expiry, Createch Digital will pursue the client.

If there is no customer response or payment received by the expiry date, the hosting plan will end. This may cause issues with the website, domain, and email domain system so it is imperative that this does not occur. Clients will be notified if their hosting plan becomes suspended.

Termination

If a client wishes to terminate the services of Createch Digital, this should be communicated by written notice via email or hardcopy. Where this is during a project, a cancellation fee might be charged to the client for the work done so far.

Createch Digital reserves the right to decline or terminate services requested by the client that it finds to be unlawful, indecent, or inappropriate. This will be communicated to the client and effective immediately upon receipt of a notice. In the case that Createch Digital believes themselves and the clients can work to resolve the issue and continue service, this will also be communicated to the client, and until resolved, the service(s) will be suspended.

Indemnity

All products and services provided by Createch Digital Ltd must be used for lawful purposes. By singing the contract and therefore accepting these terms & conditions, the client agrees that Createch Digital will be held harmless to any damages, losses, and expenses that may arise as a result of any actions or claims which are caused by the Clients wrongful use of Createch Digitals products and services.

Intellectual Property

All material supplied by any client for services and products provided by Createch Digital will always remain the clients intellectual property. On signing of a contract and acceptance of these terms & conditions, the client agrees to Createch Digitals use of these materials in the development of and product or service.

Any products or services generated by Createch Digital will be owned by Createch Digital Ltd until they are in receipt of payment for such products services, at which point their ownership will transfer to the client.

Client-provided material

By a client engaging Createch Digital to design or develop a product or service, the client agrees to provide any content that they want on the website in a form that is easily accessible and can easily be transferred.

For text-based content, this should be by any format in FREE software that can be read and copy and pasted. Createch Digital reserve the right to request different formats of documents.

For images, this should be in PNG, JPEG, JPG, WEBP, GIF, EPS, AI. PDF may also be acceptable, subject to quality. Createch Digital reserve the right to request different formats of documents.

E-Commerce

E-Commerce terms & conditions are to be negotiated between the client and Createch Digital. Terms for e-commerce websites are specific to each client and therefore cannot be established as general policy.

Logo & Graphic Design

Createch Digital reserve the right to request that any material submitted to be used in graphic design is re-submitted in formats suitable for graphic design purposes, especially where the graphic design is to be printed.

Graphic design for print services may be declined where the material required cannot be provided to Createch Digital. If work has been done prior to the client supplying the material required, Createch Digital reserves the right to charge a fee for their services and will supply the client with any work they have done so far.

Digital Marketing

The scope of digital marketing work varies for every client, and every custom package. Digital marketing packages are typically charged monthly. When a client agrees to a digital marketing scope of work, they must consider the initial set-up and design of such digital marketing campaigns. Createch Digital reserve the right to charge a cancellation fee when a digital marketing package is cancelled in less than three (3) months.

Business Services

On signing a contract for any digital business services, the client grants Createch Digital permission to request, and use their business, or personal, information to sign up for services as requested by the client. Createch Digital will always inform the client where their data has been used and why.

Social Media

Social media services require access to social media accounts. For this, the client must agree to share the credentials for such accounts. Whilst Createch Digital are using the accounts, the client must not change credentials or account information whilst Createch Digital are in use to provide a service to the client.

It is advised that a client changes their account credentials before and following granting Createch Digital access to the accounts for services they are providing.

Createch Digital will always keep the credentials for such account as secure as possible. Further details of this can be provided upon request.

 

Domain Name

Createch Digital may register domain names during works being provided to the client. The renewal of domain names is the clients responsibility. The failure to renew will result in domain expiry, and therefore will result in service disruption, as well as the ability to lose the domain name to another individual.

Createch Digital aspires to remind clients of upcoming renewal arrangements, but if it fails to do so, cannot be held responsible.

The client agrees to notify Createch Digital of any personal / business information changes whilst it is engaging Createch Digital to provide services. Failure to provide such information may mean that invoices and other important information is not shared with the client.

Design Attribution

Createch Digital, when designing websites, will include a caveat in the footer of webpages to advertise that they have designed that website. This attributes the design and development of the website to Createch Digital. This can be agreed to be removed from the website but may incur a fee of five (5) percent of the total website cost.

Portfolio Submission

All products and services created or developed by Createch Digital are used to display evidence of past works. Createch Digital reserve the right to use any products or services in reasonable portfolio submissions and marketing campaigns, unless explicitly agreed between the client and Createch Digital.

Non-Disclosure

Any information between the client and Createch Digital, including any subcontractors it may use, will never be shared to any third-party outside of the scope of work. Clients will always be involved with the projects of Createch Digital and Createch Digital will be transparent about any sharing of data that occurs for the completion of its works.

Upon accepting these terms, the client agrees not to share information about Createch Digital to any third-party for any reason outside the scope of work.

Privacy / Data Protection

Createch Digital Ltd strive to comply with regulations around Data Protection. This includes the Data Protection Act 2018 & UK GDPR. The Privacy Policy can be found here.

Legality

These terms & conditions and any claims arising out of or in connection with the terms & conditions will be governed by and construed in accordance with the law of England and Wales.

On acceptance of these terms & conditions, you submit to the exclusive jurisdiction of the courts of England & Wales.

Liability

On acceptance of these terms & conditions, the client agrees to hold Createch Digital harmless for any claim resulting from the submission of illegal materials or information.

Createch Digital shall not be liable for any damages caused by the inability to use their provided services correctly. Training is provided on handover for any services that will require client input and maintenance. This also applies to a clients use of Createch Digital provided services that results in any damages to the client.

General Terms

These terms & conditions may be altered or refined for certain projects and services. These refined terms will form part of the contract that is signed upon the agreement of the client to engage with Createch Digital Ltd.