STANDARD WEBSITE TERMS & CONDITIONS/SERVICE AGREEMENT

The following terms and conditions apply to all website development and/or design services provided by clutterbuck.digital Web Design.

clutterbuck.digital Web Design enter into this agreement in good faith with the client.

Should you require any clarification of these terms and conditions at the start of our contractual agreement as set out below please e-mail us immediately at contact@clutterbuck.digital. Failure to do so will imply that the Client fully understands and agrees to these terms and conditions at the time of entering into them.

Last update: 25th November 2020.

1. Acceptance.

It is not necessary for any Client to have signed an acceptance of these terms and conditions for them to apply. If a Client accepts a quote from clutterbuck.digital Web Design then the Client will be deemed to have satisfied themselves as to the terms and conditions applying and have accepted these terms and conditions, and the service agreement in full.

These terms and conditions will be provided to the client via an e-mail hyperlink via the clutterbuck.digital website where they are electronically held. Should you require a hard copy for your records please e-mail contact@clutterbuck.digital.

Please read these terms and conditions carefully. Any purchase or use of our services implies that you have read, understood and accepted our terms and conditions.

2. Charges.

Charges for services to be provided by clutterbuck.digital Web Design are defined in the website quotation that the Client receives via e-mail and/or in writing (where requested).

Quotations are valid for a period of 60 days from the date of the e-mail or written quotation (where requested). clutterbuck.digital Web Design reserves the right to alter or decline to provide a quotation after expiry of the 60 days.

Unless agreed otherwise with the Client, all website design services require an advance payment of a minimum of ten (10) percent or £125, whichever is greater, of the project quotation total before the work is supplied to the Client for review with the remaining ninety (90) percent, or quotation less £125 deposit, of the project quotation total due upon completion of the work, or after 31 days from the initial payment, whichever is sooner, but prior to upload of the website to the server or release of materials.

Payment for services is via bank transfer only. Banking details will be made available on invoices or prior to clutterbuck.digital Web Design commencing work on your project via e-mail.

3. Client Review.

clutterbuck.digital Web Design will provide the Client with an opportunity to review the appearance and content of the website during the design phase and once the overall website development is completed. At the completion of the project, such materials will be deemed to be accepted and approved unless the Client notifies clutterbuck.digital Web Design otherwise within ten (10) days of the date the materials are made available to the Client.

4. Turnaround Time and Content Control.

clutterbuck.digital Web Design will install and publicly post or supply the Client’s website by the date specified in the project proposal, or at date agreed with Client upon clutterbuck.digital Web Design receiving initial payment, unless a delay is specifically requested by the Client and agreed by clutterbuck.digital Web Design.

In return, the Client agrees to delegate a single individual as a primary contact to aid clutterbuck.digital Web Design with progressing the construction of the website in a satisfactory and expedient manner.

During the project, clutterbuck.digital Web Design will/may require the Client to provide website content; text, images, videos and sound files etc. to populate the website.

NOTE: Text content should be delivered as a Apple Pages, Microsoft Word, email (or similar) document with the pages in the supplied document representing the content of the relevant pages on your website. These pages should have the same titles as the agreed website pages. Contact us if you need clarification on this.

5. Failure to provide required website content.

clutterbuck.digital Web Design is a small business, to remain efficient we must ensure that work we have is carried out at the scheduled time.

On occasions we may have to reject offers for other work and enquiries to ensure that your work is completed at the time arranged.

This is why we ask that you provide all the required information at least one (1) week prior to the agreed completion date. On any occasion where progress cannot be made with your website because we have not been given the required information in the agreed time frame, and we are delayed as result, we reserve the right to impose a surcharge of up to 25%.

If your project involves Search Engine Optimisation we need the text content for your site agreed in advance so that the SEO can be planned and completed efficiently.

If you agree to provide us with the required information and subsequently fail to do so before the agreed time, one (1) week prior to the project completion date we reserve the right to close the project and the balance remaining becomes payable immediately.

6. Website content edits and changes.

clutterbuck.digital Web Design agree to make updates and/or edits to any site content inline with the edits package purchased by the client.

Edits packages will be agreed with the client based on an assessment of their needs during our initial client consultation.

Edits include any updates to text, images & any other content of the website.

Edits packages available:

None - Static websites that will not need altering once online.

PAYG (Pay as you go) - clutterbuck.digital Web Design may negotiate a pay as you go option with clients where deemed suitable for the clients business and the website type.

Edits Essential* - Up to 2 website edits per month.

Edits Plus* - Up to 5 website edits per month.

Edits Premier* - Unlimited website edits. (Fair usage limits apply**)

*The client agrees to pass edits to clutterbuck.digital Web Design on a monthly basis all in one go via e-mail.

**Fair usage is more than regularly exceeding 3 hours of web design work per month.

In the unlikely event the website needs editing due to an error on the part of clutterbuck.digital Web Design, no fees will be payable and this will not affect any edits package that you have purchased.

NOTE: Text content should be delivered as a Apple Pages, Microsoft Word, email (or similar) document with the pages in the supplied document representing the content of the relevant pages on your website. These pages should have the same titles as the agreed website pages. Contact us if you need clarification on this.

7. E-mail accounts.

@yourbusinessname e-mail accounts can be set up on the clients behalf for an additional yearly fee. E-mail accounts are provided via Microsoft Office 365© & the Outlook© App. We strongly recommended that you use a strong password on all e-mail accounts, along with two factor authentication and the Microsoft authenticator app that is available from your App Store. E-mail security is the sole responsibility of the client & clutterbuck.digital Web Design accepts no liability for breaches of any e-mail account that they have set up on your behalf.

8. 24/7 Website Support.

clutterbuck.digital Web Design offers telephone support services during normal office hours. 24/7 support is available by e-mailing contact@clutterbuck.digital outside of these times.

9. Payment.

Invoices will be provided by clutterbuck.digital Web Design upon completion but before publishing the live website. Invoices are normally sent via email; however, the Client may choose to receive hard copy invoices. Invoices are due upon receipt. Accounts that remain unpaid thirty (30) days after the date of the invoice will be assessed a service charge in the amount of the higher of twenty percent (20%) or £30 per month of the total amount due, whichever is greater.

10. Additional Expenses.

clutterbuck.digital Web Design works on the basis of the final quote you are given is the price you’ll pay. Should you require any further services on top of this we will negotiate a separate agreement with the customer for such services.

11. Web Browsers.

clutterbuck.digital Web Design makes every effort to ensure websites are designed to be viewed by the majority of visitors on mobile and tablet devices. Websites are designed to work with the most popular current browsers (e.g. Firefox, Microsoft Edge, Google Chrome, Safari etc.). The client agrees that clutterbuck.digital Web Design cannot guarantee correct functionality with all browser software across different operating systems and where any browsers may not be up to date.

clutterbuck.digital Web Design cannot accept responsibility for web pages which do not display acceptably in obsolete versions or new versions of browsers released after the website has been designed and hosted online.

As such, clutterbuck.digital Web Design reserves the right to quote for any work involved in changing the website design or website code for it to work with newly released or updated internet browser software.

12. Default.

Accounts unpaid thirty (30) days after the date of invoice will be considered in default.

If the Client in default maintains any information or files on clutterbuck.digital Web Design’s web space, clutterbuck.digital Web Design will, at its discretion, remove all such material from its web space. clutterbuck.digital Web Design is not responsible for any loss of data incurred due to the removal of service. Removal of such material does not relieve the Client of the obligation to pay any outstanding charges assessed to the Client’s account.

Clients with accounts in default agree to pay clutterbuck.digital Web Design reasonable expenses, including legal fees and costs for collection by third-party agencies, incurred by clutterbuck.digital Web Design in enforcing these Terms and Conditions.

13. Termination.

Termination of services by the Client must be requested in a written notice or email and will be effective on receipt of such notice or expiration of the yearly contract. Telephone requests for termination of services will not be honoured until and unless confirmed in writing or email. The Client will be invoiced for design work completed to the date of first notice of cancellation for payment in full within thirty (30) days. Refunds will not be made for early termination.

To cancel please e-mail contact@clutterbuck.digital.

clutterbuck.digital Web Design will provide you with 30 days notice of any contract cancellation. Should clutterbuck.digital Web Design cancel any contract where the client is not at default, we agree only in this specific circumstance to refund a percentage of the contract not fulfilled.

clutterbuck.digital Web Design reserves the right to cancel this contract where the client does not fulfil the terms set out in this contract.

14. Renewal.

clutterbuck.digital Web Design will contact you prior to your renewal date to quote for a further years contract renewal, quoting current market fees for such. The client will have until seven (7) days prior to this date to renew the contract for a further year or to cancel the contract. Upon cancellation all websites will cease to exist online.

15. Indemnity.

All clutterbuck.digital Web Design services may be used for lawful purposes only. You agree to indemnify and hold clutterbuck.digital Web Design harmless from any claims resulting from your use of our service that damages you or any other party.

16. Copyright.

The Client retains the copyright to data, files and graphic logos provided by the Client, and grants clutterbuck.digital Web Design the rights to publish and use such material.

clutterbuck.digital Web Design will only ever supply content to your website for which we, clutterbuck.digital Web Design hold the copyright and/or license.

We assume that any content supplied by the client they have sought, own or have licensed the copyright. The client must obtain permission and rights to use any information or files that are copyrighted by a third party.

The Client is further responsible for granting clutterbuck.digital Web Design permission and rights for use of the same and agrees to indemnify and hold harmless clutterbuck.digital Web Design from any and all claims resulting from the Client’s negligence or inability to obtain proper copyright permissions.

A contract for website design and/or placement shall be regarded as a guarantee by the Client to clutterbuck.digital Web Design that all such permissions and authorities have been obtained. Evidence of permissions and authorities may be requested, but not necessarily required.

17. Standard Media Delivery.

Unless otherwise specified in the project quotation, this agreement assumes that any text will be provided by the Client in electronic format (text files delivered on USB drive or via e-mail or FTP) and that all photographs and other graphics will be provided in .gif, .jpeg, .png or .tiff format.

Although every reasonable attempt shall be made by clutterbuck.digital Web Design to return to the Client any images or printed material provided for use in creation of the Client’s website, such return cannot be guaranteed.

18. Design Credit.

A link to clutterbuck.digital Web Design will appear in either small type or by a small graphic at the bottom of the Client’s website. If a graphic is used, it will be designed to fit in with and be sympathetic to the overall site design.

If a client requests that the design credit be removed, a nominal fee of 20% of the total development charges will be applied. When total development charges are less than £500, a fixed fee of £100 will be applied.

The Client also agrees that the website developed for the Client may be presented in clutterbuck.digital Web Design’s portfolio and/or feature online at www.clutterbuck.digital or on our social media channels for marketing purposes.

19. Third parties.

clutterbuck.digital Web Design will use accredited third party suppliers for some services. clutterbuck.digital Web Design will have legal agreements in place for use of their services and copyrights where applicable, an undefined percentage of your fees are charged to fulfil these contracts on your behalf. There is no specific or additional payment required on behalf of the client for our use of these services on your website. Third parties may include but not be limited to the following - Web hosting servers, e-mail hosting providers, stock image providers, website security certificate providers, styling and web font suppliers etc.

By this we mean that we take every reasonable step to have taken into account any legal requirement for payment or copyright for any content or service that we provide to your website as part of our service agreement to the client.

20. Domain Names.

clutterbuck.digital Web Design can purchase domain names on behalf of the Client. Payment and renewal of those domain names is the responsibility of clutterbuck.digital Web Design. The loss, cancellation or otherwise of the domain brought about by non or late payment by the client is not the responsibility of clutterbuck.digital Web Design. The Client should keep a record of the due dates for payment to ensure that payment is received in good time.

21. Intellectual Property and Continued Service.

The online content of the website will be the intellectual property of clutterbuck.digital Web Design. Upon cancellation or failed payment of any agreed fees or payments the website will cease to exist online and the website domain name address will be made available to the owner to purchase through another domain name registration service. clutterbuck.digital Web Design agree to make every effort to ensure the smooth transfer of any expired domain names where possible. But will not be held liable for any delays of third parties.

22. Website up or downtime.

clutterbuck.digital Web Design expect your website to be online at all times or at least 99% of the time. clutterbuck.digital Web Design will only remove your website for essential maintenance purposes. We work with reputable website server suppliers with excellent records for up time. We do however not accept any liability for down time caused by a third party or supplier.

23. General.

These Terms and Conditions supersede all previous representations, understandings or agreements. The Client’s acceptance via email, text or payment of an advance fee constitutes agreement to and acceptance of these Terms and Conditions. Payment online is an acceptance of our terms and conditions.

24. Governing Law.

This Agreement shall be governed by English Law.

25. Liability.

clutterbuck.digital Web Design hereby excludes itself, its Employees and or Agents from all and any liability from:

Loss or damage caused by any inaccuracy;

Loss or damage caused by omission;

Loss or damage caused by delay or error, whether the result of negligence or other cause in the production of the web site;

Loss or damage to clients’ artwork/photos, supplied for the site. Immaterial whether the loss or damage results from negligence or otherwise.

The entire liability of clutterbuck.digital Web Design to the Client in respect of any claim whatsoever or breach of this Agreement, whether or not arising out of negligence, shall be limited to the charges paid for the Services under this Agreement in respect of which the breach has arisen.

26. Severability.

In the event any one or more of the provisions of this Agreement shall be held to be invalid, illegal or unenforceable, the remaining provisions of this Agreement shall be unimpaired and the Agreement shall not be void for this reason alone. Such invalid, illegal or unenforceable provision shall be replaced by a mutually acceptable valid, legal and enforceable provision, which comes closest to the intention of the parties underlying the invalid clause.


Should you require any clarification on any of the points held herein, please contact clutterbuck.digital for clarification by e-mail using the link below.


E-MAIL