Acceptance:
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.
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:
Quotations last a period of 30 days. WebCommander Creations reserves the right to alter or decline to provide a quotation after the expiry of 30 days.
All web design services require an advanced payment of a minimum of 50% a week before work commences. A final charge of the remaining balance of the project's quotation total is due upon completion of the work and prior to the website's hosting.
Payment for services is due by bank transfer. Bank details will be made available on invoices.
Client Review:
Upon website completion, the client will have 10 days to review. If review extends beyond 10 days without proper notification, all materials will be considered approved.
Content Control:
WebCommander Creations operates on a freelance basis, aiming to complete projects as swiftly as possible. The client should be aware that the project could be completed before the agreed date.
The client agrees to delegate a single individual as the primary contact to progress the commission in a satisfactory manner.
The client will provide website content; text, images, movies, and sound files.
Failure to provide required website content:
If progress cannot be made due to a lack of required information within the agreed timeframe, WebCommander Creations reserves the right to postpone the project. In-house content management can be used by the client to make amendments in their own time.
No charges will be made to the client for delays in content, as long as the final payment is made within the agreed timeframe.
Payment:
Invoices will be provided upon completion but before publishing the live website. Invoices are normally sent via email. Accounts that remain unpaid 30 days after the date of the invoice will be assessed a service charge in the amount of one and one-half percent or £30 per month of the total amount due.
Additional expenses:
Client agrees to reimburse WebCommander Creations for any additional expenses necessary for the completion of the work. Examples would be the purchase of special fonts, stock photography, etc.
Web Browsers:
WebCommander Creations 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, Google Chrome, Edge, Opera etc.). The client agrees that WebCommander Creations cannot guarantee correct functionality with all browser software across different operating systems.
WebCommander Creations 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, WebCommander Creations 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.
Default:
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 WebCommander Creations' web space, WebCommander Creations will, at its discretion, remove all such material. WebCommander Creations 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. Clients with accounts in default agree to pay WebCommander Creations reasonable expenses, including legal fees and costs for collection by third-party agencies, incurred by WebCommander Creations in enforcing these Terms and Conditions.
Termination:
Termination of services must be requested in a written notice and will be effective on receipt of such notice. E-mail or telephone requests for termination of services will not be honoured until confirmed in writing. The Client will be invoiced for work completed to the date of first notice of cancellation for payment in full
Indemnity:
All WebCommander Creations services may be used for lawful purposes only. You agree to indemnify and hold WebCommander Creations harmless from any claims resulting from your use of our service that damages you or any other party.
File Storage and Monitoring:
WebCommander Creations' file storage is not private and is subject to monitoring. Clients agree not to store or transmit illegal materials. Discovery of such use will prompt immediate action from WebCommander Creations, including file removal, reporting to law enforcement, and service termination without notice.
By using our services, clients consent to monitoring and agree to assist in any violation investigations. Clients are responsible for complying with these terms, and any illegal activities may result in immediate service termination without compensation or refund. WebCommander Creations is not liable for any damages, losses, or legal consequences due to non-compliance.
Unexpected Charges for File Storage:
While it is not typical for charges to be associated with image and video hosting, in the rare event they do occur, these charges are the responsibility of the Client. Failure to meet these unexpected charges will be considered grounds for termination of the services provided by WebCommander. Should this occur, the Client's website will be taken down until all outstanding charges are fully paid. WebCommander reserves the right to refuse reactivation of the website until all financial obligations are met by the Client.
Design Credit:
A link to WebCommander Creations will appear in either small type or by a small graphic at the bottom of the Client’s website. If a client requests that the design credit be removed, a nominal fee of 10% of the total development charges will be applied.
Post-Placement Alterations:
WebCommander Creations cannot accept responsibility for any alterations caused by a third party to the Client’s pages once installed. Such alterations include, but are not limited to, additions, modifications, or deletions.
Domain Names:
WebCommanderCreations 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 WebCommander Creations.
Standard Media Delivery:
Unless otherwise specified in the project quotation, this Agreement assumes that any text will be provided by the Client in electronic format 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. The specific requirements will be discussed and agreed with the Client at the project initiation.
Search Engine Promotion:
If Search Engine Optimization (SEO) has been agreed as part of this contract, WebCommander Creations will make every reasonable effort to ensure that the Client's website is ranked reasonably by search engines. However, WebCommander Creations cannot guarantee any specific placement in search engine results.
Rights of Access for Website Construction:
The Client agrees to allow WebCommander Creations all necessary access to computer systems and other locations, as required, in order to complete a website project. This may include, but is not limited to, FTP access, WordPress admin access, database access, etc.
Right to Terminate:
WebCommander Creations reserves the right to refuse or break a contract without prior notice, if it is believed that the Client, their Website, or any material is illegal, immoral, or otherwise unacceptable.
Events Beyond the Control of WebCommander Creations:
WebCommander Creations will not be liable for breach of contract where that breach was due to software, hardware, or electrical failure, natural events such as fire or other events beyond the control of WebCommander Creations.
Entire Understanding:
These Terms and Conditions, together with the WebCommander Creations quotation, constitute the sole agreement between WebCommander Creations and the Client regarding this project. It becomes effective only when signed by both parties. It is the spirit of this agreement that this will be a mutually beneficial arrangement for the Client and WebCommander Creations. Both parties warrant that they have read and understand the terms set forth in this agreement.
This agreement shall be governed and construed in accordance with the laws of England and Wales.
The undersigned hereby agree to the terms, conditions and stipulations of this agreement on behalf of his or her organization or business. This Agreement constitutes the entire understanding of both parties. Any changes or modifications thereto must be in writing and signed by both parties.