TERMS & CONDITIONS

Terms and Conditions of provision of goods and services by EDGE Creative Ltd

©Copyright EDGE Creative 2024 all rights reserved. These conditions are subject to English Law and the exclusive jurisdiction of the English Courts.

EDGE Creative – EDGE Creative Ltd.

DESIGN – all aspects of design (graphic or otherwise), Web Site creation, construction and posting on the internet or made available for print.

NAME – the name assigned to the client in the relation to the provision of service including any mailbox, web address or social media page.

CLIENT – The person or company ordering the service or goods.

SOCIAL MEDIA – this relates to content marketing including all social media platforms (X, Facebook, TikTok, Pinterest, Instagram, LinkedIn etc) and blogs.

EDGE Creative or its suppliers may temporally suspend the service to upgrade, repair or maintain the telecommunications link, hardware or software.

EDGE Creative or its suppliers may alter the technical specification of the service for operational improvements or amendments.

EDGE Creative is not liable for any breach of Contract that is beyond reasonable control including Acts of God, fire, lightning, explosion, war, disorder, acts of central or local government, acts of Terrorism, industrial disputes, pandemics, floods or other extreme weather conditions.

The lack of a common browser on the internet means there may be a difference in appearance and performance depending on which browser is used. In addition, the settings of individual computers, tablets or mobile devices will affect the appearance on screen. EDGE Creative will do everything in its power to maximise access and uniformity but cannot be held responsible if some computers, tablets or mobile devices are unable to view the website or the sites final appearance on screen.

EDGE Creative is proud of its reputation for careful handling of client’s property; however, we cannot accept liability for any loss or damage caused by any services or products supplied by EDGE Creative. Clients are advised to take their own insurance cover for any risk that may be incurred by EDGE Creative’s service.

EDGE Creative shall, under no circumstances whatsoever be liable for any indirect or consequential loss howsoever caused. EDGE Creative’s liability in respect of breach or non-performance of this agreement shall not, under any circumstances, exceed the total value of the products and services offered within this agreement.

The hosting service may be suspended and not restored if the client or any third party:

Sends or receives materials or data that is offensive, abusive, indecent, obscene or menacing: or in breach of confidence, copyright, privacy, or any other rights; or sends material which may cause annoyance, inconvenience or needless anxiety.

Interferes with or disrupts network users, services or equipment including unauthorised entry to any computers on the internet.

The client agrees not to use any name, electronic mail address, domain name, trademark or patented name that is in breach of statue or common law or that infringes the rights of the individual or accepted Internet parameters.

EDGE Creative shall accept no liability whatsoever for the transmission or receipt of any information or data of whatever nature of format.

EDGE Creative is not liable in contract or otherwise for loss whether direct or indirect to business, anticipated savings, wasted expenditure, corruption, destruction of data, lost revenue/profits or for any indirect or consequential loss whatsoever.

Inevitably EDGE Creative and its employees will be exposed to information that is confidential to the customer; EDGE Creative and its employees agree not to disclose such information to any third party, or to use it for any purpose other than to facilitate completion of work under the terms of this agreement. We may use examples of work that we have done in our promotional literature, website case studies and on our own Social Media platforms. Please advise us in writing if you would prefer us not to use you details and we will abide by any NDA’s that we have signed.

The intellectual property rights within all the software provided remain the exclusive right of EDGE Creative and its software providers. The client agrees to comply with all obligations pertaining to these rights. However, the ownership of the website upon satisfactory payment of all related invoices to the build and design of the website, shall revert to the client fully and without compromise.

By placing an order with EDGE Creative, the client declares his right to reproduce all materials including all photographs, artwork, text, pictures and any other reproducible materials supplied to EDGE Creative. Please ensure that you purchase any licences/permissions to use any copywrite text or images. Any resulting violation of copyright and action brought by a third party will be the liability of the client alone. This includes all photographs, artwork, copyright text.

The programming source code, initial designs, source media created or designed by EDGE Creative, data base procedures and other technical processes (and intellectual property rights underlying or subsisting in any of the same) remain the property of EDGE Creative, until full payment for the design of the website is received at which point ownership of the website, its designs, text and slogans produced by EDGE Creative shall be retained by the client, except where EDGE Creative has created logo’s or designs at the express request of the client and which are not paid for as a separate design service. The client is granted license to reproduce such items solely for the purpose it was originally intended i.e., as an internet site hosted by EDGE Creative. Other to these expressly created items, every item used to create the website which has been supplied remains the property of the client.

All print orders will be subject to client approval and a signed proof being returned to EDGE Creative prior to being sent to print. EDGE Creative will not be liable for any errors not corrected by the client in proofs submitted as approved and sent to print. Please ensure you proof check the full document. Once an order has been sent to print it cannot be cancelled or amended and therefore payment will be required as originally agreed and any reprints will be chargeable.

EDGE Creative reserves the right to charge for additional proofs that are required because of alterations required by the client.

Should a client wish to transfer their website hosting away from EDGE Creative, EDGE Creative will not be liable for any issues that arise or lost content from the date FTP details are provided should the correct content and data bases not be taken or backed up correctly. Your new IT provider will be responsible for the transfer, should we be required to provide assistance this will be charged per hour at hour standard hourly rate.

EDGE Creative is not liable for issues that arise after FTP access has been given to the client or its selected IT support provider.

All domains are set up with an agreed period (1-5 years), we will contact all clients 2 months prior to the end of the original set up period to get confirmation that the domain is still required, however we do reserve the right to auto renew all domains should we not get written confirmation. This is to ensure that no website or email is lost due to the cancelling of a domain. All domain transfers are to be actioned by the client, obtaining all the required internal permissions. All DNS records must be provided prior to transfer so that we can replace these should they be lost in transfer this can either be by email or a screenshot of your DNS control panel. It is also necessary to advise us of any websites and or emails linked to the domain plus any forwarders so that we can limit any disruption. Should these not be advised prior to the transfer all time spent trying to fix any issues that arise will be charged at our standard hourly rate.

Transferring a domain to EDGE Creative is included in the cost however transfers that become more complex and require more time will be charged for the time it takes at our standard hourly rate this is on a case-by-case basis.

To protect our client’s identity, we register all domains in our name.

All hosting is set up with a minimum of 12 months on one of our hosting packages and renewed annually for 12 months we will contact all clients 2 months prior to the end of the12 months to get confirmation that the hosting is still required, however we do reserve the right to auto renew all hosting should we not get written confirmation. This is to ensure that no website experiences any down time. Transferring hosting to EDGE Creative is included in the cost however transfers that become more complex and require more time will be charged for the time it takes at our standard hourly rate this is on a case-by-case basis.

After an initial assessment and work carried out to get your website up to the required level, which is chargeable, we will then place you on one of our website care packages. These are set up as an ongoing package with a minimum of 3 months. This is payable either in full on invoice or the cost can be split over equal monthly instalments by standing order. Should a standing order not be received your website maintenance will be stopped with no further notice and we will then need to carry out another assessment to check that there have been no issues caused due to not being monitored which will be charged.

EDGE Creative will not be liable for any lost emails or contacts that have not been backed up by the client prior to a switch in provider either to or from EDGE Creative. All email accounts are set up with a minimum of 12 months licence, we will contact all clients 2 months prior to the end of the 12 months to get confirmation that the email is still required, however we do reserve the right to auto renew all emails should we not get written confirmation. This is to ensure that no emails are lost.

While we promote and support our clients in both their own and our networking events, we do not guarantee sales or marketing leads.

All marketing/advertising is invoiced monthly in advance as agreed at the start of the contract term, this includes Google AdWords, SEO, LinkedIn, Facebook, Twitter and Pay Per Click advertising. This is purchased for an initial term and is ongoing on a monthly rolling contract once the initial contract terms ends until notice is given in writing no less than one month and one day from the contract renewal date. The client is responsible for all paid budget for these campaigns and a credit card will be required to set up any campaigns.

EDGE Creative cannot guarantee to provide a fault-free service due to the technically complex nature of the Service provided. However, all reasonable measures to ensure a fault free service will always be taken.

All quotes are valid for 30 days from the day the quote is generated. Only written quotes can be seen as “valid offers”. Delivery charges may apply that are not originally quoted and these charges will be made known prior to delivery. It is also accepted by the client that all quotes may need amending during larger projects and it is their responsibility to obtain such updated quotes in writing as it commences. Any additions to the original quote agreed upon verbally or in writing between EDGE Creative and the client will be seen a valid and accepted based on the initial acceptance of the quote.

All quotes are subject to our invoice and payment terms as indicated in our Terms and conditions.

Edge Creative reserves the right to amend quotes to meet any rises in costs.

On acceptance of a quote EDGE Creative will invoice for monies due for the quoted service or goods. Payment will be required 30 days from date of invoice unless otherwise stipulated at time of order or otherwise agreed.

Payments for website developments will require a deposit, and this will be invoiced prior to commencement and payable on receipt with the remaining balance invoiced in phases.

If you do not have a credit account with us, we will invoice on a proforma which will be payable on receipt before any work is started, you will be advised of this when you place your order.

We reserve the right to change our payment terms for certain services and these will be invoiced for payment on receipt. This includes but is not limited to – events, artwork release, website transfers, purchasing of images,  plug-ins and trademarks.

EDGE Creative reserves the right to ask for payment upfront for new clients and this will be stated at the time of quote, once the first order is completed, we will then place you on a 30-day account subject to status.

These are invoiced in advance at a discounted rate from our standard rate and payment for these are required on receipt of invoice. Should these invoices not be paid on receipt EDGE Creative reserve the right to re-invoice for work done at our standard hourly rate. No refunds are given on unused hours, they must be used within 12 months from date of purchase and are non-transferable.

Alterations after completion of the Design other than items that can be changed by the client are subject to charges, which will be stipulated at the standard hourly consultation rate.

All deliveries are charged in addition to the work quoted, we will advise at the time of order.

We do accept credit card payments and charge an admin fee of £25 should you wish to use this method.

Failure to pay on time in accordance with our terms and conditions may result in EDGE Creative withholding supply or publication of existing and future work, we will also add administration fee to cover the cost of chasing payment and should the account remain unpaid we will charge compound interest @8.5% above the NatWest base rate per month.

Should it be necessary to chase any outstanding debts through our solicitors all legal expenses will be payable by the client plus all interest due.

We do not provide artwork files to clients with overdue accounts until the outstanding balances have been paid. If you consistently pay late and have a credit account, this will be removed and all orders will be on a proforma invoice.

All orders are quoted excluding VAT but are subject to VAT where applicable in the United Kingdom of Great Britain and Northern Ireland at the current rate as decided by the Government of the United Kingdom.

EDGE Creative can without prior notice fully or partly interrupt, suspend or terminate the service without loss or reduction of rights if the client breaks any part of this agreement.

The client will in any eventuality remain liable for all charges, fees, rates and costs during the period of suspension, any period where the client does not comply fully with the terms and conditions.

Failure by EDGE Creative to insist upon strict performance by the client in accordance with the terms and conditions does not in any way lessen or affect the liability of the client under this agreement.

The client may terminate

• Hosting, web care plans, email accounts or domains 30 days before any renewal date of the service by giving written notice to EDGE Creative or declining the renewal quote
• Social Media, Marketing, AdWords or Email Marketing must be made in writing giving one month and one days’ notice to cancel from the contract renewal date.

EDGE Creative will indicate the website/page was created and supplied by EDGE Creative with a small line of text and graphics plus a link on the client’s website. EDGE Creative reserves the right to use details of the service and design in promotional material.

EDGE Creative reserves the right to suspend the client’s use of the service if it is having a detrimental effect upon the service received by any of EDGE Creative’s other clients or if the client is involved in anything illegal.

EDGE Creative may when the sites are available promote the content of a customer’s site in portal-based sites it may produce.

While all websites are designed, and coding is done by EDGE Creative in rare circumstances programming services may be required from another company or independent contractor. In such cases clients of EDGE Creative are not to hire, employ or enlist the services of the any third-party company for a period of 3 years following the completion of the project.

Support when included and unless otherwise agreed explicitly defined otherwise, telephone or remote access support will be provided during “Normal hours of business” 9am – 5pm Monday to Friday excluding all bank holidays in England and at other periods when the business is closed. Unless otherwise specified, site visits or support outside the scope of this agreement will be charged at the “standard Hourly Rate” prevailing at the time. Support requests will only be accepted from nominated Personnel. Changes in the list of nominated Personnel must be notified to EDGE Creative in advance of change.

By placing an order with us you accept this agreement, you agree to never share any of EDGE Creative’s design, concepts or work with outside designers, businesses or agencies. This will include but not limited to, design concepts, electronic proofs and photography.

By placing an order with us you agree to this quote, approving an order verbally or by email you acknowledge that you have read, understood and fully agree to the terms and conditions. Any details not included in writing in this agreement are not binding upon either party.

For a copy of our Terms & Conditions, please contact info@edge-creative.com or see our website.

Last updated March 2024