Terms and Conditions

 Pink Fish Associates Web Design 

1. We reserve the right to refuse to construct a web site which we may judge as unfit due to content or otherwise. This includes, but is not limited by, sites containing adult oriented material such as pornography, sites which promote hatred towards persons belonging to any ethnic group, religion or sexual orientation and sites which infringe copyright or are contrary to UK laws.  

2. The acceptance of a commission shall be deemed as a contractual agreement between the client and Pink Fish Associates.  

3. Pink Fish Associates can not always guarantee to start work immediately on a commission but will arrange a date with the client as to when work can commence.  

4. All material, both text and images, supplied by the client and used in the construction of the client’s web site, will remain the client’s property. All such material will be assumed to be the property of the client and free to use without fear of breach of copyright laws.  

5. The copyright for all material provided by Pink Fish Associates, such as HTML code, graphics, photographs and text, will remain the property of Pink Fish Associates until such time as payment has been made in full whereupon they will become the property of the client.  

6. In some circumstances the intellectual property of any unique code or customized database production will remain the property of Pink Fish Associates.  

7. Pink Fish Associates makes every effort to design pages which display acceptably in the most popular current browsers, but can not accept responsibility for pages which do not display in the same manner in some, particularly, older browsers.  

8. Pink Fish Associates will submit a client’s website to several of the major search engines as part of the design commission. If a client wishes Pink Fish Associates to promote a web site as a separate commission, Pink Fish Associates will make every reasonable effort to promote the website effectively but can not guarantee high rankings in search engine results.  

9. Pink Fish Associates can accept no responsibility or liability if any search engine, online directory or search site, submitted to as part of a web site promotion commission, chooses not to list a client’s web site.  

10. Pink Fish can not promote one type of business above another similar business unless that client is engaged in an internet marketing campaign.  

11. Pink Fish Associates will initially place the client’s website on one of Pink Fish Associates ‘s demonstration websites in order that the client may view and comment upon the website’s progress. When both Pink Fish Associates and the client agree that the website meets the criteria agreed during the commissioning process, Pink Fish Associates will invoice the client for the full amount due for the commission. On receipt of payment, Pink Fish Associates will publish the website on the client’s domain, or provide the source code for the site via a download (or cd-rom disk) for the client to upload.  

12. If at any point during the Website Development Cycle a client wishes to cancel, they may do so but will be invoiced an amount that Pink Fish Associates judges to be proportional to the amount of work completed on the commission.  

13. If, during the Website Development Cycle, the client does not supply the content required in order to complete the commission within a reasonable amount of time, Pink Fish Associates will post a temporary holding page and set the page live under the minimum hosting terms. A period of 13 weeks is deemed acceptable to recieve content if the no content is recieved in this period the job will be cancelled and the full fee is due.

14.Pink Fish reserve the right to terminate a contract and build in a break out clause to be applied at any one of the 3 stages during the project. If we are unable to get agreement to sign off the design element. If the technical build changes to a solution that is not deliverable or is in excess of the agreed fees. Or if the relationship with our client proves unworkable and we have to pass all the graphic and technical build over to be hosted or supported by another party other than Pink Fish Associates.   

15. Pink Fish Associates expects payment by cheque, or cash within 14 days of the date on the invoice. The payments are staged and an invoice will be issued at the appropriate stage in the design process.  

16. Pink Fish Associates does not undertake to maintain or update a client’s website as part of the design commission. If a client wishes Pink Fish Associates to maintain or update a web site as a separate commission, Pink Fish Associates will negotiate with the client a maintenance contract appropriate to the amount of work required. Web site maintenance may also be undertaken on a time and materials basis if the client so wishes.  

17. If during the hosting period a client wishes to move the tag to another supplier then the hosting for that 12 month period is not refundable and any outstanding fees being paid on standing order will be due in full. Up to and including the date when the yearly hosting is due.

18. Pink Fish Associates reserves the right to alter prices at any time without notice. If a client has commissioned any services from Pink Fish Associates prior to a change in prices, that commission will not be subject to any increase, but any subsequent commission may be subject to an increase.  

19. By agreeing to these terms and conditions your statutory rights are not affected.   

Pink Fish T&Cs for Online shops    

1. Pink Fish will select a suitable ecommerce platform, depending on the available budget and the technical competence of the client /user.
2. The platform will be down loaded from the provider and set up on a temporary license with Pink fish as the listed agent.
3. A template will be selected and down loaded onto the Pink Fish server. The template will be branded and customised to emulate the clients branding and chosen colour palate.
4. The template will be customized where possible but limitations in the template code may result in positioning of logos, shopping basket icons, and navigation headings, not being possible to be positioned to match other ecommerce platforms.
5. Clients must accept that these limitations are not within the control of Pink Fish and extensive customization may lead to extra charges or selecting a completely different and possibly more expensive platform.
6.  Pink Fish will not populate online shops. Pink Fish will provide a shell platform and assist with adding a small selection of products. This is limited to 10 items with a photograph and a description and price. A maximum of 5 categories will be set up and the client will be shown how to add more. Plus instruction videos are available to show how to add product options and variables. Pink Fish will then train the client/ user on adding and set up products and products descriptions and options.
7. All content for the initial set up must be provided in Word Document format for descriptions and prices and all images or graphics must be provided in Jpeg format.
8. Pink Fish will set up a payment gateway either with a call back system for taking payment over the phone or via a payment gateway of the client’s choice from the list available in the software program. The client will supply all relivant details from their bank.
9. Pink Fish are simply providing a platform and enabling a client to get started with online sales. Any further or advance training will be the responsibility of the client to use the training videos available and liaise with the software provider directly.
10.  Pink Fish are not responsible for any down time, routine maintenance or break in continuance of service from a third party provider.
11. Once a project has reached an agreed completed stage Pink Fish are at liberty to pass the license details to the client. With this hand over any responsibility for the platform is no longer with Pink Fish or its Associates.
12. The passwords and login on online shops will expire if no activity is logged after a 90 day period. Clients are responsible for this time period and that passwords are stored safely and are accessible.
13. Pink Fish are not liable for any transactions passing through the platform and any fraudulent transactions via third party providers such as Pay Pals or bank Merchant accounts.
14. Pink fish are not responsible for the success or failure of any online business and is simply providing a service to enable a business to trade on line via a software package that is deemed suitable to their needs.
15. If during or after any stage is completed then Pink Fish or the client are at liberty to end the working relationship. If this is the case then all graphics and license details will be passed to the client, or another provider of their choice Any outstanding fees will be adjusted accordingly to cover the time and set up fees incurred, up to and including the time of the break down in the working relationship.
16. Pink Fish have the right to pass all details across to the client and introduce the client directly to the software provider to continue the relationship.
17. When a project has been running for a period of time Pink Fish have the right to a break out clause and pass the business details back to the client and cease to support or maintain the platform on the clients behalf.
18. If a client wishes to cancel or suspend an online shop that is maintained by Pink Fish a month’s written notice is required. A further 1 month may pass before all accounts are settled and the platform is fully cancelled or suspended.

 Pink Fish Associates reserves the right to change or modify any of the terms and conditions contained in the Terms and Conditions.  

Terms were updated and Modified 2011