Terms & Conditions
The following terms and conditions apply to all website development / design services provided by Untitled Designing Limited (trading as and hereby referred to as untitled™) to the Client.
It is not necessary for any Client to have signed an acceptance of these terms and conditions for them to apply. If a Client accepts a proposal then the Client will be deemed to have satisfied themselves as to the terms applying and have accepted these terms and conditions in full.
Please read these terms and conditions carefully. Any purchase or use of our services implies that you have read and accepted our terms and conditions.
Charges for services to be provided by untitled™ are defined in the project fee proposal that the Client receives via e-mail. Fee proposals are valid for a period of 30 days. untitled™ reserves the right to alter or decline to provide a fee proposal after expiry of the 30 days.
Unless agreed otherwise with the Client, all website development services require an advance payment of a minimum of twenty five (25) percent of the project quotation total before any work is commenced. Further payments would be due monthly as per the quotation.
Payment for services is due by GoCardless Direct Debit mandate, bank transfer or Standing Order. An additional fee of £5 per cheque will be charged for payment via cheque. Cheques, inclusive of £5 admin fee, should be made payable to Untitled Designing Limited and sent to: Accounts at untitled™, 1 Royal Court, Tatton Street, Knutsford, Cheshire, WA16 6EN. Bank or GoCardless details will be made available on invoices.
3. Client Review
untitled™ will provide the Client with an opportunity to review the appearance and content of the website during the design phase and once the overall website development is completed. At the completion of the project, such materials will be deemed to be accepted and approved unless the Client notifies untitled™ otherwise within five (5) working days of the date the materials are made available to the Client.
4. Turnaround Time and Content Control
untitled™ will build and host the Client’s website by the date specified in the Project Kick Off meeting, or at date agreed with the Client upon untitled™ receiving initial payment, unless a delay is specifically requested by the Client and agreed by untitled™.
In return, the Client agrees to delegate a single individual as a primary contact to aid untitled™ with progressing the commission in a satisfactory and expedient manner.
During the project, untitled™ will require the Client to provide agreed website content; text, images, movies and sound files.
5. Failure to provide required website content
Where untitled™ have not been engaged to provide the service of content creation, as untitled™ is a small business, to remain efficient we must ensure that work we have programmed is carried out at the scheduled time. On occasions we may have to reject offers for other work and enquiries to ensure that your work is completed at the time arranged.
This is why we ask that you provide all the required information in advance. On any occasion where progress cannot be made with your website because we have not been given the required information in the agreed time frame, and we are delayed as result, we reserve the right to impose a surcharge of up to 25%.
If you agree to provide us with the required information and subsequently fail to do within one week of project commencement we reserve the right to close the project and the balance remaining becomes payable immediately. Simply put, all the above condition says is: please do not give us the go ahead to start until you are ready to do so.
NOTE: Text content should be delivered as a Microsoft Word, email (or similar) document with the pages in the supplied document representing the content of the relevant pages on your website. These pages should have the same titles as the agreed website pages. Contact us if you need clarification on this.
Also, please note that using our content management system you are able to keep your content up to date yourself.
Monthly invoices will be issued by email from project instruction. Accounts that remain unpaid thirty (30) days after the date of the invoice will be assessed and a service charge, to the amount of the higher of one and one-half percent (1.5%) or £30 per month, added to the total amount due.
7. Additional Expenses
Client agrees to reimburse untitled™ for any additional expenses necessary for the completion of the work. Examples would be purchase of special fonts, stock photography etc.
8. Web Browsers
untitled™ makes every effort to ensure websites are designed to be viewed by the majority of visitors. Websites are designed to work with the most popular current browsers (e.g. Google Chrome, Firefox, Microsoft Internet Explorer & Edge, Safari, etc.). Client agrees that untitled™ cannot guarantee correct functionality with all browser software across different operating systems. Each time a new version is released, we begin supporting that version and stop supporting the third most recent version.
untitled™ cannot accept responsibility for web pages which do not display acceptably in new versions of browsers released after the website have been designed and handed over to the Client. As such, untitled™ reserves the right to quote for any work involved in changing the website design or website code for it to work with updated browser software.
untitled™ websites are responsively designed and built to work across a broad array of devices, screen sizes and browsers. untitled™ offer a 3 month Warranty, commencing on site launch or project sign off (whichever is the sooner). The Warranty covers addressing display & functionality issues (as agreed within project scope) brought to our attention within the warranty period for Web Browser versions (as per point 8 above) at point of Warranty commencing.
WordPress, plugins and theme software should be up to date on latest version – included within Agency Memberships – fees would apply if required within Hosting Only packages.
10. Ongoing Hosting or Support Packages
untitled™ offer a number of ongoing hosting and support packages as outlined in the fee proposal. Unless otherwise agreed, the ‘Agency Membership’ package will be deemed as the default and be invoiced and delivered accordingly. All ongoing packages EXCLUDE rectifying issues caused by future developments in technology (software and hardware) and outside of the control of untitled™, such as Web Browsers, devices, screens and new website technology. Future developments of the Clients’ website would be subject to fees at the agreed hourly rates (as outlined in the Fee Proposal).
Accounts unpaid thirty (30) days after the date of invoice will be considered in default. If the Client in default maintains any information or files on untitled™’s Web space, untitled™ will, at its discretion, remove all such material from its web space. untitled™ is not responsible for any loss of data incurred due to the removal of the service. Removal of such material does not relieve the Client of the obligation to pay any outstanding charges assessed to the Client’s account. Cheques returned for insufficient funds will be assessed a return charge of £25 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 untitled™ reasonable expenses, including legal fees and costs for collection by third-party agencies, incurred by untitled™ in enforcing these Terms and Conditions.
Termination of services by the Client must be requested in a written notice and will be effective on receipt of such notice. The Client will be invoiced for design work completed to the date of first notice of cancellation, for payment in full within thirty (30) days.
All untitled™ services may be used for lawful purposes only. You agree to indemnify and hold untitled™ harmless from any claims resulting from your use of our service that damages you or any other party.
The Client retains the copyright to data, files and graphic logos provided by the Client, and grants untitled™ 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. The Client is further responsible for granting untitled™ permission and rights for use of the same and agrees to indemnify and hold harmless untitled™ from any and all claims resulting from the Client’s negligence or inability to obtain proper copyright permissions. A contract for website design and/or placement shall be regarded as a guarantee by the Client to untitled™ that all such permissions and authorities have been obtained. Evidence of permissions and authorities may be requested.
15. Standard Media Delivery
Unless otherwise specified in the project quotation, this Agreement assumes that any text will be provided by the Client in electronic format (usb or via e-mail or FTP) and that all photographs and other graphics will be provided physically in high quality print suitable for scanning or electronically in .gif, .jpeg, .png or .tiff format. Although every reasonable attempt shall be made by untitled™ to return to the Client any images or printed material provided for use in creation of the Client’s website, such return cannot be guaranteed.
16. Design Credit
A link to untitled™ will appear in either small type or by a small graphic at the bottom of the Client’s website. If a graphic is used, it will be designed to fit in with the overall site design. If a client requests that the design credit be removed, a nominal fee of 10% of the total development charges will be applied. When total development charges are less than £5000, a fixed fee of £500 will be applied. The Client also agrees that the website developed for the Client may be presented in untitled™’s portfolio.
17. Access Requirements
If the Client wishes the website is to be installed on a third-party server, this must be agreed in writing prior to the project commencement and untitled™ must be granted temporary read/write access to the Client’s storage directories which must be accessible via FTP. Depending on the specific nature of the project, other resources might also need to be configured on the server. Additional fees would apply to set up and support websites on third-party servers.
18. Post-Placement Alterations
untitled™ cannot accept responsibility for any alterations caused by a third party occurring to the Client’s pages once installed. Such alterations include, but are not limited to additions, modifications or deletions.
19. Domain Names
untitled™ may purchase domain names on behalf of the Client. Payment and renewal of those domain names is the responsibility of the Client. The loss, cancellation or otherwise of the domain brought about by non or late payment is not the responsibility of untitled™. The Client should keep a record of the due dates for payment to ensure that payment is received in good time.
These Terms and Conditions supersede all previous representations, understandings or agreements. The Client’s signature below or payment of an advance fee constitutes agreement to and acceptance of these Terms and Conditions. Payment online is an acceptance of our terms and conditions.
21. Governing Law
This Agreement shall be governed by English Law.
untitled™ hereby excludes itself, its Employees and or Agents from all and any 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 clients’ artwork/photos, supplied for the site. Immaterial whether the loss or damage results from negligence or otherwise.
The entire liability of untitled™ to the Client in respect of any claim whatsoever or breach of this Agreement, whether or not arising out of negligence, shall be limited to the charges paid for the Services under this Agreement in respect of which the breach has arisen.
Suffice to say we do hold Public and Products Liability insurance with an Indemnity Limit of £2,000,000.
In the event any one or more of the provisions of this Agreement shall be held to be invalid, illegal or unenforceable, the remaining provisions of this Agreement shall be unimpaired and the Agreement shall not be void for this reason alone. Such invalid, illegal or unenforceable provision shall be replaced by a mutually acceptable valid, legal and enforceable provision, which comes closest to the intention of the parties underlying the invalid,