1. Website Design Terms & Conditions
1.1 By placing an order with Click Cube, you confirm that you are in agreement with and bound by the terms and conditions below.
2. Definitions
2.1 The Client:
The company or individual requesting the services of Click Cube.
2.2 Click Cube:
Primary designer, employees or affiliates of Click Cube.
3. General
3.1 Click Cube shall carry out work only where an agreement is provided either by email, telephone or mail.
3.2 Click Cube will carry out work only for clients who are 18 years of age or above. An ‘order’ is deemed to be a written or verbal contract between Click Cube and the client, this includes telephone and email
agreements.
4. Website Design
4.1 Whilst every endeavour will be made to ensure that the website and any scripts or programs are free of errors, Click Cube cannot accept responsibility for any losses incurred due to malfunction, the website or any part of it.
4.2 The website, graphics and any programming code shall remain the property of Click Cube until all outstanding accounts are paid in full.
4.3 Any scripts, CGI applications, php scripts, or software (unless specifically agreed) written by Click Cube shall remain the copyright of Click Cube and may only be commercially reproduced or resold with the permission of Click Cube.
4.4 Click Cube cannot take responsibility for any copyright infringements caused by materials submitted by the client. We reserve the right to refuse any material of a copyrighted nature unless adequate proof is given of permission to use such material.
4.5 Any additions to the brief shall be carried out at the discretion of Click Cube and where no charge is made by Click Cube for such additions, Click Cube accepts no responsibility to ensure such additions are error free and reserve the right to charge an according amount for any correction to these or further additions.
4.6 The client agrees to make all required materials available as soon as is reasonably possible to complete the site to the agreed standard and within the set deadline.
4.7 Click Cube will not be liable for costs incurred, compensation or loss of earnings due to the failure to meet agreed deadlines.
4.8 Click Cube will not be liable or become involved in any disputes between the site owner and their clients and cannot be held responsible for any wrongdoing on the part of a site owner.
4.9 Click Cube will not be liable for any costs incurred, compensation or loss of earnings due to the work carried out on behalf of the client or any of the clients appointed agents.
4.10 Click Cube will not be 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.
5. Database, Application and E-Commerce Development
5.1 Click Cube cannot take responsibility for any losses incurred by 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 in ensuring that all software is functioning correctly before use.
5.2 Any scripts, CGI applications or software (unless specifically agreed) written by
Click Cube shall remain the copyright of Click Cube and may only be commercially reproduced or resold with the permission of Click Cube.
5.3 Where applications or sites are developed on servers not recommended by Click Cube, the client is expected to provide or seek any information, additional software, support or co-operation pertaining to the server required in order for the application to be correctly developed. Where large applications are to be developed, it is the client’s responsibility to provide a suitable testing environment which is identical to the final production environment.
5.4 The client is expected to test fully any application or programming relating to a site developed by Click Cube before being made generally available for use. Where “bugs”, errors or other issues are found after the site is live, Click Cube will endeavour (but is not obliged to) to correct these issues to meet the standards of function outlined in the brief.
6. Compatibility
6.1 Click Cube will endeavour to ensure that any developed/designed site or application will function correctly on the server it is initially installed in and that it will function correctly when viewed with the web browsing software Microsoft Internet Explorer Version 6 and to an acceptable level with Mozilla browsers. Click Cube can offer no guarantees of correct function with all browser software.
7. Website Hosting
7.1 Whilst Click Cube recommends hosting companies to host websites, no guarantees can be made as to the availability or interruption of this service. Click Cube cannot accept liability for losses caused by the unavailability, malfunction or interruption of this service, or for loss of turnover, sales, revenue, profits or indirect, consequential or special loss.
7.2 Click Cube reserves the right to refuse to handle in any way, material which may be deemed offensive, illegal or in any way controversial, and also to terminate the hosting service should the necessity arise.
8. Payment of Accounts
8.1 A deposit of 25% is required from any new client before any work is carried out. It is the Click Cube’s policy that any outstanding accounts for work carried out by Click Cube or its affiliates are required to be paid in full, no
later than 30 days from the date of the invoice unless by prior arrangement with Click Cube.
8.2 Once a deposit is paid and work completed you are obliged to pay the balance of payment in full. We will contact clients via email and telephone to remind them of such payments if they are not received when due.
8.3 In the event of Click Cube has completed the designing part of the work and that the completion of the website is dependent on materials submitted by the client. Click Cube shall reserve the right to invoice the client for the work done. This payment shall be paid no later than 30 days from the date of invoice unless prior arrangement with Click Cube.
8.4 If accounts are not settled or Click Cube have not been contacted regarding the delay, access to the related website may be denied and web pages removed, we will then pass such cases to the Small Claims Court to pursue
payment, non-payment can result in county court judgements (CCJ’s) being added to the clients credit rating.
8.5 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 need be to seek payment through legal procedures, and if necessary, court summons.
8.6 Once a website has been designed and completed the final balance of payment is then due in accordance with our payment terms. There are no exceptions to this, i.e. 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 done. Non-payment will result in legal action being taken if necessary.
8.7 In the event of the client requesting a complete restart/reset of the website, additional charges would apply depending on how many hours of work Click Cube employees have already contributed towards the development of the website.
9. Complaints Procedure
Informal procedure
9.1 Anyone who experiences a problem with their web service provided by Click Cube should raise the matter directly by email to us, giving sufficient information to locate the material (such as an URL) and clearly outlining the grounds
for complaint.
9.2 Click Cube will approach the individual responsible for the material in question with a view to resolving the matter to the satisfaction of the complainant.
Formal complaints procedure
9.3 The formal complaints procedure should only be used where the complainant feels that the nature of the complaint is too serious to be dealt with informally, or where a satisfactory conclusion has not been reached after following the informal procedure.
9.4 A formal complaint should be made in writing to Click Cube, who will acknowledge receipt and ensure that the matter is looked into as soon as possible.
9.5 An initial response to any complaint can be expected within seven days of its receipt; a full and considered response to the complaint should be completed