Terms and Conditions
The following Terms & Conditions apply to all website development and design services provided by splinterteal to its Clients. These terms and conditions apply whether or not the Client has accepted them in writing. The Client is deemed to have read them in full and accepted them by requesting a quotation from splinterteal.
splinterteal will lay out the charges for individual charges in the form of a written quotation, usually provided by email. All quotations are valid for up to 30 days, following which they may need to be reviewed.
Unless otherwise agreed, all website design services will require an advance payment in the form of a deposit, before the work is supplied to the Client for review. A second charge will be required following the development stage, with the balance due on completion of the work, and prior to upload to the server or release of materials.
Please make payment for services by direct bank transfer cheque or bank transfer. Bank details will be made available on invoices. If you wish to pay be cheque this can be arranged.
Turnaround Time and Content
Following initial payment, splinterteal will begin work on the Client’s project to an agreed timeframe. splinterteal will make every effort to complete the project to the agreed specifications by an agreed date, and commits to advising the Client of any unforeseen delays at the earliest opportunity. If either party requests a delay in the project this must be agreed in writing.
The Client agrees to provide a single primary point of contact to enable splinterteal to complete the project in a timely and satisfactory method.
splinterteal will advise the Client exactly what materials such as website content including text, images and video files, are needed for the project’s completion, and when they are due by. The Client accepts that delays in the provision of this content may delay completion of the overall project and may incur either a surcharge of up to 25% of the full project quotation (to account for other work that splinterteal may have had to reject in order to focus on the Client’s project) or cancellation of the entire project.
Where a Client’s project requires any Search Engine Optimisation (SEO) then text content must be provided in advance of this stage. splinterteal will need the text content for your site in advance so that the SEO can be planned and completed efficiently.
Note that text website content must be delivered as a Microsoft Word, email (or similar) document with distinct pages in this document representing the content of the relevant pages on your website. For best practise, these pages ought to have the same titles as the agreed website pages.
All Clients are offered the chance to review the appearance and content of the website during the design phase, and a second time once the website development is completed, to provide feedback and have any questions answered. Unless the Client advises splinterteal otherwise in writing within 10 days of project completion, it will be understood that these materials have been accepted.
splinterteal will provide Client with an invoice upon project completion, but before publishing the live website. Invoices are normally sent via email, but hard copy invoices can also be sent if required. Invoices are due for payment upon receipt. Without written agreement from splinterteal, any accounts that are unpaid thirty (30) days after the date of the invoice will invoke a service charge of either 1.5% of the total amount due, or £50 per month.
Further, the Client agrees to reimburse splinterteal in full for any additional expenses necessary for the completion of the project. Examples would be purchase of special fonts, stock photography etc. splinterteal for its part will advise the client before any purchase with an estimate of cost.
Note that accounts which remain unpaid after 30 days following the date of invoice will be considered in default. If the Client in default has any information or files on splinterteal’s web space, splinterteal reserves the right remove any and all such material at its discretion, and accepts no responsibility for any loss of data incurred during this process.
Note that removal of any such material whether in full or part does not relieve Client of the obligation to pay any outstanding charges on its account. Any cheques that have bounced will incur a return charge of GBP£25.00, and the Client's account will immediately be considered to be in default until full payment is received.
Clients with accounts in default agree to pay splinterteal reasonable expenses such as legal fees and costs for collection by third-party agencies, incurred while enforcing these Terms and Conditions. Further, the Client accepts that at splinterteal’s discretion, work on the project may be postponed until the Client’s account is no longer in default.
Termination of Services
Termination of services by the Client must be requested in writing, and will be effective from receipt of such notice. splinterteal will invoice the Client any work completed to the date of first notice of cancellation for payment in full within 30 days, in addition to any extra expenses incurred (see Payment Section).
Services provided by splinterteal may be used for lawful purposes only. The Client agrees to indemnify and hold splinterteal harmless from any claims that may result from the Client’s use of splinterteal’s service that damages the Client or any other party.
It is agreed that the Client will retain the copyright to any and all data, files and graphic logos that it provides, and furthermore grants splinterteal the rights to publish and use such material. The Client must obtain permission and rights to use any information or files that are copyrighted by a third party, and is responsible for granting splinterteal permission and rights for use of same, agreeing to indemnify and hold harmless splinterteal from any and all claims resulting from the Client's negligence or inability to obtain proper copyright permissions. By entering into a contract for web design and/or placement, the Client provides a guarantee to splinterteal that it has obtained all necessary permissions and authorities, and will display evidence of such if requested.
splinterteal designs websites to work with the most popular current browsers (e.g. Google Chrome, Firefox, Internet Explorer 8 & 9, Edge, Opera, etc) but the Client accepts that splinterteal cannot guarantee full correct functionality with all browser software across different operating systems. As such, not all website visitors may have the same user experience.
splinterteal accepts no responsibility for web pages which do not display acceptably in new versions of browsers released after the website have been designed and passed to the Client. Consequently, the Client is advised that any further work required to change the website design or code for it to work with updated browser software will be charged.
Note that splinterteal accepts no responsibility for any alterations by a third party, such as additions, deletions or modifications, which occur to the Client's pages once it has been installed.
Standard Media Delivery
Unless otherwise specified in the quotation, this agreement between the Client and splinterteal assumes that any text will be provided by the Client in electronic format (ASCII text files delivered on removable drive, or via e-mail or FTP) and that all images and other graphics will be provided physically in high quality print suitable for scanning, or electronically in .gif, .jpeg, .png or .tiff format. splinterteal acknowledges it will make every reasonable attempt to return such materials to the Client (if required) but is unable to guarantee this.
Unless agreed otherwise, a link to splinterteal’s website will appear in either small type or by a small graphic at the bottom of the Client's website. If a graphic has been used then it will be designed to fit naturally in with the overall site design so as not to be obtrusive. The Client may prefer that the design credit not be added, or be removed. The Client also agrees for its website to be presented in splinterteal's portfolio unless otherwise requested.
If the Client's website is to be installed on a third-party server, then splinterteal will need to be granted temporary read/write access to the Client's storage directories, which must be accessible via FTP. Other resources may have to be configured on the server depending on the nature of the project.
If required, splinterteal can buy domain names on behalf of the Client. It is acknowledged that payment for and renewal of those domain names is the sole responsibility of the Client. splinterteal accepts no responsibility for the loss, cancellation or otherwise of the domain caused by either by non- or late payment.
These Terms and Conditions supersede any and all previous representations, understandings or agreements between the Client and splinterteal. Further, either the Client's signature below, or payment of an advance fee (see Charges section) is taken to constitute agreement to and acceptance of these Terms and Conditions. Payment online is an acceptance of our terms and conditions.
This Agreement shall be governed by English Law.
splinterteal hereby excludes itself, its Employees and / or Agents from any and all 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 the Client's' artwork/photos, supplied for the site. (This is Immaterial whether the loss or damage results from negligence or otherwise)
The total liability of splinterteal to the Client in respect of any claim whatsoever, or breach of this agreement, whether or not arising from negligence, will be limited to the charges paid for the services under the agreement.
Should any one or more of the provisions of this Agreement be held to be invalid, illegal or unenforceable, then the remaining provisions of this Agreement shall be unimpaired and the Agreement shall not be void for this reason alone.
If you have questions about these Terms & Conditions, please email splinterteal or use the contact form.
These Terms & Conditions are effective as of October 18, 2018.