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Website and Graphic Design Terms and Conditions

Governing Websites Developed by Inkwell Conceptual Design

Forward Definitions of our terminology as used within this document:

A 'Project' is any work undertaken or service provided by INKWELL Conceptual Design for the Client on their request and as described in our Confirmation Order Email to that Client.

A 'Client' is a person, persons, business, entity, or any other organization using any of the services provided by INKWELL Conceptual Design.

'Live Mode' refers to the date on which the website is available on the Client’s chosen Domain to the Public.

'Domain' is the website address (or URL) as specified by the Client.

'Open Source Software' is software made freely available to anyone under the GNU General Public License (GPL).

'Hosting' refers to retaining and storing the file(s) which comprise the Client’s site.

'Content' is both text and images that the Client requires on the website.
‘Site’ is the set of files which comprise the data viewed when an entity accesses the Domain.

‘Search Engine Optimization’ refers to a process of arranging a website's content to obtain high rankings in various search engines (both the site and individual pages), and includes tailoring on-page text (such as headlines and subtitles) as well as choosing the proper keywords for a page's meta tags.

INKWELL Conceptual Design Terms & Conditions

  1. The contract between INKWELL Conceptual Design and the Client will be on these conditions, to the exclusion of all other terms and conditions. Any variations to these conditions shall have no effect unless agreed to in writing.
  2. The works to be carried out shall be as set out in the INKWELL Conceptual Design confirmation order email.
  3. INKWELL Conceptual Design will only commence work on a Project after receipt of 50% deposit of the quoted Project fee from the Client. INKWELL Conceptual Design will also require 25% payment on approval of the overall design concept. The final 25% payment is to be made on completion of the website. The website will be switched to Live Mode once the Clients remaining balance is paid in full.
  4. The deposit paid to INKWELL Conceptual Design covers the cost of design work carried out. It is not possible to refund a deposit once INKWELL Conceptual Design has sent the first design to the Client. INKWELL Conceptual Design reserves the right to decide whether a refund is applicable if requested by the Client for any reason at its sole discretion. A refund is not guaranteed by INKWELL Conceptual Design, but possible providing INKWELL Conceptual Design decides that this option is warranted.
  5. INKWELL Conceptual Design shall expect the Client to carry out sufficient research before proceeding with a website. This will include checking that the website/idea/business will operate legally. It is important that the website is not in any way illegal.
  6. It is important for the Client to keep in contact with INKWELL Conceptual Design throughout the entire Project. If we do not receive email contact from a Client for more than 3 months, the Project may be terminated, and the deposit will not be refunded.
  7. Where images used on the website have been purchased by INKWELL Conceptual Design on behalf of the Client, these images are strictly for use on the website only. INKWELL Conceptual Design is not liable for misuse of these images by the Client or any other persons who copy, alter, or distribute the images to individuals or other entity.
  8. INKWELL Conceptual Design will host the website if the Client requires us to do so and on receipt of full payment of our Hosting fees. In doing so, INKWELL Conceptual Design will endeavor to provide a reliable and professional service to the Client at all times but does not guarantee that the website Hosting will be available at all times, particularly in the event of a technical failure beyond our control.
  9. INKWELL Conceptual Design cannot be held responsible for anything adversely affecting the Client's business operation, sales, or profitability that might be claimed is a result of a service offered by INKWELL Conceptual Design.
  10. Where asked to provide search engine optimization for a Client, INKWELL Conceptual Design do not guarantee any specific placement or high ranking on search engines.
  11. INKWELL Conceptual Design will provide the Client with an expected completion date for the Project (live on the internet) if requested. INKWELL Conceptual Design will endeavor to meet any given deadline, but do not guarantee and are not bound in any way to complete the Project by this date.
  12. It is the Client’s responsibility to check with INKWELL Conceptual Design whether Open Source Software is being used or not.
  13. The Client shall not be charged for Open Source Software. If there is a charge for a website using Open Source Software, the Client is paying for the installation time. Open Source Software is not owned by INKWELL Conceptual Design or the Client.
  14. INKWELL Conceptual Design own all design and code of the website until final payment has been received in full. Once final payment is received, the Client will then own the design and code of the website, unless Open Source Software is used. Images will have been purchased by INKWELL Conceptual Design for the Client, unless the images have been supplied by the Client. Item 14 is subject to item 15.
  15. All images displayed on the Client's website will only be used after authorisation by the Client, and are the sole responsibility of the Client regarding usage and copyright. Should any legal issues or claims arise from the content or copyright of any images supplied by the Client or INKWELL Conceptual Design, they will be the sole responsibility of the Client.
  16. Domain names will be registered by INKWELL Conceptual Design and also registered to the INKWELL Conceptual Design current address. Although the domain names are registered to INKWELL Conceptual Design, the Client is the legal owner of the domain and if they request to have details changed or the domain transferred elsewhere, INKWELL Conceptual Design will do this within a reasonable timeframe.
  17. It is the responsibility of the Client to renew their domain names when due. If a domain name expires, INKWELL Conceptual Design cannot be held liable for this. However, INKWELL Conceptual Design will make reasonable effort to contact the Client regarding domain renewal.
  18. When a Client renews Hosting with INKWELL Conceptual Design, this also includes domain renewal if the renewal is needed to keep the site functioning and was purchased as part of the Hosting package. If the Client does not renew the Hosting, their domain name could be made available to the public for purchase and INKWELL Conceptual Design cannot be held liable for this.
  19. Renewal of Hosting is due on a yearly basis. The date of renewal will be annually from the date the website was ordered by the Client. The Hosting will not be renewed if INKWELL Conceptual Design cannot contact the Client or the Client requests for INKWELL Conceptual Design to not host this site. This will also affect the domain as per item 18.
  20. The Hosting renewal charge must be received within 10 days of the Hosting expiry date. INKWELL Conceptual Design reserve the right to deactivate any website where the Hosting has expired and the Client has not paid the renewal charge. There will be an admin fee set by INKWELL Conceptual Design for reactivating the website/Hosting.
  21. If the Client does not use INKWELL Conceptual Design Hosting services, then the management and Hosting of the Domain name are the full responsibility of the Client.
  22. Should a Client wish to move Hosting away from INKWELL Conceptual Design or transfer a Domain name away from INKWELL Conceptual Design, a £50 admin charge will be issued, which must be paid before the transfer takes place.
  23. INKWELL Conceptual Design has no control of, or responsibility for, the content of Clients’ websites. In no way does the textual or image based Content of a Client's website constitutes INKWELL Conceptual Design's endorsement, or approval of the website or the material contained within the website. INKWELL Conceptual Design has not verified any of the materials, images or information contained within our Client's websites and is not responsible for the content or performance of these sites or for the Client's transactions with them. INKWELL Conceptual Design provides links or references to our Client's websites solely for the convenience of prospective customers and intends that the links it provides be current and accurate, but does not guarantee or warrant that such links will point to the intended Client site at all times.
  24. INKWELL Conceptual Design are not liable for loss, damage or corruption to files or information stored on its servers or individual PCs relating to a Client's website. The Client is solely responsible for any information or files relating to its website.
  25. If a Domain name is purchased by the Client through a company other than INKWELL Conceptual Design , the Client has full responsibility in making sure that the domain name is renewed when due. INKWELL Conceptual Design will not renew the Domain name when annual Hosting renewal is due if the Domain name is purchased through a company other than INKWELL Conceptual Design.
  26. INKWELL Conceptual Design makes no claims that the contents of this website may be lawfully viewed or downloaded outside of The United States of America, The United Kingdom, and The Republic of Ireland. Access to this website may not be legal for certain persons or in certain countries. If this website is accessed from outside of the United States of America, United Kingdom, or the Republic of Ireland, it is done at own risk and the visitor is responsible for compliance with the relevant laws of the visitor’s jurisdiction. The terms and conditions of this website are governed by the laws of the United Kingdom. Jurisdiction for any claims arising in respect of this website’s Content shall lie exclusively with the courts of the United Kingdom. If any provision of these terms and conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these terms and conditions, which shall remain in full force and effect.