If you have any questions regarding our Terms & Conditions, please call us on 01970 626035.
The Client: The company or individual requesting the services of create/enable.
Create/enable: All employees of create/enable, 66, North Parade, Aberystwyth, Ceredigion, SY23 2NF.
General: Create/enable will carry out work only where an agreement is provided either by email, telephone, mail or fax.
Create/enable will carry out work only for clients who are 18 years of age or above. An 'order' is deemed to be a written or verbal contract between create/enable and the client, this includes telephone and email agreements.
Whilst every endeavour will be made to ensure that the website and any scripts or programs are free of errors, create/enable cannot accept responsibility for any losses incurred due to malfunction, the website or any part of it.
The website, graphics and any programming code remain the property of create/enable until all outstanding accounts are paid in full. Any scripts, CGI applications, PHP scripts, or software (unless specifically agreed) written by create/enable remain the copyright of create/enable and may only be commercially reproduced or resold with the permission of create/enable.
Create/enable cannot take responsibility for any copyright infringements caused by materials submitted by the client. We reserve the right to refuse any material of a copyrighted nature unless adequate proof is given of permission to use such material.
Any additions to briefs provided will be carried out at the discretion of create/enable and where no charge is made by create/enable for such additions, create/enable accept no responsibility to ensure such additions are error free and reserve the right to charge an according amount for any correction to these or further additions.
The client agrees to make available as soon as is reasonably possible to create/enable all materials required to complete the site to the agreed standard and within the set deadline.
Create/enable will not be liable for costs incurred, compensation or loss of earnings due to the failure to meet agreed deadlines.
Create/enable will not be liable or become involved in any disputes between the site owner and their clients and cannot be held responsible for any wrongdoing on the part of a site owner. E.g. any disputes re content/images that have been provided to us for inclusion on the site.
Create/enable will not be liable for any costs incurred, compensation or loss of earnings due to the work carried out on behalf of the client or any of the clients appointed agents.
Create/enable will 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.
Once the terms of the contract has been agreed and signed, a 20% to £50% deposit or set up fee is required on any standard or database driven projects including packages.
The deposit or set up fee is non-refundable after 7 days, and is taken to cover time spent on client interaction and administration, project research, initial design work and any project reliant purchases such as core components, modules, plugins and outsourced labour.
For projects cancelled prior to 7 days after the signing of the contract, we will refund the full amount less any administration and fixed costs incurred during the 7 day time period.
Once a website has been designed and completed the final balance of payment is then due in accordance with our payment terms. There are no exceptions to this, i.e. if the client decides they no longer want the site, as they have commissioned the work and paid a deposit they are still obliged to pay for the work that has been done. Non payment will result in legal action being taken if necessary.
Once full payment is received for a website, it is assumed that the project has been completed to the client’s satisfaction and no refunds can be offered. We do offer free email and telephone assistance for a month after completion to allow for any final amendments that may be required.
Database, Application and E-Commerce Development
Create/enable cannot take responsibility for any losses incurred by the use of any software created for the client. Whilst every care has been taken to ensure products are problem free and accurate, the ultimate responsibility lies with the client in ensuring that all software is functioning correctly before use.
Any scripts, applications or software (unless specifically agreed) written by create/enable remain the copyright of create/enable and may only be commercially reproduced or resold with the permission of create/enable.
Where applications or sites are developed on servers not recommended by create/enable, the client is expected to provide or seek any information, additional software, support or co-operation pertaining to the server required in order for the application to be correctly developed. Where large applications are to be developed, it is the client’s responsibility to provide a suitable testing environment which is identical to the final production environment.
The client is expected to test fully any application or programming's relating to a site developed by create/enable before being made generally available for use. Where "bugs", errors or other issues are found after the site is live, create/enable will endeavour (but is not obliged to) to correct these issues to meet the standards of function outlined in the brief.
Create/enable will endeavour to ensure that any developed/designed site or application will function correctly on the server it is initially installed in and that it will function correctly when viewed with the web browsing software Microsoft Internet Explorer Version 6 and above and to an acceptable level with Mozilla browsers. Create/enable can offer no guarantees of correct function with all browser software.
Whilst create/enable recommends hosting companies to host websites, no guarantees can be made as to the availability or interruption of this service by create/enable cannot accept liability for losses caused by the unavailability, malfunction or interruption of this service, or for loss of turnover, sales, revenue, profits or indirect, consequential or special loss.
Create/enable reserve the right to refuse to handle in any way, material which may be deemed offensive, illegal or in any way controversial, and also to terminate the free hosting service should the necessity arise.
Due to external factors, such as changes to the way search engines rank websites, we cannot offer any guarantees regarding the position we will achieve for websites. The process of optimising websites itself will bring in more traffic and hits and you'll see visits increase to your site naturally. We cannot accept liability for any change in rankings, or drop off in the position of your website due to changes in the algorithms of the search engines or the factors that they use to rank websites.
We use 'white hat techniques' when optimizing websites and always aim to achieve a top ten ranking for your website within six months of undertaking the optimization process. Due to the work involved payment is generally required in advance and we are unable to offer a refund of any create/enable clients in relation to this type of work.
Create/enable reserve the right to refuse to handle in any way, material which may be deemed offensive, illegal or in any way controversial.
Payment of Accounts and Payment Methods
A percentage deposit is required from any new client before any work is carried out. It is our (create/enable) policy that any outstanding accounts for work carried out by create/enable or its affiliates are required to be paid in full, no later than 30 days from the date of the invoice unless by prior arrangement with create/enable.
All services agreed to in this CONTRACT shall be sold for the price specified in the QUOTATION. Payment by bank transfer or debit/credit card via PayPal or standing order. Bank and PayPal details are shown on all invoices and statements. Payment by cheque and postal order is only acceptable by prior agreement. Only once a payment is cleared funds will it be deemed received.
Preferred payment methods are: Bank transfer, Standing Order, Cash, PayPal and debit or credit card via PayPal. International customers: The only accepted payment method for International customers is Bank Transfer.
Payment by cheque or postal order is only acceptable by prior agreement. If paying by cheque or postal order additional terms and conditions may apply to your project and there may be an additional administration charge of £25.00 to cover the time and inconvenience of banking your payment.
Once a deposit or series of deposits is paid and work completed you are obliged to pay the balance of payment in full. We will contact clients via email and telephone to remind them of such payments if they are not received when due.
If accounts are not settled or create/enable have not been contacted regarding the delay, access to the related website may be denied and web pages removed, we will then pass such cases to the Small Claims Court to pursue payment, non payment can result in county court judgements (CCJ's) being added to the clients credit rating.
Following consistent non payment of an invoice our Solicitors will contact the client in question, with a view to taking the matter further and if need be to seek payment through legal procedures, and if necessary court summons.
Anyone who experiences a problem with their web service provided by create/enable should raise the matter directly using our online contact form to do so, giving sufficient information to locate the material (such as an URL) and clearly outlining the grounds for complaint.
Create/enable will approach the individual responsible for the material in question with a view to resolving the matter to the satisfaction of the complainant.
Formal Complaints Procedure:
The formal complaints procedure should only be used where the complainant feels that the nature of the complaint is too serious to be dealt with informally, or where a satisfactory conclusion has not been reached after following the informal procedure.
A formal complaint should be made in writing to create/enable, who will acknowledge receipt and ensure that the matter is looked into as soon as possible.
An initial response to any complaint can be expected within seven days of its receipt; a full and considered response to the complaint should be completed within 30 days and any subsequent remedy implemented with the minimum of delay.