1. Acceptance1.1 It is not necessary for any Client to have signed an acceptance of these terms and conditions for them to apply.
1.1.1 If a Client accepts a proposal, then the Client will be deemed to have satisfied themselves as to the terms applying and have accepted these terms and conditions in full.
1.1.2 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.1.2 Before any work is carried out on your behalf your approval to proceed is required.
1.2.1 Payment of your deposit or initial invoice will be deemed to be your authorisation to proceed if funds have been requested at this stage.
1.2.2 If not, such approval must be given in written form – by email
1.2.3 No work will commence until such time as we have received authorisation.
2. Prices & Payment2.1 Prices for services to be provided by Passion4Social are defined in the project quotation that the Client receives via e-mail.
2.1.1 Quotations are valid for a period of 30 days, unless otherwise agreed in writing.
2.1.2 Passion4Social reserves the right to alter or decline to provide a quotation after expiry of the 30 days.2.2 Unless agreed otherwise with the Client, all website design and development services require an advance payment of 50% of the project quotation total on project commencement.
2.2.1 A second payment of 50% is required upon completion of the work, prior to upload to the server or release of materials.2.3 Unless agreed otherwise with the Client, fees for hosting services are payable annually in advance for the entire term of agreement 2.4 Payment for services is due by bank transfer.
2.4.1 Bank details are available on invoices.
2.4.2 Passion4Social’s standard payment terms are 14 days from the date of invoice.
2.4.3 Invoices are normally sent via email; however, the Client may choose to receive hard copy invoices.
2.4.4 Accounts that remain unpaid 15 days after the date of the invoice will be assessed a service charge in the amount of the higher of five percent (5%) or £30 of the total amount due every seven days.
2.4.5 The Client agrees to reimburse Passion4Social for any additional expenses necessary for the completion of the work. Examples would be purchase of special fonts, stock photography, printing services etc.
3. Turnaround Times3.1 Passion4Social will install and publicly post or supply the Client’s website by the date specified in the project proposal, or at the date agreed with the Client upon Passion4Social receiving initial payment, unless a delay is specifically requested by the Client and agreed by Passion4Social. 3.2 In return, the Client agrees to delegate a single individual as a primary contact to aid Passion4Social with progressing the commission in a satisfactory and expedient manner.
4. Web-Design & Development Services4.1 Passion4Social are expert at designing websites to perform well with search engines and will liaise with clients in trying to achieve high rankings for the appropriate keyword phrases.
4.1.1 Unless otherwise stipulated, Passion4Social will not accept responsibility for ensuring that a client’s website is catalogued or ranked highly by any search engine.
4.1.2 Passion4Social can supply a price for SEO work either in the initial project quotation, or upon request by the client.4.2 Passion4Social cannot guarantee the appearance of any website it designs will not alter within the confines of non-specified browsers or monitor dimensions 4.3 Passion4Social will supply the client with all login information pertaining to the client’s site 4.4 After work on the client’s website has been ceased, Passion4Social will not be held responsible for the maintenance, monitoring or upkeep of said site unless otherwise agreed in writing 4.5 If payment for design or development services is not received within the agreed time period, Passion4Social reserves the right to remove any unpaid-for content from the client’s website 4.6 Unless otherwise stipulated in writing, it is the client’s sole responsibility to ensure payment (monthly or annual) for the domain name and web-space associated with their site 4.7 Although Passion4Social may sometimes offer the set-up of mailboxes as part of its website publishing service, it cannot be held responsible for any problems that occur as a result of the client’s own email software or set up
5. Content for Web Design & Development Services5.1 Passion4Social 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. Therefore, we ask that you provide all the required information in advance.
5.1.1 Passion4Social will require the Client to provide the content needed that is not part of the service provided: text, images, movies and sound files.
5.1.2 If you agree to provide us with the required information and subsequently fail to do so within the agreed timeframe, 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.
5.1.3 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. Contact us if you need clarification on this.5.2 Using the content management systems we integrate; Passion4Social will provide a website manual should the Client wish to keep their content up to date themselves.
5.2.1 We do however provide training, on-going support, hosting and maintenance if required. Contact us to find out more regarding this set of services.
6. Web Browsers6.1 Passion4Social makes every effort to ensure websites designed are responsive. Websites are designed to work with the most popular current browsers (e.g. Firefox, Internet Explorer 8 & 9, Google Chrome, etc.).
6.1.1 The Client agrees that Passion4Social cannot guarantee correct functionality with all browser software across different operating systems.
6.1.2 Passion4Social cannot accept responsibility for web pages which do not display acceptably in new versions of browsers released after the website has been designed and handed over to the Client.
6.1.3 As such, Passion4Social 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.
7. Hosting7.1 For website design and development services, if the Client has made alternative arrangements for their website to be installed on a third-party server, Passion4Social must be granted temporary read/write access to the Client’s storage directories which must be accessible via FTP.
7.1.1 Depending on the specific nature of the project, other resources might also need to be configured on the server.
7.1.2 Passion4Social takes no responsibility for any website hosted on a server it does not manage or charge for.
7.1.3 Once a website design and/or development project has been completed and if the website is hosted elsewhere, any issues Passion4Social is asked to attend to, will be billable.7.2 Passion4Social offers hosting services using third-party providers and is subject to requirements set out in these terms and conditions and any other relevant terms and conditions, policies and notices which may be applicable to the supply of hosting services.
7.2.1 We will work with the provider to ensure that the service is reliable and that any website downtime is minimised.
7.2.2 However, no website server is perfect, and we can’t guarantee that there won’t be occasions when your website will not be available online.
7.2.3 We are not liable for any such downtime that your website may experience, regardless of the cause.
7.2.4 Upon request, Passion4Social will give the client the details needed to the server to access only the Client’s website7.3 The Client acknowledges and agrees that Passion4Social has no control over the availability of the website on a continuous or uninterrupted basis, and that we assume no liability to you or any other party with regard thereto. 7.4 Passion4Social will include SSL certificates for website hosting. An SSL certificate will ensure the Client is taking steps to becoming GDPR compliant
7.4.1 SSL certificates can also be purchased as a separate item through us and we will install and support this.7.5 Passion4Social offer no refunds if the Client cancels the hosting service with Passion4Social during the Client’s current annual billing period.
8. Indemnity8.1 All Passion4Social services may be used for lawful purposes only.
8.1.1 You agree to indemnify and hold Passion4Social harmless from any claims resulting from your use of our service that damages you or any other party.
9. Copyright9.1 The Client retains the copyright to data, files and graphic logos provided by the Client, and grants Passion4Social the rights to publish and use such material.
9.1.1 The Client must obtain permission and rights to use any information or files that are copyrighted by a third party.
9.1.2 The Client is further responsible for granting Passion4Social permission and rights for use of the same and agrees to indemnify and hold harmless Passion4Social from any and all claims resulting from the Client’s negligence or inability to obtain proper copyright permissions.
9.1.3 A contract for website design and/or placement shall be regarded as a guarantee by the Client to Passion4Social that all such permissions and authorities have been obtained. Evidence of permissions and authorities may be requested.
10. Design Credit10.1 A link to Passion4Social may appear in either small type or by a small graphic at the bottom of the Client’s website.
10.1.1 If a graphic is used, it will be designed to fit in with the overall site design.
10.1.2 The Client also agrees that the website developed for the Client may be presented in Passion4Social’s portfolio.
11. Post-Placement Alterations11.1 Passion4Social cannot accept responsibility for any alterations caused by a third party occurring to the Client’s pages once installed.
11.1.1 Such alterations include, but are not limited to additions, modifications or deletions.
12. Domain Names12.1 Passion4Social may purchase domain names on behalf of the Client. Payment and renewal of those domain names is the responsibility of the Client.
12.1.1 The loss, cancellation or otherwise of the domain brought about by non or late payment is not the responsibility of Passion4Social.
12.1.2 The Client should keep a record of the due dates for payment to ensure that payment is received in good time.
13. Default & Termination13.1 Accounts unpaid 15 days after the date of invoice will be considered in default.
13.1.1 If the Client in default maintains any information or files on Passion4Social Web space, Passion4Social will, at its discretion, remove all such material from its web space.
13.1.2 Passion4Social is not responsible for any loss of data incurred due to the removal of the service.
13.1.3 Removal of such material does not relieve the Client of the obligation to pay any outstanding charges assessed to the Client’s account.
13.1.4 Clients with accounts in default agree to pay Passion4Social reasonable expenses, including legal fees and costs for collection by third-party agencies, incurred by Passion4Social in enforcing these Terms and Conditions.13.2 Termination of services by the Client must be requested in a written notice and will be effective on receipt of such notice. Telephone requests for termination of services will not be honoured until and unless confirmed in writing.
13.2.1 The Client will be invoiced for work completed to the date of first notice of cancellation for payment in full within 14 days.
13.2.2 If services are terminated by the client, the client shall advise Passion4Social as to the disposition of any client files and content that is stored as part of the service.
13.2.3. Subject to payment of a reasonable service charge not to exceed one month’s fee for the service, Passion4Socialshall arrange for transfer in electronic format of such data to the client no later than fourteen (14) days after termination of the service, after which client data shall be deleted by Passion4Social.
13.2.4. In the event, no disposition instructions are provided, or payment of the service charge is not made, or if Passion4Social terminates the service pursuant to clause 13.11, or the client terminates in breach of these Terms and Conditions, Passion4Social may delete irretrievably any client data on termination or at any time following termination.
14. General14.1 These Terms and Conditions supersede all previous representations, understandings or agreements.
15. Governing Law15.1 This Agreement shall be governed by Scottish Law.
16. Liability16.1 Protections are in place to guard against an attack on your website by a hacker or someone with malicious intent, but we cannot and do not guarantee that those protections will be 100% effective at preventing damage from an attack.
16.1.1 If damages do occur as a result of such an attack, we will make a reasonable effort to restore the site to an undamaged state.
16.1.2 Please be aware, if Passion4Social are providing a hosting service to the Client, we keep regular backups of the website; however, you should always keep a separate copy of any text, photos, videos or other media that are posted on the website.
16.1.3 We are not liable for any lost information or media as a result of damage to the website, regardless of the cause.
16.1.5 In the case of a security breach it is possible that that data could be exposed. We are not liable to you or any third party for damages, including lost profits, lost savings or other incidental, consequential, special, or punitive damages arising from any exposure of personal, identifying, or financial data of users of the website, regardless of the cause.
17. Disclaimer17.1 Our client’s best interests are of paramount importance and will always be borne in mind.
17.1.1 However, we shall not be liable or responsible for any loss incurred including, but not limited to, loss of profits, loss of business, loss of contract, damage to Company brand or image under any circumstances whether as a result of the Clients’ website being down, social media updates, news articles, imagery, video, website, emails sent or any other service provided on your behalf or on behalf of the company.
17.1.2 Passion4Social hereby excludes itself, its directors, 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 a web site/service
- Loss or damage to clients’ artwork/photos, supplied for the site. Immaterial whether the loss or damage results from negligence or otherwise
18. Severability18.1 In the event that any one or more of the provisions of this Agreement is found 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.
18.1.1 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.