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Terms & Conditions

The following terms and conditions apply to all development, design, hosting and support services provided by Spotlight Marketing & Design to the Client. This includes:

Definitions

Client – the company or individual commissioning the service or product.


Design – unique work carried out by Spotlight Marketing & Design to create a new product, such as a website, e-book, logo, branding, social media account or add additional material/pages to an existing product.


Website hosting – the act of making a website, desktop or mobile, accessible on the world wide web.


Website maintenance – (also categorised as ongoing support/management) the updating of existing website text or graphics to reflect changes in the business. This includes, but is not limited to, updates to:

If you are unsure whether your update constitutes maintenance or additional design work, please contact us for clarification.

1 Acceptance

1.1 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.

1.2 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.

2 Charges

2.1 Charges for services to be provided by Spotlight Marketing & Design are defined in the project quotation that the Client receives via e-mail. Quotations are valid for a period of thirty (30) days. Spotlight Marketing & Design reserves the right to alter a quotation after expiry of the thirty (30) days. Spotlight Marketing & Design reserves the right to decline all, or any part thereof, the quotation upon expiry of the thirty (30) days.

2.2 Unless agreed otherwise with the Client via email, all lump sum services require payment in advance. Payment for services is due by cheque or bank transfer within fourteen (14) days of the invoice date. Cheques should be made payable to Spotlight Marketing & Design and sent to Spotlight Marketing & Design, Suite 12 Queensway Business Centre, Dunlop Way, Scunthorpe DN16 3RN. Bank details will be made available on invoices. Work will not commence until payment has been received, unless otherwise agreed via email.

2.3 Monthly fee charges are due on the specified date. Payment should be made by standing order on the agreed date, or by bank transfer on the agreed date.

3 Client Review

3.1 Spotlight Marketing & Design 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 unless the Client notifies Spotlight Marketing & Design otherwise within ten (10) days of the review date.

4 Turnaround Time and Content Control

4.1 Spotlight Marketing & Design will install and publicly post or supply the Client's website upon completion. The website will not be physically submitted to any search engine until the Client has had an opportunity to review the website and provide formal approval by email.

4.2 The Client agrees to delegate a single individual as a primary contact to aid Spotlight Marketing & Design with progressing the commission in a satisfactory and expedient manner.

4.3 During the project, Spotlight Marketing & Design may require the Client to provide website content, including but not limited to text, images, movies and sound files, as agreed. The Client is deemed to own the copyright of any such content and Spotlight Marketing & Design cannot be held responsible for any breach of copyright related to content supplied by the Client.

5 Failure to provide content

5.1 Spotlight Marketing & Design is a small business. 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 offers for other work and enquiries to ensure that your work is completed expediently.

5.2 This is why we ask that you provide all the required information in advance. On any occasion where progress cannot be made with your website because we have not been given the required information in the agreed time frame, and we are delayed as result, we reserve the right to impose a surcharge of up to 25% of the agreed price. If your project involves Search Engine Optimisation and you are to supply the text content, we need the text content for your site in advance so that the SEO can be planned and completed efficiently.

5.3 If you agree to provide us with the required information and subsequently fail to do so within the agreed timeframe, we reserve the right to suspend the project until such time as an opening in our programmed work becomes available.


NOTE: Text content should be delivered as a Microsoft Word, email (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.

5.4 If the Client selects to manage the website content, you are able to keep content up to date yourself. The Client must confirm at the time of commission whether you wish your website to be a standalone website or a content managed system. This decision must be made prior to commencement of any design work. If the Client decides to change the type of system once design work has commenced, Spotlight Marketing & Design reserve the right to charge for the work already carried out on the alternative system.

6 Payment

6.1 Lump sum payments

6.1.1 Invoices will be provided by Spotlight Marketing & Design at the time of commission of the work. Invoices are normally sent via email. However, the Client may request hard copy invoices upon request

6.1.2 Payments on lump sum invoices are due within fourteen (14) days of the date of the invoice. Work will not commence until payment has been received. Accounts that remain unpaid thirty (30) days after the invoice date will become subject to a late payment charge of 2.5% per month of the overall outstanding amount due, or £25 per month, whichever is the lowest.

6.2 Monthly payments

6.2.1 Hosting and maintenance charges may be paid for on a monthly basis

6.2.2 Where a monthly charge is applicable, the Client agrees to setup a standing order to meet monthly payments, due on a date agreed with Spotlight Marketing & Design. The Client will be considered in default if payment is not received within seven (7) days of the due standing order date. A late payment charge, as per paragraph 6.1.2 above, will become applicable on any such arrears.

7 Additional Expenses

7.1 The Client agrees to reimburse Spotlight Marketing & Design for any additional expenses necessary for the completion of the work. Examples would be purchase of special fonts, stock photography etc.

7.2 The Client agrees to reimburse Spotlight Marketing & Design for any changes to the design brief following commencement of the project. This includes changes to text, images or overall design.

7.3 The Client agrees to reimburse Spotlight Marketing & Design for any additional design work not identified during the original brief or quotation, unless otherwise agreed in writing or by email.

8 Web Browsers

8.1 Spotlight Marketing & Design makes every effort to ensure websites are designed to be viewed by the majority of visitors. Websites are designed to work with the most popular current browsers. Client agrees that Spotlight Marketing & Design cannot guarantee correct functionality with all browser software across different operating systems.

8.2 Spotlight Marketing & Design cannot accept responsibility for web pages which do not display acceptably in new versions of browsers released after the website has been designed and handed over to the Client. As such, Spotlight Marketing & Design reserves the right to quote for any work involved in changing the website design or website code for it to work with updated browser software.

9 Default

9.1 Lump sum accounts unpaid thirty (30) days after the date of invoice will be considered in default. If the Client in default maintains any information or files on Spotlight Marketing & Design's Web space, Spotlight Marketing & Design will, at its discretion, remove all such material from its web space until satisfactory payment and charges are made by the Client.

9.2 Monthly fees will be considered in default if unpaid for seven (7) days after the due date. The hosting service, or any service paid for monthly, may be withdrawn pending payment of outstanding arrears. This may include the suspension of the website from the world wide web.

9.3 Spotlight Marketing & Design is not responsible for any loss of data or loss of perceived business incurred due to the removal of the service for non-payment. Removal of such material does not relieve the Client of the obligation to pay any outstanding charges assessed to the Client's account. Cheques returned for insufficient funds will subject to a return charge of £25 and the Client's account will immediately be considered to be in default until full payment is received.

9.4 Clients with accounts in default agree to pay Spotlight Marketing & Design reasonable expenses, including legal fees and costs for collection by third-party agencies, incurred by Spotlight Marketing & Design in enforcing these Terms and Conditions.

10 Termination

10.1 Termination of services by the Client must be requested in a written notice or email and will be effective on receipt of such notice. Telephone requests for termination of services will not be honoured until and unless confirmed in writing or by email.

10.2 Spotlight Marketing & Design reserve the right to terminate services unconditionally in the event of the Client’s default.

11 Indemnity

11.1 All Spotlight Marketing & Design services may be used for lawful purposes only. You agree to indemnify and hold Spotlight Marketing & Design harmless from any claims resulting from your use of our service that damages you or any other party.

12 Copyright

12.1 The Client retains the copyright to data, files, graphics and logos provided by the Client, and grants Spotlight Marketing & Design the rights to publish and use such material. The Client must obtain permission and rights to use any information or files that are copyrighted by a third party.

12.2 The Client is further responsible for granting Spotlight Marketing & Design permission and rights for use of the same and agrees to indemnify and hold harmless Spotlight Marketing & Design from any and all claims resulting from the Client's negligence or inability to obtain proper copyright permissions.

12.3 A contract for website design and/or placement shall be regarded as a guarantee by the Client to Spotlight Marketing & Design that all such permissions and authorities have been obtained. Evidence of permissions and authorities may be requested.

12.4 All coding, images and text provided by Spotlight Marketing & Design remain the property of Spotlight Marketing & Design unless agreed in writing or email.

13 Standard Media Delivery

13.1 Unless otherwise specified in the project quotation, this Agreement assumes that where the Client is to supply text content, it will be provided in electronic format; Microsoft Word or email, and that all photographs and other graphics will be provided physically in high quality print suitable for scanning or electronically in .gif, .jpeg or .png format. Although every reasonable attempt shall be made by Spotlight Marketing & Design to return to the Client any images or printed material provided for use in creation of the Client's designs, such return cannot be guaranteed.

13.2 Where documents are to be supplied for translating into an e-book or for adding to the website as a supplement, the document must be supplied in .pdf format.

14 Design Credit

14.1 A link to Spotlight Marketing & Design will appear in either small type or by a small graphic at the bottom of the Client's website. If a graphic is used, it will be designed to fit in with the overall site design. If a client requests that the design credit be removed, a nominal fee of 10% of the total development charges will be applied. When total development charges are less than £5000, a fixed fee of £500 will be applied. The Client also agrees that the website developed for the Client may be presented in Spotlight Marketing & Design's portfolio and be actively promoted via social media.

15 Access Requirements

15.1 If the Client's website is to be installed on a third-party server, Spotlight Marketing & Design must be granted temporary read/write access to the Client's storage directories, which must be accessible via FTP. Depending on the specific nature of the project, other resources might also need to be configured on the server.

16 Post-Placement Alterations

16.1 Spotlight Marketing & Design cannot accept responsibility for any alterations caused by a third party occurring to the Client's pages once installed. Such alterations include, but are not limited to additions, modifications or deletions.

16.2 Where a Content Management System is commissioned, Spotlight Marketing & Design cannot accept responsibility for any alterations or deletions carried out by the Client or Client’s representative.

16.3 Spotlight Marketing & Design retains backups of delivered products, so it may be possible to re-publish the website, reverting to its last published state. This will incur a charge of £25.

17 Domain Names

17.1 Spotlight Marketing & Design may purchase domain names on behalf of the Client. Payment and renewal of those domain names is the responsibility of the Client, although Spotlight Marketing & Design will notify the Client of such renewals held while they remain as a Client and the domain remains hosted with Spotlight Marketing & Design.

17.2 The loss, cancellation or otherwise of the domain brought about by non or late payment is not the responsibility of Spotlight Marketing & Design. The Client should keep a record of the due dates for payment to ensure that payment is received in good time.

18 General

18.1 These Terms and Conditions supersede all previous representations, understandings or agreements. The Client will be sent a link to these terms and conditions and it is deemed that the Client has read and understood the content herein. Commissioning of, and payment for, the service or product assumes agreement to and acceptance of these Terms and Conditions.

19 Governing Law

19.1 This Agreement shall be governed by the Law of England and Wales.

20 Liability

20.1 Spotlight Marketing & Design hereby excludes itself, its Employees and or Agents from all and any liability from:

20.2 The entire liability of Spotlight Marketing & Design to the Client in respect of any claim whatsoever or breach of this Agreement, whether or not arising out of negligence, shall be limited to the charges paid for the Services under this Agreement in respect of which the breach has arisen.

21 Severability

21.1 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 provision.