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 quote 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.
The client’s approval for work to commence shall be deemed a contractual agreement between the client and Horizon Media Ltd T/a Creative Horizons. This includes agreement through email, phone and in person. All work is commenced once either a part or full payment is made by BACS, Card Payment, Direct Debit or PayPal.
Important Approval for the work to commence and payment of the advance fee indicates that the client accepts the terms and conditions outlined in this document.
Clients Responsibilities with Regard to Copyright
In situations where the client provides images, text, animations or any other content for their website they are legally responsible for ensuring that this material does not infringe any copyright. Certain images provided by Horizon Media Ltd T/a Creative Horizons in the construction of the website may have been purchased under licence from stock image suppliers. These images are generally only licensed for use on a single website and may not be used in publicity material. The website owner is legally responsible for ensuring that this does not happen. If you wish to use any images from the site for other purposes please contact us for clarification.
All third party costs arising from the registration of a domain name shall be met by the Client. Horizon Media Ltd T/a Creative Horizons recommends that clients register their own domain names so that they have full ownership of these but where we have registered a domain name on the client’s behalf.
Search Engine Promotion as Part of Website Design
Horizon Media Ltd T/a Creative Horizons website services whether sold as part of a larger website promotion package or individually are sold on the understanding that Horizon Media Ltd T/a Creative Horizons is not responsible for the client’s on-going website promotion. Should the client require the site to be promoted on an ongoing basis it is done under separate terms and conditions that can be found both online and upon request. The order in which websites are ranked in the natural search results is controlled by the search engines. While we can optimise your site for this we are unable to make any guarantees about the success of any search engine promotion activity.
Should the client wish to cancel at any point during the process they shall remain liable for the work that has taken place and shall be invoiced accordingly. If payment has been made in full then the client is not entitled to a refund either part of full.
IMPORTANT! Failure to Provide Required Website Content
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 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 we cannot progress your website because you have not provided the required information when you have agreed to do so, and we are delayed as result, we reserve the right to impose a surcharge of up to 25%. Also, if your job 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 within four weeks 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 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 (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.
Although we use a range of plugins and themes when building a clients website it is the sole responsibility of the client to register their plugins once the site has been developed and set up on hosting. Where a fee is applicable to the theme or plugin developers in order to obtain a licence it is down to the client to pay this fee. A licence fee for plugins can be paid either directly to us for us to licence the plugins on a client behalf or through the clients WordPress dashboard directly to the developers.
Conceptualising is the process of producing website concepts for clients. Concepts can include site mock ups, graphics and design proposals. For higher cost websites this will be included but for low-cost sites (below £1000) please bear in mind that unless previously agreed, only one concept is possible. You should, therefore, ensure that you let us have your preferred colour scheme and design requirements beforehand. If you don’t do this we will design the website appropriately but if it is not to your taste we may not be able to rework the website without additional charges. This is why it is often best to show us another website that you like as an example of what you require.
The price quoted to the client is for the work agreed on the quotation only. Should the client decide that changes are required after work on the website commences, then we will accept these changes with the provision that additional charges may have to be negotiated.
An advance of 50% of the total cost of the project is required before work can commence where the price of the total value of the work exceeds £1000. After work commences this is non-refundable. All websites or optimisation or marketing with initial fees of less than £1000 must be paid in full before work is started.
Payment is currently accepted by Card Payment, Cheque or BACS in UK Pounds Sterling unless otherwise agreed. If your cheque is returned by the bank as unpaid for any reason, you will be liable for a “returned cheque” charge of £25.
A website created by Horizon Media Ltd T/a Creative Horizons is complete once a client requests a site to go live on hosting. If the client has paid for hosting with ourselves then this process can be completed internally. Horizon Media Ltd T/a Creative Horizons is not liable for any technical or customer service issues that arise from the use of third party hosting. The client understands that site loading speeds and performance are directly affected by their hosting and as such once a website is uploaded to a third party host we are no longer responsible for the management and loading times for this site.
Once the project is completed, the Developer will upload the website to the Client’s live web address if included as part of a project.
After site completion, a Client or a third party of their choosing may wish to edit their website code themselves to make updates. However, the Client agrees that in so doing they assume full responsibility for any issues which occur as a result of changing the code themselves. If the Client or a third party of their choosing edits the website code and this results in functionality errors or the page displaying incorrectly, then the Developer reserves the right to quote for work to repair the website.
The Developer shall have no liability to the Client or any third parties for any damages, including but not limited to claims, losses, lost profits, lost savings, or other incidental, consequential, or special damages arising out of the operation of or inability to operate these web pages or website, even if the Developer has been advised of the possibility of such damages.
Horizon Media Limited 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.
Credit Card Payments
Credit Card and Debit Card payments can also be accepted over the telephone. Credit Cards are subject to a 4% surcharge. (Full payment is required in advance if paying by credit card).
Payment of any balance will be due within 30 days of final invoice date. Full publication of the Web Pages may take place only after full payment has been received. Any material previously published may be removed if payment is not received. When this occurs a minimum charge of £50 will be required to have the site restored.
Accounts that have not been settled within 7 days of our final reminder will incur a late payment charge of 10% of the amount outstanding. You will also be charged statutory interest of 8% above the reference rate (fixed for the six month period within which date the invoices became overdue) pursuant to the late payment legislation.
The website is provided to and accepted by the client as a fully functioning, completed work. Horizon Media Ltd T/a Creative Horizons is not responsible for future support. This support can normally be provided upon request and for an agreed fee. No guarantee of future support is given unless an ongoing support package is negotiated.
Future Site Problems
Unfortunately, malicious software, spyware, viruses and website hacking are facts of life on today’s Internet. It is highly unlikely that these will affect your website, and Horizon Media Ltd T/a Creative Horizons will endeavour to protect it from this as much as we can during its creation. We cannot be held responsible for problems that develop on completed sites as a result of illegal activity.
If for any reason monthly payment for any service should fail to be collected for any reason then we will automatically attempt to take the payment again in approximately 3 – 5 days after the due date. If for any reason this payment also fails to be collected then a late payment fee of £20 will be added to your account. If direct debits are cancelled by the buyer this will by no means cancel the marketing contract you have entered into and the buyer will be liable for the total of the contracts remaining value instantly. In certain circumstances the buyer will be allowed to clear the arrears and reinstate the direct debit payments with no additional costs. If either of the above instances occur the buyers marketing will automatically be paused yet normal monthly costs will be charged/accrued.
Compliance with E-commerce, Accessibility or Other Regulations
We design websites in accordance with the client’s specifications. It is the client’s responsibility to ensure that the website and its content comply with standing regulations. We cannot accept responsibility for any failure to comply with regulations related to accessibility, selling online or those related to a specific business or trade. We can research this on the client’s behalf upon request, but in any business where complex compliance issues exist we recommend that the client takes legal advice from their company lawyer.
Should you wish to move source code from our hosting environment we will upon a fee of 50% of the initial development price grant a full license for you to migrate the source code and all graphics, branding, images and databases.
BUSINESS TO BUSINESS CONTRACTS
Trading Standards can offer advice on business to business contracts, for the supply of products, as well as contracts where businesses need help with an agreement they have entered into with a consumer. The law treats business to business contracts differently than it does business to consumer contracts. These differences include the following:
1) Distance selling & doorstep selling Regulations
Businesses do not get cooling off periods when signing up to contracts at home or business premises or at a distance. Unless the contract you have with the company you are purchasing the product from states you have a cooling off period, you will not have one.
2) Unfair Terms
A large proportion of the legislation relating to unfair terms either does not apply in a business to business contract or only applies at the discretion of the court. It is always important therefore to check your terms and conditions prior to signing up to a contract.
Should Horizon Media Ltd T/a Creative Horizons waive any of these terms on an individual basis, this shall not affect the validity of remaining clauses or commit Horizon Media Ltd T/a Creative Horizons to waive the same clause on any other occasion.
By agreeing to these terms and conditions your statutory rights are not affected. Horizon Media Ltd T/a Creative Horizons reserves the right to change or modify any of these terms or conditions at any time. Should clarification of any of the above be required please contact us.
SEARCH ENGINE OPTIMISATION (OPTIMIZATION, SEO) TERMS
“SEO services” refers to all the actions or services provided by Horizon Media Ltd as detailed in the SEO Specifications From.
Terms including “social media exposure”, “writing product descriptions”, “press release submission”, “manually create Meta tags”, “XML sitemap creation”, “Google Shopping optimisation”, “Google Places optimisation”, all refer to SEO service options which may or may not be included in your SEO services package.
“Fair use policy” refers to Horizon Media Ltd policy regarding the amount of time you may take advantage of our additional email and telephone support which is defined by what level of SEO services you receive. These are as follows: Starter package – up to 1 hour per month, Small Business Package – up to 2 hours per month, advanced – up to 2 hours per month, Premium – up to 6 hours per month. Your SEO Consultant can tell you which package you fall into. If a package as has been applied at all to your account.
“Best practice” refers to the generally accepted informally-standardized, best techniques, methods or processes that have proven to be effective at achieving a given task.
Your SEO services cannot begin until you have paid for your first month.
Any additional SEO services you add to your existing SEO services at a later date, will incur an additional charge.
We hold you into a contractual agreement of 1 month unless otherwise stated by agreeing to these terms and conditions you agree you will serve us with a minimum of 30 days’ notice (either in writing, or by a phone call which is then followed up by an email) if you wish to cancel your SEO services at the end of the 1-month contract.
In the unlikely event that you choose to end your contract with Horizon Media Ltd within contract we require a cancellation fee which will be no greater than the 40% of the outstanding contract amount, any monies you owe to Horizon Media Ltd for SEO services provided will still be due and may be passed to a debt collection agency to reclaim.
Horizon Media Ltd will always recommend key phrases that have the potential to bring you the quickest return on your investment. If you pick key phrases that we do not recommend, Horizon Media Ltd cannot guarantee any timescales or increase in traffic as a result.
Any SEO work you perform out with our recommendations, including link building, changes to your website or anything else that negatively affects your rankings or your conversions will not be deemed the responsibility of Horizon Media Ltd.
Any failure on your part to stay in regular contact with us regarding changes to your site including confirmation and approval of key phrases or content etc. that affects your SEO services negatively is not the responsibility of Horizon Media Ltd.
Horizon Media Ltd will not be held responsible for any illegal activities your website is involved in or promotes, e.g. selling counterfeit goods.
Horizon Media Ltd will not be held responsible if you overwrite or modify any SEO work carried out by us. Overwriting the work we carry out can adversely affected the search engine marketing campaign resulting in loss of rankings.
Any external influences that affect your site negatively through hosting services, domain registration or any others will not be held as the responsibility of Horizon Media Ltd.
Unless otherwise agreed; you are responsible for inputting and creating your own content.
Content created on your behalf by Horizon Media Ltd, once you have approved it, is no longer the responsibility of Horizon Media Ltd. You accept full responsibility for its accuracy, maintenance and its legality.
Search engines change their algorithms regularly, which can result in fluctuations in your search ranking positions. Horizon Media Ltd will not be held responsible for these fluctuations or if an algorithm change results in dramatic changes to your website rankings.
As Search Engines are third parties it understood that all our marketing services are offered on the basis that there can be no guarantee of the results of outcome of the services offer. Clients are paying for the time they receive our skills and knowledge and that no position or page is fixed or guaranteed as part of any services provided.
You agree to our ‘Fair Use Policy’ regarding our ‘additional email and telephone support’.
Fair Use Policy:
Starter package: up to 30 minutes per month
Small Business Package: up to 1 hours per month
Advanced Package: up to 2 hours per month
Any additional support out with your allocated time may be subject to further charges. Invoiced at an hourly rate.