Webcraeft Legal - Terms and Conditions

Legal

The policy sets out the terms and conditions that are included in all of the services provided by Webcraeft Ltd. Please ensure you have read and understood the content of this policy laid out below before completing any purchase or order through Webcraeft Ltd.

Updated May 2023

Terms

In relation to website design deliverables, Webcraeft Ltd shall provide the following:

The design and development of a single or multi-page website on the Wix Editor or Wix Studio Platform.
If specified in the Project Proposal, the design and development of additional website pages.
If specified in the Project Proposal, Contact/Lead intake form integration.
If specified in the Project Proposal, SEO Page Descriptions, Alt-Tags, and Heading Tags (as part of our SEO Basic Setup).
If specified in the Project Proposal, a fully responsive website design (Desktop and Mobile Friendly).
If specified in the Project Proposal, the inclusion of a website training session on the Wix Platform.
If specified in the Project Proposal, additional functionality for your website such as an online store, bookings system, events, members area, blog and more.

Website Design Deliverables

Definitions

The Client: The company or individual requesting the services of Webcraeft Ltd.
Webcraeft Ltd: Primary designer and developer.
The Project: Web design or other computer and web based or related services being provided to the Client by Webcraeft Ltd.
Project Completion: Completion of components outlines in project breakdown.
Launch: Upload to the server or release materials to the Client.

Acceptance of Terms

It is not necessary for any Client to sign an acceptance of these terms and conditions for them to apply. By accepting a quote, the Client acknowledges and agrees to be bound by these terms and conditions in their entirety.

We advise you to read these terms and conditions carefully. Any purchase or use of our services implies that you have fully understood, agreed to, and accepted these terms and conditions. By engaging with our services, you signify your acceptance of these terms, which constitute a legally binding agreement between you and Webcraeft.

Should you have any questions or require clarification on any aspect of these terms and conditions, please contact us prior to accepting any quote or commencing any work.

Agreement

Webcraeft Ltd. will undertake work only where an agreement is provided either by email, telephone, or post. An ‘order’ is deemed to be a written or verbal contract between Webcraeft Ltd. and the Client, which includes telephone and email agreements.

Please ensure that you thoroughly read the project design, breakdown, quote, and terms and conditions. It is crucial that all details of the work are included, understood, and mutually agreed upon.

Unless otherwise agreed upon with the Client, the timescale for completion of work may vary and can take from 1 to 6 months after the approval of the design and plan, depending on the scale of the work. Timeframes for the project will be discussed with the Client before the project commences. Webcraeft Ltd. will endeavour to complete the project as soon as reasonably possible.

To ensure a high standard of quality, please allow sufficient time for the project to be completed.

Timeframes

During the project, Webcraeft Ltd. will require the Client to provide website content; text, images, movies, and sound files. Webcraeft Ltd. is a small business; to remain efficient, we must ensure that work we have scheduled is carried out at the appointed time. On occasions, we may have to reject offers for other work and enquiries to ensure that the Client’s work is completed at the time arranged.

On any occasion where progress cannot be made with your website because we have not been given the required information within the agreed time frame, and we are delayed as a result, we reserve the right to impose a surcharge of up to 25%.

If your project involves Search Engine Optimisation, we need the text content for your site in advance so that the SEO can be planned and completed efficiently.

If you agree to provide us with the required information and subsequently fail to do so within one week of project commencement, we reserve the right to close the project, and the remaining balance becomes payable.

Please 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 here if you need clarification on this.

Should the Client require any additional content such as images, videos, gifs, icons or other media elements, Webcraeft Ltd reserve the right to quote the Client for this separately.

Content for your website

Unless otherwise specified in the project quotation, this Agreement assumes that any text will be provided by the Client in electronic format 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 Webcraeft Ltd. to return to the Client any images or printed material provided for use in the creation of the Client’s website, such return cannot be guaranteed.

Standard Media Delivery

Whilst every effort will be made to ensure that the website, its content and any scripts or programs are free of errors, Webcraeft Ltd. cannot accept liability for any losses incurred due to malfunction of the website or any part thereof.

The website, graphics, and any programming code shall remain the property of Webcraeft Ltd. until all outstanding accounts are settled in full, unless previously provided by the Client.

Any scripts, CGI applications, PHP scripts, or software (unless specifically agreed otherwise) developed by Webcraeft Ltd. shall remain the intellectual property of Webcraeft Ltd. and may only be commercially reproduced or resold with the explicit permission of Webcraeft Ltd.

Webcraeft Ltd. cannot accept responsibility for any copyright infringements resulting from materials provided by the Client. We reserve the right to refuse any material of a copyrighted nature unless adequate proof of permission to use such material is supplied. This includes font, images and copy (text used).

Any additions to the project scope will be undertaken at the discretion of Webcraeft Ltd. Where no charge is applied by Webcraeft Ltd. for such additions, Webcraeft Ltd. accepts no liability to ensure such additions are error-free and reserves the right to charge an appropriate fee for any corrections or further modifications.

The Client agrees to supply, in a timely manner, all materials required by Webcraeft Ltd. to complete the site to the agreed standard and within the specified deadline. Webcraeft Ltd. shall not be held liable for any costs incurred, compensation, or loss of earnings due to the failure to meet agreed deadlines.

Webcraeft Ltd. shall not be held liable or become involved in any disputes between the site owner and their clients, and cannot be held responsible for any misconduct by the site owner.

Webcraeft Ltd. shall not be held liable for any costs incurred, compensation, or loss of earnings due to the work undertaken on behalf of the Client or any of the Client’s appointed agents.

Webcraeft Ltd. shall not be held liable for any costs incurred, compensation, or loss of earnings due to the unavailability of the site, its servers, software, or any material provided by its agents.

Once a website has been designed and completed, the final balance of payment is due in accordance with our payment terms prior to transferring the site to the Client. There are no exceptions to this; if the Client decides they no longer want the site, as they have commissioned the work and paid a deposit, they are still obliged to pay for the work that has been carried out. Non-payment will result in legal action being taken if necessary.

Website Design

Database, Application and E-Commerce Development

Webcraeft Ltd. cannot accept responsibility for any losses incurred through the use of any software created for the Client. Whilst every care has been taken to ensure products are problem-free and accurate, the ultimate responsibility lies with the Client to ensure that all software is functioning correctly before use.

Where applications or sites are developed on servers not recommended by Webcraeft Ltd., the Client is expected to provide or seek any information, additional software, support, or cooperation pertaining to the server required for the application to be correctly developed. For large applications, it is the Client’s responsibility to provide a suitable testing environment identical to the final production environment.

The Client is expected to fully test any application or programming related to a site developed by Webcraeft Ltd. before making it generally available for use. Where “bugs”, errors, or other issues are found after the site is live, Webcraeft Ltd. will endeavour (but is not obliged) to correct these issues to meet the standards of function outlined in the brief.

Charges and Costs

Charges for services to be provided by Webcraeft Ltd. are defined in the project quotation that the Client receives via e-mail.

Quotations are valid for a period of thirty (30) days. Webcraeft Ltd. reserves the right to alter or decline to provide a quotation after the expiry of the thirty (30) days. Prices quoted are only an estimate and may be subject to change during the design and build process. This can occur if the Client chooses to amend any aspect of their requirements or if any third-party costs arise beyond Webcraeft Ltd.’s control.

Any charges incurred by international payments or international bank transfers are not the responsibility of Webcraeft Ltd. Therefore, any such charges must be paid by the Client in addition to the amounts invoiced by Webcraeft Ltd. Consequently, Webcraeft Ltd. does not accept ‘shared charge’ arrangements for international payments.

Payment Terms

Unless agreed otherwise with the Client, for projects under £250 full payment is required before work begins on the project.

For all projects over £250, payment is required in two stages:

An advance payment of a minimum of fifty (50) percent of the project quotation total is required when the initial quote is agreed upon and before the project commences. Payment for third-party software and services, such as web hosting and domain names, may also be required in full at this stage.
The remaining fifty (50) percent of the project quotation total is required upon completion of the work, prior to upload to the server, release of materials, transfer of ownership or ‘launch’ of the website. The project is deemed completed once all the components in the project breakdown are finished.

Any additions or amendments outside of the project breakdown, which are required by the Client, will not extend the deadline of the payment of the remaining balance.

Any delays to the estimated project timeframe caused by the Client will not extend the deadline of the payment of the remaining balance.

Any delays to project completion caused by the Client will not extend the deadline of the payment of the remaining balance.

Payment for services is due by bank transfer. Bank details will be made available on invoices.

Invoices will be provided by Webcraeft Ltd. upon completion but before publishing the live project. Invoices are normally sent via email; however, the Client may choose to receive hard copy invoices. Invoices are due upon receipt.

It is Webcraeft Ltd.’s policy that any outstanding accounts for work carried out by Webcraeft Ltd. are required to be paid in full no later than five (5) days from the date of the invoice unless by prior arrangement with Webcraeft Ltd.

Accounts that remain unpaid ten (10) days after the date of the invoice will be assessed a service charge in the amount of the higher of one and one-half percent (1.5%) or £30 per month of the total amount due. We will contact Clients via email and telephone to remind them of such payments if they are not received when due.

If accounts are not settled or Webcraeft Ltd. has not been contacted regarding the delay, access to the related website may be denied, work carried out may be removed, and web pages may be taken down. We will then pass such cases to civil court to pursue payment; non-payment can result in court judgements being added to the Client’s credit rating.

Following consistent non-payment of an invoice, our Solicitors will contact the Client in question with a view to taking the matter further and, if necessary, to seek payment through legal procedures, including court summons if required.

Default on Payment

Accounts unpaid thirty (30) days after the date of the invoice will be considered in default. If the Client in default maintains any information or files on Webcraeft Ltd.’s web space, Webcraeft Ltd. will, at its discretion, remove all such material from its web space.

Webcraeft Ltd. 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. Clients with accounts in default agree to pay Webcraeft Ltd. reasonable expenses, including legal fees and costs for collection by third-party agencies, incurred by Webcraeft Ltd. in enforcing these Terms and Conditions.

Client Review, Revisions and Approval

Webcraeft Ltd. will provide the Client with an opportunity to review the appearance and content of the website during the design phase and once the overall project development is completed, but before upload to a server or release of the materials to the Client.

The Client must inform Webcraeft Ltd. of any amendments required within seven (7) days of design completion and within seven (7) days of project development completion. At the completion of the project, such materials will be deemed to be accepted and approved.

Webcraeft Ltd reserves the right to provide a maximum of three revision phases.

1. The Initial Design Phase. Revision of the initial design is afforded to the Client on one opportunity. During this revision phase, Webcraeft Ltd expects the Client to make any suggestions to the initial design which will include the header, the footer and the homepage and include colour, theming and typography (font). Webcraeft Ltd will provide the Client with an opportunity to submit revision requests via email on an excel or word document. Should Webcraeft Ltd agree on the suggested revisions as identified by the Client, Webcraeft Ltd will make the necessary changes at which point the Client will be asked to confirm they are happy with the initial design. This is known as the 'Design Sign-Off'. Webcraeft Ltd reserves the right to provide the Client with a quote for any requested amendment to the overall design or structure of the website from this point forward within the project.

2. The Midway Design Phase. A milestone within the project timeline will be scheduled by Webcraeft Ltd on commencement of the project. At this midway phase, the Client will have an opportunity to request revisions via email, on an excel or word document. The Client should at this point review the structure of any additional pages added since the 'Design Sign-Off' point. Should Webcraeft Ltd agree on the suggested revisions as identified by the Client, Webcraeft Ltd will make the necessary changes. At which point the Client will be asked to confirm they are happy with the design and structure of the additional pages. This is known as the 'Midway Sign-Off'. Webcraeft Ltd reserves the right to provide the Client with a quote for any requested amendment to the overall design or structure of the website from this point forward within the project.

3. The Final Phase. Our final milestone within the project timeline will be scheduled by Webcraeft Ltd on commencement of the project. At this final phase, the Client will have an opportunity to request revisions via email, on an excel or word document. The Client should at this point review the structure of any additional pages added since the 'Midway Sign-Off' point. Should Webcraeft Ltd agree on the suggested revisions as identified by the Client, Webcraeft Ltd will make the necessary changes. At which point the Client will be asked to confirm they are happy with the design and structure of the additional pages. This is known as the 'Final Sign-Off'. Webcraeft Ltd reserves the right to provide the Client with a quote for any requested amendment to the overall design or structure of the website from this point forward within the project.

Additional Work and Expenses

If the Client would like design mock-ups of their project before the project commences, this service can be provided for an additional cost.

Please confirm immediately if any changes need to be made to the project breakdown and quote provided. Any changes made after approval of the quote, including designs and any other material, will incur a further charge.

Any additional work required by the Client on a previously completed project will be considered as a separate project and will therefore incur charges of its own.

The Client agrees to reimburse Webcraeft Ltd. for any additional expenses necessary for the completion of the work. Examples include the purchase of special fonts, stock photography, plugins, etc.

Web Browsers and Devices

Webcraeft Ltd. 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. Mozilla Firefox, Microsoft Edge, Google Chrome, etc.).

Webcraeft Ltd. also makes every effort to ensure websites are designed to be viewed by the most common devices and screen sizes such as a mobile phone, tablet, laptop and desktop.

The Client agrees that Webcraeft Ltd. cannot guarantee correct functionality with all browser software across different operating systems.

The Client also agrees that Webcraeft Ltd. cannot guarantee functionality with all device types and screen sizes.

Webcraeft Ltd. cannot accept responsibility for web pages which do not display acceptably in new versions of browsers released after the website has been designed and handed over to the Client.

Rights and Ownership

Once all amounts due to Webcraeft Ltd. from the Client are paid and cleared, the Client is assigned the rights to use, as applicable, the products and services, including the website, which includes the text, graphics, animation, audio components, and digital components contained within the finished website, in accordance with these terms and conditions, the Project Agreement, and any applicable agreement, terms, or licence. However, no rights of ownership are conveyed unless specifically stated in the Project Contract.

No such rights as described above will pass until all amounts due to Webcraeft Ltd. from the Client are paid in full. If the Client has not paid the invoice in full within two (2) months from the date of the invoice, the Client agrees to forfeit their rights.

The rights to photographs, graphics, and any third-party items such as source code, always remain the property of their respective owners.

Unless explicitly agreed in writing within the Project Contract, all products, including Content Management Systems, interfaces, navigational devices, menus, menu structures or arrangements, icons, help, all operational instructions, scripts, CGI applications, software, programming/source code, and all other components of any source or object computer code that comprise the website, all literal and non-literal expressions of ideas that operate, cause, create, direct, manipulate, access, or otherwise affect the Content and design elements used or developed, and all software, and the products and results of our services, remain the property of Webcraeft Ltd. and we retain full ownership rights and all intellectual property rights.

The Client specifically agrees not to do anything that may in any way infringe upon or undermine Webcraeft Ltd.’s rights, title, or interest in the website or our products and services. This includes, but is not limited to, any sale, transfer, or gift of the whole or any part of any item, data, or anything whatsoever that we own. The Client fully understands that Webcraeft Ltd. may reproduce, reuse, develop, and use in any other way we choose, anything within our ownership.

Design Credit and Portfolio Display

A link to Webcraeft Ltd. 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 the 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 Webcraeft Ltd.’s portfolio and other marketing material.

Third-Party Alterations

Webcraeft Ltd. cannot accept responsibility for any alterations made by a third party to the Client’s pages once installed. Such alterations include, but are not limited to, additions, modifications, or deletions.

Domain Names, Hosting and Subscription Services

Webcraeft Ltd. may purchase domain names, website hosting, or other subscription services on behalf of the Client.

Payment and renewal of these domain names, website hosting, and other subscription services are the responsibility of the Client. The loss, cancellation, or otherwise of the domain name, website hosting, or other subscription services, brought about by non-payment or late payment, is not the responsibility of Webcraeft Ltd.

The Client should keep a record of the due dates for payment to ensure that payment is made in good time.

Privacy Policy

Please read our full privacy policy for more information.

Limitation of Access and Termination of Services

Webcraeft Ltd. may limit or deny your access to support or terminate services if we determine, in our reasonable discretion, that you are acting, or have acted, in a way that results or has resulted in misuse of support or services, or abuse of Webcraeft Ltd. team members.

Terminaton of Services by the Client

Termination of services by the Client must be requested in a written notice and will be effective upon receipt of such notice. E-mail or telephone requests for termination of services will not be honoured until and unless confirmed in writing. The Client will be invoiced for project work completed up to the date of the first notice of cancellation, with payment due in full within thirty (30) days.

If the Client has paid in advance, no refunds will be issued for the project work that has already been completed up to the date of the first notice of cancellation or termination.

Termination of services by the Client may also incur additional charges, such as the cost of transferring website hosting, domain names, or other services away from Webcraeft Ltd. to another provider.

Acceptance of Terms and Conditions

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.

Governing Law

This agreement shall be governed by English Law.

Limitation and Liability

Webcraeft Ltd. hereby excludes itself, its Employees, and its Agents from all and any liability for:

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 website;
Loss or damage to clients’ artwork/photos supplied for the site, whether the loss or damage results from negligence or otherwise.

The entire liability of Webcraeft Ltd. 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.

Severability

In the event that 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 remain 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 provision.

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