Terms & Conditions
These terms and conditions apply to all contracts between “The Company” Creatika and “The Client” requesting services provided by Creatika.
1.1 “The Company” shall be defined as Creatika
1.2 “Services” mean the web design services provided by Creatika to the client
1.3 “The Client” means the individual or company requesting the web design services
2. Application of the Terms and Conditions
2.1 These terms and conditions apply to the sale of services by Creatika to the client with the exclusion of amended terms and conditions in accordance with figure 2.2.
2.2 Creatika reserves the right to amend these terms and conditions without notice. Current terms and conditions are available to be viewed here and it is the responsibility of the client to make themselves aware of any amendments.
2.3 Creatika will only accept work for clients who are aged 18 or above.
2.4 All enquiries and orders received by telephone, email or letter to purchase a service shall be deemed as acceptance of these terms and conditions.
3.1 Creatika preferred method of communication is by email.
3.1.1 Emails shall be deemed as received on the date they were sent.
3.1.2 It is the responsibility of the client to provide accurate contact details.
3.2 The website design and development will be undertaken directly with the client by telephone conferencing.
3.3 All invoices and quotations will be sent by email and shall form a legal document as if they were sent by traditional post/mail.
3.4 Visits to the client’s premises are not included in the quotation. If the client requires a visit to their premises, Creatika reserves the right to make a charge for travelling expenses and consultancy rates. This will be agreed and approved with the client before the work/project commences.
4. Commencement / Completion
4.1 Creatika will provide the client with a quotation of costs for the services by email.
4.2 All quotations will expire 30 days after the issue date. All prices quoted may be subject to change after this period.
4.3 The Client will provide Creatika with the information required for the project and will answer queries and provide decisions and approvals, which are necessary for the project to be completed.
4.4 Any additional work that is required to complete the project and is not documented as part of the quotation or invoice is chargeable.
4.5 All web design projects must be completed within 16 weeks of the signature date on this contract; it cannot be postponed or delayed unless otherwise agreed by Creatika in writing.
4.6 If the project runs over 16 weeks due to the client, a charge of 15% of the original price quoted on the contract will be applied to the final invoice to cover inconvenience. The contract will also be re-assessed and the client will be invoiced appropriately. Item 6.1 and 6.2 still apply. Any payment made before the re-assessment will be deducted from the final invoice.
4.7 If any significant changes need to be made to the contract, Creatika is entitled to make changes to the quoted price. If an agreement cannot be arranged item 6.1 and 6.2 will still apply.
4.8 Creatika will ensure that all completed website projects are fully functional. It is the clients responsibility to check the functionality before approving the website for sign off. Thereafter the client is responsible to update, manage and maintain the website unless a maintenance and support contract applies with Creatika.
4.9 Once the service has been completed and approved by the client any further additions or amendments will be chargeable.
5. Deposits and Payment
5.1 Creatika preferred method of payment is Bacs. (Bankers Automatic Credit Transfer)
5.2 A deposit of 75% (cleared funds) of the estimated quotation unless otherwise stated is required before work can commence on any web design project. The client understands the deposit is non refundable.
5.2.1 The client will be required to pay 20% of the final web design quotation amount agreed halfway through the project in exchange for all work completed to date. The client understands that this is non refundable and the remaining balance of 5% will be payable immediately on completion of the project/work.
5.3 The client is legally required to pay all invoices in full to Creatika on receipt of invoice.
5.4 Creatika does not provide credit facilities and payment is due as set out in 5.3.
5.5 All projects undertaken will remain the property of Creatika and will not be transferred to the client until full payment has been received.
6. Cancellation and Termination
6.1 If the client wishes to terminate the contract before its completion the client must pay Creatika an “Early Termination Fee” of £100.00 for inconvenience.
6.2 The Early Termination Fee 6.1 is taken in addition to any payment received before the date of termination; this includes deposits and upfront payments.
6.3 Creatika has the right to terminate the service immediately if the client fails to pay any invoice that has become overdue.
7.1 The client must ensure that all material, content, images provided to Creatika are not in breach of copyright.
7.2 Creatika reserves the right to refuse any material of a copyrighted description unless adequate proof of receipts and permission is provided.
7.3 All content that is the sole creation of Creatika is the property of Creatika. Creatika retains the exclusive rights to publish all works as their own.
7.4 The Client is not permitted to resell, transfer, make profit or claim work as his or her own created by Creatika.
7.5 Creatika retains the right to display examples of their completed projects online at www.creatika.co.uk
7.6 Creatika retains the right to display a url (uniform resource locator) link back to their website.
8.1 The client agrees to indemnify Creatika and keep indemnified from and against any breach by the client of these terms and conditions.
8.2 Any claim brought against the client by a third party resulting for the provision of work by Creatika to the client and the client’s use of work, without limitation, all claims, actions, proceedings, losses liabilities, damages, costs, expenses howsoever suffered or incurred by the client, Creatika shall not be held liable for.
9. Governing Law
9.1 These Terms and Conditions shall be governed by and construed in accordance with the laws of England and Wales. Any dispute arising under these Terms and Conditions shall be subject to the exclusive jurisdiction of the courts of England and Wales.
10.1 Creatika cannot be held liable for any copyright infringements where the client has provided the content and images.
10.2 Creatika cannot be held liable for any loss or damage caused by any inaccuracy, omission or error, whether the result of negligence or other cause in the production of the web site.
10.3 Creatika cannot be held liable for any third party software installed or plugin(s) updated by the client that cause the website to no longer function correctly.
10.4 Creatika cannot be held responsible for the delay of any work due to the client.
10.5 If the client requires the service to be completed earlier than the estimated delivery date, Creatika cannot be held responsible for any delays.
10.6 In the unlikely event that Creatika fails to meet an agreed deadline the client has the option to cancel the contract with no extra fee. However all works completed to date are payable in full.
11.1 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.