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Terms & Conditions

The following terms and conditions apply to all services provided by Godsman Graphics.

 

By engaging the services of Godsman Graphics, the Client confirms that they are in agreement with and bound by the terms and conditions below.

DEFINITIONS

We, Our or Us - Refers to Godsman Graphics.

Client, Their, They - Refers to the individual requesting the services of Godsman Graphics.

Services - Refers to Website Design, Website Maintenance, Search Engine Optimisation, Graphic Design, Social Media, IT Support and other related advice, guidance and services provided to the Client.

ACCEPTANCE

It is not necessary for any Client to have signed an acceptance of these terms and conditions for them to apply. Methods of acceptance are verbal or in writing including by telephone, email, text or social media messenger facilities.  If a Client accepts a quotation or invites us to undertake any services on their behalf, be it at our premises, online, or in their home or business premises, without a price being agreed in advance, then the Client will be deemed to have satisfied themselves as to the terms and conditions applying and have accepted these terms and conditions in full.

Any use of our services implies that the Client has read and accepted our terms and conditions.

CHARGES AND PAYMENTS

Project quotations are provided on request and will be issued in writing via email or via a postal service if requested. Charges for services requested and provision of said services will be defined in the quotation. Quotations are valid for 30 calendar days from the date of issue.  We reserve the right to alter and provide a revised quotation after expiry of the 30 calendar days.

Acceptance of a quotation can be confirmed verbally or in writing including by telephone, email, text or social media messenger facilities.  The Client should ensure that they have read the quotation and terms and conditions thoroughly and that all details of the services to be provided are included and understood.

Additional services undertaken outwith the scope of a quotation will be charged at our standard rate per hour (or part thereof) for that service.

Where no fixed price has been agreed in advance and services have been provided by us to the Client, be it at our premises, online, in their home or business premises, then charges will be made at our standard rate per hour (or part thereof) for that service.

A deposit may be required before any services are undertaken.  All deposits are non-refundable.

In all cases, fees relating to website hosting, domain names and business email services are payable in advance and are non refundable.

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PAYMENT TERMS AND LATE PAYMENT FEES

All invoices must be paid in full within 7 calendar days of the date of the invoice.  Payment is accepted by cash, cheque or bank transfer.  Bank details and payment terms will be stated on the invoice which will be emailed to the Client or sent via a postal service.

Invoices that remain unpaid after the due date stated on the invoice will be considered in default and will incur late payment interest charges from the date due until the date of payment and compensation for debt recovery costs under Late Payment of Commercial Debts (Interest) Act 1998 legislation.  We will contact the Client via email and/or a postal service to seek settlement of an overdue account, after which we may pursue payment via the Simple Procedure claims process.

Outstanding invoices related to website design services, website hosting, domain names and business email services will result in disconnection or unpublishing of changes made and cancellation of services until payment is received. A set up fee will require to be payable before any such reinstatement is made.

We reserve the right to decline further work be undertaken if invoices are outstanding with the Client.

 

We reserve the right to remove online services provided if invoices are outstanding with the Client.

WEBSITE DESIGN SERVICES

Unless agreed otherwise with the Client, all website design services require an advance payment of 50% of the quotation total before work commences.  The balance will require to be paid upon completion of the website and prior to upload to the server and the website launching live to the Internet.

The Client will be required to provide us with website content in the form of text, images, media links and contact details.  It shall be the responsibility of the Client to ensure that all materials presented are free from any third party claims for breach of copyright or license. 

Failure to provide required website content in a timely manner results not only to delays with the Client's website design but impacts upon the scheduled programme of works of others.  On any occasion where progress cannot be made due to the required information not being provided within a week of request and we are delayed as a result, an invoice will be raised for the works undertaken to date and a surcharge of 25% will be imposed for the rescheduling of works required to bring the project to completion.

The Client will be provided with regular opportunities to review the appearance and content of the website during the design phase and once overall development of the website is complete.  Significant changes to the design and/or structure of the website which appear late in the design and build process following adequate opportunities for review, will be charged at our standard rate per hour (or part thereof). 

 

Additional works carried out at the Client’s request will be charged at our standard rate per hour (or part thereof).

 

Responsibility of final proof reading of the website content lies with the Client. ​  

The website will remain under our ownership until the outstanding balance is paid in full.

WEBSITE UPDATES, MAINTENANCE AND SEARCH ENGINE OPTIMISATION

These services will be charged at our standard rate per hour (or part thereof) or delivered as part of a retained service package.

 

All websites built by us are search engine optimised.  The Client should understand that search engines are independent and use a number of considerations and criteria when ranking websites.  We cannot therefore guarantee position of appearance on search engines.

 

WEBSITE HOSTING, DOMAIN NAME REGISTRATION, BUSINESS EMAIL SERVICES

Website hosting fees, domain name registration fees and business email services, if applicable, purchased on behalf of the client from a service provider are payable in advance and are non refundable.

With regards to business email services, mail box set up instructions issued by the service provider will be provided to the client in order to facilitate set up.  We accept no responsibility for connectivity issues experienced through third party email apps as email service providers are increasingly only supporting their own web based email applications.

Renewal fees relating to website hosting, domain name registration and business email services must be paid prior to the date of expiry. An invoice will be issued to the Client in advance. If fees remain unpaid at the date of expiry, we accept no responsibility for the unavailability, loss or cancellation of the website, the domain name and associated business email services.

 

Reinstatement of website hosting, domain name registration and business email services will be undertaken at the Client’s request incurring a set up fee.  The set up fee and fees relating to website hosting, domain name registration and business email services will require to be paid in advance of works being undertaken.

GRAPHIC DESIGN

Unless agreed otherwise with the Client, all graphic design services require an advance payment of 50% percent of the quotation total before design work commences. Artwork files supplied to the Client for review will be watermarked. The remaining 50% will require to be paid upon completion of design work and prior to removal of watermarks and supply of final artwork files.

SOCIAL MEDIA MANAGEMENT

This service will be charged at our standard rate per hour (or part thereof) or delivered as part of a retained package.

 

The Client will be required to allocate to us administrative rights to their social media accounts on which they require us to post material on their behalf.

IT SUPPORT

This service will be charged at our standard rate per hour (or part thereof) or delivered as part of a retained package.

If we are able to resolve the IT problem but are prevented from doing so by the Client requesting us not to proceed with the work, then the Client will be charged for our time up to that point at our standard rate per hour (or part thereof) for that service.

If we are able to resolve the IT problem but are prevented from doing so due to the Client not knowing or being in possession of a required password or product key, then the Client will be charged for our time up to that point at our standard rate per hour (or part thereof) for that service.

If we provide a diagnosis of a failed component and the Client decides not to proceed with the repair or replacement of the component, then the Client will be charged for our time up to that point at our standard rate per hour (or part thereof) for that service.

RETAINED SERVICES

Retained services are available for website maintenance and search engine optimisation, social media management and IT support services.

 

Packages will provide a detailed explanation and cost of the services to be provided on a monthly basis.  A retainer fee will be payable upon receipt of an invoice issued in advance and prior to the beginning of each month of service.

DESIGN CREDIT

A link to our website will appear in small type at the bottom of the Client’s website.  The Client may request that this design credit be removed.  The Client agrees that any services undertaken by us may be displayed in a portfolio of work either online on our website or via our social media channels. 

GOVERNING LAW

This Agreement shall be governed by and construed in accordance with the laws of Scotland. 

INDEMNITY

All services provided by us must be used for lawful purposes only.  The Client agrees to indemnify and hold us harmless from any claims resulting from their use of our services that damages them or any other party.

LIABILITY

We are hereby excluded 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

Loss or damage to Client's files or photos whether the loss or damage results from negligence or other cause

Loss or damage caused by any actions undertaken by us at the Client's direction

We accept no liability in respect of any IT related problem we are unable to remedy due to any factors beyond our control.  These include, but are not limited to, the specification, age, or condition of a Clients hardware or software, failure to gain access to password protected systems and issues with telecommunications and internet connections.

Our entire liability to the Client in respect of any claim whatsoever or breach of these terms and conditions, whether or not arising out of negligence, shall be limited to monies due or paid for services provided in respect of which the breach has arisen.

SEVERABILITY

In the event that any of the provisions within these terms and conditions are held to be invalid or unenforceable, all other provisions will nevertheless continue to be valid and enforceable with the invalid or unenforceable parts severed from the remainder of these terms and conditions.

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