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Terms and Conditions

The following terms and conditions apply to all website development / design/ Implementation/ Consultation services provided by CoveD to the client. 

Recently updated: 1st April 2020

1. 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 any use of our services implies that you have read and accepted our terms and conditions.

2. Charges

Charges for services to be provided by CoveD are defined in the project quotation that the client receives via e-mail and/or in writing. Quotations are valid for a period of 30 days. CoveD 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 twenty (20) percent or £200, whichever is greater, of the project quotation total before the work is started. The remaining eighty (80) percent, or quotation minus the £200 deposit, of the project quotation total due upon completion of the work, or after 31 days from the initial payment, whichever is sooner, prior to upload to the server or release of materials.

Payment for services is due by bank transfer. Bank details will be made available on invoices.

3. Client Review

CoveD 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 CoveD otherwise within ten (10) days of the date the materials are made available to the client.

4. Turnaround Time and Content Control

CoveD will install and publicly post or supply the client’s website by the date specified in the project proposal, or at date agreed with the client upon CoveD receiving initial payment, unless a delay is specifically requested by the client and agreed fully in writing by CoveD. Any unavoidable or unpredictable delays in the development process, CoveD will notify the client via email with an updated completion date will be supplied.

In return, the client agrees to delegate a single individual as a primary contact to aid CoveD with progressing the commission in a satisfactory and expedient manner.

During the project, CoveD will require the client to provide website content; text, images, movies and sound files etc. to populate the website, this should be submitted to CoveD no later than thirty (30) days prior to completion date agreed by the client, or immediately after  the initial invoice, whichever is latest. Late alterations and updates can cause delays and can thus incur charges, see section 5.

5. Failure to provide required website content:

CoveD is a small business, 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.

This is why we ask that you provide all the required information no later than thirty (30) days prior to completion date agreed by the client, or immediately after  the initial invoice, whichever is latest. On any occasion where progress cannot be made with your website because we have not been given the required information in the agreed time frame, and we are delayed as a result, we reserve the right to impose a surcharge of up to 25% of total invoice. If your project involves Search Engine Optimisation we need the text content for your site agreed in advance so that the SEO can be planned and completed efficiently.

If you agree to provide us with the required information and subsequently fail to do before the agreed time prior to the project completion date we reserve the right to close the project and the balance remaining becomes payable immediately. Simply put, all the above condition says is do not give us the go ahead to start until you are ready to do so.

CoveD agrees to make periodic updates to any sites commissioned and hosted by CoveD.  This is subject to a fair usage clause.  CoveD reserves the right to refuse to update websites if such requests exceed 3 hours of development time per site per annum. An advanced security patch and update service is available for purchase, keeping your site fully updated at all times, varying prices depending on site size/capacity.

NOTE: Text content should be delivered as Microsoft Word, pdf file, 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. Contact us if you need clarification on this. We will accept other formats/platforms at our own discretion this will be agreed in advance with both CoveD and client. Any submission of documents received in alternative format or on an alternative platform will not be used as an official content submission date. In short sending CoveD whats app messages are 100% unofficial and used at our discretion. 

If you are commissioning a CMS website you will be provided with a content management system so that you are able to keep your content up to date yourself. Paid for training can be arranged to help you use the software if required, Any work undertaken to resurrect client errors or changes will be fully charged at CoveD’s discretion. 

6. Payment

Invoices will be provided by CoveD 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 two(2) weeks after the date of the invoice will be assessed a service charge in the amount of, Twenty percent (20%) of the total amount due or £20 per week,  whichever is greater.

7. Additional Expenses

Client agrees to reimburse CoveD for any additional expenses necessary for the completion of the work. Examples would be purchase of special fonts, Stock photography, Plugins, Plugin subscriptions etc. CoveD will notify the client as soon as possible and payment will be required prior to the purchase of the additional required materials, if there is a late payment received this can affect the completion date. 

8. Web Browsers

HeliosWeb Design 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, Microsoft Edge, Google Chrome).  The client agrees that CoveD cannot guarantee correct functionality with all browser software across different operating systems.

CoveD cannot accept responsibility for web pages which do not display acceptably in obsolete versions or new versions of browsers released after the website has been designed and handed over to the client. As such, CoveD reserves the right to quote for any work involved in changing the website design or website code for it to work with updated or requested browser software.

CoveD strives to keep upto date on mobile web development but due to the fast paced nature of technology this isnt always possible. We develop our websites to work on the most popular mobile browsers (Google Chrome, Safari); Mobile screen up to 480 pixels wide, Tablet screen size is between 480 pixels  and 1024 pixels, Desktop screens are above 1024 pixels. The client must notify CoveD no later than initial payment date if they wish an alternative size or browser compatibility to be implemented, late submissions for this will incur charges of upto 20% of final payment due.

9. 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 on CoveD’s Web space, CoveD will, at its discretion, remove all such material from its web space. CoveD 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. Clients with accounts in default agree to pay CoveD reasonable expenses, including legal fees and costs for collection by third-party agencies, incurred by CoveD in enforcing these Terms and Conditions.

10. Termination

Termination of services by the client must be requested in a written notice or email and will be effective on receipt and acceptance of such notice. Telephone requests for termination of services will not be honoured until and unless confirmed in writing or email. The client will be invoiced, for design work completed up to the date of acceptance of cancellation, for payment in full within two (2) weeks, late charges will apply (see section 6).

11. Indemnity

All CoveD services may be used for lawful purposes only. You agree to indemnify and hold CoveD harmless and innocent from any claims resulting from your use of our services that damages you, your business or any other party.

12. Copyright

The client retains the copyright to data, files and graphic logos provided by the client, and grants CoveD 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 CoveD permission and rights for use of the same and agrees to indemnify and hold CoveD harmless 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 client to CoveD that all such permissions and authorities have been obtained. Evidence of permissions and authorities may be requested.

13. 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 (text files delivered on USB drive or via e-mail or FTP) and that all photographs and other graphics will be provided in .gif, .jpeg, .png or .tiff format. Although every reasonable attempt shall be made by CoveD 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.

14. Design Credit

A link to CoveD will 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. The client also agrees that the website developed for the client may be presented in CoveD’s portfolio and social media. If a client requests that the design credit be removed, a nominal fee of 30% of the total development charges will be applied. When total development charges are less than £500, a fixed fee of £150 will be applied. 

15. Access Requirements

If the client’s website is to be installed on a third-party server, CoveD 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.

16. Post-Placement Alterations

CoveD 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. Any work required to be undertaken to resurrect client changes will be fully charged and 75% of invoice payment is required prior to the work being undertaken, the client will be notified of a delivery date for the work, however a temporary holding page can be set up immediately after payment is received. 

17. Domain Names

CoveD can 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 by the client is not the responsibility of CoveD. The client should keep a record of the due dates for payment to ensure that payment is received in good time.

18. General

These Terms and Conditions supersede all previous representations, understandings or agreements. The client’s acceptance via email or payment of an advance fee constitutes agreement to and acceptance of these Terms and Conditions. Payment of any amount via bank transfer or online payment gateway is an acceptance of our terms and conditions.

19. Governing Law

This Agreement shall be governed by Scottish Law.

20. Liability

CoveD 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 CoveD 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.

21. 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 clause.

WEBSITE TERMS

Last updated: 1st April 2020

1.  Acceptance

If you continue to browse and use this website, you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy govern CoveD’s relationship with you in relation to this website. If you disagree with any part of these terms and conditions, please do not use our website.

The terms ‘CoveD’ or ‘us’ or ‘we’ refer to the owner of the website whose registered business is CoveD, Middle Third, Auchterarder, PH3 1NJ. The term ‘you’ or ‘client’ refers to the user or viewer of our website.

The use of this website is subject to the following general terms of use:

2. The content of the pages of this website is for your general information and use only. It is subject to change without notice.

3. Credit card details will be handled securely to ensure confidentiality

4. Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.

5. Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.

6. This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited with out permission.

All trademarks reproduced in this website, which are not the property of, or licensed to the operator, are acknowledged on the website.

7. All CoveD services may be used for lawful purposes only. You agree to indemnify and hold CoveD harmless and innocent from any claims resulting from your use of our service that damages you or any other party. Unauthorised use of this website may give rise to a claim for damages and/or be a criminal offence.

From time to time, this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).

8. Your use of this website and any dispute arising out of such use of the website is subject to the laws of Great Britain.

Payment Terms & Conditions

All monthly payments contracts are subject to the following conditions:

9. The first monthly payment is due immediately upon sign up for the services we offer.

10. The second monthly payment is due one month after your website goes live.

11. If you wish to cancel your contract within the first month a cancellation fee is required of £200 and all proprietary artwork, logo design and domain name registration will remain the sole property of CoveD. Clients with accounts in default agree to pay CoveD reasonable expenses, including legal fees and costs for collection by third-party agencies, incurred by CoveD in enforcing these Terms and Conditions.

12. After your contract has been running for a period of two (2) months (i.e. you have made 2 monthly payments or 2 calendar months have passed since first payment date) the cancellation period is reduced to zero (0) days and all proprietary artwork, logo design and domain name registration will remain the sole property of CoveD.

13. After a period of 24 months you will be eligible for a free redesign of your service and all proprietary artwork and logo design will become the sole property of you the client, allowing for the use by CoveD of such artwork and logos within its own website for promotional purposes.

14. We endeavor to respond to contact requests within 48 hours, but no liability is accepted by CoveD for any loss or injury caused by any late response.  CoveD 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 CoveD 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.

15. In addition you will be able to review the services that we are providing you and request changes and/or additions (subject to the terms above) at any time.  CoveD offers a courtesy updating service ,subject to fair usage, that being no more than 20 updates per annum.  The year running from when your website first went online. In short we will do a minimum of 5 hours of development time to keep your site up to date, a more advanced package is available to experience full updates and security patches. 

16. All prices are quoted in pounds Sterling and are exclusive of VAT.