Our Trading Name – Isle Creative
The following Terms & Conditions relate to the services provided by Isle Creative, a trading name of WebCentriX Ltd, any reference to Isle Creative or Isle in turn refers to WebCentriX Ltd, all invoices and bank payments will be sent under the name WebCentriX Ltd and will appear on your bank statements as such.
We have additional terms and policies relating to:
Account & Service Setup
Website Maintenance
Website Hosting
Email Hosting
Definitions
Terms: The Terms of Business specified in this document.
Isle Creative: A trading name of WebCentriX Ltd, an online digital marketing agency specialising in website design. WebCentriX Limited is registered in England & Wales, company number 07957490.
Client: The individual or company commissioning the SERVICES.
Services: The work provided by ISLE CREATIVE as described on the PROPOSAL.
Proposal: The description, and anticipated pricing where applicable, of the SERVICES to be provided to the CLIENT. This may take the form of a written document, email or written correspondence, submission of an enquiry form or order form on the Isle Creative website, or verbal conversation.
Mileage: Billed at current HMRC approved mileage rates. Distances are calculated from postcode CT9 1LH.
Unless otherwise stated in the PROPOSAL, the following standard TERMS apply. They are intended to protect both the CLIENT and ISLE CREATIVE and to ensure that the working relationship is open and honest for both parties.
1. Authorisation
All work is carried out by ISLE CREATIVE on the understanding that the CLIENT has agreed to these TERMS. The CLIENT may indicate their acceptance of the PROPOSAL and these TERMS either by a signed agreement in writing; accepting a PROPOSAL online; a confirming email; or by paying a deposit for work outlined in the PROPOSAL.
The CLIENT hereby authorises ISLE CREATIVE to carry out the SERVICES and access any information required in order to do so, for example accessing a web hosting account. Unless otherwise stated on the PROPOSAL, the CLIENT authorises ISLE CREATIVE to upload any files to the World Wide Web in order to provide the SERVICES; and to submit a completed website to internet search engines unless stated otherwise in the PROPOSAL.
2. Warranties
ISLE CREATIVE represents and warrants to the CLIENT that it has the experience and ability to perform the SERVICES; that it will perform said SERVICES in a professional, competent and timely manner; and that its performance under these TERMS shall not infringe upon or violate the rights of any third party or violate applicable legislation.
The CLIENT represents and warrants to ISLE CREATIVE that it has the power to enter into an agreement with ISLE CREATIVE; that it is solely responsible for any information added to a website as part of the SERVICES; and that its performance under these TERMS shall not infringe upon or violate the rights of any third party or violate applicable legislation.
3. Proposals & pricing
Proposals and Estimates are valid for thirty days from the date on the proposal document. All prices quoted may be subject to change after this period.
ISLE CREATIVE will usually provide a fixed quote for the work. If it is not possible to accurately predict the amount of work in advance then ISLE CREATIVE will quote a maximum price. The final bill will be less than or equal to the maximum price agreed. ISLE CREATIVE will not exceed the agreed quote without prior approval from the CLIENT.
ISLE CREATIVE may agree to charge an agreed hourly rate for a piece of work. Billable time will be rounded to the nearest 15 minutes, minimum half hour per task. If the SERVICES are carried out under an ongoing support plan then the minimum time per task reduces to 15 minutes.
All prices quoted are based on ISLE CREATIVE’s current understanding of the CLIENT’s requirements, as described in the PROPOSAL. Any changes to these requirements may affect the price.
The PROPOSAL will list the exact specification of the work and the specific SERVICES to be provided.
4. Conceptualising
Conceptualising is the process of producing website and design concepts for CLIENTS. Concepts can include site mock ups, graphics and design proposals. Although very rarely needed, included within your estimate are three revisions of your chosen concept; should you not be able to refine your desired look within these three revisions ISLE CREATIVE reserves the right to charge for additional concepts and revisions.
5. Website software
Unless otherwise specified in the PROPOSAL, the SERVICES will be provided using the WordPress content management platform.
The PROPOSAL will state whether a custom design will be commissioned or whether ISLE CREATIVE will purchase and install a premium WordPress theme.
If a premium WordPress theme is used then ISLE CREATIVE will set it up using its standard features. Any theme customisation to be made under the SERVICES will be listed on the PROPOSAL.
Unless otherwise specified in the PROPOSAL, ISLE CREATIVE will select and install appropriate plugins to be installed on the website.
6. Website standards and interoperability
The PROPOSAL will list the specific standards that the SERVICES will adhere to, for example W3C or DDA Compliance.
Unless otherwise specified in the PROPOSAL, the SERVICES will be optimised for all modern web browsers plus Internet Explorer 10 and above. If more than 6 months elapses (for any reason) between the PROPOSAL being accepted and the SERVICES going live, then ISLE CREATIVE reserves the right to change the requirements relating to software compatibility – for example by changing the earliest version of Internet Explorer or PHP that will be optimised for. The new requirements will be described in an updated version of these TERMS.
7. Domain names
If stated on the PROPOSAL, ISLE CREATIVE will register one or more domain names on behalf of the CLIENT. ISLE CREATIVE will suggest appropriate domain names and check their availability. A domain name’s availability during the initial stages of the project does not guarantee it will still be available at the time of registration.
The chosen domain name will be registered using the CLIENT’s contact details and will be owned by the CLIENT. ISLE CREATIVE will manage the domain name registration and renewal on behalf of the CLIENT. At no time will ISLE CREATIVE hold any rights over the domain name.
Alternatively, the CLIENT may request that ISLE CREATIVE manages the transfer of an existing domain name owned by the CLIENT. This will be quoted for separately.
8. Materials provided by the CLIENT
Text
If specified in the PROPOSAL, ISLE CREATIVE will write any text to be displayed on the website, which the CLIENT is required to approve. The CLIENT must provide sufficient information, for example in the form of detailed verbal information, written notes, brochures, leaflets or information from other relevant websites.
Where the PROPOSAL states that the CLIENT will provide the text, ISLE CREATIVE reserves the right to proofread and edit it for the purpose of making it suitable for web use and attractive to search engines. The CLIENT can request amendments to any changes made to the text by ISLE CREATIVE when approving the draft website.
Images
ISLE CREATIVE will use images provided by the CLIENT if they are of sufficient quality. Photographs must be provided electronically. ISLE CREATIVE reserves the right to graphically enhance images and save them into a format suitable for online use.
If specified on the PROPOSAL, ISLE CREATIVE will select appropriate images for the website which are freely available for commercial use.
9. Web hosting
Currently we offer three standard web hosting packages that should suit all but the most demanding of websites, should you have requirements of more server resources than we can provide via our standard packages we will assist in either building a custom solution or recommending a suitable third party provider.
Projects not hosted by ISLE CREATIVE
Note: This section is not applicable to ISLE CREATIVE hosted Isle Hive services.
Where possible, ISLE CREATIVE will host work on our servers free of charge during the development phase.
If the CLIENT wishes for development work or a completed website to be hosted on their own servers then this might incur additional work for ISLE CREATIVE, for example if there are issues with the server setup. The PROPOSAL assumes that the CLIENT uses a standard Linux-based web host that is suitable for hosting WordPress websites and that full FTP and control panel access will be available. If any unforeseen issues with the CLIENT’s web host are discovered then the additional time will be notified in advance and charged separately.
Full payment must normally be made before ISLE CREATIVE will hand over files to be hosted on the CLIENT’s server or web host. The exact payment arrangements will be described on the PROPOSAL.
10. Additional costs
Additional services requested during the project
The CLIENT agrees to pay the additional fees for any work not described in the PROPOSAL that the CLIENT requests during the course of the project. This will be quoted for in advance.
Additional expenses
The CLIENT agrees to reimburse ISLE CREATIVE for any additional expenses necessary for the completion of the SERVICES. An example of this might be work required due to unforeseen difficulties or fees incurred in obtaining access to the CLIENT’s domain name, or additional meetings and travel time that were not previously quoted for. Additional expenses will be charged at the agreed price plus expenses.
11. Completion date
ISLE CREATIVE will book in the work and provide a predicted completion date once the CLIENT has accepted the PROPOSAL and paid any initial deposit. Any completion date should be viewed as an estimate.
The completion date is dependent on the CLIENT providing any information that is required in order for ISLE CREATIVE to complete the work. If there are unforeseen delays in receiving this information then ISLE CREATIVE will re-book the work and provide a new completion date, based on ISLE CREATIVE’s current availability.
ISLE CREATIVE cannot be held responsible for any delays, whatever the cause.
12. Cancellation
Cancellation of new SERVICES
Prior to the CLIENT’s final approval of the draft SERVICES, each party reserves the right to terminate their agreement at any time. ISLE CREATIVE shall have the right to bill pro rata for work completed up to and including the date of that request, plus any expenses incurred, while reserving all rights under these TERMS and to the work.
If the CLIENT cancels the SERVICES then any deposit will not normally be refundable.
Cancellation of ongoing services
Any ongoing SERVICES provided by ISLE CREATIVE can be cancelled by the CLIENT at any time, except SERVICES where a minimum contract period still applies.
The CLIENT must give ISLE CREATIVE at least 14 days’ notice either in writing or by email. The CLIENT shall not be entitled to a refund for any part of a month or year for SERVICES yet to be provided which have been paid in advance.
If the CLIENT is cancelling the website hosting or domain name registration service (e.g. the CLIENT wishes to move the website to a different web host) then ISLE CREATIVE will release and hand over all website files or will assist in transferring the domain name. Extra work will be required to separate a Isle Hive Website from ISLE CREATIVE’s infrastructure. This will be quoted for as a fixed cost, plus any additional expenses.
If ISLE CREATIVE wishes to cancel any ongoing service provided to the CLIENT then they may do so at any time but must give the CLIENT at least 14 days’ notice in writing or by email.
13. Approval of work
The CLIENT is responsible for approving the work provided under the SERVICES. Once the CLIENT had indicated their approval of part or all of a project, any subsequent changes that they request may be chargeable. For example, if the CLIENT approves the visuals for a bespoke website design and ISLE CREATIVE commences the development work on this basis, then ISLE CREATIVE will quote separately for any further changes that the CLIENT requests to the design.
Bug fixes and other issues
ISLE CREATIVE will ensure that the SERVICES meet the requirements described in the PROPOSAL to the best of its ability. The CLIENT is responsible for checking the work and providing any feedback before it is formally approved and handed over to the CLIENT.
If the CLIENT raises any issues with ISLE CREATIVE’s work within 6 months of it being handed over to the CLIENT then this will be fixed free of charge (e.g. bug fixes). ISLE CREATIVE will provide a separate PROPOSAL and quote for fixing any bugs or other issues that the CLIENT reports after this initial 6 month period, even if these were present when the work was originally handed over.
14. Payments
The CLIENT must pay for the work in full following receipt of an invoice from ISLE CREATIVE. All SERVICES shall be provided for the price specified in the PROPOSAL and these TERMS. The PROPOSAL will state at which stage(s) of the project payment will be required.
Payment shall be made by BACS transfer, direct debit or Credit or Debit Card if under £1000.
If ISLE CREATIVE will be hosting the finished website then the web hosting costs begin when a draft of the website is put online for the CLIENT to view.
The CLIENT can choose to pay for any ongoing SERVICES either monthly in advance by direct debit, or annually in advance. If paying monthly, the SERVICES will be renewed automatically on the payment date each month. If paying annually, the SERVICES will be renewed and invoiced automatically every 12 months.
Monthly Direct Debit Payments
Most of our monthly subscription services require the client to setup a direct debit to automate payments. If the client doesn’t wish to or is unable to pay by direct debit there will be a small £2.50 manual administration charge per service, per subscription cycle . This is to cover the additional manual administration costs in manually reconciling and authorising the service to continue each subscription cycle.
Payment terms
All invoices must be paid in full by the due date(s) listed. Late payment fees at the statutory interest rate of the total invoice value will automatically be added every 28 days after the due date. In case debt collection or legal action prove necessary, the CLIENT agrees to pay all fees incurred.
ISLE CREATIVE reserves the right to remove the CLIENT’s website or other SERVICES from viewing on the Internet if payment is not made in full within 28 days of the invoice due date. ISLE CREATIVE will give the CLIENT seven days’ notice before removing the website from the Internet. This does not relieve the CLIENT of their obligation to pay the due amount. ISLE CREATIVE accepts no liability for any losses that the CLIENT incurs if the website is removed from the Internet due to non-payment.
Any payment returned by the bank or credit card company will incur a £10 administration charge in addition to any charges made by the bank. This will be invoiced and will be added to the total outstanding debt owed by the client.
Payment timescales
The PROPOSAL will list the payment milestones for the project.
If ISLE CREATIVE is hosting the website then the final payment will not normally be due until after the website has been launched, unless stated otherwise in the PROPOSAL. If the CLIENT is arranging their own web hosting then full payment will always be required before ISLE CREATIVE hands over the files or installs the SERVICES on the CLIENT’s hosting account.
If the CLIENT wishes to have administrative access to a website during the development process then they will be added at Editor level or lower. If they wish to have full Administrator-level access then full payment for the SERVICES will be required before this access is granted, even if the SERVICES are not yet complete.
Price changes for ongoing services
Immediate Change
ISLE CREATIVE may amend the cost of any ongoing services at any time. Any changes will be notified to the CLIENT in writing giving at least 28 days’ notice.
If ISLE CREATIVE increases the cost of ongoing services that the CLIENT has already paid for in advance, ISLE CREATIVE will offer to provide a refund pro rata if they choose to move to a different provider. An example of this might be if the client had pre-paid for 12 months web hosting and ISLE CREATIVE notified them of a price increase after 6 month. In this case, if the CLIENT wished to change provider then ISLE CREATIVE would refund 50% of the amount paid.
Delayed Change
In some instances ISLE CREATIVE may be able to offer the CLIENT the option to continue at their pre-paid rate until renewal, at which time the new pricing structure will come into effect.
The price change implementation will be at ISLE CREATIVE’s discretion and dependent on the SERVICES in question.
15. Website maintenance
Any work provided under the SERVICES will be developed to be compatible with the current standards and software at the time the SERVICES are handed over to the CLIENT.
If the CLIENT causes delays exceeding 60 days during a project and additional work is required – for example to update the website software to the latest version, or to implement new standards that have been released during the delay – then ISLE CREATIVE will quote separately for this.
Once the SERVICES have been handed over to the CLIENT, the CLIENT will assume responsibility for keeping the website up to date and maintained.
If unforeseen issues occur with the CLIENT’s website, such as it getting broken, corrupted or hacked, then ISLE CREATIVE will provide a quote to either restore it to a previous backup or fix the problem.
Due to the changing nature of the website industry, ISLE CREATIVE does not guarantee that the work will be compatible with future standards, web browsers or upgrades to the software it runs on. The CLIENT is advised to update the software used to power the website on a regular basis, and at least quarterly in all cases.
The CLIENT may choose to purchase ongoing software updates and/or website maintenance from ISLE CREATIVE. The PROPOSAL will list exactly what services will be provided and any restrictions. The price agreed will normally include a maximum number of hours for testing and any troubleshooting that is required to fix any problems that arise from an update. If more significant redevelopment is required to bring the software up to date then ISLE CREATIVE will contact the CLIENT and recommend the best course of action.
16. Support services
Retainers
If required, ISLE CREATIVE will book in a set number of hours per month to work exclusively for the CLIENT. The CLIENT will be informed which hours have been booked if required, and will receive discounted prices, as quoted in the PROPOSAL.
The hours covered by the retainer will be billed at the end of each month at the agreed price. If the CLIENT requests more work in any month than is covered by the retainer then these will be billed separately.
17. Small Business & Startups on IsleHive
ISLE CREATIVE offers a low cost website service called Isle Hive. The SERVICES include everything described on the Isle Hive pages of the ISLE CREATIVE website. These pages also clearly describe anything that is not included.
18. Assignment of project
ISLE CREATIVE reserves the right to assign suitably qualified and experienced subcontractors to the project as required. Where subcontractors are used, ISLE CREATIVE reserves the right to share any information that is necessary for the work to be carried out. ISLE CREATIVE will remain fully responsible for the final results of the project.
19. Copyrights & trademarks
The CLIENT declares that it holds the appropriate copyright and/or trademark permissions for any information that it asks ISLE CREATIVE to include on a website under the SERVICES, including text and images. The CLIENT agrees to fully indemnify and hold ISLE CREATIVE free from harm in any and all claims resulting from the CLIENT not having obtained the required copyright and/or other necessary permissions.
The CLIENT is assigned rights to use as a website the design, graphics and text contained in the finished assembled work. If ISLE CREATIVE has provided a logo or colour scheme for the CLIENT then the CLIENT is also assigned rights to use these throughout their business. Copyright for these elements will be transferred to the CLIENT once they have been paid for in full.
ISLE CREATIVE will provide image files of any parts of the website design to the CLIENT on request. This will be chargeable.
Rights to photos, graphics, source code and computer programs are specifically not transferred to the CLIENT, and remain the property of their respective owners.
20. Authorship credit
Unless specified otherwise in the PROPOSAL, the CLIENT must include a link at the bottom of each page of their website, establishing authorship credit to ISLE CREATIVE. This will be inserted by ISLE CREATIVE. ISLE CREATIVE may remove the link at any time. The CLIENT may only remove it with prior permission from ISLE CREATIVE.
ISLE CREATIVE and its subcontractors retain the right to link to the CLIENT’s website, display graphics and other web design elements as examples of their work in their respective portfolios, as well as to mention the CLIENT in publicity to promote ISLE CREATIVE, unless stated otherwise in the PROPOSAL.
21. Cookies and privacy
ISLE CREATIVE will educate and support the CLIENT in ensuring the website complies with the Privacy and Electronic Communications Regulations (updated 26 May 2011). ISLE CREATIVE will inform the CLIENT of their responsibilities, including offering their services in carrying out an audit of any cookies used on the site, and providing information about the technical options available to achieve compliance. Ultimate responsibility for compliance lies with the CLIENT.
22. Limited liability
The CLIENT hereby agrees that any material submitted for publication on a website will not contain anything leading to an abusive or unethical use of the web hosting service or host server. Abusive and unethical materials and uses include, but are not limited to, pornography, obscenity, nudity, violations of privacy, computer viruses, any harassing and harmful material or uses, any illegal activity, or material advocating illegal activity, and any infringement of privacy or libel. The CLIENT hereby agrees to indemnify and hold harmless ISLE CREATIVE from any claim resulting from the CLIENT’s publication of material or use of those materials.
For as long as ISLE CREATIVE is responsible for hosting and administration of the SERVICES, ISLE CREATIVE shall take all reasonable measures to protect the CLIENT’s website or software including responsibility for daily data backups and regularly overseeing its security against illegal or unauthorised use. The CLIENT acknowledges that ISLE CREATIVE cannot guarantee the security of the SERVICES. If, at any time, the CLIENT is aware of any infiltration, or suspects that such infiltration may be taking place, it shall notify ISLE CREATIVE immediately. If a website is compromised or infiltrated then ISLE CREATIVE will charge for rectifying it, unless stated otherwise in the PROPOSAL.
At no time does ISLE CREATIVE make any guarantee that the CLIENT’s website will achieve a certain rating in search engine results; or guarantee a certain level or security or performance.
ISLE CREATIVE’s total liability arising in connection with work provided under the PROPOSAL and these TERMS shall be limited to the total cost of SERVICES ordered by the CLIENT from ISLE CREATIVE during that financial year. ISLE CREATIVE shall not be liable for any indirect or consequential loss or damage (whether for loss of profit, loss of business, depletion of goodwill or otherwise), costs, expenses or other claims for consequential compensation (howsoever caused) which arise out of or in connection with the SERVICES.
23. Indemnification
The CLIENT shall defend, indemnify and hold harmless ISLE CREATIVE and its employees, agents and subcontractors from all liabilities, claims and expenses, including all reasonable legal fees, taxes or fines that may arise or result from:
Any service provided or performed or agreed to be performed or any product sold by the CLIENT, its agents, employees or assigns.
Any injury to person or property caused by any products or services sold or otherwise distributed in connection with ISLE CREATIVE.
Any material supplied by the CLIENT that infringes on the proprietary rights of a third party.
The CLIENT’s use of electronic commerce.
Any defective product which the CLIENT has provided via the SERVICES.
24. Data Protection
Where the operation of the website or other services provided by ISLE CREATIVE involves the collection and administration of personal data the CLIENT is deemed to be the Data Controller and as such is responsible for notification under the terms of the Data Protection Acts and related regulations.
The client shall indemnify ISLE CREATIVE against any actions, costs and liabilities arising from the use in good faith by ISLE CREATIVE of personal data provided by the CLIENT or through the CLIENT’S website.
Where a SERVICE is provided relating to e-commerce whereby visitors to the CLIENT’S website can order goods or services through the website – whether through direct or indirect payment the CLIENT undertakes to ensure that all transactions are carried out legally and fairly, that the security of personal information and of financial information is maintained and that the collection and control of that data meets the requirements of the Data Protection Acts and regulations.
The CLIENT is solely responsible for complying with any laws, taxes, and tariffs applicable in any way to the website or any other services contemplated, and will hold harmless, protect and defend ISLE CREATIVE and its sub-contractors from any claim, suit, penalty, tax, fine, or tariff arising from the website or other SERVICES provided.
25. Ethical Issues
The ISLE CREATIVE reserves the right to refuse to provide SERVICES for a website or associated services which does not accord with our ethical policy or that we judge to be unfit due to content or otherwise. This includes, but is not limited by, sites containing adult oriented material such as pornography, sites which promote hatred towards persons belonging to any ethnic group, religion or sexual orientation and sites which infringe copyright or are contrary to UK or other relevant national or local laws or regulations.
26. Laws Affecting Electronic Commerce
From time to time governments enact laws and levy taxes and tariffs affecting Internet electronic commerce. The CLIENT agrees that the CLIENT is solely responsible for complying with such laws, taxes, and tariffs, and will hold harmless, protect, and defend ISLE CREATIVE and its subcontractors from any claim, suit, penalty, tax, or tariff arising from the CLIENT’S exercise of Internet electronic commerce.
27. Non-disclosure
ISLE CREATIVE, its employees and subcontractors agree that, except as directed by CLIENT, it will not at any time disclose any confidential information to any person unless legally required to do so under English law.
28. Entire understanding
These TERMS and the corresponding PROPOSAL form the sole agreement between the CLIENT and ISLE CREATIVE regarding ISLE CREATIVE’s web design, creative and ongoing SERVICES.
Should ISLE CREATIVE waive any of these terms on an individual basis, this shall not affect the validity of remaining clauses or commit ISLE CREATIVE to waive the same clause on any other occasion.
These TERMS shall prevail over all terms and conditions of your customary practice or any previous course of dealing between us and you. Any variation to these TERMS shall be inapplicable unless agreed between ourselves before we commence any work on your behalf. Work, services or products are only supplied in strict accordance with these TERMS.
In the event that ISLE CREATIVE is not entitled to rely on a term or terms in this contract, then ISLE CREATIVE may also be allowed to cancel all rights and obligations under this contract, or to hold all other clauses as valid entirely at ISLE CREATIVE’S sole discretion.
No terms or conditions endorsed upon, delivered with or contained in the CLIENT’S purchase order, confirmation of order, specification or other document will form part of the contract simply as a result of such document being referred to in the quotation / scope document.
The CLIENT must ensure that the terms of its order and any applicable specification are complete and accurate
This contract shall be subject to English Law. Any and all matters pursuant to this agreement are governed by English Law and are under exclusive jurisdiction of the English Courts.
By agreeing to these terms and conditions your statutory rights are not affected.
The provision of work, services or products by ISLE CREATIVE is only undertaken on the understanding that you have read and accept these terms and conditions in full.
Last Updated: 15/01/2018
(Next Review: 01/2019)
