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General Terms and Conditions

Last updated: 1 March 2017

Some rules to our game

All our quotes are valid for 30 days, unless otherwise stated. Furthermore, our quotes are free of charge, and put you under no obligation to accept. To accept a quote, please provide acceptance by clicking on the acceptance link sent with the quote.

By accepting a quote, it is taken that you have agreed to the terms and conditions as set out here.

Pricing, payment and costs

All of our development work requires a 50% upfront payment before work can commence. If a project is cancelled, the deposit can be paid back in full, only if no work has commenced on the project. If work has started by Carter & Prince, the deposit will be paid back excluding the pro rata hourly amount, as spent on work so far. In the event of the project being cancelled after work has been completed up to the first revert stage, the full amount will be charged for work done to date. If the 50% payment has been done by the client it is deemed that these terms and conditions have been read and agreed to.

No website will be published until the full payment has been received. We reserve the right to remove the website from the web if these terms are breached.

In cases where the information that is needed from the client to complete the site to live stage, is not supplied, 80% of the invoice will be applied and billed. The remaining 20% will be billed when the final information is received.

Website content

All copy, text, word documents, images, videos, pictures, graphs or any digital material must be provided electronically, either via email or via WeTransfer or Dropbox.

Any additional copy, editing, design, or changes that are required above what was supplied and agreed upon in the quote, will be charged for at an hourly rate (at a minimum of 15 minute intervals), and will have to be quoted for and approved separately.

No changes will be accepted telephonically – only via email.

Carter & Prince does not take responsibility for any typos or spelling errors in published work. It is the client’s responsibility to proofread and approve all copy before it is supplied to us.

Carter & Prince will not be held liable for any costs, compensation or loss of earnings incurred due to failure to meet the agreed upon terms and conditions. All work remains the property of Carter & Prince until payment is received in full.

Copyright

We, nor any of our staff, will be held responsible for any copyright infringements on artwork, written copy, images, logos or anything as supplied by the client.

Timelines

Timelines are affected by change requests, reverts and the receiving of content – timelines will be adjusted accordingly as factors affect the project outcome.

In order for work to commence, the client agrees to provide Carter & Prince with the required material (images, copy, logos, contact details, social media details) as soon as possible, in order for us to complete the project to the required standards and agreements.

If a client does not respond, or hold up the design process for more than 25 days, the client will be billed according to work completed to date. An invoice will be sent, and upon payment, work can continue.

Design revisions

Carter & Prince allows for between 3 to 5 reverts of a desing, development or artwork. Major changes can be made on round 1 and 2, but from round 3 only small changes will be accepted. This is to allow changes and progress to continue in the right direction, with the guidance of the client in mind, without losing focus of the task at hand.

Web design

Although every effort is made to ensure all code, programs, scripts and web design elements are error free, Carter & Prince does not accept responsibility for any losses incurred due to malfunction of the website, or any other part of it. The customer is ultimately responsible to ensure all software is functioning correctly before use.

All website design, functionality and feature requirements must be agreed upon during the quoting process. Anything not included and agreed upon during the quoting process, will be charged for at an hourly rate, and quoted separately – this includes, additional design, additional website pages, product additions, or website functionality.

Most of our web design work is done in WordPress, a platform that is continuously being improved and requires regular updating. In order to ensure that your website is functioning correctly, a nominal annual fee will be included in your initial quote to ensure a 15 minutes per month check-up for any updates required.

The client is granted 30 days upon completion of the website to check for any problems or bugs. These fixes will not be charged for within the first 30 days. After 30 days have passed, any change, or fix requirements will be quoted on and charged, separately at an hourly rate.

Website hosting

All of our hosting is done with our preferred hosting company, that is best suited to your business. If requested, hosting will be included within the initial quote, as will be stated as a line item, for a one year (12 month) period.

After 12 months have passed, it is the client’s responsibility to take over hosting of the domain as well as server, and request website switching with the service provider of their choice.

In the event where the client does not wish to host the website and URL themselves, an invoice will be made out to the client annually for renewal. Failure to pay the invoice on the renewal date will result in the cancellation of the website, its URL and absolution from website storage responsibility by Carter & Prince. Failure to pay invoice will result in a penalty fee being charged.

An email reminder will be sent one calendar month before the hosting period has transpired as to remind the client to do so, or to request an invoice for renewal.

Carter & Prince does not take responsibility for any server downtime, and will endeavour to work closely with its preferred hosting supplier, in order to ensure up time as much as possible.

Carter & Prince is not obliged to refund any monies in respect of hosting for part of any annual arrangement

If the client does not wish to host with Carter & Prince, it is the client’s responsibility to ensure that the chosen hosting provider caters for any new website requirements. Costs to do so, are that of the client’s.

We will not be held responsible for any costs incurred, compensation or loss of earnings due to hosting issues if you do not choose to host with our recommended provider. We also reserve the right to charge you for any time spent fixing hosting issues for sites not hosted with us.

Website security

All websites hosted by Carter & Prince are backed up on server level. Carter & Prince is not responsible for any backup fails.

Websites not hosted with Carter & Prince will not be backed up on server level.

Hosting and email support

On request, domains hosted by Carter & Prince, can have their emails managed through us as well, as to ensure ease of access and service level agreements.

Carter & Prince cannot accept liability for losses caused by the unavailability, malfunction or interruption of this service, or for loss of turnover, sales, revenue, profits or indirect, consequential or special loss.

Our email service includes creating email accounts and sending you the setup information. We can also help with the initial setup of the account on your computer, using your preferred email program (ie: Microsoft Outlook).

Carter &Prince cannot help with issues not directly related to your hosting and email accounts. This includes issues regarding your internet connection and your computer’s software. We also reserve the right to charge you for any time spent fixing email issues.

Search Engine Optimisation

The order in which websites are ranked in the natural search results is controlled by the search engines. While your site can be optimised for this, no guarantees can be made about the success of any search engine promotion activity. Should you wish for a third party to work on your website for SEO purposes, Carter & Prince will not be liable for any detrimental effects to the performance of the website.

If the client wishes for Carter & Prince to do any SEO, this will be quoted for separately, at an hourly, monthly rate.

Any Search Engine Advertising or management will be quoted for separately, at an hourly rate.

Artwork Files

If requested, Carter & Prince will (at its discretion) provide the client with end-artwork in its final form (e.g. print-ready PDF; DVD master; outlined EPS file etc.). However Carter & Prince does not by default (and without further charge) provide clients with original artwork or HTML code (for example an InDesign file, layered Photoshop file or HTML source file) or any working or development files, rejected concepts and designs, images or documents generated throughout the project. Ownership and copyright of all unused or rejected files, documents and designs will reside with Carter & Prince for non-exclusive future use.

No image requests will be accepted on Word documents, nor embedded into an email.

Copyright

Carter & Prince asserts its copyright over work created for the client; such rights as Carter & Prince has will be transferred to the client upon complete and final payment for the work. Carter & Prince retains moral rights to the work, meaning that we assert the right of attribution, the right to the integrity of the work, the right to credit the work and the right to have the work published in any format or media for the purpose of promotion of Carter & Prince. For all web related projects, unless specifically stated, the client will retain 100% ownership of the web page design only (ownership is not applicable to proprietary software and programs or source code, such as databases, e-commerce and/or content management systems, web application source code or flash files/animations), only if the bill is settled in full.

Copyright of Content

Usage fees and copyright clearance of print and website content are the sole responsibility of the client. Should any legal issues arise from the content or copyright of any assets supplied by the client or Carter & Prince, they will be the sole responsibility of the client.

Communication

It is the responsibility of you the client to notify us of any changes to your contact details, primarily email address and telephone number. Failure to notify us of any such changes may result in a miscommunication in which case Carter & Prince will not be held responsible for losses caused by the unavailability or malfunction of the method of contact, or for loss of turnover, sales, revenue, profits or indirect, consequential or special loss.

Data Protection

Our client information is stored under password protection. Under no circumstance will we share your information with third parties other than those involved in the project.

Browser Compatibility

Carter & Prince will endeavour to ensure that our websites are standards-compliant, displaying and functioning correctly on standards-compliant desktop browsers (e.g. Internet Explorer 9+ and the latest versions of Safari, Firefox, Chrome and Opera) and standards-compliant native mobile browsers for iOS and Android. However this does not mean that the site will render identically in the desktop or mobile browsers mentioned above and the client is responsible to ensure that any websites display correctly on the different desktop and mobile browsers mentioned above. Compatibility with other desktop or mobile browsers must be agreed as part of the contract prior to work commencing.

Severance

If any provision (or part thereof) of this agreement is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal or enforceable. If such modification is not possible, the relevant provision (or part thereof) shall be deemed deleted. Any modification or deletion under this clause shall not affect the validity and enforceability of the rest of this agreement.

Complaints Procedure

We hope you are happy with our service, but if not, please raise the matter in writing or by email, outlining the grounds for complaint. We will respond to the complaint within 7 days.

By accepting a quote from Carter & Prince, you agree to the terms and conditions stated here.