The following terms and conditions apply to all website development / design, search engine optimisation and internet marketing services provided by RedMonkeyCompany Limited, trading as SixtyMarketing and sixtymarketing.com, to The Client from 10th June 2013. These terms and conditions are subject to change without any prior notification.
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 for services to be provided by RedMonkeyCompany Limited are defined in the project quotation that the Client receives via e-mail. Quotations are valid for a period of 30 days. RedMonkeyCompany Limited reserves the right to alter or decline to provide a quotation after expiry of the 30 days.
Unless agreed otherwise with the Client, all website design services require an advance payment in full prior to work.
Payment for services is due by debit/credit card, PayPal or bank transfer.
3. Client Review
RedMonkeyCompany Limited 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 RedMonkeyCompany Limited otherwise within ten (10) days of the date the materials are made available to the Client.
4. Turnaround Time and Content Control
RedMonkeyCompany Limited 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 RedMonkeyCompany Limited receiving initial payment, unless a delay is specifically requested by the Client and agreed by RedMonkeyCompany Limited.
In return, the Client agrees to delegate a single individual as a primary contact to aid RedMonkeyCompany Limited with progressing the commission in a satisfactory and expedient manner.
During the project, RedMonkeyCompany Limited will require the Client to provide website content; text, images, movies and sound files
5. Failure to provide required website content:
RedMonkeyCompany Limited is a small business, to remain efficient we must ensure that work we have programmed is carried out at the scheduled time. On occasions we may have to reject offers for other work and enquiries to ensure that your work is completed at the time arranged.
This is why we ask that you provide all the required information in a timely manner when we request it to ensure we meet the deadlines agreed.. On any occasion where progress cannot be made with your website because we have not been given the required information in the agreed time frame, and we are delayed as result, we reserve the right to proceed with other jobs while we wait. If your project involves Search Engine Optimisation we need the text content for your site in advance so that the SEO can be planned and completed efficiently.
Using our content management system you are able to keep your content up to date your self.
Orders from 13th April 2015:
Maintenance Package: Payment by subscription or one off payments either by credit/debit card or BACS is required before any work is carried out on your website up to the total value of hours you booked in per month. Any unused hours are rolled over to the following month up to the value of 1. example, March you have 2 hours remaining. These 2 hours (plus your agreed monthly allowance) are rolled over to April. After April these 2 hours will be struck off and any unused allowance hours remaining from April will be rolled over to May and so on. Standard allowance hours apply Monday-Friday between the hours of 9am – 5pm GMT. Any emergency work required out of these hours (including weekends and UK bank holidays) will be deducted as double hours. Support by email, phone, live chat, social media or SMS is deducted at normal rate. Double hours do not apply to support even outside of our working hours or days. Any work that is due to server/employee error will be done to free at any time of the day. Even weekends and bank holidays.
Website Design Package: Payment of £10 per month (or relevant package amount) is required to be setup by The Client before we produce any website proofs from your design brief. This payment can be made by Credit/Debit Card or PayPal and is non refundable. The Client will then be emailed 3 live website proofs to choose from. These website proofs will be a direct link to a live theme containing demo content and images, there will be no personal branding, images or content for The Client on this website proof. If The Client does not like any of the website proofs we sent, we will be more than happy to send more until The Client approves one of them. Once The Client has approved a website proof, RedMonkeyCompany Limited will submit an invoice via email and/or our Private Message System for £250 to be paid by Bank Transfer. Once this payment has cleared in our account we will begin to build The Clients website. If The Client decides not to proceed with any of the website proofs we sent, The Client has the option to cancel their website design order and not pay £250. All websites on our monthly payment plan (either £10 per month or £19.95 per month) will remain active on our servers. Any cancellation of payment subscription may lead to your hosting account being suspended until your payment plan is reactivated. If you wish to transfer your monthly website to your own server there will be a fee of £250. Once this has been paid your monthly fee is then optional. This one off payment of £250 includes full licensing release of your theme and content to yourself, installation and setup on to your new server.
SEO Package: Payment of £10 (or relevant package amount) per month is required to be setup by The Client before we produce any keyword research. This payment can be made by Credit/Debit Card or PayPal and is non refundable. The Client will then be emailed a list of researched keywords that users search for on Google that could potentially drive the maximum possible traffic to The Clients website. Once The Client has approved their list of researched keywords, RedMonkeyCompany Limited will submit an invoice via email and/or our Private Message System for £100 to be paid by Bank Transfer. Once this payment has cleared in our account we will begin to complete all elements of our Onsite SEO Package. If The Client decides not to proceed with researched keywords we sent, The Client has the option to cancel their Onsite SEO Package order and not pay £100. Other packages not listed above, either SEO or Maintenance/Support packages require a 30 day notice prior to cancellation. All cancellations need to be submitted via your ticket.
Branding Package: Payment of £100 (or relevant package amount) is required in full before we begin with our branding package. This payment can be made by Credit/Debit Card or PayPal. The Client will be emailed 3-5 Logo Concepts from The Clients submitted Design Brief. The Client can then send feedback and/or alterations to the first set of 3-5 Logo Concepts. From this feedback from The Client we will then design and provide a further 3 Logo Concepts. Only minor adjustments can be made to the second set of Logo Concepts. Only minor changes can be changed to the Facebook Banner, Stationery Set Design and HTML Email Signature, once these Design Concepts have been sent to the Client. Once The Client has approved their Logo Design The Client is not entitled to any form of refund nor will we proceed with designing The Clients Facebook Banner, Stationery Set Design and HTML Email Signature until the Logo Design is approved first by The Client. If The Client decides to cancel their Branding Package order before approving their Logo Design proofs, 50% (£50) will be refunded.
7. Additional Expenses
Client agrees to reimburse RedMonkeyCompany Limited for any additional expenses necessary for the completion of the work. Examples would be purchase of special fonts, stock photography etc.
8. Web Browsers
RedMonkeyCompany Limited 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 RedMonkeyCompany Limited cannot guarantee correct functionality with all browser software across different operating systems.
RedMonkeyCompany Limited 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, RedMonkeyCompany Limited 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.
Accounts unpaid thirty (30) days after the date of invoice will be considered in default. If the Client in default maintains any information or files on RedMonkeyCompany Limited’s Web space, RedMonkeyCompany Limited will, at its discretion, remove all such material from its web space. RedMonkeyCompany Limited 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 assessed to the Client’s account. Clients with accounts in default agree to pay RedMonkeyCompany Limited reasonable expenses, including legal fees and costs for collection by third-party agencies, incurred by RedMonkeyCompany Limited in enforcing these Terms and Conditions.
10. Termination, Transfers and Refunds
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 writing. The Client will be invoiced for design work completed to the date of first notice of cancellation for payment in full within thirty (30) days.
Once The Client has confirmed their proof by email or through our private message system RedMonkeyCompany Limited will no longer offer a refund. We can provide a full refund prior to proof approval. This applies to our Web Design and Branding packages. Please see section 6. Payment if applicable.
With our Search Engine Optimisation and Internet Marketing Package we offer no refunds or guarantees of results to The Client. This will be accepted by The Client upon ordering any packages from us. We will do our up most to achieve results for The Client with our Search Engine Optimisation and Internet Marketing Packages. SEO or Maintenance/Support packages require a 30 day notice prior to cancellation. All cancellations need to be submitted via your ticket. Please see section 6. Payment if applicable.
Transferring Domain Names, Website Files and Material to a third party, The Client is required to submit this transfer in writing and complete our Domain and Website Transfer Request Form before the transfer process begins. RedMonkeyCompany Limited will provide The Client with full instructions on how to proceed with any transfers to ensure this is completed quickly and efficiently. Once the website and/or domain is fully completed to The Client, RedMonkeyCompany Limited holds no responsibility for the Website and/or SEO or Internet Marketing Packages. Outstanding hosting invoices that are due 3 months previous will be terminated from from our servers including all backups.
All RedMonkeyCompany Limited services may be used for lawful purposes only. You agree to indemnify and hold RedMonkeyCompany Limited harmless from any claims resulting from your use of our service that damages you or any other party.
The Client retains the copyright to data, files and graphic logos provided by the Client, and grants RedMonkeyCompany Limited 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 RedMonkeyCompany Limited permission and rights for use of the same and agrees to indemnify and hold harmless RedMonkeyCompany Limited 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 RedMonkeyCompany Limited 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 RedMonkeyCompany Limited 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. Design Credit
We may add a link to RedMonkeyCompany Limited will appear in either small type or by a small graphic at the bottom of the Client’s website. If a graphic is used, it will be designed to fit in with the overall site design. The Client also agrees that the website developed for the Client may be presented in RedMonkeyCompany Limited’s portfolio.
15. Access Requirements
If the Client’s website is to be installed on a third-party server, RedMonkeyCompany Limited 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.
16. Post-Placement Alterations
RedMonkeyCompany Limited 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.
17. Domain Names
RedMonkeyCompany Limited 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 non or late payment is not the responsibility of RedMonkeyCompany Limited. The Client should keep a record of the due dates for payment to ensure that payment is received in good time.
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.
19. Governing Law
This Agreement shall be governed by English Law.
RedMonkeyCompany Limited 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.
- Loss of profits or monies from third party plugins, software or inputs.
- Profit/income forecasts
The entire liability of RedMonkeyCompany Limited 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.
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,