Wallcreeper UK Terms and Conditions

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This website is owned and operated by Sandra Hughes trading as Wallcreeper UK , Morfa Villa, Pendre Road, Penrhynside, Llandudno, Conwy, LL30 3BY.

Your access to and use of the Wallcreeper UK website and its products is subject to the following terms and conditions. Please read through the terms and conditions carefully. In signing an agreement/contract with Wallcreeper UK , you agree to be bound by the terms and conditions as stated herein. This does not affect your statutory rights.

By agreeing to our terms and conditions you promise to abide by them henceforth. Continued use is an implied acceptance of agreement of the terms and conditions and is a promise to abide by the terms and conditions for any future use or dealings with Wallcreeper UK . The terms and conditions will only cease to be applicable when any such agreement is terminated, either by yourselves, or by Wallcreeper UK .

Wallcreeper UK will only commence work upon written confirmation in the form of a signed contract, and where the customer has agreed to abide by the terms and conditions. Any breach of the terms will be at the sole discretion of Wallcreeper UK and it shall be determinable by Wallcreeper UK whether any such breach shall amount to a breach of contract and shall therefore effectively renounce the contract

Wallcreeper UK will only enter into contracts with those that are 18 years or over. Those wishing to enter into a contract below that age must do so with a guarantor who is over the age of 18 years, and that is agreed to be suitable by Wallcreeper UK . This decision is purely at the discretion of Wallcreeper UK .

Payment:

Wallcreeper UK shall undertake no work (other than initial discussions prior to the agreement of a contract) until a minimum of 30% of the invoiced sum is received by Wallcreeper UK and cleared confirmation is confirmed by a designated bank as determined by Wallcreeper UK . It is the sole discretion of Wallcreeper UK whether they shall undertake such work without a 30% deposit. The remaining 70% of the total remaining sum shall be payable within 30 days of invoice.

Initial payment will be requested by Wallcreeper UK for the deposit at least seven days before any work is underta ken . The final payment will be requested by an invoice on completion of service. Payment shall not be received any later than 40 days after completion (or 30 days from the invoice date, whichever is the sooner). The invoice will be via email unless the customer specifically requests a hard copy.

Full publication of the Web Pages may take place only after full payment has been received. Any material previously published may be removed if payment is not received. When this occurs a minimum charge of £50 will be required to have the site restored.

Cheque Payment: Payment is currently accepted by cheque. Cheques shall be in Pounds Sterling (GBP) and made payable to Sandra Hughes and addressed and mailed to: Wallcreeper UK , 23 Edward Road , Eynesbury, St. Neots, Cambridgeshire. PE19 2QF. If your cheque is returned by the bank as unpaid for any reason, you will be liable for a "returned cheque" charge of £25.

Credit Card Payments: Credit card payments will shortly be accepted via our PayPal electronic invoice system. These will be subject to a 3% surcharge.

Payment Failure:

A further charge of £30 (or 2%) per month, whichever is higher, of the outstanding payment will be charged until payment is received along with the product and all materials being removed from the servers. Wallcreeper UK will not be held responsible for any losses related to removing the product from the servers. Returned payments will result in the customer accruing an instant £30 fee added to their account balance. Customers agree that any payment failures will result in them taking on board expenses such as legal expenses including third parties sent to collect.

Product Agreement:

Wallcreeper UK tries its utmost to provide products without any errors. We cannot accept any responsibility for any losses due to product malfunction, the website or any part of it. Wallcreeper UK does not accept liability for any damage caused by negligent use of Wallcreeper UK products.

Wallcreeper UK will make sure the product works satisfactorily on Internet Explorer versions 5 and 6 as well as Mozilla Firefox. No guarantees can be offered on other browser software unless specifically requested.

Wallcreeper UK offers the customer the chance to review the product during the design stages via the use of a prototype design and test site. The customer is allowed up to three revisions of the prototype design unless otherwise stated. Once the customer is in acceptance of the prototype, written verification will be required to confirm that the site plan, navigation, content and design is that which is to be purchased. Once this agreement is made non payment will stand as a breach of contract and the site will be withdrawn until satisfactory payment is made. If, after such an agreement has been made, the customer makes any changes to the website that affects the navigation of the site, the design or layout of individual pages Wallcreeper UK reserves the right to charge our time at the rate of £50 per hour.

The customer will also be allowed to review the finished product and suggest minor alterations (textual changes, small image alterations, small colour alterations or alterations that will not take any more than 10% of the scheduled hours planned to produce the product). The product will be deemed accepted unless the customer contacts Wallcreeper UK within 7 days from the date the product is made available to them.

Wallcreeper UK will endeavour to complete a product/service by the date stated or within 4 weeks if there is no date stated. However Wallcreeper UK cannot be liable for any delays that occur that could not be reasonably foreseeable at the time the work was originally underta ken .

Wallcreeper UK will not be held liable for any costs, loss of earnings or compensation if a deadline is not met.

Wallcreeper UK will not be held responsible for any alterations made post handover of the project to the customer/client.

Content and images needed to begin work will be agreed at least 7 days prior to the work commencement date or by an agreed date if expressively agreed by both parties via email or in writing. If discussions begin less than 7 days prior to the work commencement date then the content and images will be required 7 days from that point or by an agreed date if expressively agreed by both parties via email or in writing.

IMPORTANT! Failure to Provide Required Website Content: We are 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 other work and enquiries to ensure that your work is completed at the time arranged.

Wallcreeper UK requires all agreed content and images from the customer prior to the work commencement date or by the date agreed. On any occasion where we cannot progress your website because you have not provided the required information when you have agreed to do so, and we are delayed as result, we reserve the right to impose a surcharge of up to 25%.

If you agree to provide us with the required information and subsequently fail to do within four weeks of project commencement 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 if you are not ready to do so.

Termination:

Termination requests will be accepted if received in writing with the customer's signature. No other requests other than in writing with the customer's signature will be accepted. The customer will be invoiced for services up until the date the termination request was first received.

Copyright:

All content supplied by the client will be assumed copyright free. Wallcreeper UK cannot accept responsibility for any copyright issues arising from improper use of copyrighted images or content.

All other marks that appear throughout the Products and Services belong to Wallcreeper UK or the respective owners of such marks, and international copyright and trademark laws. Any use of any of the marks appearing throughout the Products and Services without the express written consent of Wallcreeper UK or the owner of the mark, as appropriate, is strictly prohibited.

Wallcreeper UK owns the copyright of any scripts, .cgi applications or software written by Wallcreeper UK . Only with written permission can these be commercially reproduced or resold.

Wallcreeper UK will hold intellectual copyright of any material, including any source code, created for the client until payment of the final invoice. At this time it will become the property of the client.

Intellectual Property:

It is the policy of Wallcreeper UK to respond expeditiously to claims of intellectual property infringement. Wallcreeper UK will promptly process and investigate notices of alleged infringement and will take appropriate actions under the applicable intellectual property laws. Upon receipt of notices of infringement Wallcreeper UK will act expeditiously to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity and will act expeditiously to remove or disable access to any reference or link to material or activity that is claimed to be infringing.

Design Credit:

A discrete link to Wallcreeper UK will appear at the bottom of each page of the website.

Web Hosting:

Wallcreeper UK can recommend a web hosting company and web hosting package based on the client's requirements but cannot be held responsible for:

a. any extra hosting costs incurred by the client through changes which may require additional facilities;
b. any delays to the launch of the site caused by the web hosting company;
c. the site being offline due to problems with the server.

Search Engine Promotion:

Wallcreeper UK are not responsible for the client's on-going web site promotion. Should the client require the site to be promoted on an ongoing basis a separate contract must be agreed. The order in which websites are ranked in the natural search results is controlled by the search engines. While we can optimise your site for this we are unable to make any guarantees about the success of any search engine promotion activity.

Future Support: The website is provided to and accepted by the client as a fully functioning, completed work. Wallcreeper UK is not responsible for future support. This can normally be provided upon request and for an agreed fee. No guarantee of future support is given unless an ongoing support package is negotiated.

Future Site Problems: Unfortunately malicious software, spyware, viruses and website hacking are facts of life on today's Internet. It is highly unlikely that these will affect your website, and Wallcreeper UK will endeavour to protect it from this as much as we can during its creation, but we cannot be held responsible for problems that develop on sites after we have handed them over to the client.

This agreement is subject to the jurisdiction of the English Legal System.