A ‘Project(s)’ is any work undertaken, service provided or ‘Package’ delivered by Karbon Designed for the client on their request and as described in our “Proposal” supplied to the client.
‘You’ or ‘Client,’ is a person, persons, business or organisation using any of the services provided by Karbon Designed.
‘We’ or ‘us’, means Karbon Designed.
‘Proposal’ is the client quotation or similar document that constitutes all the agreed work & price of the ‘Project’
‘Content’ is both text, images, graphics, video or audio that the client requires on the website.
‘Domain name’ is the website address used by the client.
‘Hosting’ is the yearly cost to keep a client’s website activated online.
‘CMS’ content management system available under the GNU Genera Public License (GPL).
‘Package’ a fixed price collection of web & business related features.
The following terms & conditions apply to all website design & development, SEO (search engine optimisation, eCommerce, video & audio projects and any other provided by Karbon Designed to the client.
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 the proposal or one of our many packages 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 take time to read these terms and conditions carefully. Any purchase or use of our services implies that you have read and accepted our terms & conditions.
We’ll always do our best to fulfil your needs and meet your expectations, but it’s important to have things written down so that we both know what’s what, who should do what and when, and what will happen if something goes wrong.
In these terms & conditions, you won’t find any complicated legal terms or long passages of unreadable text. We’ve no desire to trick you into something that you might later regret. What we do want is what’s best for both parties, now and in the future.
What do both parties agree to?
As our customer, you have the authority to enter into this contract on behalf of yourself, your company or your organisation. You’ll give us everything we need to complete the project as and when and in the format we need it. You’ll review our work, provide feedback and approval in a timely manner too. Deadlines work two ways, so you’ll also be bound by dates we set together. You also agree to stick to the payment schedule set out in the proposal.
We have the experience and ability to do everything we’ve agreed with you and we’ll do it all in a professional and timely manner. We’ll endeavour to meet every deadline that’s set but we can’t be responsible for a missed launch date or a deadline if you have been late in supplying materials or have not approved or signed off our work on-time at any stage. On top of that, we’ll maintain the confidentiality of everything you give us.
We create designs for the look-and-feel, layout and functionality of your web site. As you know, design is subjective and for this reason, we decide upon and implement one of the following options; a small number of minor revisions based on one main design or we deliver a varying number of detailed designs based on the size, scope & nature of the project for you to review and make a limited number of revisions or we use our skill & expertise to deliver a modern, contemporary design with the facility to make some minor tweaks. In all cases, we are the sole arbiter and the amount of work should never exceed what is deemed to be fair and reasonable.
If you’re not happy with the designs at this stage, you will pay us in full for all of the work that we have produced until that point and you may either cancel this contract or continue to commission us to make further design revisions at a rate set out in our proposal or through on-going discussion with you.
We are not responsible for writing or inputting any text copy unless we specified it in the proposal. We’ll be happy to help though, if you’d like us to write new content or input text for you, we can provide a separate estimate for that. We will endeavour to check any written content we do produce for errors in terms of grammar, spelling and factual accuracy however the ultimate responsibility for these elements will fall on you the client. We do not proof read any content you provide for your website. We accept no responsibility for errors in any content you provide or we produce.
Karbon Designed is a small business like you and to remain efficient we must ensure that work we have programmed is carried out at a scheduled time. On occasions, we may have to reject offers for other work & enquiries to ensure that your project is completed on time.
This is why we ask that you provide all the required information in advance. On any event 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 a result, we reserve the right to impose a surcharge of up to 25%. This applies to any content, including SEO.
If you agree to provide us with the required information and subsequently fail to do within one week of project commencement, we reserve the right to close the project and the balance remaining becomes payable immediately. Simply, what we are saying is do not give us the go-ahead to start until you are ready to do so.
You should supply graphic files in an editable, vector digital format. You should also supply photographs in a high-resolution digital format. If you choose to buy stock photographs, we can suggest stock libraries. If you’d like us to search for photographs for you, we can provide a separate estimate for that. Some of our packages include access to a limited number of free stock images and to our stock library of choice and stock images we provide are for use on your website only and allowances as part of your package and/or add-ons expire once your website is launched. We cannot guarantee that suitable images are available for your project from our preferred stock library. If this happens, we would suggest alternative websites for you to choose from but you would be solely responsible for purchasing them. We would advise you as necessary.
If commissioning an ecommerce website we do not add all your products, due to the time constraints of delivering your website on time and within budget. We try to provide (but not always) some inital video conferencing training to show you the basics or we can visit your premises and deliver on-site training at an additional charge. If more comprehensive support is required we advise taking out one of our website maintenance packages.
We make every effort to ensure websites are designed to viewed by the majority of visitors. Websites are designed to work with the most popular current browsers (e.g. Google Chrome, Firefox, Microsoft developed products, etc.). The client agrees that Karbon Designed cannot guarantee correct functionality with all browser software across different operating systems.
We cannot accept responsibility for web pages which do not display acceptably in new versions of browsers released after the website has been designed and handed over to the client. Karbon Designed reserve the right to quote for any work involved in changing the website design or website code for it to work with updated browser software.
Hosting & technical support
You may already have professional hosting and you might even manage that hosting in-house; if you do, great. If you don’t, we can set up an account for you at our hosting provider. We may charge you a one-off fee for installing your site on this server, plus any statistics software such as Google Analytics. Thereafter, the updates to, and management of that server, plus any support issues will be up to you.
Karbon Designed offer free SSL with a large number, but not all, sites we host and manage DNS for. If you wish to manage DNS yourself we cannot provide support for SSL.
We don’t offer or include technical support for web site hosting, email or other services relating to web site hosting – unless you have signed-up to one of our web hosting or maintenance agreements. If the client does not use Karbon Designed hosting services, then the management and hosting of the website are the full responsibility of the client. If you do require help with anything beyond the design and development of your site, we’ll be happy to help.
All our web & email hosting plans and maintenance packages are subject to review on a regular basis. We want to provide all our customers with a quality, cost effective service but sometimes we may have to adjust the pricing – for a variety of reasons. If this happens, we will contact you via phone or email in advance, notifying you of the price adjustment and the reasons why we’ve had to make the change.
Search engine optimisation
We offer a number of different of search engine optimisation services that can involve one or more of the following; keyword research, competitor research, on-page optimisation, technical website audits, local directories, Google My Business & Bing Places and other associated processes.
Karbon Designed does not take any responsibility for a client’s website rank on search engines. This also includes any potential website downtime that can occur. When updating, changing, creating and hosting a client’s website, there could be a change in the websites search engine ranking. We will implement reasonable endeavours to improve the ranking of the client’s website only in relation to “Google” and “Bing”.
Changes & revisions
We know from experience that fixed-price contracts are rarely beneficial to you, as they often limit you to your first idea about how something should look or work. We don’t want to limit your ability to change your mind.
The price we specify in any proposal is based on the length of time we estimate we’ll need to accomplish everything you’ve told us you want to achieve, but we’re happy to be flexible. If you want to change your mind, add extra pages or functionality, that won’t be a problem. You will be charged the daily/hourly rate either set out in the proposal we gave you or if this was not set out in the proposal, this would default to our standard ‘project’ daily/hourly rate that is available on request. Along the way, we might ask you to put requests in writing so we can keep track of changes.
In discussion with you, we can provide an expected completion time frame for the development of your project. The successful implementation of the project within the period laid down is dependent on the delivery of any assets (e.g. copy, content etc.) or relevant information to Karbon Designed.
Every effort will be made to meet any deadlines set. Please note, however, these may be subject to change due to circumstances outwith our control. But, we endeavour to complete your project efficiently and with the minimum of fuss.
Package ‘turnaround times’ are estimates based on average past performance, they are not a guaranteed timescale for project completion.
Legalities, copyright & intellectual property
Karbon Designed shall expect the client to carry out sufficient research before proceeding with the design and development of a website. Which includes checking that the website/idea/business will operate legally.
You will guarantee that all elements of text, graphics, photos, designs or other artwork, video & audio you supply are either owned by your good selves, or that you’ve permission to use them. Where images used on the website may have been purchased or sourced from free online platforms by Karbon Designed on behalf of the client, these images are restricted by license for use on the website only. We are not liable for misuse of these images by the client or any other person.
We own all design and code of the website until final payment has been received in full. When your final payment has cleared, copyright will be automatically assigned as follows:
You’ll own the visual elements that we create for this project. We’ll give you source files and finished files if you so desire and you should keep them somewhere safe as we’re not required to keep a copy. Unless we are hosting your website for you, where regular backups are created automatically where specified. You own all elements of text, images and data you provided unless someone else owns them.
We’ll own the unique combination of these elements that constitutes a complete design and we’ll license that to you, exclusively and in perpetuity for this project only, unless we agree otherwise. Which we can provide a separate estimate.
We love to show off our work and share what we’ve learned with other people, so we reserve the right to display a small “Karbon Designed” hyperlink at the bottom of your website pages and link to your project as part of our portfolio and to write about it on websites, in magazine articles and in books.
Karbon Designed 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.
Karbon Designed do not purchase domain names on behalf of the Client, unless special provision is put in place to do so. Payment and renewal of those domain names are the sole responsibility of the Client. The loss, cancellation or otherwise of the domain brought about by non or late payment is not the responsibility of Karbon Designed. The Client should keep a record of the due dates for payment to ensure that payment is received in good time.
Website design, SEO & eCommerce packages
Karbon Designed provide a number of website design, SEO and eCommerce packages which incorporate a wide range of features that vary not only in number and choice of web related options but also in the range of associated add-ons from other disciplines and business sectors.
Depending on the features included in the various packages we offer or in one of the separate additional options we provide, there will be certain items that will be delivered by one of the small number of business partners we work closely with. Karbon Designed will put you in touch immediately with the business owner of these external partners, so you can liaise with them directly.
Karbon Designed cannot be held reponsible under any circumstances for any problems, issues or negative situations that may occur in dealing with any of the above business partners. We will do our utmost to help and support our clients in the unlikelihood any such occasions should occur but make no guarantees.
Unless specified, terms and conditions relative to individual packages supercede all others. Sometimes, administrative mistakes are made and Karbon Designed will do everything in their power to rectify them. But, due to the nature of the way packages are constructed, errors do occur occasionally. In this instance, Karbon Designed will be sole arbiter in the event of any disputes. Features of ongoing packages do not roll over. Any allowances expire at the end of the specified period, if no period has been provided then Karbon Designed will be ultimately responsible to deem what is reasonable.
More legal stuff
We can’t guarantee that our work will be error-free and so we can’t be liable to you or any third-party for damages, including lost profits, lost savings or other incidental, consequential or special damages arising out of the operation of or inability to operate this web site and any other web pages or any claims resulting from your use of any of our services, even if you’ve advised us of the possibilities of such damages. The content management system (CMS) we use is licensed under a free software license (GPL) and comes with no warranties of any kind.
If any provision of this contract shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this contract and shall not affect the validity and enforceability of any remaining provisions.
Payments – additional information
Invoices are normally provided upon project completion and are normally sent via email. Invoices are due on receipt.
In the event of any launch date delays, should this exceed two weeks or more from the date of the initial launch day then Karbon Designed reserve the right to invoice you the final balance. We also reserve the right to complete all agreed work in full and invoice the final balance unless prior arrangements have been made, in the event of any delays or at our discretion invoice you a prorated portion of the fees that is not less than 80% of the total proposal fee.
We reserve the right to apply interest if accounts remain unpaid more than 7 days after the date of the invoice, at a rate which is 5% of outstanding amount to be added every 7 days thereafter, starting from 8th day after the date of the final project invoice – calculated on a weekly basis or part thereof and payable immediately. Overdue payments are also subject to an additional late payment fee of £15.
Should payments remain unpaid, we reserve the right at any time to give you 14 days notice to pay. If payment is not made within that period, a final £25 late payment fee will be applied and the case may be referred for collection through the courts.
The liability of any outstanding balances falls to the company or individual who commissioned or has current responsibility for the project or services provided. If an incorrect company name is provided, the liability will fall to the individual who has current responsibility for the project or services.
Initial payments/deposits on all services provided by Karbon Designed or their business partners e.g. website design, logo design, seo, branded clothing etc. are non-refundable.
Termination of services by the client must be requested in a written notice and will be effective once we have contacted you to confirm receipt of such notice. Email requests for the termination of services will not be honoured until and unless accompanied with a digital signature or confirmed in writing.
You are free to cancel your project while your website is being built and only forfeit the non-refundable deposit payment. If however you wish to cancel once your website mock up / initial design has been produced, you will then be liable for the full balance of the website build and any other fees accumulated during the build process. If you have paid for your website upfront and you cancel your order, the amount paid is non-refundable.
If you have received a discount or promotional extra as part of your package and wish to cancel during any of the phases prior to, and up to completion of your package, any outstanding balance will be calculated on the basis of the full cost of all items without discount or promotions applied.
Karbon Designed reserve the right to cancel projects or services at any time, for any reason, and without prior notification. Should we decide to cancel this agreement, we’ll send you a cancellation notice either electronically or in writing. We’ll send this notice to the physical or email address we have on record. If a client account is cancelled due to non-payment then we reserve the right to request the full balance of any outstanding services on the account, payable immediately.
But where’s all the horrible small print?
Just like a parking ticket, you can’t transfer this contract to anyone else without our permission. This contract stays in place and need not be renewed. If for some reason one part of this contract becomes invalid or unenforceable, the remaining parts of it remain in place.
Although the language is simple, the intentions are serious and this contract is a legal document under exclusive jurisdiction of Scottish courts.
Oh, and don’t forget those men with big dogs.