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Terms & Conditions of Business

By placing an order with CoffeehouseDigital Design Limited you confirm that you are in agreement with and bound by the terms and conditions below.

Definitions.

The Client: The company or individual requesting the services of CoffeehouseDigital.

CoffeehouseDigital: CoffeehouseDigital Design Limited –  the primary designer/company owner & employees, contractors or affiliates.

General.

CoffeehouseDigital will carry out work only where an agreement is provided either by email, telephone or mail. An ‘order’ is deemed to be a written or verbal contract between CoffeehouseDigital and the client; this includes telephone and email agreements.

Artwork and Development Source Files.

While usage rights of the end products delivered to the Client are Clients to exploit (dependent on the terms and conditions relative to any third party stock imagery or footage that may be incorporated into the designs), the intellectual property rights of all source files will remain with CoffeehouseDigital unless otherwise specified in a written proposal.

Web Hosting.

Shared Web hosting packages are provided on an annual basis and VPS and Dedicated server hosting packages are provided on a quarterly basis, unless agreed otherwise in writing. Hosting packages are invoiced 30 days in advance of the hosting period.

We require 30 days written notice, by post or email, prior to commencement of the hosting period for service cancellation.

CoffeehouseDigital reserves the right to change prices of the Service upon 30 days notice. CoffeehouseDigital reserves the right to change features of the Service at any time.

CoffeehouseDigital has no obligation to monitor the services, but may do so and disclose information regarding use of the services for any reason if CoffeehouseDigital Design Limited, in its sole discretion, believes that it is reasonable to do so, including to: satisfy laws, regulations, or governmental or legal requests; operate the Service properly; or protect itself and its customers. CoffeehouseDigital may immediately remove your material or information from CoffeehouseDigital’s servers, in whole or in part, which CoffeehouseDigital, in its sole and absolute discretion, determines to infringe another’s property rights or to violate our Acceptable Use Policy or other policies or laws.

Due to the wide range of hardware and software configurations and compatibility, it may not be possible for CoffeehouseDigital to provide technical support for your current set of products or services. In certain circumstances, it may be necessary to refer you to the manufacturer of your hardware or software vendor for technical support of their products. CoffeehouseDigital will provide support on a best efforts basis and will restrict any support purely to issues relating directly to CoffeehouseDigital products and services.

Website Design.

Whilst every endeavour will be made to ensure that the website and any scripts or programs are free of errors, CoffeehouseDigital cannot accept responsibility for any losses incurred due to malfunction, the website or any part of it.

The website, graphics and any programming code remain the property of CoffeehouseDigital until all outstanding accounts are paid in full.

CoffeehouseDigital cannot take responsibility for any copyright infringements caused by materials submitted by the client. We reserve the right to refuse any material of a copyrighted nature unless adequate proof is given of permission to use such material.

Where provided, a design approval sign off supersedes any visual, structural or functional specification presented as part of a proposal.

Subsequent requests for modifications to the visual design, structure or functionality that differs to a material extent from the contents of the proposal may result in additional costs and extended schedule.

Any part of the Client’s website published on a public website will be deemed to have been accepted and payment will become due from the date of publication.

After a site is published all further work is charged at CoffeehouseDigital’s standard hourly rate unless otherwise agreed or it is subject to a new quotation or support agreement.

Copy and images for site content insertion will only be accepted in the format specified by CoffeehouseDigital.

Any additional work required by CoffeehouseDigital to correct copy provided in another format will be charged at the standard hourly rate.

If the Client has committed to provide text and images or other content assets for the site by an agreed date, and fails to do so, CoffeehouseDigital reserves the right to stop work on the site and charge for the full cost of work done to date.

If the Client fails to review work by the dates set out in the project schedule (which will be agreed by both parties in the initial stages of the project) then the launch date of the project will be set back in line with any delay.

If the Client fails to review work by the dates set out in the project schedule (which will be agreed by both parties in the initial stages of the project) and has not notified CoffeehouseDigital prior to the deadline expiry or responded to communication from CoffeehouseDigital within 72 hours of the deadline expiry to agree a new project schedule, CoffeehouseDigital reserves the right to stop work on the site and charge for the full cost of work done to date.

Any additions to the brief will be carried out at the discretion of CoffeehouseDigital and where no charge is made by CoffeehouseDigital for such additions, CoffeehouseDigital accept no responsibility to ensure such additions are error free and reserve the right to charge an according amount for any correction to these or further additions.

The client agrees to make available as soon as is reasonably possible to CoffeehouseDigital all materials required to complete the site to the agreed standard and within the set deadline.

CoffeehouseDigital will not be liable for costs incurred, compensation or loss of earnings due to the failure to meet agreed deadlines.

CoffeehouseDigital will not be liable or become involved in any disputes between the site owner and their clients and cannot be held responsible for any wrongdoing on the part of a site owner.

CoffeehouseDigital will not be liable for any costs incurred, compensation or loss of earnings due to the work carried out on behalf of the client or any of the clients appointed agents.

CoffeehouseDigital will not be liable for any costs incurred, compensation or loss of earnings due to the unavailability of the site, its servers, software or any material provided by its agents.

Once a website has been designed and completed the final balance of payment is then due in accordance with our payment terms. There are no exceptions to this, i.e If the client decides they no longer want the site, as they have commissioned the work and paid a deposit they are still obliged to pay for the work that has been done. Non payment will result in legal action being taken if necessary.

Payment of Accounts.

Quotations are valid for 30 days from the date of quotation.

CoffeehouseDigital may request a purchase order before commencing any work.

All costs exclude VAT (unless otherwise stated).

We cannot be held responsible for third party costs and CoffeehouseDigital may request payments on account to cover any costs that third parties charge for their services.

CoffeehouseDigital will charge at the standard hourly rate for all additional work provided for the Client that is not included in the agreed proposal, requirements, technical specification or quotation.

It is the CoffeehouseDigital policy that any outstanding accounts for work carried out by CoffeehouseDigital or its affiliates are required to be paid in full, no later than 30 days from the date of the invoice unless by prior arrangement with CoffeehouseDigital.

A deposit of 30% will be required before any design work will be carried out.

Once a deposit is paid and work completed the client is obliged to pay the balance of payment in full.

We will contact clients via email and telephone to remind them of such payments if they are not received when due.

If accounts are not settled or CoffeehouseDigital have not been contacted regarding the delay, access to the related website may be denied and web pages removed, we will then pass such cases to the Small Claims Court to pursue payment, non payment can result in county court judgements (CCJs) being added to the client’s credit rating.

Following consistent non payment of an invoice our Solicitors will contact the client in question, with a view to taking the matter further and if need be to seek payment through legal procedures, and if necessary court summons.

CoffeehouseDigital reserves the right to claim statutory interest at 8% above the Bank of England base rate at the date the debt becomes overdue in accordance with the Late Payment of Commercial Debts (Interest) Act 1998.