We will always do our best to fulfil your needs and meet your goals, but it’s best to have a few things written down so that we both know what’s what, who should do what and what happens if stuff goes wrong.
In these terms and conditions you won’t find complicated legal terms or long passages of unreadable text. We do want what’s best for the welfare of both parties, now and in the future. By purchasing services from WE CAN CREATIVE LTD you are agreeing to the following:
You are hiring us WE CAN CREATIVE LTD located at 13 Everard Road, Bedford, Bedfordshire MK41 9LD to carry out services requested for the price agreed in our previous correspondence.
At the time of estimation, WE CAN CREATIVE LTD will provide the client with a written estimate or quotation. By accepting the estimate or quotation the customer is agreeing to the Terms & Conditions set out herein. If circumstances change that effect WE CAN CREATIVE LTD’s ability to complete the project for the cost estimated, the client will be notified before any additional work is completed.
Provision of Materials
The client agrees to provide us with the specific copy, images and information we require in order to complete the work, or to advise us as to where we can locate such materials. WE CAN CREATIVE LTD accept no responsibility for your work not being completed by a specific date if we are unable to secure necessary and/or suitable information and/or materials from you.
If you cannot supply the information you wish to feature in your product, we will do what we can to obtain it, but we accept no responsibility for errors, omissions or discrepancies which may be present on the final product. The time taken to compile the data, as well as any time required to correct errors, omissions or discrepancies which have arisen through your not providing us with adequate materials, will be charged at our standard rate. We accept no responsibility for the delay caused in providing you with the final work as a result of your supplying us with insufficient or unsuitable materials.
Where you supply or specify materials, we will take every care to secure the best results in the finished product, but we accept no responsibility for imperfect work caused by defects in or unsuitability of materials so supplied or specified.
Print Proof Agreement
If WE CAN CREATIVE LTD has provided you with a proof, your signing this agreement confirms that you agree to the design and contents of the printed document as depicted on the proof. By signing this agreement, you absolve WE CAN CREATIVE LTD of all liability for any errors, omissions or discrepancies which may be present on the proof. Once you have signed this agreement and proof if supplied, you are not able to make any changes to the final product, nor are you able to hold WE CAN CREATIVE LTD responsible for anything you are unhappy with. By agreeing to these terms and conditions you revoke your right to take any kind of action against WE CAN CREATIVE LTD for any aspect of the work with which you are later dissatisfied. By agreeing to these terms and conditions it means that as long as the finished product is consistent with the proof, you must pay in full for the work. These terms are final and non-negotiable.
Making Changes After Proof Stage (Print Only)
If a change is requested, we will do everything we can to make the correction before the printing starts, but we cannot guarantee this. We accept no responsibility, under any circumstances, for any mistakes present on the completed work, as the signing-off of a proof absolves us of all liability (see “Proof Agreement” above). Once the proof is signed off or agreed, whether verbally or via email, Any additional costs as a result of late changes will be passed onto you as part of the total charge.
Print Quality (Print Only)
Every effort will be made to obtain the best possible colour reproduction on customer’s work but because of the nature of the processes involved, WE CAN CREATIVE LTD cannot guarantee an exact match in colour or texture between any materials that you may have supplied us, and the printed article.
Quantity Supplied (Print Only)
Every effort is made to produce the exact quantity of items ordered. However, some variation is inherent in the print process and so you accept that minor variations in quantity are possible. These do not affect the price charged.
Claims (Print Only)
Advice of damage, delay or partial loss of goods in transit or of non-delivery must be given in writing to WE CAN CREATIVE LTD within three clear days of delivery (or, in the case of non-delivery, within 28 days of dispatch of the goods) and any claim in respect thereof must be made in writing to WE CAN CREATIVE LTD and the carrier within seven clear days of delivery (or, in the case of non-delivery, within 42 days of dispatch). All other claims must be made in writing to WE CAN CREATIVE LTD within 28 days of delivery. WE CAN CREATIVE LTD shall not be liable in respect of any claim unless the aforementioned requirements have been complied with except in any particular case where the customer proves that (i) it was not possible to comply with the requirements and (ii) advice (where required) was given and the claim made as soon as reasonably possible.
Standing Material (Print Only)
All materials (including but not limited to film, plates, negatives and positives) produced and used by WE CAN CREATIVE LTD during the production process remain the property of WE CAN CREATIVE LTD. Where these materials are provided by the client, they remain the property of the client. WE CAN CREATIVE LTD reserves the right to dispose of lithographic work immediately after the order is executed unless written arrangements are made to the contrary. In the latter event, rent may be charged for the safekeeping of the materials.
Payment Terms (Print)
You agree to pay a deposit of 50% of the final bill upon ordering any print, and to pay the outstanding balance on delivery of the completed work. You also agree to adhere to any extra terms stated on the invoice. All deposit payments are non-refundable.
Website Updates & Site Maintenance
These are charged at our standard rate per hour (or part thereof). If you want to introduce new material in the form of extra pages, additional functions, or more information than is already available on your site, this must be paid for as a new job or hours taken from a prepaid package if you have this account with us.
Whilst we will do our very best to help, the Internet is something that is constantly evolving and we can’t guarantee that our code will work unsupported indefinitely. All work is guaranteed for a period of 60 days from completion or 30 days from go live, whichever is sooner (unless detailed otherwise in your project specification). After this point any future requests, software patches or code changes will become chargeable.
In the event that no sign off document has been completed then code will be warrantied, up until 30 days after the due date of the relevant invoice.
If your project is hosted or managed by us: We will always investigate a potential fault with a project outside of the warranty period free of charge (unless we’ve handed over Administrative CMS access to you or a third party under your written or email instruction, under which case an initial charge of £60 + VAT will be applied to your account to investigate the problem ) We will then quote you for any necessary updates as required.
If you host your site or application with a 3rd party: An initial charge of £60 + VAT will be applied to your account to investigate the problem, which will include the first hour’s labour.
Any support request which requires a software patch, received after a project is completed/live will be subject to a minimum charge of £60 + VAT which includes the first hour of labour.
Please note that support requests are only dealt with during normal office hours which are currently 8:30am – 5:30pm Monday / Friday unless an out of hours support agreement has been put in place – this is something we can offer.
Hosting for websites can involve a range of charges. These will be set out to the client before start of a project. No clients or third parties will be granted FTP (File Transfer Protocol) access to our servers or any of our affiliates without prior agreement, after which point we assume no responsibility for the website. Where a CMS (Content Management System) license and functionality is purchased, hosting is charged per annum.
WE CAN CREATIVE LTD take no responsibility for any loss (including loss of business) through non-retrieval of emails, bounced messages or undelivered electronic mail. WE CAN CREATIVE LTD take no responsibility for the content of emails including attachments and viruses (or your partner finding out any dodgy websites you may have visited).
WE CAN CREATIVE LTD will not be liable for any losses arising from network interruptions or downtime arising from matters beyond our control.
Domain name of the client’s choice (subject to availability) can be provided at the time as part of our hosting package for a purchase charge set out at the time by WE CAN CREATIVE LTD. This cannot be a domain name already registered with another provider, but must be an additional one in such cases. All outstanding payment is due before a site goes live on the domain name. It is not WE CAN CREATIVE LTD’s responsibility if there is a delay in the transfer of a domain name held with another provider, and this will not be accepted as a reason to delay payment in full of all outstanding monies.
Any systems, including eCommerce, bespoke systems and Content Management Systems (CMS), provided to the client remain the intellectual property of WE CAN CREATIVE LTD and as such no access is given to the source code or database. Systems cannot be transferred away from our provided hosting solution.
E-commerce/CMS systems will be provided as an empty shop/site, and training will be given to the client on using the system (in the form of a set of instructions). A delay in the client populating the e-shop/site will not be accepted as a reason for delayed payment as, once it is ready to be populated and training has been given, WE CAN CREATIVE LTD’s job is done. WE CAN CREATIVE LTD offers a service to populate the client’s shop site/CMS on their behalf, and prices are available on request for this service. Additional training and support packages are available, and again the prices for these services are available on request.
HTML5 and CSS layout templates
If the project includes HTML markup and CSS templates, we’ll develop these using HTML5 and CSS for styling. The landscape of web browsers and devices changes regularly and our approach is to look forward, not back. With that in mind we will test all our markup and CSS in current versions of all major desktop browsers to ensure that we make the most from them. Users of older or less capable browsers or devices will experience a design that is appropriate to the capabilities of their software. We will also test that these templates perform well on Apple’s iPad. Details of supported browsers will be detailed in your Project Specification Document or Sales Order.
All of our projects follow a standard workflow and your input will be required throughout each stage, with a sign off procedure on the completion of each one. Only once a milestone is completed will we move onto the next stage of your project. If for any reason we need to revisit a previous milestone to make any amendments once that section is signed off as complete, then this will be charged as extra at our standard hourly rate. The rates at the start of any project are valid for 12 calendar months from the time the Sales Order is agreed.
WE CAN CREATIVE LIMITED will use reasonable skill and care to carry out our services in accordance with any dates or time period estimated in our estimate or quotation. These dates and time periods are intended for planning purposes only and are not contractually binding.
WE CAN CREATIVE LTD warrants that it will use reasonable skill and care in provision of its deliverables and services. WE CAN CREATIVE agrees that all of its websites/bespoke software solutions provided to clients insofar as there are any faults or bugs which are notified to WE CAN CREATIVE LIMITED within the warranty period as described above, will be rectified/replaced within a reasonable period of time.
The client acknowledges that it is the client’s responsibility to ensure that the facilities and functions of the Licensed Materials meet the client’s requirements.
If a problem is found upon investigation not to be WE CAN CREATIVE LTD’s responsibility, WE CAN CREATIVE LTD may charge the client immediately for all reasonable costs and expenses incurred by WE CAN CREATIVE LTD in the course of or in consequence of such investigation.
Once a client has agreed the look and feel proof for the website and instructed WE CAN CREATIVE LTD to proceed to build, any subsequent changes in style or design requested by the client will be charged for at the appropriate hourly rate.
Once a complete website, or changes to a website are made live on the website on the clients instruction, it is deemed that the site and/or the content of the site have been approved and the work is therefore completed.
Clients have a period of 14 days in which to revert back any further changes and corrections after which WE CAN CREATIVE LTD reserve the right to make additional charges for further work.
We accept that certain details regarding your business, such as telephone numbers and email addresses sometimes change, and that the details placed in a proof are liable to change. To this end we will amend smaller details such as these as part of our construction package. Photographs can be replaced under this agreement too (like for like regarding pixel size), but images can never be removed or new ones added. This policy applies throughout your contract with WE CAN CREATIVE LTD: Larger changes, such as the creation of a new page or introduction of a new feature on your site, or the sourcing of images are not covered by this policy and must be paid for.
Copyright and Trademarks
Unless negotiated and agreed in writing, the copyrights of general artwork, commissioned artwork, illustrations, website design, programming and copy belong to WE CAN CREATIVE LTD.
If you supply us with material, it is your responsibility to obtain all necessary copyrights for its use, and we assume that you possess these. In such cases, the copyright belongs to you. By agreeing to these terms and conditions, you agree to indemnify WE CAN CREATIVE LTD from any claim which arises regarding the use of material with which you supply us. We reserve the right to use any artwork or printing we produce for the purposes of promoting our services unless you request otherwise in writing.
We are sure you understand how important it is as a business that you pay the invoices that we send you within our standard terms. As we’re also sure you’ll want to stay friends, you agree to stick tight to the dates set out on the invoice.
All goods shall remain the property of WE CAN CREATIVE LTD until payment is received in full. If part payment has been received or retainer instalments all work up until the period paid for will be yours, and any work carried out and not yet paid for as part of a prior Sales Agreement or Retainer Agreement shall remain property of WE CAN CREATIVE LTD.
WE CAN CREATIVE LTD reserves the right to suspend products and/or services in the event of non-payment within the specified terms.
We understand and will exercise our statutory right to claim interest and compensation for debt recovery costs under the late payment legislation if we are not paid to agreed credit terms.
We exercise our right to enforce our terms that all payments to WE CAN CREATIVE LTD are non refundable.
Either party can cancel a contract at any time providing that any minimum time period has been covered from the initial documentation, and by giving a minimum of 30 days notice in writing (unless another time period is specified in your existing contract).
If you’re cancelling a domain name, hosting, development retainer, support contract and/or any service which is billed on a regular basis, please note your account must be paid in full before we will supply you with any files, code and/or domain names. NOTE if your hosting contract has a SSL then we require that the certificate be paid up until the renewal date, even if the hosting account is terminated before this point.
We understand you’re very busy whilst trying to do your normal day job and provide us with the information we need to complete your project. If a project is delayed for any reason beyond 30 days, we will invoice you up until the nearest project milestone which will be due immediately. When the project is ready to resume, we will generate the final invoice for the total amount, which will be due immediately. Once full payment is received then we will reissue you with a new start date before restarting the project or any further requests.
As stated above, any timescales provided by WE CAN CREATIVE LIMITED are estimates only. We make every reasonable effort to complete the project in a timely manner and within any time estimate provided. However, it is not always possible to foresee what period of time will be required to complete the project and time shall not be of the essence.
WE CAN CREATIVE LIMITED will use reasonable skill and care to keep you updated on project timescales and inform you of changes to expected completion dates as soon as possible.
All estimates for work are valid for thirty (30) days, after which time all proposed work will have to be re-quoted. We take no responsibility for a re-quoted price differing from an original quote.
WE CAN CREATIVE LTD reserves the right not to print any matter deemed illegal, libellous or offensive, or which may be an infringement of the proprietary or other rights of any third party. This agreement indemnifies us in respect of any claims, costs and expenses arising out of any libellous matter or any infringement of copyright, patent, and design or of any other proprietary or personal rights contained in any material printed for the customer. The indemnity shall extend to any amounts paid on a lawyer’s advice in settlement of any claim.
Consequential and Financial Loss
WE CAN CREATIVE LTD shall not be liable for any loss of profit, loss of business, loss of goodwill, or any other indirect or consequential loss whatsoever or howsoever arising for any services provided under these terms and conditions whether in contract, tort (including negligence), statute or otherwise, save that nothing in these terms and conditions shall limited our liability in respect of death or personal injury.
WE CAN CREATIVE LTD accept no responsibility if we are unable to carry out any provision of the contract for any reason beyond our control including (without limiting the foregoing) Act of God, legislation, war, fire, flood, drought, failure of power supply, lock-out, strike or other action taken by employees in contemplation or furtherance of a dispute or owing to any inability to procure materials required for the performance of the contract. During the continuance of such a contingency you may, by written notice to WE CAN CREATIVE LTD, elect to terminate the contract and pay for work done and materials used, but subject thereto shall otherwise accept delivery when available.
WE CAN CREATIVE LTD shall not be liable for any loss to the customer arising from delay in transit caused by circumstances beyond WE CAN CREATIVE LTD’s control.
The invoice we send you will be itemised, showing the cost of the design and research process, as well as the production itself. VAT is charged at the current Customs & Excise rates and according to current regulations, irrespective of whether or not it is included in a price quotation.
Any prices quoted are valid for a period of 30 days unless otherwise specified. As with any business our rates could increase and after 30 days we would re-quote with the current rate at the time.
Jobs Put On Hold or Cancelled by the Client
Jobs put on hold or cancelled by the client during production will be invoiced at our full hourly rate based on the number of hours worked and our outlay on materials. This applies irrespective of any package agreements which have been signed, as package discounts only apply if a job is brought to completion. The invoice we issue must be paid in full together with any VAT that falls due accordingly.
For invoices not settled within the agreed credit terms of 30 days from invoice date, we reserve the right to charge interest on the overdue debt at 8% above the Current Official Bank Rate during the period owed as set by The Bank Of England per day entered into. Plus an administration fee per debt per point of contact within a business (30 minutes charged every 7 days beginning the day the invoice becomes overdue, charged at our current hourly rate at the time) to cover the debt recovery costs.
Any customer ceasing to pay their debts in the ordinary course of business or proving unable to pay their debts as they become due or, being, a company, is deemed to be unable to pay its debts, or has a winding-up petition issued against it or, being a person, commits an act of bankruptcy or has a bankruptcy petition issued against it, WE CAN CREATIVE LTD, without prejudice to other remedies, shall (i) have the right not to proceed further with the contract or any other work for the customer and be entitled to charge for work already carried out (whether completed or not) and materials purchased for the customer, such charge to be an immediate debt due to it, and (ii) in respect of all unpaid debts due from the customer, have a general lien on all goods and property in its possession (whether worked on or not) and shall be entitled on the expiration of 14 days” notice to dispose of such goods or property in such manner and at such price as we think fit and to apply the proceeds towards such debts.
Breach of data
We will send a notification out within 72 hours of first becoming aware of any kind of breach. Whether we act as a ‘Data processor’ or a ‘data controller’ we will notify the client immediately after first becoming aware of a data breach.
Regarding sites that are hosting with us: We reserve the right to take down a site that has been hacked if the hack has not been fixed / the client has not responded promptly in order to protect our other clients’ sites that may be hosted on the same server. This will only ever be carried out under extreme circumstances and the client will be notified via email before it is actioned.
We install the free version of Wordfence on all WordPress sites that we build (as part of our go live protocol). This should notify us / allow the client to review the security of their site and spot any breaches asap. Please click here to read more about this plugin: https://wordpress.org/plugins/wordfence/
Keeping your site up to date
Once a client’s site has been built and is live, it is their responsibility to maintain the site from that point forward. It is important that the website is maintained regularly as failure to do so may lead to reduced security for the site. The only exception is if the client has taken out a monthly maintenance package with We Can Creative. In this instance it is our responsibility to keep the site up-to-date according to the terms agreed in the maintenance package.
Website Ownership & GDPR compliance
Once a website is live, it is the responsibility of the client to ensure it remains GDPR compliant. We Can Creative are not responsible for ensuring compliance, but will help all clients with any extra functionality they require upon request (these will be quoted at our standard hourly rate).
The Terms and Conditions may be changed from time to time at the discretion of WE CAN CREATIVE LTD. The client understands that any change to the T&Cs by WE CAN CREATIVE LTD shall not be grounds for non-payment. It is the client’s responsibility to check the website regularly to see the most up-to-date T&Cs.