Terms and Conditions of provision of goods and services by EDGE Creative Ltd.
© Copyright EDGE Creative 2019 all rights reserved. These conditions are subject to English Law and the exclusive jurisdiction of the English Courts.
EDGE Creative means EDGE Creative Limited.
Design means all aspects of design (graphic or otherwise), Web Site creation, construction and posting on the internet or made available for print.
Name- the name assigned to the client in the relation to the provision of service including any mailbox, web address or social media page.
Client – The person or company ordering the service or goods.
Social Media – this relates to content marketing including all social media platforms (Twitter, Facebook, LinkedIn etc) and blogs.
Duration & Conditions of Service
EDGE Creative cannot guarantee to provide a fault-free service due to the technically complex nature of the Service provided. However all reasonable measures to ensure a fault free service will be taken at all times.
EDGE Creative’s Liabilities and General Powers
EDGE Creative or its suppliers may temporally suspend the Service in order to upgrade, repair or maintain the telecommunications link, hardware or software.
EDGE Creative or its suppliers may alter the technical specification of the service for operational improvements or amendments.
EDGE Creative is not liable for any breach of Contract that is beyond reasonable control including Acts of God, Fire, lightning, explosion, war, disorder, acts of central or local government, acts of Terrorism, industrial disputes, floods or other extreme weather conditions.
The lack of a common browser on the internet means there may be a difference in appearance and performance depending on which browser is used. In addition the settings of individual computers will affect the appearance on screen. EDGE Creative will do everything in its power to maximise access and uniformity, but cannot be held responsible if some computers are unable to view the Website or the sites final appearance on screen.
EDGE Creative is proud of its reputation for careful handling of client’s property, however we cannot accept liability for any loss or damage caused by any services or products supplied by EDGE Creative. Clients are advised to take their own insurance cover for any risk that may be incurred by EDGE Creative’s service.
EDGE Creative shall, under no circumstances whatsoever be liable for any indirect or consequential loss howsoever caused. EDGE Creative’s liability in respect of breach or non-performance of this agreement shall not, under any circumstances, exceed the total value of the products and services offered within this agreement.
The service may be suspended and not restored if the client or any third party:
Sends or receives materials or data that is offensive, abusive, indecent, obscene or menacing: or in breach of confidence, copyright, privacy, or any other rights; or sends material which may cause annoyance, inconvenience or needless anxiety.
Interferes with or disrupts network users, services or equipment including unauthorised entry to any computers on the internet.
The client agrees not to use any Name, Electronic Mail Address, Domain Name, Trademark or Patented name that is in breach of statue or common law or that infringes the rights of the individual or accepted Internet parameters.
EDGE Creative shall accept no liability whatsoever for the transmission or receipt of any information or data of whatever nature of format.
EDGE Creative is not liable in contract or otherwise for loss whether direct or indirect business, revenue or profits, anticipated savings or wasted expenditure, corruption or destruction of data or for any indirect or consequential loss whatsoever.
Inevitably EDGE Creative and its employees will be exposed to information that is confidential to the Customer; EDGE Creative and its employees agree not to disclose such information to any third party, or to use it for any purpose other than to facilitate completion of work under the terms of this agreement.
Software and Intellectual Property Rights
The intellectual Property rights within all the software provided remain the exclusive right of EDGE Creative and its Software providers. The client agrees to comply with all obligations pertaining to these rights. However, the ownership of the website upon satisfactory payment of all related invoices to the build and design of the website, shall revert to the client fully and without compromise.
By placing an order with EDGE Creative the client declares his right to reproduce all materials including all photographs, artwork, copyright text and pictures and any other reproducible materials supplied to EDGE Creative. Any resulting violation of copyright and action brought by a third party will be the liability of the client alone. This includes all photographs, artwork, copyright text.
Rights to Design & Context
The programming source code, initial designs, source media created or designed by EDGE Creative, data base procedures and other technical processes (and intellectual property rights underlying or subsisting in any of the same) remain the property of EDGE Creative, until full payment for the design of the website is received in full at which point ownership of the website, its designs, text and slogans produced by EDGE Creative shall be retained by the client, except where EDGE Creative have created logo’s or designs at the express request of the client and which are not paid for as a separate design service. The client is granted license to reproduce such items solely for the purpose it was originally intended i.e. as an internet site hosted by EDGE Creative. Other to these expressly created items, every item used to create the website which has been supplied remains the property of the client.
All quotes are valid for 30 days from the day the quote is generated. Only written quotes can be seen as “valid offers”. Delivery charges may apply that are not originally quoted and these charges will be made known prior to delivery. It is also accepted by the client that all quotes need amending during larger projects and it is their responsibility to obtain such updated quotes in writing as it commences. Any additions to the original quote agreed upon verbally or in writing between EDGE Creative and the client will be seen a valid and accepted based on the initial acceptance of the quote.
All quotes are subject to our Invoice and Payment Terms as Indicated in our Terms and Conditions.
EDGE Creative reserves the right to amend quotes to meet any rises in costs.
All print orders will be subject to client approval and a signed proof being return to EDGE Creative prior to being sent to print. EDGE Creative will not be liable for any errors not corrected by the client in proofs submitted as approved and sent to print. Once an order had been sent to print cannot be cancelled or amended and therefore payment will be required as originally agreed.
EDGE Creative reserves the right to charge for additional proofs that are required as a result of alterations required by the client.
Website Transfers and FTP details
Should the client wish to transfer their website hosting at a later stage. EDGE Creative will not be liable for any issues that arise or lost content from the date of transfer starts to a new provider.
EDGE Creative is also not liable for issues that arise after FTP access has been given.
EDGE Creative will not be liable for any lost emails or contacts that have not been backed up by the client prior to a switch in provider.
Charges and Payments
On acceptance of a quote EDGE Creative will invoice for monies due for a particular service or goods. Payment will be required 30 days from date of invoice unless otherwise stipulated.
Payments for Website developments will require a deposit and this will be invoiced prior to commencement and payable on receipt with the remaining balance invoiced on phases.
If you do not have a credit account then payment is due on collection or delivery of goods or before the release of any artwork/designs.
EDGE Creative reserves the right to ask for payment upfront for new clients and this will be stated at the time of quote.
Alterations after completion of the Design other than items that can be changed by the client are subject to charges, which will be stipulated at the standard hourly consultation rates. All messengers and carriage are charges extra.
Failure to pay on time in accordance with our terms and conditions may result in EDGE creative withholding supply or publication of existing and future work, and adding compound interest @8.5% above the Natwest base rate per month.
Should it be necessary to chase any outstanding debts through our solicitors all legal expenses will be payable by the client.
All orders are quoted excluding vat but are subject to VAT where applicable in the United Kingdom of Great Britain and Northern Ireland and the European Union at the current rate as decided by the Government of the United Kingdom.
Termination of Services
EDGE Creative can without prior notice fully or partly interrupt, suspend or terminate the service without loss or reduction of rights if the client breaks any part of this agreement.
The client will in any eventuality remain liable for all charges, fees, rates and costs during the period of suspension, any period where the client does not comply fully with the terms and conditions.
Failure by EDGE Creative to insist upon strict performance by the client in accordance with the Terms and Conditions does not in any way lessen or affect the liability of the client under this agreement.
The client may terminate any hosting, email account or domain 30 days before any renewal date of the service by giving written notice to EDGE Creative.
Any termination of Social Media Marketing or Email Marketing must be made in writing giving one months’ notice to cancel.
EDGE Creative will indicate the Website/page was created and supplied by EDGE Creative with a small line of text and graphics plus a link on the clients Website/page. EDGE Creative reserves the right to use details of the service and design in promotional material.
EDGE Creative reserves the right to suspend the client’s use of the service if it is having a detrimental effect upon the service received by any of EDGE Creative’s other clients.
EDGE Creative may when the sites are available promote the contents of a customer’s site in portal based sites it may produce.
While all websites are designed and coding is done by EDGE Creative in rare circumstances programming services may be required from another company or independent contractor. In such cases clients of EDGE Creative are not to hire, employ or enlist the services of the company for a period of 3 years following the completion of the project.
Support when included and unless otherwise agreed explicitly defined otherwise, telephone or remote access support will be provided during “Normal hours of business” 9am – 5pm Monday to Friday excluding all bank holidays in England and at other periods when the business is closed. Unless otherwise specified, site visits or support outside the scope of this agreement will be charged at the “standard Hourly Rate” prevailing at the time. Support requests will only be accepted from nominated Personnel. Changes in the list of nominated Personnel must be notified to EDGE Creative in advance of change.
By signing this agreement you agree to never share any of EDGE Creative’s design, concepts or work with outside designers, businesses or agencies. This will include but not limited to, design concepts, electronic proofs and photography.
By signing this quote or approving an order verbally from EDGE Creative, you acknowledge that you have read, understood and fully agree to the terms and conditions. Any details not included in writing in this agreement are not included in writing in this agreement are not binding upon either party.
For a copy of our terms & conditions, please contact firstname.lastname@example.orgReturn to home