Terms and Conditions

Update in terms and conditions as of 23/03/2023 : As of March our hosting provider has informed us of changes to their policies, practices and terms and therefore as of March websites are untransferable to your own hosting provider at this time. Although we have it on good authority that this is only a temporary measure, this is something Ionos are woking on and we will update our terms and conditions accordingly when this issue is resolved.

So what are your options?

- You can't physically take the website with you at this time, but any of our pay monthly clients have the option to transfer after 12 months to our hosting only package.

- You can remain on your plan taking advantage of our fully managed service.

- If you really wanted to leave us, you would have to have a new website designed by another company.

Cre8ive Media Ltd Terms and Conditions

The following terms and conditions apply to all website development, design, management services provided by Cre8ive Media Ltd (We, Us, Our) to the Client (You, Your).

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 use of Our services implies that You have read and accepted Our terms and conditions.

2. Services

Hosting

Cre8ive Media Ltd will host the site through a third-party company and all dealings with the third party will be directly with Us, as the owner of the site.

Design

Any design that is needed specifically for the site is included within package prices. This is at Our discretion and only available if it will benefit the site and its use / purpose. 

After a period of 12 months, You have the option, if You requested, to have the site updated/redesigned with the purpose of keeping up to date with the latest technology trends.

Management

Cre8ive Media Ltd provides a full management service to ensure the smooth running and functionality of the site. We will analyse data to ensure high quality website performance and perform any edits to the site where We feel it will boost or increase the performance of the site.

We will update the site as requested. It is Your responsibility to provide direct instruction, detailing relevant content and, or images to enable Us to make the update.

SEO premium package

In addition to the services listed above, We also provide a premium package, which if selected by You, Cre8ive Media Ltd will include off-site search engine optimisation work. This is backlink creation and all information will be specified within the package, which, upon acceptance of this package You agree to. This will be provided by a third-party company on behalf of Cre8ive Media Ltd. All dealings with the third party will be directly with Us, as the owner of the site. You understand there are no specific results for this service, however We analyse data to ensure high quality website performance.

3. Charges / Payment

Charges for services to be provided by Cre8ive Media Ltd are defined in the project monthly quotation that the Client receives via e-mail and/or in writing. Quotations are valid for a period of 60 days. We reserve the right to alter, or decline to provide a quotation after the expiry of the 60 days.

Unless agreed otherwise with the Client, all website design/management services require a payment of the 1st monthly charge, before work commences. Invoices will be provided by Cre8ive Media Ltd on this same date each month. Payment will be automatically deducted from your chosen credit/debit card, via our third party merchant service on this due date.

You understand, that although We try to deliver the website to You within 14 days, this may not be possible due to circumstances out of Our control. Therefore payment of the 2nd monthly charge, and, payment of all monthly charges will be due regardless of any circumstances. This includes, but is not limited to, any case, where We are awaiting direct instruction, relevant content, images, and, or, domain transfers, this can be from You as well as any other third party. You understand the length of time the project takes to complete, and, or, any ongoing work / management, does not have any direct impact on payment of monthly charges. This date is identified when instructed by You by purchase or use of Our services and it is the responsibility of You to ensure funds are available for payment of this monthly charge. 

4. Client Review

Cre8ive Media Ltd 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 Us otherwise within ten (10) days of the date the materials are made available to the Client.

5. Turnaround Time and Content Control

Cre8ive Media Ltd will design the website by the date specified in the project proposal, or at date agreed with the Client upon Cre8ive Media Ltd receiving initial payment, the Client understands and agrees it is possible that delays may occur for reasons out of Our control.

In return, the Client agrees to delegate a single individual as a primary contact to aid Cre8ive Media Ltd with progressing the commission in a satisfactory and expedient manner.

During the project, We may require the Client to provide website content; text, images, movies and sound files etc. to populate the website in a timely fashion.

6. Website Ownership

All websites are owned by Cre8ive Media Ltd.

Because our websites are not built using WordPress you will not be in a position to own the website as our hosting provider does not allow package transfers.

However, after 12 monthly payments, you can opt to move to hosting only at the cost of just £20pcm. 

You also have the option to be sent the content and to transfer the domain if you choose to move to another web design company. (This will not effect any backlinks)

7. Late Payment

It is Your responsibility to ensure appropriate funds are available. Accounts that remain unpaid thirty (30) days after the date of the invoice, will be assessed a service charge of the amount of twenty percent (20%) or £40.00 per month of the total amount due, whichever is greater.

8. Additional Expenses

The Client agrees to reimburse Cre8ive Media Ltd for any additional expenses necessary for the completion of the work. Examples would be purchase of special fonts, stock photography, plugins etc. This payment will be required prior to the purchase of the additional required materials.

9. Web Browsers

Cre8ive Media Ltd 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, etc.). The client agrees that Cre8ive Media Ltd cannot guarantee correct functionality with all browser software across different operating systems.

10. 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 Our Web space, Cre8ive Media Ltd will, at its discretion, remove all such material from its web space. Cre8ive Media Ltd 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 Cre8ive Media Ltd reasonable expenses, including legal fees and costs for collection by third-party agencies, incurred by Us in enforcing these Terms and Conditions.

11. Termination

Termination of services by the Client must be requested by giving 30 days written notice or email and will be effective on receipt of such notice. Under no circumstances will Cre8ive Media provide a refund of any monies already paid by the Client upon termination. Please note; termination after the monthly payment due date will incur the current monthly charges.

12. Indemnity

All Cre8ive Media Ltd services may be used for lawful purposes only. You agree to indemnify and hold Cre8ive Media Ltd harmless from any claims resulting from Your use of Our service that damages you or any other party.

13. Copyright

The Client retains the copyright to data, files and graphic logos provided by the Client, and grants Cre8ive Media Ltd 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 Us permission and rights for use of the same and agrees to indemnify and hold harmless Cre8ive Media Ltd 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 Us that all such permissions and authorities have been obtained. Evidence of permissions and authorities may be requested.

14. 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 Us to return to the Client any images or printed material provided for use in creation of the website, such return cannot be guaranteed.

15. Design Credit

A link to Our website will appear in either small type or a small graphic at the bottom of the website We have created and are managing. 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 may be presented in Cre8ive Media Ltd’s portfolio.

16. Post-Placement Alterations

Cre8ive Media Ltd 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.

17. Domain Names

We can purchase domain names upon request by the Client. These domain names are owned by Cre8ive Media Ltd whilst the account is being hosted by them. If the Client insists on a premium domain name, the amount the third party is charging for the domain name, is to be paid by the Client before this is ordered.

18. General

These Terms and Conditions supersede all previous representations, understandings or agreements. The Client’s acceptance via email, text or payment of an advance fee constitutes agreement to and acceptance of these Terms and Conditions. Payment online is an acceptance of Our terms and conditions.

19. Governing Law

This Agreement shall be governed by English Law.

20. Liability

Cre8ive Media Ltd 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 Cre8ive Media Ltd 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.