CLIENT This is the person or company signing the Flamingoat Ltd client agreement.
WORK / PROJECT / ARTWORK This is the material created by Flamingoat Ltd for the client.
1.1 Before work is carried out by Flamingoat Ltd the quote must be agreed and the client agreement must be signed and dated by the client. By signing the client agreement the client is accepting both the quote/invoice and the terms and conditions laid out in this document by Flamingoat Ltd.
1.2 Quotes to clients from Flamingoat Ltd are valid for 30 days from the date stated on the quote. After this date a new quote may be required.
2.1 Unless stated otherwise in the Client Agreement, once the agreement for Flamingoat Ltd to undertake the work described has been signed by the client, 50% of the quote becomes immediately payable to Flamingoat Ltd. This 50% is non refundable.
2.2 The balance is payable on completion of the work. Flamingoat Ltd reserve the right to retain / remove work if payment is not received from the client at this time.
2.3 All work undertaken by Flamingoat Ltd is the property of Flamingoat Ltd until full payment is received from the client.
2.4 Flamingoat Ltd reserve the right to change prices at any time.
2.5 BACS payments are preferred and details for this can be found on the invoice. However payment by cash or cheque is also accepted. All cheques should be made payable to Flamingoat Ltd. There is an additional charge of £1.30 for paying by cheque. Please add this to the invoice amount.
2.6 Client cheques which are returned by the bank will incur an additional fee of £25 per cheque.
3.1 Two sets of minor alterations can be made by the client after designs have been presented by Flamingoat Ltd. After this, additional alterations may incur extra costs.
4.1 Flamingoat Ltd is not liable for copyright laws related to text, images and other data supplied by the client. The client is responsible for all copyrights on such material and / or trademark permissions. Ownership of such materials will remain with the client or with its rightful copyright / trademark owner.
4.2 The client agrees that Flamingoat Ltd are free from harm in any way including any claims resulting from the client not obtaining all the required copyrights and / or any other necessary permissions.
5.1 The quoted completion date set out in the agreement signed by the client does not take fully into account information supplied by the client (e.g. text, images, data etc.). Delay in supplying such information will affect turnaround times. Flamingoat Ltd shall not be liable for any delays that occur as a result of client failure to supply the required information.
7.1 The client agrees that Flamingoat Ltd have no liability for damages or losses sustained by the client for loss of earnings or claims made against the client.
7.2 In no event shall Flamingoat Ltd’s liability exceed the total value paid to Flamingoat Ltd by the client.
7.3 The client will incur full responsibility of the work on completion of the project and is liable for any offensive content displayed to the public (e.g. offensive material posted on a forum or website etc.).
7.4 It is the client’s responsibility to arrange renewal of their hosting and domain names either through Flamingoat Ltd or an alternative company.
7.5 Flamingoat Ltd will aim to backup all work created for a client, but is not responsible if the work is lost or erased.
7.6 It is the client’s responsibility to check the final proof of work created by Flamingoat Ltd for accuracy including contact details, spelling and grammar.
7.7 Flamingoat Ltd is not liable for any content on client websites, all content should be supplied and checked by the client. Where a client’s website contains a bulletin board, chat room, blog, news page or other on-line forum the client is responsible for ensuring that the suitability of its content is enforced and that all material that falls outside the suitability criteria is deleted from such forum as soon as is reasonably possible.
8.1 Flamingoat Ltd is not responsible or liable for a client receiving any computer virus, malware or spam emails from any source.
9.1 If the contract is to be terminated, either Flamingoat Ltd or the client must give 14 days written notice to the other party.
9.2 Any costs incurred by termination of project are the responsibility of the client.
10.1 Flamingoat Ltd reserves the right to use clients work in their portfolio both on the website and in printed form.
10.2 Flamingoat Ltd reserves the right to display a link from a client’s website / web page to the Flamingoat Ltd website.
10.3 Flamingoat Ltd reserves the right to place a small credit to themselves on any client’s website, which was created by Flamingoat Ltd for the client.
11.1 Flamingoat Ltd reserve the right to enforce restrictions on the quantity of content displayed on a web page provided by the client. Unless stated otherwise these restrictions are: maximum of 1000 words per web page (in image or HTML format), maximum of 20 photos / images per web page, maximum of 20 products per web page, maximum of 20 links per web page (this does not include websites own linking structure), maximum of 20 downloadable items per web page, maximum of 15 text fields for the user to send information via email per web page. Anything over these limits will be considered a new web page and charged appropriately to the client. If multiple content types are used on a web page, then these maximum quantities will be reduced with discretion of Flamingoat Ltd.
11.2 Any text for a project (e.g. website page content) should be delivered to Flamingoat Ltd by the client in Microsoft Word document format or typed in an email (a straightforward format to copy and paste from), not written by hand or supplied printed. Flamingoat Ltd reserve the right to charge for any time taken retyping documents for projects.
11.3 Flamingoat Ltd reserve the right not to upload a website to the public or send material to print, if final payment has not been met.
These Terms and Conditions are the property of Flamingoat Ltd.
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