Terms and conditions
primary means of contact
We primarily communicate with our clients via email and our portal system. Please ensure that you provide us with an up-to-date email address and regularly check the portal provided to remain in contact with us.
legal and licencing
We warrant that the work we provide will meet your requirements and will operate with reasonable error-free functionality. However, the entire risk for the quality and performance of the work remains with you. We will not be liable for any damages, including lost profits, lost savings, or any incidental, consequential, or special damages arising from the operation or inability to operate the website. If any provision of this agreement is deemed unlawful, void, or unenforceable, it will not affect the validity and enforceability of any remaining provisions.
revision during execution
If you decide to make changes to the project scope and objectives, additional fees may be charged.
copyright and trademark
You represent and guarantee that any elements furnished to us for inclusion in the project are owned by you or that you have permission from the rightful owner to use each of these elements. We guarantee that all aspects of design and construction of the project will be disclosed to you upon completion, including the full code, once full payment has been received. We retain the right to display graphics and other design elements as examples of our work in our portfolio and display an accreditation link in the footer of your website.
timescale
All time-frames given for work undertaken are estimates. We will not be liable for any damages, including lost profits, lost savings, or any incidental, consequential, or special damages arising from delivering any work within a given time-frame. If the project time extends outside of the allocated timescale due to lack or delay of correspondence from you, slow or delayed delivery of content from you, or changes to the initial spec/proposal by you, an additional hourly charge may be incurred.
others
Unless explicitly stated or agreed otherwise, any amount quoted for website projects excludes hosting of the website, domain name registering, video and image stock licenses, and any additional licenses required for the operation/running of the website outside of those agreed in the proposal. If work is halted on a project, completed work will be billed at the hourly rate and deducted from the total cost quoted. If at the time of the request for a refund, work has been completed beyond the amount covered by the initial payment, you shall be liable to pay for all work completed at the hourly rate stated above.
After the completion of a website project, unless agreed otherwise, you have 14 days to request any changes that relate to interoperability errors, small discretionary tweaks, and spelling mistakes. After this period, unless agreed otherwise, changes may become chargeable at an hourly rate.
If your website is not hosted on our hosting, unless agreed otherwise, any errors, downtime, detection of viruses, malware, slow loading times, or any issues relating to the operation of the website or any system we install are the responsibility of the website host, and we will charge an hourly rate if requested to aid in resolving any such errors. If you choose to host your website with another host other than us and during or after the project, additional work or correspondence is required from us, the additional time will be charged at our hourly rate (including additional time setting up any aspect of the server, correspondence to and from the server host, additional set up time as compared to using our own host).
website retainers
We may offer website maintenance work on a retainer basis, subject to our availability. If a set amount of hours are agreed upon within this retainer, we may roll up to 50% of the non-utilized hours onto the following month/retainer period. Hours may only be rolled over once.
The retainer fees are invoiced monthly or annually, depending on the agreement between Creative Brand Design and the client.
The retainer fee includes a certain number of hours of website maintenance work per month or per year, as agreed between Creative Brand Design and the client.
If the client exceeds the allocated hours within the retainer period, additional fees may apply at Creative Brand Design’s hourly rate.
Any unused hours from the retainer period cannot be carried over to the next period, unless agreed otherwise.
The client may terminate the retainer agreement by providing a 30-day written notice.
Hosting and retainer fees are separate and distinct services and are billed separately.
disclaimer
Creative Brand Design will not be held liable for any loss or damage whatsoever arising from the use of or inability to use our services or products.
Creative Brand Design reserves the right to refuse service or products to anyone for any reason at any time.
These terms and conditions are subject to change without notice. It is the client’s responsibility to check these terms and conditions periodically for changes.
The failure of Creative Brand Design to enforce any right or provision of these terms and conditions shall not constitute a waiver of such right or provision.
This agreement shall be governed by and construed in accordance with the laws of the jurisdiction in which Creative Brand Design operates, without giving effect to its conflict of law provisions.
The parties agree that any disputes arising out of or related to this agreement shall be resolved through binding arbitration, with the arbitration to be conducted in the jurisdiction in which Creative Brand Design operates.
This agreement constitutes the entire agreement between the client and Creative Brand Design and supersedes all prior agreements or understandings, whether written or oral, regarding the subject matter of this agreement.