The following terms and conditions apply to all development and design services provided by URBAN SQUID Ltd. to the Client.
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 or proposal 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.
Charges for services to be provided by URBAN SQUID Ltd. are defined in the project quotation that the Client receives via e-mail or post. Quotations are valid for a period of 60 days. URBAN SQUID Ltd. reserves the right to alter or decline to provide a quotation after expiry of the 60 days.
Unless agreed otherwise with the Client, all website, design, or other services require an advance payment of a minimum of fifty (50) percent of the project quotation total before the work is undertaken and supplied to the Client for review. And the remaining fifty (50) percent of the project quotation total due upon completion of the work, prior to upload to the server or release of materials. The advance payment is not refundable if the development work has been started and you terminate the contract through no fault of ours.
Recurring monthly payments will be invoiced every one (1) calendar month beginning from the agreed date, charged on the date one (1) calendar month after the date of said agreed date.
Payment for services is due by online payment or bank transfer. Bank details will be made available on invoices. Online payment links will be delivered by email to the client.
URBAN SQUID Ltd. will provide the Client with an opportunity to review the appearance and content of the service(s) during the design phase and once the overall project is completed. At the completion of the project, such materials will be deemed to be accepted and approved unless the Client notifies URBAN SQUID Ltd. otherwise within ten (10) days of the date the materials are made available to the Client. We are pleased to offer you the opportunity to make revisions to the design. However, we have the right to limit the number of design proposals to a reasonable amount and may charge for additional designs if you make a change to the original design specification.
Our developmental phase is flexible and allows certain variations to the original specification. However any major deviation from the specification will be charged at a rate discretional to URBAN SQUID ltd.
URBAN SQUID Limited will install and publicly post or supply the Client’s service(s) by the date specified in the project proposal, or at date agreed with Client upon URBAN SQUID Limited receiving initial payment, unless a delay is specifically requested by the Client and agreed by URBAN SQUID Limited.
In return, the Client agrees to delegate a single individual as a primary contact to aid URBAN SQUID Limited with progressing the commission in a satisfactory and expedient manner.
During the project, URBAN SQUID Limited will require the Client to provide content; text, images, movies and sound files.
URBAN SQUID Limited 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 at the time arranged.
This is why we ask that you provide all the required information in advance. On any occasion where progress cannot be made with your service(s) 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%. If your project 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 one week of project commencement we reserve the right to close the project and the balance remaining becomes payable immediately. Simply put, this condition states not to give us the go ahead to start until you are ready to do so.
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.
Using our content management system you are able to keep your content up to date yourself.
Invoices will be provided by URBAN SQUID Limited upon completion, but before publication of the service(s). Invoices are normally sent via email; however, the Client may choose to receive hard copy invoices. Invoices are due upon receipt. Accounts that remain unpaid thirty (30) days after the date of the invoice will be assessed a service charge in the amount of the higher of one and one-half percent (1.5%) or £30 per month of the total amount due.
Client agrees to reimburse URBAN SQUID Limited for any additional expenses necessary for the completion of the work. Examples would be purchase of special fonts, software, stock photography etc.
URBAN SQUID Limited 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 (e.g. Firefox, Internet Explorer 10, Google Chrome, etc.). Client agrees that URBAN SQUID Limited cannot guarantee correct functionality with all browser software across different operating systems. Sometimes these limitations are imposed by the browser or the visitor’s computer and outside of URBAN SQUID Limited’s control.
URBAN SQUID Limited cannot accept responsibility for web pages which do not display acceptably in new versions of browsers or devices released after the website have been designed and handed over to the Client. As such, URBAN SQUID Limited 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.
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 URBAN SQUID Limited’s Web space, URBAN SQUID Limited will, at its discretion, remove all such material from its web space. URBAN SQUID Limited is not responsible for any loss of data incurred due to the removal of the service. Removal of such material does not relieve the Client of the obligation to pay any outstanding charges assessed to the Client’s account. Online payments declined for insufficient funds will be assessed a return charge of £25 and the Client’s account will immediately be considered to be in default until full payment is received. Clients with accounts in default agree to pay URBAN SQUID Limited reasonable expenses, including legal fees and costs for collection by third-party agencies, incurred by URBAN SQUID Limited in enforcing these Terms and Conditions.
Termination of services by the Client must be requested formally in a written notice 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. The Client will be invoiced for any work completed to the date of first notice of cancellation for payment in full within thirty (30) days.
All URBAN SQUID Limited services may be used for lawful purposes only. You agree to indemnify and hold URBAN SQUID Limited harmless from any claims resulting from your use of our service that damages you or any other party.
The Client retains the copyright to data, files and graphic logos provided by the Client, and grants URBAN SQUID Limited the rights to publish and use such material. Code created outside of the scope of this project by URBAN SQUID Limited will remain the exclusive property of URBAN SQUID Limited, regardless of use within the project. The Client must obtain permission and rights to use any information or files that are copyrighted by a third party. The Client is further responsible for granting URBAN SQUID Limited permission and rights for use of the same and agrees to indemnify and hold harmless URBAN SQUID Limited from any and all claims resulting from the Client’s negligence or inability to obtain proper copyright permissions. A contract for service(s) shall be regarded as a guarantee by the Client to URBAN SQUID Limited that all such permissions and authorities have been obtained. Evidence of permissions and authorities may be requested.
Unless otherwise specified in the project quotation, this Agreement assumes that any text will be provided by the Client in electronic format (ASCII text files delivered on Cloud or via e-mail or FTP) and that all photographs and other graphics will be provided physically in high quality print suitable for scanning or electronically in .gif, .jpeg, .png or .tiff format. Although every reasonable attempt shall be made by URBAN SQUID Limited to return to the Client any images or printed material provided for use in creation of the Client’s website, such return cannot be guaranteed.
In most cases, a byline or link to URBAN SQUID Limited will appear in either small type or by a small graphic at the bottom of the Client’s service(s). If a graphic is used, it will be designed to fit in with the overall design. If a client requests that this 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 service(s) developed for the Client may be presented in URBAN SQUID Limited’s portfolio.
If the Client’s website is to be installed on a third-party server, URBAN SQUID Limited 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. URBAN SQUID Limited will not be held responsible if the Client’s hosting is not capable of certain functions, or it’s limits.
Some Clients will desire to independently edit or update their Web pages after finalization of the website as a way to control costs and avoid the expense of a Maintenance Agreement. This is always an option for Clients of URBAN SQUID Limited. Please note however, that if this option is selected and the Client or an agent of the Client other than URBAN SQUID Limited attempts to update the Website and damages the design or impairs the ability for the Web pages to display or function properly, URBAN SQUID Limited will not be held liable and the time to repair the Web pages will be assessed at an hourly rate of £150. There is a one hour minimum charge.
URBAN SQUID Limited may purchase domain names on behalf of the Client. Payment and renewal of those domain names is the responsibility of the Client. The loss, cancellation or otherwise of the domain brought about by non or late payment is not the responsibility of URBAN SQUID Limited. The Client should keep a record of the due dates for payment to ensure that payment is received in good time.
We do not guarantee any specific position in search engine results for your website. We perform basic search engine optimisation according to current best practice.
This Agreement does not create an exclusive relationship between the parties. Client is free to engage others to perform services of the same or similar nature to those provided by URBAN SQUID Limited, and URBAN SQUID Limited shall be entitled to offer and provide design services to others, solicit other clients and otherwise advertise the services offered by URBAN SQUID Limited.
We reserve the right to subcontract any services that we have agreed to perform for you as we see fit.
We (and any subcontractors we engage) agree that we will not at any time disclose any of your confidential information to any third party.
During the first 1 month following completion of the work, URBAN SQUID Limited shall provide up to 3 hours of Support Services at no additional cost to Client. Support Services means commercially reasonable technical support and assistance to maintain and update the Deliverables, including correcting any errors, bugs or deficiencies. Requests for additional support will be billed on a time and materials basis at URBAN SQUID Limited’s standard rate.
After the Warranty Period expires and at Client’s option, URBAN SQUID Limited will provide Support Services for the following months for URBAN SQUID Limited’s hourly fees of £100 per hour.
The services in the Warranty Period and the Maintenance Period do not include enhancements to the Project or other services outside the scope of the Proposal.
You are responsible for maintaining your own backups with respect to your website and we will not be liable for restoring any client data or client websites except to the extent that such data loss arises out of a negligent act or omission by us.
You are responsible for complying with all relevant laws relating to e-commerce, and to the full extent permitted by law will hold harmless, protect, and defend and indemnify URBAN SQUID Limited and its subcontractors from any claim, penalty, tax, tariff loss or damage arising from your or your clients’ use of Internet electronic commerce.
These Terms and Conditions supersede all previous representations, understandings or agreements. The Client’s signature below or payment of an advance fee constitutes agreement to and acceptance of these Terms and Conditions. Payment online is an acceptance of our terms and conditions.
This Agreement shall be governed by English Law.
URBAN SQUID Limited hereby excludes itself, its Employees and or Agents from all and any liability from:
Limitation of Liability. THE SERVICES AND THE WORK PRODUCT OF URBAN SQUID LIMITED ARE SOLD “AS IS.” IN ALL CIRCUMSTANCES, THE MAXIMUM LIABILITY OF URBAN SQUID LIMITED, ITS DIRECTORS, OFFICERS, EMPLOYEES, DESIGN AGENTS AND AFFILIATES (“DESIGNER PARTIES”), TO CLIENT FOR DAMAGES FOR ANY AND ALL CAUSES WHATSOEVER, AND CLIENT’S MAXIMUM REMEDY, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT OR OTHERWISE, SHALL BE LIMITED TO THE NET PROFIT OF URBAN SQUID LIMITED. IN NO EVENT SHALL DESIGNER BE LIABLE FOR ANY LOST DATA OR CONTENT, LOST PROFITS, BUSINESS INTERRUPTION OR FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO THE MATERIALS OR THE SERVICES PROVIDED BY URBAN SQUID LIMITED, EVEN IF URBAN SQUID LIMITED HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
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, illegal, or unenforceable provision.