Websites Terms and Conditions
This Agreement is between Tristan Parker, (trading as Knee Deep Design) and You (the Client)
Please read the Terms and Conditions defined by Knee Deep Design. You must read and comply with the following terms in order to use any of our services.
Overview of service
Knee Deep Design will compete the services outlined in any bespoke quote document, or those within the pay monthly website package purchased.
When purchasing a pay monthly website, the Client agrees to provide Knee Deep Design payment via a direct debit mandate, this will require supplying bank account details registered to the Client, you give permission for Knee Deep Design to deduct reoccurring payments on a monthly basis.
Knee Deep Design may increase the prices at any time by giving the Client not less than 30 day’s notice. The increase will not exceed 20% of the prices in effect immediately prior to the increase.
Payments are split into two main parts:
- Set-up cost to be paid immediately via Direct Debit
- Monthly recurring costs are to be paid via Direct Debit no-later than 7 days of signing up, unless otherwise agreed by Knee Deep Design in writing beforehand.
When purchasing other website, design, or marketing services, you are required to provide an upfront payment of 25% of the final price quoted to secure the booking, and before we start work on your project. The final payment will be made up of the remaining 75% to be paid upon project completion.
If the Client misses a payment, the Client will be notified of this late payment. Knee Deep Design has the right to suspend services if payment is not received within 14 working days.
If payment has not been received within 30 days, Knee Deep has the right to delete the website, which may result in it not being restored.
Termination of service
The Client may terminate the pay monthly website service at any point. Note that a minimum of 30 days written notice is required via email to [email protected] [ subject: TERMINATION OF PAY MONTHLY SERVICE ] and please provide us with the email account linked to the direct debit is set up.
Knee Deep can terminate the service at any time and must give 30 days written notice.
Set up costs and any additional up front costs are non refundable.
There will be no part or whole month credit or refund provided under any circumstances. All costs are chargeable and shall be payable until an account is terminated by either Knee Deep Design, or the Client.
Domain names may be transferred to a third party. An admin fee of £40 and any additional charges will be invoiced separately.
No website export is available, and the Client will not be able to take the website to a third party provider.
Content updates are unlimited up to the time of 1 hour a month. Updates include changes to existing pages and content, and amends to blog/project pages for our ‘standard’ and ‘premium’ packages, and nothing more. Any further changes, outside of what was originally agreed will classed as a traditional website/design required and billed up on completion.
Copyright and Ownership
All copyrights to content supplied by the Client must be owned by the Client and not breach any copyright laws.
Any content provided must be owned by the Client and not infringe on any copyright laws. The Client shall compensate Knee Deep Design against all claims of breach of copyright trademark or design.
All website files created and hosted by Knee Deep Design will be the property of the Knee Deep Design. The Client will have no right to these files if the contract is terminated.
Domain names purchased by Knee Deep Design will be the property of the Knee Deep Design. The Client will have no right to the domain name if the contract is terminated, unless otherwise stated by Knee Deep Design. Transferring ownership of the domain to a third party will be at Knee Deep Designs discretion.
Existing domain names and/or email accounts already owned by the Client which are then transferred to Knee Deep Design for managing will still remain the property of the Client. The Client may request a transfer of ownership back your yourselves or a third party at the cost of an administration fee covered in ‘Termination of service’.
Knee Deep Design will not be held responsible for any loss of data or downtime during a migration period.
Use of Data
The Client are not permitted to our services to advertise or promote anything that is illegal or encourages criminal activity. In an event where this is breached. the website will taken down with immediate effect and all associated files will be deleted without warning.
Limitation of Liability
Knee Deep Design shall under no circumstances whatever be liable, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss, to include but not be limited to any loss of data, downtime costs, profits or revenue, or cost of capital.
Knee Deep Design shall not be held liable for failure of or delay in performing its obligations under this Agreement if such failure or delay is the result of an act of God, such as earthquake, hurricane, tornado, flooding, or other natural disaster, or in the case of war, action of foreign enemies, terrorist activities, labor dispute or strike, government sanction, blockage, embargo, or failure of electrical service. Knee Deep Design will make every reasonable attempt to minimise delay of performance. In the event force majeure continues longer than 60 days, the Client may terminate the Agreement.
Promotional use of works
Knee Deep Design will keep original digital files and artwork for any project completed and has permission to use these for their own promotional use without seeking permission from the Client before hand.
Kneed Deep Design has permission to include an association statement I the footer of any website completed. This statement may look like ‘Created by Knee Deep Design’ and will a hyperlink back to www.kneedeepdesign.co.uk
If you have any questions regarding our terms and conditions, or want to discuss anything further, please contact Tristan Parker contact us.