In this agreement, you are referred to as the “Agency Partner”, being the person or entity contracting the services of Crisp Digital. The “Client” refers to the person or entity contracting the Agency Partner. The company Crisp Digital may be referred to as “We”.
A work order in the form of an invoice shall be considered a contractual agreement between the parties. A work order submitted by email, mail or fax shall be deemed a written contract for services. A work order submitted by telephone or in person shall be deemed a verbal contract for services. By submitting a work order, the Agency Partner acknowledges that the person submitting the order has the authority to enter contractual agreements on behalf of the business and its client.
Crisp Digital Limited provides design, development and hosting services. Our services include website design; graphic editing; logo design; e-commerce design; design of artwork for flyers, letterheads, booklets; search engine optimization and other related services. We shall not be liable for any costs incurred, compensation or loss of earnings due to the unavailability of the site, its servers, software or any material provided by its agents.
Bugs and Errors
You shall ensure applications and programming related to the website is tested by yourself or your client before making it available to the public unless otherwise agreed. If testing takes place after launch you have seven days to carry out testing. If an error is found within this seven-day period, Crisp Digital Limited shall rectify the error.
After the seven-day testing period, the website shall be handed over to you, the Agency Partner, and Crisp Digital Limited is no longer responsible for any errors, nor for any losses incurred due to malfunction. The Agency Partner is fully responsible for any errors or malfunctions that occur once the website is handed over to them, the Agency Partner understands errors or malfunctions can be submitted to Crisp Digital for investigation and resolution, where possible, at an additional cost.
Use of Copyrighted Material
Crisp Digital Limited shall not be liable for any copyrighting of content supplied by the Agency Partner or their client. You, or your client, must have the authority to use any and all material submitted to Crisp Digital for use on the website and the Agency Partner agrees to indemnify Crisp Digital for any copyright infringements caused by materials submitted. We reserve the right to refuse any copyrighted material unless proof is given of permission to use such material. We further reserve the right to refuse to handle material which we deem to be offensive or illegal.
Client and Agency Review
Crisp Digital Limited will provide you with an opportunity to review the appearance and content of the website at each design phase and again once the overall development is completed. Feedback is required within the requested timeframe of 3 working days. Throughout the project, Crisp Digital Limited will require the Agency Partner to provide website content; text, images, video, sound files, unless otherwise agreed with Crisp Digital and stated in the work order.
Failure to Provide Required Content
For Crisp Digital Limited to remain efficient we must ensure that work we have commenced is carried out within a scheduled timeframe. On occasions, we may have to reject offers for other work and enquiries to ensure that your work is completed within the arranged time scale. For this reason, the client is required to provide all requested content within the timeframe provided by Crisp Digital Limited. On any occasion where progress cannot be made because we have not been provided with the required information in the agreed time frame, and we are delayed as result, Crisp Digital Limited reserves the right to impose a surcharge of up to 25% of the original quoted amount. If the client has agreed to provide us with the required information and subsequently fails to do so within 60 days, Crisp Digital Limited reserves the right to close the project and the balance remaining becomes payable immediately.
8.1 Project Work
Charges for services provided by Crisp Digital Limited are defined in the project quotation. Payment terms for all services with a total quoted amount of less than £1000+VAT will require a 100% full payment on the invoice due 7 days after website launch.
All services which exceed a total quotation amount of £1000+VAT will be required to pay a non-refundable deposit of 50% before work can commence. Once a deposit is paid, design works will commence. Upon completion and the website going live, the Agency Partner has 7 days to pay the remaining 50% invoice.
If accounts are then not settled after a further thirty days Crisp Digital reserves the right to pursue legal action; to add all costs of collection and legal action to your accounts; and, if providing hosting services, to remove web pages and to deny access to the website. Your sole remedy for breach of contract shall be the return of the contracted amount, plus any surcharges to be paid in full to Crisp Digital Limited.
8.2 Direct Debits
Recurring transactions, defined as invoices and services which recur on a monthly, quarterly, yearly or biennial basis, must be paid by direct debit. If a direct debit mandate is not set up to pay each invoice an admin fee of £10+VAT will be added to each recurring invoice.
The Agency Partner understands the original quotation is a baseline and that other additional costs may be incurred.
Other than additional costs previously stated for late payment fees and delay to timeframe due to inability to provide information and content required for development, the Agency Partner understands they will be charged for any additional or unexpected expenses, necessary for the completion of the work. These additional or unexpected expenses could include, but are not limited to purchase of images, certificates and fonts. Under the circumstances that a project has taken longer than the expected and the agreed period of time; due to content or other materials required by Crisp Digital not being supplied by the client, Crisp Digital reserves the right to invoice for all additional hours and supplies used past the expected date of site launch.
10.1 Hosting, Domains and Emails
Payments for hosting, domain names and email inboxes are in arrears for the upcoming year/month. If the Client wishes to cancel, Crisp Digital Limited requires at least one month’s notice in writing. This should be sent to [email protected]
10.2 Websites under Design and/or Development
Crisp Digital Limited reserves the right to charge the Agency Partner for each stage of completed design and development up to 90% of the total amount quoted, should the client cancel or hold the agreement at any stage. The scale of the charge will be dependent on what stage the project is at when the cancellation takes place.
10.3 Logos / Business Cards / Content
Crisp Digital Limited reserves the right to charge the Agency Partner up to 100% of the total amount quoted for any work, if cancelled after first stages of design or development. The scale of the charge will be dependent on what stage the project is at when the cancellation takes place.
Items requiring design work will be charged for the design even if not printed and completed.
Amendments to these Terms and Conditions
The Company reserves the right to change these terms and conditions at any time, without prior notice, to the extent such amendment is in compliance with the applicable laws and regulations. We will ensure that the latest, fully amended version of these Terms and Conditions is published on the Website immediately. You are responsible for regularly reviewing the Website to obtain timely notice of such amendments