In this agreement, you are referred to as the “Client”, being the person or entity contracting the services of Crisp Digital. 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 shall be deemed a verbal contract for services. By submitting a work order, the Client acknowledges that he or she is age 18 or older and, if the Client is a business, that the person submitting the order has the authority to enter contractual agreements on behalf of that business.
Crisp Holdings 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 test applications and programming related to your site 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 Holdings Limited shall rectify the error.
After the seven-day testing period, the website shall be handed over to you, the Client, and Crisp Holdings Limited is no longer responsible for any errors, nor for any losses incurred due to malfunction. The client is fully responsible for any errors or malfunctions that occur once the website is handed over to them, the client understands any errors or malfunctions that occur can be rectified for an additional cost.
Use of Copyrighted Material
Crisp Holdings Limited shall not be liable for any copyrighting of content supplied by the client. You must have the authority to use any and all material submitted to Crisp Digital for use on the website and the client 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.
Throughout this project we will ask for your feedback on the design and development of the site. The timescales set out in this quote are dependent on the Project Manager receiving your comments a maximum of 3 working days after their contact with you, the client. Your Project Manager will contact you either by email or phone.
If the Project Manager does not receive feedback from yourself, the client, after 14 days your project may be put on hold and taken out of our works pipeline, you may return to the project at any time after putting the project on hold. However, you may be subject to additional fees on your return if there is a change to or you project is no longer within the scope of works.
Failure to provide required content
For Crisp Holdings 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 Holdings 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 Holdings 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 Holdings 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 Holdings Limited are defined in the project quotation. Unless otherwise agreed by both parties, all services require a non-refundable deposit of 50% for all website projects before work can commence. Once a deposit is paid, design works will commence. Upon completion and agreement of design works, a further 25% invoice will be sent which requires payment before development of a demo site can be started. A demo site will be created in the development stage of the website project, once this is complete and signed off by yourself (the client) a further 25% invoice will be sent. The website cannot be launched, or go live, until payment of development and design works is received.
If a different payment schedule has been agreed, accounts must be settled within ten working days, if the account does not have a zero balance after 10 days of site launch a late payment fee of £75+VAT will be added to the account. 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 Holdings Limited.
8.2 Direct Debits
Recurring transactions, defined as invoices and services which recur on a monthly, quarterly, yealry 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 client 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 client 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 Holdings Limited requires at least one month’s notice in writing. This should be sent to [email protected]
10.2 Transfer of Website, Hosting, Domains, and Emails
If the customer wishes to transfer their services away from our hosting server to a new provider, notice must be given as stated in 10.1.
A fee of £125+VAT is payable prior to transfer for the time required by our admin and technical staff to complete the transfer.
We do not give FTP, SFTP or CPanel access to limit risk to our servers and other customer websites. We will download the website files and databases and provide these to you to transfer to your new hosting provider. We will complete additional steps if required, as agreed during transfer with the customer and the new provider.
10.3 Developed Websites:
Crisp Holdings Limited reserves the right to charge the client 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.
10.4 Logos/Business Cards/Content:
Crisp Holdings Limited reserves the right to charge the client 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.
On agreement of your proposal or payment of your deposit invoice failure to provide sufficient or accurate information may lead to your project being held up unnecessarily. Where instructions are provided by a Limited Company, please provide details for the director giving instructions.
I agree to the Terms and Conditions set out in the above letter. I acknowledge receipt of these terms and the need to be vigilant to the risk of fraud when disclosing personal data and organising for money transfers.
As a director of the company, I personally guarantee to indemnify Crisp Digital in respect of the charges and expenses incurred in this action on the company’s behalf.
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
Last Updated on 2nd October 2018