Terms and Conditions

1. CONTRACT

1.1 These Terms apply to all orders. For purpose of definition orders are signed Purchase Orders and confirmation in writing of a quote being accepted by email. Receipt of order by you, constitutes your acceptance that our conditions are the only conditions that apply to the contract. Payment of your first invoice by you, constitutes your acceptance of our terms and conditions. Acceptance of quotation on quotation software also constitutes a commitment to the project and these terms and conditions.

1.2 Your agreement and business relationship is with Phase Creative Solutions Limited for the term of your project any hosting thereafter.
Business official address: Grosvenor House, St Paul’s Square, Birmingham B3 1RB.
Company number: 9039297

1.2 Quotations must be signed off in writing and orders are accepted subject to our right to adjust prices due to an increase in wages, taxation, production costs or other reasonable increases. Phase will carry out work specified within the quotation document. Quotations are only valid for 30 days.

1.3 Any discounts are offered on the strict understanding that the accounts are paid by the due date. We reserve the right to invoice for any such discounts on accounts which become overdue.

2. INVOICING AND PAYMENT TERMS

2.1 Unless otherwise agreed, our standard invoicing terms are 50% upfront as a nonrefundable deposit invoice to be paid before work commences upon accepting instructions. The final 50% will be invoiced upon completion / delivery / sign off. If no requests for amendments or are provided, or the client fails to provide content and/or instruction within four weeks, the final 50% will be invoice and is payable. All website invoices must be paid in full prior to go-live.

2.2 Any costs for print production must be paid in advance of a job going to print and must be settled before print delivery date. Print jobs will only be dispatched when payment is settled in full. We cannot be held responsible for delays caused in waiting for funds to clear.

2.3. Phase do not offer credit terms. Invoices are payable within 7 days of the dated invoice and any late payments in accordance with the Late Payments of Commercial Debts (Interest) Regulations 2002, where the regulations apply, will incur a cost of 5% per month above the Bank of England base rate. In the event of late or missed payments Phase reserves the right to take down any website without notice or withhold printed material/goods.

2.4 Payment is currently acceptable by BACS, CHAPS transfer or cash. Please note that we do not accept cheques.

2.5 Clients must raise objections to invoices within 48 hours of the date of the invoice. Any failure to object within this period is deemed as acceptance of the invoice.

3. PROJECT WORK

3.1 Any change requests or additions to the project brief not included within the agreed proposal will be charged on top of the quoted price at an hourly rate of £35. (Or quoted for separately as a new job).

3.2 A project brief or scope will be agreed prior to work commencing. Clients must at their own expense supply Phase with all necessary materials and information to provide the services laid out in the order. We request all assets and content for a project to be supplied up front at the start of a project. Phase cannot be held responsible for delays to a project caused by lack of necessary information, images, content or sign off.

Text is to be supplied to Phase in electronic format as standard text (.txt), MS Word (.doc) via electronic format, CD-ROM, or e-mail.

Images which are supplied in an electronic format, are to be provided in a format as prescribed by Phase via electronic format, CD-ROM, or e-mail. Images must be of a quality suitable for use without any subsequent image processing, and Phase will not be held responsible for any image quality which the client later deems to be unacceptable. Phase cannot be held responsible for the quality of any images which the client wishes to be scanned from printed materials.

3.3 We maintain the right to refuse any material which may be deemed to be offensive, abusive, indecent, defamatory, obscene, menacing or in any breach of confidence, copyright, privacy or any other right or in any way thought to be unsuitable for reproduction. We accept no responsibility for the content of client’s website or printed material.

3.4 Phase retains the title to all goods/designs/websites created for you until full and final payment is received. All visuals and other deliverables created in the course of performing the services not used in the final product or website will belong to Phase and the client shall not obtain any rights therein. In all instances, the client owns the IP of the designs and content of any website. The source code of a website remain the intellectual property right of Phase indefinitely. If a client requires transfer of IP of source code, this will be agreed separately along side agreement of a reasonable compensation for the privilege.

If multiple design concepts are submitted, only one concept is deemed to be given by Phase as fulfilling the contract. All other artwork/designs remain the property of Phase, unless agreed in writing.

3.5 A project’s official start date is the date your first payment clears and funds are accessible in our bank account. Estimated delivery dates are not guaranteed. We try our best to meet these deadlines, however we can not be held liable if the project is delayed due to issues beyond our control such as; delay in client passing on content to the project manager, technical issues, employee sickness, 3rd party issues, changes to the brief, force majeure.

3.6 We will offer a reasonable amount of bug fixing and support via email and telephone up to 30 days after delivery of your website. Thereafter, change requests, fixes whether bug fixes or due to misuse will be chargeable. We do our best to avoid hacks of your website but if this happens we will endeavour to help out to fix any problem charged at £35 per hour, Phase will not be held responsible for hacks and their result in potential lost revenue.

3.7 Your website footer will contain a discreet text link back to our website. If you wish for this to be removed it must be agreed before commencement of your project. You also agree to allow Phase to place work samples on our own website and for use in our own promotional material.

3.8 Every effort will be made to obtain the best possible colour reproduction on clients work but due to the nature of the process involved Phase shall not be required to guarantee an exact match in colour or texture between the printed results and any proof or existing copy so supplied. Pantone ink matches cannot be produced using the full-colour process. Any proof copies issued are NOT colour accurate and are issued for content checking only.

4. HOSTING

4.1 If a client requires Phase to purchase a domain name, that can be transferred to the client at any time upon request save for overdue accounts and Phase does not claim IP for any domain name purchased for and on behalf of a client.

4.2 If the client has purchased the domain name you must be able to manage the DNS settings and re-point the ‘A’ and ‘WWW’ records to the necessary hosting server. If you require assistance to do this there will be an admin charge of £35. We cannot accept responsibility for failure to re-point the domain name or being unable to work with your chosen domain host.

4.3 Phase does not offer in-house hosting services. Where the client requests Phase to appoint hosting a suitable hosting service will be supplied, this is to be covered by the client and will be agreed on a project by project basis. Phase accepts no responsibility for third party hosting issues but will endeavour to aid the client where necessary. The client is fully within their right to appoint a hosting service. Phase may provide the contact details of some such providers but accepts no responsibility as to their suitability and will accept no liability whatever the cause.

Phase may inform the client that their current hosting arrangements may not be satisfactory or acceptable because of, for example, poor service, lack of bandwidth or incompatible. It is the client’s responsibility to provide a hosting service suitable to the website being provided by Phase in this instance.

4.4 For all websites with Content Management Systems hosted through Phase, editor access will be granted to the website. Requests for an administrator or FTP access will be denied in all circumstances. Clients will not be given admin access, if this is a requirement then the website must be on a dedicated server and a different pricing structure will be applicable.

5. GENERAL TERMS

5.1 This agreement may be terminated by either Phase or you providing written notice is given to the other party in a reasonable time frame, 30 days. Upon cancellation of any project, Phase reserves the right to invoice for all work completed until such time. You will be liable for any third party costs incurred prior to cancellation of the contract.

5.2 Complaints must be made at the time of receiving printed goods and any complaints thereafter 24 hours are void. For any other work, complaints must be raised in a timely and constructive manner in writing. Phase will endeavour to respond to and rectify any reasonable issues arising quickly and efficiently.

5.3 Phase does not implicitly offer exclusivity to any client for their defined industry. If this is required an acceptable fee and reasonable duration will be negotiated on a case-by-case basis.

5.4 Phase warrants and represents to the Client that it will perform its obligations under these Terms with reasonable skill and care. Our liability for loss or damage suffered by you in respect of goods or work carried out shall be limited to the contract value of the goods.

In respect of websites being taken down in the event of overdue accounts, we accept no responsibility for damages (indirect or direct, loss of profits, revenue or goodwill of the client) and any claim will be void. Nothing in these terms and conditions shall affect the rights of the consumer.

5.5 We reserve the right to make changes to these Terms and any adjustments will be provided in writing to you.

5.6 This contract between ourselves the Company and the Client shall be governed by and construed in accordance with English Law.