Terms and Conditions
Definitions: We / Us /Our = Pink Fish Associates Ltd. You = the client.
- 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.
- For WordPress based websites the copyright for all material provided by Us such as HTML code, graphics, photographs and text, will remain Our property until such time as payment has been made in full whereupon they will become the property of the client except in the case of bespoke code.
- For bespoke code created by Us We retain the copyright but we grant a non-exclusive licence to use , re-write or create derivative software from it. Unless specifically stated that we are renouncing or transferring Intellectual property rights or renouncing our copyright (which must be done in writing) it will remain Our property.
- We make every effort to design pages which display acceptably in the most popular, standard, current release browsers but We cannot accept responsibility for pages which do not display acceptably in non-standard or older versions of browsers. You must inform us in writing if there is a particular browser or release version that must be accommodated.
4.1 We will submit your website to Google, Bing and Yahoo! as part of the design commission. If You require Us to promote a web site as a separate commission, We will make every reasonable effort to promote the website effectively but cannot guarantee high rankings in search engine results.
- We 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.
- We will build Your website on our development server in order that You may view and comment upon the website’s progress. When both We and You agree that the website meets the criteria agreed during the design process We will – subject to the agreed payment terms being met – publish the website on Your domain or provide the source code for the site via a download (or cd-rom disk) for You to upload.
- If at any point during the Website Development Cycle You wish to cancel, You may do so but will be invoiced an amount that We calculate to be proportional to the amount of work completed on the project so far.
- If during the Website Development Cycle You do not supply the content required in order to complete the commission within six months from the point of order (unless both parties agree that there are exceptional circumstances which have prevented the project from progressing) We will post a temporary holding page and set the page live at which point the full settlement of all unpaid project fees will become due.
- We reserve the right to terminate a contract and invoice You an amount that We calculate to be proportional to the amount of work completed on the project so far if; i) we are unable to get agreement to sign off the design element. ii) You modify the website build / software solution such that it becomes a solution that is outside of the original scope of work agreed iii) Our relationship with You proves unworkable in which case we will make all reasonable efforts to the project over to be completed, hosted or supported by another party.
- We require payment within 21 days of the date on the invoice. We reserve the right to apply a late payment charge of 5% for every month beyond the 21 days. Payments should be made by Bank Transfer. If payments are staged – not including Hosting charges – we reserve the right to add a 4% uplift – if this applies to You it will be made clear on the order form.
- We do not undertake to maintain or update a client’s website as part of the design and build commission. If You wish Us to maintain or update the web site this will be subject to a separate commission.
- Our Hosting plan may include one hour per month of website administration or development work. Unused time cannot be carried forward. Hosting contracts are non-refundable.
12.1 If You wish to move the IP Tag (i.e. www address) to another supplier a £75+vat admin. charge will be applied. We will work with you to achieve this but the remaining time left on the Hosting Contract must be paid in full before the IP Tag transfer takes place.
- We reserve the right to alter Our prices and rates at any time without notice. If You have commissioned any services from Us prior to a change in prices that commission will not be subject to any increase but any subsequent work may be subject to that increase.
- By agreeing to these terms and conditions your statutory rights are not affected.
- If You take out a Hosting plan with Us We will provide the appropriate support and maintenance for Your website, including all contracted services relating to the hosting of the website.
- If Your email is included in Our Hosting agreement then the sending and receiving of email via Our mail server would be managed and supported. Issues with settings on mail boxes on PCs, Laptops or Mobile devices will not be covered.
- It is incumbent upon You to take reasonable and appropriate steps to protect your login details at all times. We will require you to inform us immediately if you suspect that your login details have been compromised or become known to unauthorised 3rd Parties. We reserve the right to change passwords and / or disable accounts in order to protect the integrity of our servers and services if we believe that one or any of Your accounts have been compromised or are being misused. If our servers or services are affected as a result of Your login details being compromised we reserve the right to apply a reasonable charge – based on Our standard hourly rates – to remedy the situation.
- Due to the public nature of the Internet, we shall not be liable for the protection of the privacy of electronic mail or any other information transferred through the Internet or via any network provider and no guarantee or representation is given that the Hosting Services will be free from hackers or unauthorised users. You shall be liable for the content of any emails transmitted by virtue of the Hosting Services, for any material you upload to, or allow to be uploaded to, our servers and for ensuring compliance at all times with all relevant legislation (including, but not limited to the Data Protection Act 1998 and all other privacy laws, regulations and guidance notes made or issued thereunder).
- We will not be responsible for the following types of losses (in each case whether direct, indirect or consequential) and whether they are caused by our negligence or otherwise:
- loss of income or revenue
• loss of business
• loss of profits or contracts
• loss of anticipated savings
• loss of goodwill
• loss of software or data
• wasted expenditure (such as pay per click advertising costs)
• wasted management or office time.
Specifically relating to Online shops / E-Commerce
- We will select an ecommerce engine (platform) suitable to meet all your clearly stated requirements. By accepting Our proposal You are agreeing that this is a suitable platform. We will make all reasonable efforts to ensure that it meets your stated requirements and any additional requirements that emerge from the design stage (i.e. post proposal) but the ecommerce engine may be subject to limitations such that certain website actions or functionality cannot be delivered via the platform selected in its un-customised format and within the budget agreed.
- Unless otherwise agreed in writing or listed in Our proposal, We will not be responsible for populating online shops with all products/services. We will add a minimum of 10 items per category (up to 10 categories) with a photograph, description and pricing details.
We will provide clear instructions on how to add additional products.
- Unless otherwise agreed all content for the initial product set up must be provided in Word Document format (for descriptions and prices) and all images or graphics must be provided in Jpeg format.
- We are not responsible for any down time, routine maintenance or break in continuance of service from any third party provider.
- We shall not be liable for any transactions passing through the platform and any fraudulent transactions via third party providers.
- We shall not be responsible for the success or failure of Your online business.
- We reserve the right to change or modify any of Our terms and conditions at any time. The Latest terms and conditions will be available on our website www.pink-fish.co.uk
Specifically relating to SEARCH MARKETING including PAID SEARCH MARKETING (PPC) and Search Engine Optimisation (SEO)
- By placing an order with us you confirm that you are in agreement with and bound by the Terms and Conditions below.
- The minimum fixed term of the SEARCH MARKETING / SEO contract is 3 months unless otherwise agreed in writing.
- The Client is required to set up a monthly direct debit or standing order payable by BACS in advance of the contract proceeding.
- Once the initial contract period has finished, the Client may choose to continue with the SEARCH MARKETING contract on a month to month basis or a new contract period can be agreed.
- In the event the Client terminates the contract during the fixed term the Client will not be eligible for a refund. We also reserve the right to bill for the remainder of the contract if the contract is cancelled for any reasons other than a breach of contract on the part of Pink Fish Associates Ltd.
- Any significant additions and or amendments to an SEARCH MARKETING campaign not outlined or agreed upon in the contract may incur additional costs based on the amount of work requested. If appropriate the Client will be supplied with a quote in advance of additional work proceeding. This will be payable within 30 days from date of issue.
- A SEARCH MARKETING campaign does not automatically guarantee a specific ranking in search engines or guarantee that any established ranking enjoyed by the client can be maintained.
- We will endeavour to use its best efforts to assist the Client to improve their website’s position on Google (primary target) and on other Search Engines during the term of the SEARCH MARKETING contract.
- We cannot be held responsible or it be deemed as failure to perform, or as breach of contract if efforts to improve the Client’s ranking under the terms of the SEARCH MARKETING contract fail to achieve page one positions in Google UK.
- If you are in anyway dissatisfied with the SEARCH MARKETING services you receive from Us you must inform us as soon as possible so that we can seek to resolve the situation. We will not issue or consider any refunds for any SEARCH MARKETING / SEO services provided for any months where You have not expressed dissatisfaction or raised any concerns with Us.
- We shall not be responsible for URLs dropped or excluded by a search engine for any reason.
- We shall inform the Client in writing or by email to the specified email address of any:
(a) future changes to our SEARCH MARKETING charges or fees: and
(b) additional terms and conditions or changes to the way in which the Service shall be run.
- We shall give the client no less than 30 days prior notification of those changes. The Client will be able to terminate the contract without penalty if these new terms and conditions or charges are deemed not acceptable to the Client.
- 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 August 2016