Terms & Conditions
- ‘We’, ‘Us’ and ‘Jon Tarrant Creative Services’ are Jon Tarrant Creative Services and its authorised employees and agents.
- ‘Project’ is any work undertaken or service provided by Jon Tarrant Creative Services for the client on their request and as described in our confirmation order to that client.
- ‘Client’ is a person, persons, business or organisation contracting any of the services provided by Jon Tarrant Creative Services.
- ‘Payment Period’ is the time specified by Jon Tarrant Creative Services for receipt of monies payable by the client.
- ‘Live Mode’ is the date from which the client’s website is available on the client’s chosen domain.
- ‘Domain’ is the website address from which the website will be available.
- ‘Hosting Charge’ is the annual cost for server rental to keep a client’s website activated online.
- ‘Content’ is the data, text, files and images that the client requires to be present on their website.
- The contract between Jon Tarrant Creative Services and the client will be on these conditions to the exclusion of all other terms and conditions. Any variations to these conditions shall have no effect unless agreed in writing.
3. Scheduling of Work and Payments
- The works to be carried out to complete the project shall be as set out in the confirmation order email or letter from Jon Tarrant Creative Services.
- Jon Tarrant Creative Services will commence work on a project only after the receipt of a 50% deposit of the quoted project fee from the client. A further 25% payment will be due on approval of the overall design concept. The remaining 25% payment is to be made on completion of the project. If the project includes a website, the website will be switched to live mode only when the client’s remaining balance is paid in full.
- The deposits paid to Jon Tarrant Creative Services cover the cost of design work carried out. We will not refund any deposit once we have started work on the project. See our Refund Policy for further details.
- It is vital for the client to keep in contact with Jon Tarrant Creative Services throughout the entire project. If we do not receive contact from a client for more than 1 month the project will be suspended. If there is no contact for more than 3 months the project will be terminated and the deposit will not be refunded.
- Jon Tarrant Creative Services will provide the client with an expected project completion date (and for websites, live mode) if requested. We will endeavour to meet any given deadline but we do not guarantee and are not bound in any way to complete the project by this date.
- In the event of payments not being received within the payment period, interest on the outstanding debt will be levied within the provisions of the Late Payment of Commercial Debts (interest) Act 1998
4. Website Content
- Jon Tarrant Creative Services shall expect the client to carry out sufficient research before proceeding with a project. This will include checking that the website and/or business will operate legally within UK law. We reserve the right to terminate a project where the website appears it will or does, contain material deemed illegal, defamatory, offensive or pornographic. If a deposit has been paid and work has commenced, item 3.3 will apply.
- Where images used on the website have been purchased by Jon Tarrant Creative Services on behalf of the client, these images are strictly for use on the client’s website only. Jon Tarrant Creative Services are not liable for misuse of these images by the client or any other person or persons copying, altering or distributing the images to individuals or other organisations.
- All images displayed on the client’s website will be used only after authorisation by the client and are the sole responsibility of the client regarding usage and copyright. Should any legal dispute or claim arise concerning the content or copyright of any image supplied by the client OR Jon Tarrant Creative Services, it will be the sole responsibility of the client.
- Jon Tarrant Creative Services has no control of, or responsibility for, the content of our client’s web sites. In no way does the textual or image based content of our client’s web sites constitute Jon Tarrant Creative Services’s endorsement or approval of the web site or the material contained within the web site.
- Where we have been contracted by a client to provide search engine optimisation, we do not guarantee any specific placement or high ranking on search engines within any time frame.
- Jon Tarrant Creative Services will own all design, images and code of the client’s website until final payment has been received in full, upon which ownership will pass to the client. Only those images purchased by Jon Tarrant Creative Services on behalf of the client will pass to the client. Photos used from Jon Tarrant Creative Services’s library shall remain the property of Jon Tarrant Creative Services.
- It is the client’s sole responsibility to verify the accuracy of materials, images or information contained within their web sites and Jon Tarrant Creative Services is not responsible for the content or performance of these sites or for the client’s transactions with them.
5 Website Hosting and Domain Names
- Jon Tarrant Creative Services will arrange hosting of the client’s website if contracted to do so by the client and on receipt of full payment of the applicable hosting charges. In doing so we will endeavour to provide a reliable and professional service to the client at all times but do not guarantee that the website hosting will be available at all times, especially in the event of a technical or other failure beyond our or our contractor’s control. Jon Tarrant Creative Services use a third party hosting companies including LCN Ltd www.lcn.com.
- Domain names registered on behalf of the client by Jon Tarrant Creative Services will be registered to Jon Tarrant Creative Services’s at our current address. Although the domain names are registered to Jon Tarrant Creative Services, provided monies in respect of the domain name purchase have been received by Jon Tarrant Creative Services, the client is the legal owner of the domain and if they request to have details changed or the domain transferred elsewhere, Jon Tarrant Creative Services will do this within reasonable time.
- When a domain name becomes due for renewal, Jon Tarrant Creative Services will make reasonable effort to contact the client regarding domain renewal. It is the responsibility of the client to renew their domain names when due. If a domain name expires, Jon Tarrant Creative Services can not be held liable for this.
- If a domain name is purchased by the client through a company other than Jon Tarrant Creative Services, the client has full responsibility in making sure that the domain name is renewed when due. Jon Tarrant Creative Services will not renew the domain name when annual hosting renewal is due if the domain name is purchased through an individual, individuals or business other than Jon Tarrant Creative Services.
- When a client renews hosting with Jon Tarrant Creative Services, the charge will also include domain renewal if this is also due and was purchased as part of the original hosting package. If, despite items 5.3 and 5.4 the client does not renew the hosting, their domain name will lapse and be made available to the public for purchase by Nominet. Jon Tarrant Creative Services can not be held liable for this.
- Renewal of hosting charges is due on a yearly basis. The date of renewal will be annually from the date the website was ordered by the client. We will not renew the hosting if we cannot contact the customer or the customer requests for us to not host this site. This will also affect the domain as per item 5.7. See also items 5.3 and 5.4
- The hosting renewal charge must be received within 30 days prior to the hosting expiry date. We reserve the right to deactivate any website where the hosting has expired and the client has not paid the renewal charge.
- If the client does not contract to use Jon Tarrant Creative Services’ hosting services then the administration, management and hosting of the domain are the sole responsibility of the client. It is the sole responsibilty of the client to furnish the hosting technical data and FTP details to Jon Tarrant Creative Services to enable the client’s website to go to live mode.
6 Pay Monthly Websites
- Pay monthly website design packages spread the cost over 13 payments. They have a minimum term of 12 months, comprising an initial payment equal to two monthly instalments. Instalments are payable monthly by standing order.
- Jon Tarrant Creative Services will issue a payment schedule at the start of the contract, showing the amounts and dates due. In the event of a missed or late payment we will make every reasonable attempt to communicate with the client to make them aware of the breakdown in payments and the consequences of same. The ultimate responsibility for agreeing to the contract, managing and making payments lies with the client.
- If, during the contract term the client fails to make payment of the monthly subscription fee within 7 days of the due date, Jon Tarrant Creative Services reserves the right to charge a £25 administration fee.
- If a monthly payment has still not been received after a period of 28 days from which it becomes due, Jon Tarrant Creative Services will be entitled to end the monthly payment contract and charge the remaining payments immediately (i.e. 12 payments less any payments that have already been made) plus any administration charges which have been levied.
- Jon Tarrant Creative Services reserves the right to remove the client’s service provided, until payment is received in full. If the client’s service is reinstated following full payment, an administration fee of £25 for reuploading the site may be payable at the discretion of Jon Tarrant Creative Services.
- On completion of the 12 months term, the client can choose to apply to renew the contract on a monthly payment basis to cover such services as further web design, maintenance and other web services. If, however they wish to cancel the subscription they must give 30 days prior written notice to Jon Tarrant Creative Services. Jon Tarrant Creative Services are under no obligation to accept an application for renewal of a monthly payment contract.
- Jon Tarrant Creative Services cannot be held responsible for anything adversely affecting the client’s business operation, sales, or profitability that they might claim is a result of a service or product offered or supplied by Jon Tarrant Creative Services.
- Jon Tarrant Creative Services are not liable for loss, damage or corruption to files or information stored on our contractor’s servers or our individual computers relating to a client’s website.
8. Refund & Cancellation Policy
- Cancellation of a Project or Ongoing Service can be made at any time (subject to conditions set out in this policy) and must be made in writing to Jon Tarrant Creative Services, 9 South Road, West Kirby, Wirral CH48 3HG.
8.2 Ongoing Services
- Jon Tarrant Creative Services offer four ongoing services which are payable in advance of the service period. These are invoiced on an annual, quarterly or monthly basis dependent on the type of service provided:
• Website Hosting
• Search Engine Optimisation (SEO)
• Website Updating & Maintenance
• Social Media Management
- Payments for ongoing services provided by Jon Tarrant Creative Services are non-refundable for the current billing period. Any ongoing service being cancelled will continue to the end of paid billing period.
- Cancellation must be made no later than seven days from the commencement date of the next billing period. If cancellation is received later than seven days from the commencement of the next billing period, it will be deemed too late and the billing period will be payable and the ongoing service continued for the billing period. The ongoing service will cease at the following billing date.
- For the cancellation of annual web hosting we recommend three month’s notice so your website can be moved with the least disruption to your services. In addition, there are industry rules outside our control which dictate when domains can be transferred, the general rule being 60 days from registration or renewal.
- We can advise on your particular service if required. If you require assistance to move your website, Jon Tarrant Creative Services offer a service (at £100) to move your website to your new web host but will not be responsible for any issues which affect the appearance, usability or performance of the site.
- 8.3 Refunds
We require an initial payment of 50% upfront as a deposit on all projects. The deposit is non refundable from when work on the project starts, however, if you choose to cancel prior to the start of the work, you will receive a full refund of your deposit less a charge for any research and labour already undertaken or third party software/services already purchased.
For website design, we require a further 25% on signing off and the remaining 25% before live mode.
For non-web work we require the remaining 50% before hand over.
Any queries or issues with the work must be raised with Jon Tarrant Creative Services prior to the final settlement.
Any issues which were clearly apparent or notified to the client prior to the signing off stage, hand over or live mode will not be valid grounds for refunds, although we may, at our discretion offer to rectify such issues at a nominal charge.
Any issues raised after the final payment will be dealt with at the discretion of Jon Tarrant Creative Services.
We may, at our discretion, offer to rectify such issues at a nominal charge Any problems with your website concerning bugs or coding issues requiring further testing will be addressed by Jon Tarrant Creative Services on condition that no individual, individuals or businesses other than Jon Tarrant Creative Services have altered any part of the website concerned.
© 2016 Jon Tarrant Creative Services – graphic design, web design, logo design, leaflets, brochures, business cards, business, stationery, posters, letterheads, marketing, branding, SEO, commercial photography, direct mail, VDP, website first aid in Wirral, Cheshire, Liverpool, Merseyside