Terms and conditions

Terms of service (also known as terms of use and terms and conditions, commonly abbreviated as TOS or ToS, ToU or T&C) are the legal agreements between a service provider and a person who wants to use that service. The person must agree to abide by the terms of service in order to use the offered service. Terms of service can also be merely a disclaimer, especially regarding the use of websites. Vague language and lengthy sentences used in the terms of use have brought concerns on customer privacy and raised public awareness in many ways. By submitting payment for our invoice, you acknowledge and accept our terms and conditions. 

Project Acceptance

At the time of estimation, the Company will provide the customer with a written estimate or quotation. By accepting the estimate or quotation the customer is agreeing to the Terms & Conditions set out herein.

Provision of Materials

You agree to provide us with the specific copy, images and information we require in order to complete the work, or to advise us as to where we can locate such materials. We accept no responsibility for your work not being completed by a specific date if we are unable to secure necessary and/or suitable information and/or materials from you.

If you cannot supply the information you wish to feature in your product, we will do what we can to obtain it, but we accept no responsibility for errors, omissions or discrepancies which may be present on the final. The time taken to compile the data, as well as any time required to correct errors, omissions or discrepancies which have arisen through your not providing us with adequate materials, will be charged at our standard rate. We accept no responsibility for the delay caused in providing you with the final work as a result of your supplying us with insufficient or unsuitable materials.

Where you supply or specify materials, we will take every care to secure the best results in the finished product, but we accept no responsibility for imperfect work caused by defects in or unsuitability of materials so supplied or specified.

Proof Agreement

If the Company has provided you with a proof, your signing this agreement confirms that you agree to the design and contents of the printed document as depicted on the proof. By signing this agreement, you absolve the Company of all liability for any errors, omissions or discrepancies which may be present on the proof. Once you have signed this agreement and proof if supplied, you are not able to make any changes to the final product, nor are you able to hold the Company responsible for anything you are unhappy with. This contract revokes your right to take any kind of action against the Company for any aspect of the work with which you are later dissatisfied. Signing this contract means that, as long as the finished product is consistent with the proof if supplied, you must pay in full for the work. These terms are final and non-negotiable.

Website Updates & Site Maintenance

These are charged at our standard rate per hour (or part thereof). If you want to introduce new material in the form of extra pages, additional functions, or more information than is already available on your site, this must be paid for as a new job or hours taken from a prepaid package if you have this account with us.

Hosting & Email Accounts 

Hosting for websites is charged per year. No clients or third parties will be granted FTP (File Transfer Protocol) access to our servers or any of our affiliates. Where a CMS (Content Management System) license and functionality is purchased, hosting is charged from £300 plus VAT per annum. One pop email account is provided, all additional email addresses will be forwarded to this or another email address which must be provided by the client.

The Company take no responsibility for any loss of business through non retrieval of emails, bounced messages or undelivered electronic mail. The Company take no responsibility for the content of emails including attachments and viruses.

Cancellation of any website will result in the withdrawal of the hosting package after 48 hours. All hosting packages are non-refundable. Should the client request that a domain name purchased by the Company on their behalf be transferred to another host, a release fee of £50 + VAT will be charged. Website hosting will be renewed automatically as part of the initial contract, but a notice period of not less than 14 days will be given at the time invoicing. Clients must cancel their renewal in writing within this notice period, otherwise all charges will become payable and cancellation will NOT be accepted after this date, as monies will have been paid by the Company on the client”s behalf.

Domain Names

Domain name of the client’s choice (subject to availability) can be provided as part of our hosting package by the Company. This cannot be a domain name already registered with another provider, but must be an additional one in such cases. Delay in websites going live because of administrative issues will not result in a delay in the site going live on the domain name that we have purchased on your behalf.  Once the site is live on the domain name, all outstanding payment is due. It is not the Company’s responsibility if there is a delay in the transfer of a domain name held with another provider, and this will not be accepted as a reason to delay payment in full of all outstanding monies.

Systems

Any systems, including eCommerce, bespoke systems and Content Management Systems (CMS), provided to the client remain the intellectual property of the Company and as such no access is given to the source code or database. Systems cannot be transferred away from our provided hosting solution. The Company websites are built on the Linux or Coldfusion platforms and may not work on Windows servers or other non-Linux, Coldfusion systems.

E-commerce/CMS

E-commerce/CMS systems will be provided as an empty shop/site, and training will be given to the client(s) on using the system. A delay in the client populating the e-shop/site will not be accepted as a reason for delayed payment as, once it is ready to be populated and training has been given, the Company’s job is done. The Company offers a service to populate the client’s shop site/CMS on their behalf, and prices are available on request for this service. Additional training and support packages are available, and again the prices for these services are available on request.

Website Approval

Once a client has agreed the look and feel proof for the website and instructed the Company to proceed to build, any subsequent changes in style or design requested by the client will be charged for at the appropriate hourly rate.

Once a complete website, or changes to a website are made live on the website on the clients instruction, it is deemed that the site and/or the content of the site have been approved and the work is therefore completed.

Clients have a period of 14 days in which to revert back any further changes and corrections afterwhich Hughes & Co reserve the right to make additional charges for further work.

Exceptions (Web)

We accept that certain details regarding your business, such as telephone numbers and email addresses, sometimes change, and that the details placed in a proof are liable to change. To this end we will amend smaller details such as these as part of our construction package. This policy applies throughout your contract with the Company: Larger changes, such as the creation of a new page or introduction of a new feature on your site, or the sourcing / changing of images are not covered by this policy and must be paid for.

Payment Terms (Web)

When we have finished building your site, we will put it live on our own server under a temporary name which we will give you. After we have informed you of the site”s location on our server, you must review the site and ask for any amendments to be made within two weeks. The site can be kept live for a longer period if you specifically request this.

We will put the site live on its own domain name, you are not permitted to point your own domain name to the test site on the Company servers. If this is found to be the case, we reserve the right to remove the site from our server

Copyright

Unless negotiated and agreed in writing, the copyrights of general artwork, commissioned artwork, illustrations, website design, programming and copy belong to the Company.

If you supply us with material, it is your responsibility to obtain all necessary copyrights for its use, and we assume that you possess these. In such cases, the copyright belongs to you. By signing this agreement, you agree to indemnify the Company from any claim which arises regarding the use of material with which you supply us. We reserve the right to use any artwork or printing we produce for the purposes of promoting our services unless you request otherwise in writing.

Estimates

All estimates for work are valid for thirty (30) days, after which time all proposed work will have to be re-quoted. We take no responsibility for a re-quoted price differing from an original quote.

Illegal Matter

The Company reserves the right not to print any matter deemed illegal, libellous or offensive, or which may be an infringement of the proprietary or other rights of any third party. This agreement indemnifies us in respect of any claims, costs and expenses arising out of any libellous matter or any infringement of copyright, patent, design or of any other proprietary or personal rights contained in any material printed for the customer. The indemnity shall extend to any amounts paid on a lawyer”s advice in settlement of any claim.

Consequential Loss

The Company accept no liability whatsoever for consequential or third party losses, resulting from a delay in delivery or loss in service provided by the Company howsoever caused.

Financial Loss

The Company accept no liability whatsoever for financial loss or loss of earnings arising from products or services provided by the Company.

Force Majeure

The Company accept no responsibility if we are unable to carry out any provision of the contract for any reason beyond our control including (without limiting the foregoing) Act of God, legislation, war, fire, flood, drought, failure of power supply, lock-out, strike or other action taken by employees in contemplation or furtherance of a dispute or owing to any inability to procure materials required for the performance of the contract. During the continuance of such a contingency you may, by written notice to ourselves, elect to terminate the contract and pay for work done and materials used, but subject thereto shall otherwise accept delivery when available.

Liability

The Company shall not be liable for any loss to the customer arising from delay in transit caused by circumstances beyond the Company”s control.

Price Breakdown

The invoice we send you will be itemised, showing the cost of the design and research process, as well as the production itself. VAT is charged at the current Customs & Excise rates and according to current regulations, irrespective of whether or not it is included in a price quotation.

Jobs Put On Hold or Cancelled by the Client

Jobs put on hold or cancelled by the client during production will be invoiced at our full hourly rate based on the number of hours worked and our outlay on materials. This applies irrespective of any package agreements which have been signed, as package discounts only apply if a job is brought to completion. The invoice we issue must be paid in full together with any VAT that falls due accordingly.

Insolvency

Any customer ceasing to pay their debts in the ordinary course of business or proving unable to pay their debts as they become due or, being, a company, is deemed to be unable to pay its debts, or has a winding-up petition issued against it or, being a person, commits an act of bankruptcy or has a bankruptcy petition issued against it, the Company, without prejudice to other remedies, shall (i) have the right not to proceed further with the contract or any other work for the customer and be entitled to charge for work already carried out (whether completed or not) and materials purchased for the customer, such charge to be an immediate debt due to it, and (ii) in respect of all unpaid debts due from the customer, have a general lien on all goods and property in its possession (whether worked on or not) and shall be entitled on the expiration of 14 days” notice to dispose of such goods or property in such manner and at such price as we think fit and to apply the proceeds towards such debts.

Term and Condition extends to following as well:

1. 30 days validity for Social Media Marketing Packages. Packages shall be renewed in every 30 days to continue availing the services.
2. We do not guarantee any positive outcomes of the services hence we are not liable to pay any refunds for any unforeseen or non-guaranteed outcomes.
3. In special circumstances, the client can use the amount somewhere else after being approved by higher management.
4. When the server space is reaching its end limit, the customer will be alerted via email after which the client can choose to increase the space or clear their current data to make space. If the client fails to respond and if the server’s space exceeds from its limit, it can result in website shutdown.
5. The client can seek support to increase space or re-launch the website from us via email.
6. Hosting charges to be paid within the due date or the client shall be responsible for paying the late payment charges. Failed to do so shall result in shutting off the website hosting and removing website backup from the server. Charges paid past the due date shall include hosting fees, late payment fees and backup storage charges as well.
7. Similarly, if domain charges are not paid within the required time, shall result in suspension of the website’s domain.
8. We are not liable to provide our client with services that include prevention of hacking, swift performance, website and its server maintenance if they have not subscribed to our monthly package of website management. Boossto shall not be held responsible for any defects after the delivery of complete website.
9. Slow performance of any shopify website to be directly reported to shopify.
10. Our Social Media marketing package will not be responsible to cater to any features such as Ad manager, business manager, payment method, advertisement etc., if they are disabled by Facebook itself due to suspicious activities or any reason. Resolution of such issues will be charged according to its working hours.
11. The client should responsibly share their complete requirements for website in proper format and reply to queries within appropriate time limits with their assigned project manager .
12. Uninformed delays caused by client in requirement gathering shall result in maximum 2 months waiting by us after which we will be liable to close that website project. After 2 months, if the client will be interested to carry on with the project then they shall re-pay the complete charges to resume the working of their project.
13. General Marketing: Client is liable to provide with their account details to link for direct transactions for their brand advertisements.
14. Our team will respond to any queries within the working hours that are 10:00 am-6:00pm.
15. The quotation of any package will be valid for 7 days. Prices can vary according to the working hours or requirements of the clients.
16. Complete payment to be paid in advance for packages of digital Marketing, website management and social media management. Website packages to be paid according to its payment plan and complete payment to be issued right after the completion and delivery of the project.
17. Digital Marketing and Social media management team shall be following the calendar that will consist of schedules for posting and other activities of that project. Client cannot be interfering with the schedules and timings.