- “Surf Creative” means Surf Creative the Company.
- “Client” means any individual, company, partnership, organisation or body requesting the services of Surf Creative.
- “Agreement” means the contract between Surf Creative and the client to which these conditions will apply.
- “Order” means confirmation by the client of their acceptance of the quotation given by Surf Creative.
The client’s request for work to commence shall be deemed a contractual agreement between the client and Surf Creative. Surf Creative will carry out work only where an agreement is provided either by email, telephone or mail. Surf Creative will carry out work only for clients who are 18 years of age or above. An ‘order’ is deemed to be a written or verbal contract between Surf Creative and the client; this includes telephone and email agreements.
If images, text, animations, layouts or any other content for a website/ web development project is provided by the client, it is their legal responsibility to ensure that this material does not infringe any copyright. Surf Creative cannot take responsibility for any copyright infringements caused by materials submitted by the client. Surf Creative reserves the right to refuse any material of a copyrighted nature as website content unless adequate proof is given of permission to use this material.
The client agrees to defend, indemnify, and hold Surf Creative harmless against claims against material added to a clients website at any time which infringes or allegedly infringes on the proprietary rights, legal and/or civil rights of any third party
Design concepts can include site mock ups, graphics and design proposals. The client agrees that (unless specifically agreed otherwise) only one concept will be provided by Surf Creative. The client should ensure that they have provided as much information as possible pertaining to colour schemes, artwork and design requirements beforehand. Note: Design concepts and associated graphics remain the property of Surf Creative unless otherwise agreed.
Certain images provided by Surf Creative may have been purchased under licence from stock image suppliers. These images are generally only licensed for use on a website. The licence may not permit them to be used in publicity material. The website owner is legally responsible for ensuring that this does not happen. If the client wishes to use any such images from the website for other purposes they are required to contact Surf Creative to clarify whether this is appropriate. The client agrees to meet all third party costs arising from the purchase of stock photography as well as any administration fees relating to the procurement of images imposed by Surf Creative.
Intellectual Property Rights (IPR) and Copyright
Surf Creative retains ownership of all intellectual property, including source code and original images created for the client until payment of the final invoice. At this time ownership rights of imagery will be transferred to the client. Any scripts, CGI applications, PHP scripts, or software written by Surf Creative remain the copyright of Surf Creative (unless an alternative arrangement has been agreed prior to the contractual agreement) and may only be commercially reproduced or resold with the permission of Surf Creative.
Database Application and E-Commerce Development
Surf Creative cannot take responsibility for any losses incurred by the use of any software created for the client. Whilst every care is taken to ensure products are problem free and accurate, the ultimate responsibility lies with the client to ensure that all software is functioning correctly before and during use. Where applications or sites are developed on servers not recommended by Surf Creative, the client is expected to provide or seek any information, additional software, support or co-operation pertaining to the server required in order for the application to be correctly developed. Where large applications are to be developed on servers not recommended by Surf Creative, it is the client’s responsibility to provide a suitable testing environment which is identical to the final production environment. The client is expected to test fully any application or programming relating to a website developed by Surf Creative before it is made generally available for use. Where “bugs”, errors or other issues are found after the site/development is live, Surf Creative will endeavour (but is not obliged to) to correct these issues to meet the standards of function outlined in the brief.
Submission of materials
The client agrees to make available as soon as is reasonably possible to Surf Creative all materials required to complete the site to the agreed standard and within the set deadline. Surf Creative will not be liable for costs incurred, compensation or loss of earnings due to the failure to meet agreed deadlines.
All third party costs arising from the registration of a domain name shall be met by the client. The rate for a .co.uk domain registration is £25 ex. VAT. For other domain registration prices please contact Surf Creative. Domain names registered on behalf of the client by Surf Creative are property of the client. In these circumstances, Surf Creative acts as administrator on the client’s behalf. Domains will be renewed annually, an invoice will be issued one month prior to the domains expiry. If the domain is no longer required we must be made aware of this prior to it’s expiry date. Surf Creative agrees to transfer any domain names to the client immediately upon request at no cost.
For full Domain Name Registration Terms and Conditions see the Nominet website. For any complaints regarding abuse on domains registered by Surf Creative on behalf of a client, please email [email protected]
Web and Email Hosting
For sites and domains hosted by Surf Creative, clients will have a secure hosting infastructure. This is maintained by a data centre in a secure environment with 24 hour technical support and a 99.95% uptime guarantee provided to Surf Creative. Surf Creative reserve the right to refuse to handle in any way material which may be deemed offensive, illegal or in any way controversial, and also to terminate the hosting service should the necessity arise without liability for loss of business.
Loss of service
We will endeavour to maintain network stability and satisfactory service levels, however:
- We may from time to time perform routine maintenance, service and upgrades. We will endeavour to act on such instances at the most convenient times and provide reasonable notice by any means we deem satisfactory
- We may experience outages beyond our control caused by any of the following; force majeure (any ‘act of god’ including those induced by negative human activities), war, invasion, act of hostilities, civil war, rebellion, military power or confiscation, terrorist activities, nationalism, governmental/quasi-governmental sanction, restraint, embargo, prohibition or intervention, blockage, labour dispute, general strike, lockout or failure of utilities (electricity, telephone, etc), failure of hardware (our hardware as well as third party), failure of software, failed software or hardware upgrade or any other failure as caused by Surf Creative, our suppliers or any third party
- We may, at our discretion provide notification of outages whether planned or unplanned
- You release us from any claim or potential claim with relation to outages and any loss of business/service suffered by you or any third party
Search Engine Promotion
When undertaking a new contract, Surf Creative will set up the client”s site to be search engine friendly. If the client wishes to take out an ongoing Search Engine Optimisation contract, this will take the form of a seperate agreement to the website contract, unless it is a joint website & Search Engine Optimisation package. In the absence of a Search Engine Optimisation contract, Surf Creative is not responsible for ongoing site promotion.
Surf Creative provides Search Optimisation services including link sourcing, link placement, on-site optimisation, traffic analytics and search engine rank position monitoring.
If a written contract is entered into by Surf Creative and the Customer, this contract will specify the exact services to be provided, in exchange for a charge calculated at a daily rate. Our rates are not dependent upon nor linked to site traffic, rankings in search engines or any other performance metrics or data supplied by third party companies.
All information pertinent to a Search Optimisation campaign shall be supplied to Surf Creative, including history of any prior campaigns conducted with other Search Optimisation providers.
Surf Creative shall not be responsible for URLs dropped or excluded by a search engine for any reason.
After work commences any fees paid are not refundable.
Unless otherwise agreed, payment is only accepted by direct bank transfer (BACS or CHAPS), Direct Debit or through the website (Stripe) in UK Pounds Sterling.
The price quoted by Surf Creative to the client is for the work specifically agreed on the quotation only. Should the client decide that changes or additional work are required after work has commenced, these changes or additions must be agreed. Any additional costs will also need to be agreed prior to the work being started. Unless otherwise agreed any quotation provided will be valid for 30 days from the date of issue.
Should the client wish to cancel at any point during the project they shall remain liable for any work that has taken place and shall be invoiced accordingly. There are no exceptions to this. They are still obliged to pay for the work that has been done up to the point of cancellation.
Payments of Accounts
A deposit will be required from any new client before any work is carried out. If Surf Creative undertake a project which is large or deemed to be of significant duration then interim payments may be required at agreed milestones within the project. Surf Creativd reserves the right not to launch a website until full payment has been received.
Any outstanding accounts for work carried out by Surf Creative or its affiliates are required to be paid in full, no later than 14 days from the date of the invoice. Surf Creative reserves the right, in its sole discretion, to deactivate hosting services for clients with unsettled accounts. When this occurs an additional minimum charge of £50 + VAT will be required to have the site restored.
Accounts that have not been settled within 14 days of the due date will incur a late payment charge of 10% of the amount outstanding. Any unpaid balance due shall bear interest at the rate of 8% compounded per annum, and costs of collection, including Court costs and reasonable legal fees shall be added as principal amounts to such balance.
Surf Creative reserves the right to pass any unpaid invoices on to a debt collection agency for collection.
Invoice disputes can only be raised within 7 days following receipt of the invoice.
Websites will be handed over as a fully functioning, completed work. Unless a support contract has been arranged, Surf Creative is not responsible for support. Support can be provided upon request for an agreed fee. Websites are offered as a single contract and no guarantee of the availability or compatibility (including rendering compatibility with future browsers or future versions of existing browsers) from Surf Creative is offered unless an ongoing support package has been agreed.
Compliance with E-Commerce, Accessibility or Other Regulations
Surf Creative develops websites in accordance with the client’s specifications. It is the client’s responsibility to ensure that the website and its content comply with current online trading laws and regulations. Surf Creative cannot accept responsibility for any failure to comply with laws and regulations related to accessibility, selling online or those related to a specific business or trade. Research can be undertaken on the client’s behalf upon request, but in any business where complex compliance issues may exist it is recommended that the client takes legal advice.
A link to Surf Creative will appear in either small type or by a small graphic at the bottom of the client’s website. If a graphic is used, Surf Creative will design it to be sympathetic to the overall site design.
If you have a complaint please email [email protected]
Facebook re marketing and AdWords re marketing
We may use your email address or website behaviour to tailor our marketing to you. This means we may show you adverts for Surf Creative and Surf Creative Presents on Facebook, Google or third party websites.
Should Surf Creative waive any of these terms on an individual basis, this shall not affect the validity of remaining clauses or commit Surf Creative to waive the same clause on any other occasion. By agreeing to these terms and conditions your statutory rights are not affected.
Surf Creative reserves the right to change or modify any of these terms or conditions at any time. Should clarification of any of the above be required please contact us.
This Agreement shall be governed by English Law.