Fresh Development
Fresh Development
22 Snowshill Crescent, Blackpool, Lancashire, FY5 3JD
Telephone: 01253 856699 Facsimile: 08717 145999
Email: contact@freshdevelopment.co.uk
www.freshdevelopment.co.uk
Terms and Conditions
This document is to be viewed by all involved parties as a binding and insoluble contract in agreement to the terms stated below. By signing the agreement presented to you, you authorise Fresh Development to proceed with the creation of the product as discussed and confirmed on the order form.
Office Hours
Fresh Developments office hours are 9am - 5.00pm, Monday to Friday. Telephone calls received out of hours will be diverted to our answering machine and dealt with on the next working day. Where staff mobile telephone numbers are provided, we ask that you exercise discretion when calling out of hours and only call in emergencies, as in some cases these are also the staff's personal telephones. We appreciate your understanding.
Contacting Fresh Development
In order to deal more effectively with your queries, we ask that you put any questions to us in writing via email where appropriate. This allows us to deal with your enquiry more efficiently. Our full contact details are available above.
Provision of Materials
You agree to provide us with the specific copy, images and information we require in order to create your product, or to advise us as to where we can locate such materials. We accept no responsibility for your site not being put live/product 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, as these may arise through our lack of specialist knowledge regarding the content of your 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 to you at our standard rate. We accept no responsibility for the delay caused in providing you with the final product as a result of your supplying us with insufficient or unsuitable materials. This does not apply if the additional cost could have been avoided but for unreasonable delay on the part of Fresh Development in ascertaining the unsuitability of the materials with which you provide us. 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.
Websites
Website Updates & Site Maintenance
Unless specified as part of the original product or as an ongoing arrangement, any updates or maintenance to websites will be charged for at the current hourly rate.
Hosting & Email Accounts
Hosting is provided on a yearly basis and payment is required in advance. No clients or third parties will be granted FTP (File Transfer Protocol) access to our servers or any of our affiliates. Pop email accounts and/or forwarding will be setup as part of hosting. Future changes to the email configuration will be classed as maintenance and will be chargeable. Fresh Development take no responsibility for any loss of business through non retrieval of emails, bounced messages or undelivered electronic mail. Fresh Development take no responsibility for the content of emails received including attachments and viruses. Cancellation of any website will result in the withdrawal of the hosting package after 48 hours. All hosting packages are non-refundable. Should the client request that a domain name purchased by Fresh Development on their behalf be transferred to another host, a release fee of £20 will be charged. Website hosting will be renewed automatically as part of the initial contract, but a notice period of not less than 14 days will be given at the time invoicing. Clients must cancel their renewal in writing within this notice period, otherwise all charges will become payable and cancellation will NOT be accepted after this date, as monies will have been paid by Fresh Development on the client's behalf.
E-commerce/CMS Content Population
E-commerce/CMS systems will be provided as an empty shop/site, and training will be given to the client(s) on using the system. A delay in the client populating with information will not be accepted as a reason for delayed payment. Fresh Development offers a service to populate the client’s shop site/CMS on their behalf, and prices are available on request for this service. This does not include any photography, and where clients feel unable to create their own imagery of products, a photographer must be sought. Fresh Development are happy to recommend independent photographers where necessary and the contract will be between the client and said photographer. Additional training and support packages are available and prices for these services are available on request.
Warranty
Fresh Development guarantees all of its websites / bespoke software solutions provided to clients insofar as any faults or bugs will be rectified within a reasonable period of time so as not to interrupt the service provided by clients to their clients / users for an unacceptable time. Any software provided by Fresh Development proving to be faulty or defective will be repaired / replaced free of charge to the working standard equivalent to launch.
Website Proofs
Once a client has agreed a look and feel proof and instructed Fresh Development to proceed to build, any subsequent changes in style or design requested by the client will be charged for at the appropriate hourly rate.
Exceptions (Web)
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 free of charge. Larger changes, such as changing text, the creation of a new page or introduction of a new feature on your site, or the sourcing / changing of images are not covered by this policy and must be paid for.
Payment Terms
You agree to pay a deposit of 40% of the final bill immediately. Once the website is ready for launch we will put the website live and issue an invoice for the remaining balance. We reserve the right to disable your website should their be a delay in receiving payment. All deposits are non-refundable.
General
Copyright
Unless negotiated and agreed in writing, the copyrights of general artwork, commissioned artwork, illustrations, website design, programming and copy belong to Fresh Development. 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 signing this agreement, you agree to indemnify Fresh Development 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.
Quotes
All quotes 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.
Illegal Matter
Fresh Development 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, 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 Loss
Fresh Development accept no liability whatsoever for consequential or third party losses, resulting in a delay in delivery howsoever caused.
Financial Loss
Fresh Development accept no liability whatsoever for financial loss or loss of earnings arising from products or services provided by Fresh Development.
Force Majeure
Fresh Development 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 ourselves, elect to terminate the contract and pay for work done and materials used, but subject thereto shall otherwise accept delivery when available.
Liability
Fresh Development shall not be liable for any loss to the customer arising from delay in transit caused by circumstances beyond Fresh Developments control.
Price Breakdown
The invoice we send you will be itemised, showing the cost of the design, development and research process, as well as the production itself.
Jobs Put On Hold or Cancelled by the Client
Jobs put on hold or cancelled by the client during production will be invoiced at current stage and materials. This invoice must be paid in full.
Credit Terms
For invoices not settled within the agreed credit terms, we reserve the right to charge interest on the overdue debt at 2% above the Barclays base rate at the time and an administration fee to cover the debt recovery costs.
Insolvency
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, Fresh Development, 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.
Data Protection
Fresh Development agrees to keep the confidential information of its clients confidential, including all administration areas of websites and details of referrers and those who are referred. All such data recorded by a website will be treated as confidential in accordance with the Data Protection Act.