CRE8IVE HASHTAG – Terms and Conditions
It is our privilege and duty to serve you, our client. The sole intent of this document is to ensure we will have a good experience together. By accessing this website, we assume you accept these terms and conditions in full. Do not continue to use Cre8ive Hashtag's website if you do not accept all of the terms and conditions stated on this page.
1. Roles and Responsibilities
This Website Design & Development, Website Hosting, Logo Design and Website Maintenance agreement is 1.) effective the date you the client, purchases any package off of cre8ivehashtag.co.uk or any custom package (via an estimate or invoice) not on cre8ivehashtag.co.uk and 2.) between Cre8ive Hashtag Ltd. (Company No: 12635451) (the “developer,” the “host,” the “provider”) and the client (the “individual,” the “corporation,” “the company,” or the “partnership.”)
2. Web Design and Development
2.1 Website Packages (on cre8ivehashtag.co.uk or any custom package (via an estimate or invoice)) provides upfront pricing for a brand new website intended to be delivered as stated on website or agreed by Cre8ive Hashtag (the performance period) after a client provides all the necessary content including but not limited to text, pictures, logo, and everything referred to in the content gathering process a client receives after paying the agreed upon non-refundable down payment. After a client pays the 50% non-refundable down payment for the website package of choice, in most cases (unless the chosen Website Package is providing content for the client – referred to in the second paragraph) Cre8ive Hashtag will send an email to the client which will contain a link to a process Cre8ive Hashtag uses to help the client easily submit content (text for pages, logo, pictures, etc.) for their brand new website. Cre8ive Hashtag refers to this process as guided content creation via “smart forms” due to the marketing intelligence that has been put into the forms. The intent of these forms is to make the content submission process fast, easy, and fun for the client. After answering the content questions, Cre8ive Hashtag will proceed to build the website for the client. We will provide one hour of revisions after building the website for any commentary on what the client would like to change and this is included in the price. Any other feedback/review sessions will be billed as needed at a minimum of £100 per hour.
After the website is completed, the client owes Cre8ive Hashtag the remaining agreed upon payments before we launch the new website. We do not do net 30 or net 60 terms. If a client does not pay their remaining payments, then Cre8ive Hashtag holds the right to keep the website work performed until the client pays. If a client prefers Cre8ive Hashtag design/develop within a client’s hosting/Wix session, then Cre8ive Hashtag requires 100% of the job to be paid upfront before any works begins. In the case where Cre8ive Hashtag provides content writing and/or logo development, Cre8ive Hashtag will create logo’s and content writing before the website is designed and developed in the specified build time. In these cases, Cre8ive Hashtag will split up job into 3 phases. Here are the 3 phases and the non-refundable payments that are required and the timeline for each non-refundable payment – assumes a £10,000 quote:
Content/Logo – 50% non-refundable payment required before we begin content writing/logo development. Client must approve content & logo at a minimum through e-mail.
Final Website payment – Final 50% non-refundable payment required before we launch final website or 30 days after the first down payment is received, whichever is soonest. Monthly maintenance must also be settled before website launch or 30 days after the first down payment is received, whichever is soonest. Either a credit card is needed from client for automatic monthly withdrawals or a monthly invoice can be sent.
2.2 All invoices must be settled within 30 days of the invoice date. Payment may be made by PayPal or bank transfer.
2.3 Cre8ive Hashtag reserves the right to assign subcontractors to complete part or the whole of the Project.
2.4 The website design may be used on one domain name only. The Client is not permitted to use a design for more than one website without prior written agreement from Cre8ive Hashtag.
2.5 Cre8ive Hashtag cannot guarantee correct functionality with all browser software across all different operating systems. However, Cre8ive Hashtag shall endeavour all websites to function with Internet Explorer, Mozilla Firefox and Google Chrome latest releases.
2.6 The Client agrees that all websites will be hosted by Cre8ive Hashtag unless otherwise agreed.
2.7 Cre8ive Hashtag may from time to time recommend to the Client that updates are needed to their website to comply with, but not limited to, the following: new legislation, software releases and web standards. Cre8ive Hashtag reserves the right to charge for these updates as additional work.
2.8 The Client agrees that no liability will be attributable to Cre8ive Hashtag in the event of website downtime or the inability to operate the web pages or website
2.9 Should the Client supply material to Cre8ive Hashtag believing it to be copyright and royalty free, which subsequently emerges to have copyright and royalty limitations, the Client agrees to permit Cre8ive Hashtag to remove and/or replace the file at the Client’s expense to be assessed on a quantum merit basis.
3. Web design and development timelines
Website Packages and other Services on cre8ivehashtag.co.uk are intended to be built and completed in specified build time on each package respectively. Some clients will need to submit content and some will not. If a client purchases their package or product and needs to submit content to Cre8ive Hashtag via WeTransfer or the process referred to above in the scope, the content needs to be submitted to Cre8ive Hashtag by the client three days before the build or Cre8ive Hashtag has the right to move out the build time or cancel the job.
4. Client Obligations
The Client agrees:
4.1 Cre8ive Hashtag will not be liable for the Client’s failure to comply with any laws or taxes affecting e-commerce.
4.2 the resale or distribution of the Project in full or part is forbidden unless prior written agreement is made between the Client and Cre8ive Hashtag.
4.3 Cre8ive Hashtag may include developmental credits and links within any code, designs, builds or amends.
4.4 Cre8ive Hashtag may include any work done for the Client within their portfolio of work
4.5 to provide any information or content required by Cre8ive Hashtag promptly. Failure to provide required information or content within 20 working days of request will result in payment being due for the work done in accordance with clause 5 and Cre8ive Hashtag will not be liable for any failure to subsequently meet targeted dates for completion of any related task.
4.6 If a problem with the design or code arises which does not allow the original Specification to be met, Cre8ive Hashtag may apply the nearest available alternative solution
4.7 to keep all passwords confidential at all times 4.8 they are responsible for providing and maintaining suitable equipment telecommunications and support services to facilitate access to the Project
4.9 if a choice of design is presented by the Client, only one solution is deemed to be given by Cre8ive Hashtag as fulfilling the Project.
5. Client Delays
If a client who books their package or product and needs to submit content to Cre8ive Hashtag does not provide content three days before the agreed upon build time, then it is understood that the specified time build timeline may or may not be met. Cre8ive Hashtag is happy to work with clients as events arise to help provide alternatives including gathering content before booking a package or product session, speaking with the client about the content submission process, or even hiring Cre8ive Hashtag to create content for the client.
6. Outstanding Payments
6.1 Cre8ive Hashtag reserves the right to refuse to undertake any further work for the Client if an invoice remains outstanding.
6.2 Cre8ive Hashtag reserves the right to remove any work done for a Website Package or Product from any computer systems and the internet if invoice payments are not received within 30 days of the invoice date.
6.3 We will provide a 3 day grace period for any late payments. After 3 days of being late, the client will be charged a 5% daily late above the base rate of the Bank of England until payment is received in full. 6.4 Cre8ive Hashtag’s removal of website or product material does not relieve the Client of its obligation to pay the due amount. Clients whose accounts are in default agree to pay Cre8ive Hashtag Ltd’s reasonable legal expenses and third party collection agency fees in the enforcement of these Conditions.
7.1 The Client warrants that it has the authority to enter into and perform this Agreement and has not entered into any other agreement which conflicts with this Agreement or inhibits, restricts or impairs its ability to perform its obligations under this Agreement.
7.2 The Client warrants that it has obtained and will maintain all necessary licences, authorisations and consents which are necessary for the Project, content and domain name.
8. Copyright and Ownership
8.1 Title and copyright to the website graphics, general artwork, commissioned artwork, illustrations, website design, programming, copy site content, coding and other work created in the Project shall not pass to the Client but shall remain the property of Cre8ive Hashtag and used on licence by the Client unless negotiated and agreed in writing.
8.2 Data which is gathered as a consequence of the operation of the website shall belong to and be the responsibility of the Client.
8.3 Where the Client terminates the Project before completion, all work done towards the Project remains in the Ownership of Cre8ive Hashtag.
8.4 Publication and/or release of the graphic design within the Project may not take place before cleared funds have been received by Cre8ive Hashtag Ltd.
8.5 The Client may request, in writing, Cre8ive Hashtag’s permission to use Project material (for which Cre8ive Hashtag hold the copyright) in forms other than for which it was originally supplied. Cre8ive Hashtag may, in its absolute discretion, grant this and may charge for the provision of the same.
8.6 If the client supplies material to Cre8ive Hashtag, it is the responsibility of the client to obtain all necessary copyrights for its use and Cre8ive Hashtag will assume this has been done. In this situation, the copyright shall be retained by the client.
8.7 Should the Client supply material to Cre8ive Hashtag believing it to be copyright and royalty free, which subsequently emerges to have copyright and royalty limitations, the Client agrees to permit Cre8ive Hashtag to remove and/or replace the file at the Client’s expense to be assessed on a quantum merit basis. In this situation, the client indemnifies Cre8ive Hashtag from any claim which arises regarding the use of material supplied to Cre8ive Hashtag.
8.8 The Client agrees that Cre8ive Hashtag hold no responsibility for any amendments made by a third party before or after a design is published.
8.9 Cre8ive Hashtag reserve the right to use any artwork or printing they produce for the purposes of promoting their services.
9. Open Source Tools
Cre8ive Hashtag builds most of its websites using Wix (which is an open source tool) and other website building tools. Wix has over 150 million users in 190 countries so Cre8ive Hashtag is completely confident in the tools being used although Cre8ive Hashtag does not manufacture or control these tools. The client is electing to use an open source software to support his or her website.
10. Website Care Plan and Starter Hosting Plan
Website Care Plans can be purchased on a monthly basis based on an ongoing website maintenance and hosting. The client is welcome to cancel at any time. Any website containing creative or functional input by Cre8ive Hashtag shall be hosted, maintained and supported by Cre8ive Hashtag and:-
10.1 The Client agrees that Cre8ive Hashtag is not liable for any bugs, performance issues or failure of their code.
10.2 The Client agrees that no liability will be attributable to Cre8ive Hashtag in the event of website downtime or the inability to operate the web pages or website.
10.3 The Client agrees that Cre8ive Hashtag or its agents will not be liable if they fail to register such domain names as requested by the Client. Cre8ive Hashtag and its agents will use its reasonable endeavours to ensure such registration.
10.4 Cre8ive Hashtag will quote for any work involved in changing the website design or website code in order for it to work with updated browser software, domain name or hosting changes.
10.5 A Starter Hosting Plan without maintenance can be purchased from cre8ivehashtag.co.uk. Hosting invoices are raised on an annual basis.
The provider agrees to do each of the following:
Monitor the overall performance of the Website for functionality, and maintain the Website.
Host the website if client purchases a Website Care Plan with hosting included.
Devote as much productive time, energy, and ability to the performance of its duties hereunder as may be necessary to provide the required Services in a timely and productive manner.
Perform the Services in a workmanlike manner and with professional diligence and skill, using fully-trained, skilled, competent, and experienced personnel.
Take every step to ensure the Website remains functional and operating.
Maintain password secrecy and notify the Company immediately of any loss or theft of passwords or if the confidentiality of any password has been compromised.
The Client agree to do the following:
Monitor the content of the Website for items that need to be corrected or updated and provide such updates or corrections to the Provider.
Maintain password secrecy and notify the Provider immediately of any loss or theft of passwords or if the confidentiality of any password has been compromised.
The Provider must use commercially reasonable efforts to minimize disruption of the Website and to schedule Website maintenance.
IN THE EVENT OF A PROBLEM WITH THE WEBSITE, THE PROVIDER AGREES TO PROVIDE THE FOLLOWING LEVELS OF SUPPORT:
URGENT PROBLEM. IF THE WEBSITE SUFFERS FROM AN URGENT PROBLEM, INCLUDING, BUT NOT LIMITED TO, THE WEBSITE BECOMING UNUSABLE, THE PROVIDER UNDERSTANDS THAT TIME IS OF THE ESSENCE AND WILL USE BEST EFFORTS TO CORRECT THE PROBLEM AS SOON AS POSSIBLE. THE PROVIDER WILL CONTINUE TO UPDATE THE COMPANY OF THE STATUS OF THE PROBLEM UNTIL THE PROBLEM IS RESOLVED, AT WHICH TIME, THE PROVIDER WILL IMMEDIATELY NOTIFY THE COMPANY THAT THE PROBLEM HAS BEEN CORRECTED.
IF THE PROVIDER BECOMES AWARE OF AN URGENT PROBLEM BEFORE THE COMPANY BECOMES AWARE OF IT, THE PROVIDER WILL IMMEDIATELY NOTIFY THE COMPANY OF SUCH PROBLEM.
Non-Urgent Problem. If the Website suffers from a non-urgent problem, the Provider understands that time is of the essence and will use best efforts to correct the problem as soon as possible. The Provider will continue to update the Company of the status of the problem until the problem is resolved, at which time, the Provider will promptly notify the Company during normal business hours that the problem has been corrected.
IF THE PROVIDER BECOMES AWARE OF A NON-URGENT PROBLEM BEFORE THE COMPANY BECOMES AWARE OF IT, THE PROVIDER WILL PROMPTLY NOTIFY THE COMPANY DURING NORMAL BUSINESS HOURS OF SUCH PROBLEM.
Website Back-up. The Provider must back-up the Website as set forth in our maintenance packages.
Security. The Provider must take commercially reasonable steps to prevent unauthorized access to the Website and any of the Company’s Confidential Information, including, but not limited to, any data collected on the Website. One Week Website provides SSL certificates with all of our maintenance packages except for the basic maintenance package.
11. Search Marketing
11.1 No warranty is provided by Cre8ive Hashtag in relation to the performance of third parties engaged to perform part of the Project and Cre8ive Hashtag shall not be liable for any failure, action, omission or error on the part of a third party provider.
11.2 The Client agrees that Cre8ive Hashtag is unable to guarantee that the Client’s website will achieve a favourable position, or any position, within a particular search engine and as such, shall not be liable for failure to achieve a particular position.
11.3 The Client agrees that Cre8ive Hashtag shall not be liable for any website URLs dropped or excluded by a search engine for any reason.
11.4 The Client agrees that Cre8ive Hashtag do not warrant or represent that search engine results reported will be correct, accurate, timely, reliable or otherwise due to their reliability on third party software.
12.1 The Client agrees to keep Cre8ive Hashtag fully indemnified on demand against any liability, damage, expense, claim or cost (including legal costs and expenses) suffered by Cre8ive Hashtag as a result of the Client’s breach of any clause of this Agreement.
12.2 The Client agrees that Cre8ive Hashtag is not liable for any claims, losses, costs incurred or damages due to any failure to carry out services within a given delivery timescale.
12.3 The Client agrees that Cre8ive Hashtag is not liable for absence of service as a result of illness or holiday.
12.4 The Client agrees that Cre8ive Hashtag shall not be liable for the website content, hosting and choice of domain name.
12.5 The Client agrees that Cre8ive Hashtag shall not be liable for any infringement of copyright or proprietary rights, misinformation or delivery of defective products or services
12.6 The Client will indemnify Cre8ive Hashtag in relation to any liability arising in respect of the matters at 12.2. 10.4 and 12.5.
13. Limitation of Liability
13.1 Notwithstanding anything contained in these Conditions or the Specification, Cre8ive Hashtag’s liability to the Client in respect of the Project, in contract, tort (including negligence or breach of statutory duty) or howsoever otherwise arising, shall be limited to the price for the Project.
13.2 Notwithstanding anything contained in these Conditions or the Specification, in no circumstances shall Cre8ive Hashtag be liable, in contract, tort (including negligence or breach of statutory duty) or otherwise howsoever, and whatever the cause thereof (i) for any loss of profit, business, contracts, revenues or anticipated savings, or (ii) for any special indirect or consequential damage of any nature whatsoever.
14. Force Majeure
14.1 Cre8ive Hashtag shall not be under any liability for any failure to perform any of its obligations under the order due to ‘Force Majeure’. Following notification by Cre8ive Hashtag to the Client of such cause, Cre8ive Hashtag shall be allowed a reasonable extension of time for the performance of its obligations.
14.2 For the purposes of this condition, ‘Force Majeure’ means fire, explosion, flood, lightening, Act of God, act of terrorism, war, rebellion, riot, sabotage, telecommunication problems, software failure, hardware failure, third party interference, official strike or similar official labour dispute, or events or circumstances outside the reasonable control of the party affected thereby.
15. Confidentiality and Data
15.1 The Client is responsible for keeping the password and username that may be assigned on registration confidential. The Client is fully responsible for all action and activities that take place under the Client account.
15.2 If the Client believes there has been unauthorised use of the account or suspects that confidentiality has been compromised, the Client must contact Cre8ive Hashtag immediately at email@example.com.
15.3 In the event of termination or expiration of this Agreement, each party shall return or, if requested, destroy the confidential information of that party.
15.4 Each party will comply with its obligations pursuant to the Data Protection Act 1998.
15.5 Cre8ive Hashtag and any third party associates agree that it will not disclose any confidential information relating to the Client without the Client’s express permission.
15.6 The Client agrees that it will not disclose any confidential information relating to Cre8ive Hashtag.
15.7 Cre8ive Hashtag shall use information provided by the Client:
(a) to identify the Client in communication by phone, email, postal mail or Skype; and
(b) to contact the Client from time to time to offer them services or products which may be of interest to or benefit the Client.
16.1 The Client may request in writing that Cre8ive Hashtag cancel a Project. Cre8ive Hashtag will only accept this request for termination if work on the Project has not yet begun. If work has already begun on the Project, Cre8ive Hashtag will invoice the Client for the work carried out.
16.2 Cre8ive Hashtag reserves the right not to work with any Client who has a site which it deems is unlawful or inappropriate, contains a virus or hostile program, constitutes harassment, racism, violence, obscenity, harmful intent, spamming, contains adult content, commits a criminal offence, infringes privacy or copyright or any other questionable media at its own discretion.
16.3 Cre8ive Hashtag reserves the right without notice to cancel, reject, refuse sale to or work with a Client without reason for such rejection or refusal.
16.4 Cre8ive Hashtag reserve the right to cancel the Client’s email access:
(a) if Cre8ive Hashtag receive excessive spam complaints about the Client
(b) it is suspected the Client is using the email account to send spam
(c) Cre8ive Hashtag suspect the Client is using the service to send pornographic, offensive or inappropriate material (d) Invoice payment is not made in accordance with these terms.
16.5 Should the Client go into compulsory or involuntary liquidation or cannot pay its debts in the normal course of business, Cre8ive Hashtag reserves the right terminate the Project.
16.6 Cre8ive Hashtag reserves the right to terminate a Project with the Client at any time without prior notification if it deems the Client to be in breach of these Conditions. Cre8ive Hashtag shall be the sole arbiter in deciding what constitutes a breach. The Client shall not be entitled to refunds of any payments made to Cre8ive Hashtag.
16.7 If the Project is terminated by either party then Cre8ive Hashtag will be entitled to payment for work done to that date. The invoice for such work must be paid by the Client within 30 days of receipt failing which Cre8ive Hashtag shall be entitled to payment of the full price of the Project forthwith.
17.1 Nothing in this Agreement shall be deemed to create a partnership or joint venture or contract of employment of any kind between the parties.
18. Entire Agreement
Each party agrees that this Agreement sets out the entire agreement between the parties and supersedes all previous agreements.
The failure by Cre8ive Hashtag to enforce any of these Conditions at any time or for any period will not release or exonerate or in any way affect the liability of the Client or be a waiver of:
19.1 these Conditions.
19.2 the right of Cre8ive Hashtag at any time afterwards to enforce each and every clause of these Conditions; or
19.3 any penalty attached to their performance.
If any provision of this agreement is prohibited by law or judged by a court to be unlawful, void or unenforceable, the provision shall, to the extent required, be severed from this agreement and rendered ineffective as far as possible without modifying the remaining provisions of this agreement, and shall not in any way affect any other circumstances of or the validity or enforcement of this agreement.
21. Time of the Essence
Throughout the Project, time shall not be of the essence, except where it is expressly stated to apply.
22. Rights of Third Parties
Pursuant to s 1(2)(a) of the Contracts (Rights of Third Parties) Act 1999 the parties intend that no term of this agreement may be enforced by any person who is not a party to this agreement.
This Agreement shall be binding upon the parties and their respective successors and permitted assignees, and references to a party in this agreement shall include its successors and permitted assignees.
24. Governing Law
This Agreement of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of England, Northern Ireland, Scotland and Wales, UK.