Terms and Conditions - Great Bear Creative
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Terms and Conditions

The following terms and conditions apply to all services provided by Great Bear Creative.

1. 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

Charges for services to be provided by Great Bear Creative are defined in the project quotation that the Client receives via e-mail. Quotations are valid for a period of 30 days. Great Bear Creative reserves the right to alter or decline to provide a quotation after expiry of the 30 days.

Unless agreed otherwise with the Client, a website design service requires an advance payment of 50% of the project quotation total before work commences on the website. The remaining 50% is required upon completion which is prior to upload to the server and release of materials.

Payment for services is due by cheque or bank transfer. Bank details will be made available on invoices.

We are not responsible for funding applications, the decisions governing grant funding are in no way within our control.

3. Client Review
Great Bear Creative will provide the client with an opportunity to review the appearance and content of the website during the design phase and once the overall website development is completed. At the completion of the project, such materials will be deemed to be accepted and approved unless the client notifies Great Bear Creative otherwise within 10 days of the date the materials have been made available to the client.

4. Turnaround Time and Content Control
Great Bear will install and publicly post or supply the client’s website by the date specified in the project proposal, or at date agreed with client upon us receiving initial payment. Unless a delay is specifically requested by the client and agreed by Great Bear Creative. The client is required to provide all necessary information before the project commencement date. If the required materials aren’t provided it may delay the launch date of the project.

5. Payment
Invoices will be provided by Great Bear Creative upon completion, but before publishing the live website. Invoices are normally sent via email. Invoices are due on receipt. Accounts that remain unpaid 30 days’ after the date of the invoice will be assessed a service charge in the amount of 1.5% of the total amount due or £30 per month (whichever is higher).

6. Additional Expenses
Client agrees to reimburse Great Bear Creative for any additional expenses necessary for the completion of the work. Examples would be purchase of special fonts, stock photography etc.

7. Web Browsers
Great Bear Creative 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, Internet Explorer 8 & 9, Google Chrome, etc.) Client agrees that Great Bear Creative cannot guarantee correct functionality with all browser software across different operating systems.

Great Bear Creative cannot accept responsibility for web pages which do not display acceptably in new versions of browsers released after the website have been designed and handed over to the client. As such, Great Bear Creative 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.

9. Default
Accounts unpaid thirty 35 days after the date of invoice will be considered in default. If the client in default maintains any information or files on Great Bear Creative’s web space, Great Bear Creative will, at its discretion, remove all such material from its web space. Great Bear Creative 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 connected with the client’s account. Cheques returned for insufficient funds will be assessed a return charge of £25 and the client’s account will immediately be considered to be in default until full payment is received. Clients with accounts in default agree to pay Great Bear Creative reasonable expenses, including legal fees and costs for collection by third-party agencies, incurred by Great Bear Creative in enforcing these Terms and Conditions.

10. Termination
Termination of services by the client must be requested in a written notice and will be effective on receipt of such notice. Telephone requests for termination of services will not be honoured until and unless confirmed in official writing or by email. The client will be invoiced for design work completed to the date of first notice of cancellation for payment in full within 30 days.

11. Indemnity
All Great Bear Creative services may be used for lawful purposes only. You agree to indemnify and hold Great Bear Creative harmless from any claims resulting from your use of our service that damages you or any other party.

12. Copyright
The client retains the copyright to data, files and graphic logos provided by the client, granting Great Bear Creative the rights to publish and use such material. The client must obtain permission and rights to use any information or files that are copyrighted by a third party. The client is further responsible for granting Great Bear Creative permission and rights for use of the same and agrees to indemnify and hold harmless Great Bear Creative from any and all claims resulting from the client’s negligence or inability to obtain proper copyright permissions. A contract for website design and/or placement shall be regarded as a guarantee by the client to Great Bear Creative that all such permissions and authorities have been obtained. Evidence of permissions and authorities may be requested.

13. 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 (ASCII text files delivered on floppy disk or via e-mail or FTP) 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. Although every reasonable attempt shall be made by Great Bear Creative to return to the client any images or printed material provided for use in creation of the client’s website, such return cannot be guaranteed.

14. Access Requirements
If the client’s website is to be installed on a third-party server, Great Bear Creative must be granted temporary read/write access to the client’s storage directories which must be accessible via FTP. Depending on the specific nature of the project, other resources might also need to be configured on the server.

15. Post-Placement Alterations
Great Bear Creative cannot accept responsibility for any alterations caused by a third party occurring to the client’s pages once installed. Such alterations include, but are not limited to additions, modifications or deletions.

16. Domain Names
Great Bear Creative 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 none or late payment is not the responsibility of Great Bear Creative. The client should keep a record of the due dates for payment to ensure that payment is received in good time.

17. General
These Terms and Conditions supersede all previous representations, understandings or agreements. The client’s signature below or payment of an advance fee constitutes agreement to and acceptance of these Terms and Conditions. Payment online is an acceptance of our terms and conditions.

18. Governing Law
This Agreement shall be governed by English Law.

19. Liability
Great Bear Creative hereby excludes itself, its employees and or agents from all and any liability from:

Loss or damage caused by any inaccuracy;
Loss or damage caused by omission;
Loss or damage caused by delay or error, whether the result of negligence or other cause in the production of the web site;
Loss or damage to clients’ artwork/photos, supplied for the site. Immaterial whether the loss or damage results from negligence or otherwise.The entire liability of Great Bear Creative to the Client in respect of any claim whatsoever or breach of this Agreement, whether or not arising out of negligence, shall be limited to the charges paid for the services under this agreement in respect of which the breach has arisen.

20. Severability
In the event any one or more of the provisions of this agreement shall be held to be invalid, illegal or unenforceable, the remaining provisions of this agreement shall be unimpaired and the Agreement shall not be void for this reason alone. Such invalid, illegal or unenforceable provision shall be replaced by a mutually acceptable valid, legal and enforceable provision, which comes closest to the intention of the parties underlying the invalid.