TERMS & CONDITIONS.
The following terms and conditions apply to all website development / design services and marketing services provided by Markerching Ltd 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 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 Markerching Ltd are defined in the project quotation that the Client receives via e-mail. Quotations are valid for a period of 30 days. Markerching Ltd reserves the right to alter or decline to provide a quotation after expiry of the 30 days.
Payment for services is due by bank transfer. Bank details will be made available on invoices.
3. Client Review
Markerching Ltd 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 Markerching Ltd otherwise within ten (10) days of the date the materials are made available to the Client.
4. Turnaround Time and Content Control
Markerching Ltd 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 Markerching Ltd receiving initial payment, unless a delay is specifically requested by the Client and agreed with Markerching Ltd.
During the project, Markerching Ltd will require the Client to provide website content; text, images, movies and sound files
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.
Invoices will be provided by Markerching Ltd upon completion but before publishing the live website or or a monthly basis for monthly contracts. Invoices are normally sent via email; however, the Client may choose to receive hard copy invoices. Invoices are due for payment within 15 days upon receipt. Accounts that remain unpaid sixty (60) days after the date of the invoice will be assessed a service charge in the amount of the higher of one and one-half percent (1.5%) or £30 per month of the total amount due.
6. Additional Expenses
Client agrees to reimburse Markerching Ltd for any additional expenses necessary for the completion of the work on the basis that these expenses had been previously agreed with the Client. Examples would be purchase of special fonts, stock photography etc.
7. Web Browsers
Markerching Ltd 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.). The Client acknowledges that Markerching Ltd cannot guarantee correct functionality with all browser software across different operating systems.
Markerching Ltd cannot accept responsibility for web pages that do not display acceptably in new versions of browsers released after the website have been designed and handed over to the Client.
Accounts unpaid sixty (60) days after the date of invoice will be considered in default. If the Client in default maintains any information or files on Markerching Ltd's hosted servers, Markerching Ltd may, at its discretion, remove all such material from its servers. Markerching Ltd 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 Markerching Ltd reasonable expenses, including legal fees and costs for collection by third-party agencies, incurred by Markerching Ltd in enforcing these Terms and Conditions.
Termination of services by the Client must be requested in a one (1) month written or emailed notice and will be effective on receipt of such notice. 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.
Markerching Ltd's services may be used for lawful purposes only. You agree to indemnify and hold Markerching Ltd 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 Markerching Ltd 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 Markerching Ltd permission and rights for use of the same and agrees to indemnify and hold harmless Markerching Ltd 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 Markerching Ltd that all such permissions and authorities have been obtained. Evidence of permissions and authorities may be requested.
12. 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 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 Markerching Ltd 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.
13. Access Requirements
If the Client's website is to be installed on a third-party server, Markerching Ltd must be granted temporary read/write access to the Client's storage directories which must be accessible via FTP or a CMS. Depending on the specific nature of the project, other resources might also need to be configured on the server.
14. Post-Placement Alterations
Markerching Ltd 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.
15. Domain Names
Markerching Ltd 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 Markerching Ltd.