Terms of Service

Last updated on the 29th April 2020.

SERVICE AREAS

Goldcrest Pay Monthly Websites provides web design, development and management services to small businesses and the self employed, primarily in the UK but also to select clients in the rest of world with some exclusions.

The service is not suitable for: private medical services; pharmaceuticals; political parties or candidates; gambling; adult content; or anything illegal or contentious in England including firearms/weapons; illicit drugs/drug paraphernalia; or copyright infringement.

The above list is not exhaustive and all services are subject to discretionary acceptance.

SERVICE TERMS

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 this agreement you won’t find any complicated legal terms or long passages of unreadable text. We’ve no desire to trick you into signing something that you might later regret. What we do want is what’s best for both parties, now and in the future.

You (the customer) (“You”) are hiring us (Goldcrest Pay Monthly Websites) (“I, We or Us”) to:

  1. Design and develop a website as per your plans specification for use solely on the pay monthly website platform
  2. Provide ongoing services relating to the upkeep of the website as per the plan specification

WHAT DO BOTH PARTIES AGREE TO?

You: You have the authority to enter into this agreement on behalf of yourself, your company or your organisation. You’ll give us the assets and information we tell you we need to complete the project. You’ll do this when we ask and provide it in the formats we ask for. 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 between us.

Us: 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 and on top of that we’ll maintain the confidentiality of everything you give us.

DESIGN

We create look-and-feel designs, and flexible layouts that adapt to the capabilities of many devices and screen sizes. We create designs iteratively and use predominantly HTML and CSS so we won’t waste time mocking up every template as a static visual. We may use visuals to indicate a creative direction (colour, texture and typography.) We call that ‘atmosphere.’

You’ll have plenty of opportunities to review our work and provide feedback. We’ll either share a Dropbox, Google Drive folder, Github repository or development site with you and we’ll have regular, possibly daily contact.

If, at any stage, you change your mind about what you want to be delivered and are not happy with the direction our work is taking you’ll pay us in full for the time we’ve spent working with you until that point and terminate this contract.

TEXT CONTENT

Unless agreed separately, we’re not responsible for creating text or images for your website or creating new pages on your website outside of the predefined scope. We can provide professional copywriting and editing services, so if you’d like us to create new content or input content for you, we can provide a separate estimate for that.

GRAPHICS & PHOTOGRAPHS

You should supply graphic files in an editable, vector digital format. You should 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 source premium/paid-for photographs for you, we can provide a separate estimate for that. We may use free stock photography that requires credits to their original authors if no other suitable alternatives can be sourced.

DESKTOP BROWSER TESTING

Browser testing no longer means attempting to make a website look the same in browsers of different capabilities or on devices with different size screens. It does mean ensuring that a person’s experience of a design should be appropriate to the capabilities of a browser or device.

We test our work in current versions of the following desktop browsers: Apple Safari, Google Chrome, Microsoft Edge and Mozilla Firefox. We’ll also test to ensure that people who use Microsoft Internet Explorer 11 for Windows get an appropriate experience. We won’t test in other older browsers unless we agreed separately. If you need an enhanced design for an older browser, we can provide a separate estimate for that.

MOBILE BROWSER TESTING

Testing using popular smaller screen devices is essential in ensuring that a person’s experience of a design is appropriate to the capabilities of the device they’re using. We test our designs in:

iOS 13 and above: Safari, Google Chrome
Android 8.0 and above: Google Chrome on Android Emulator

We won’t test in Blackberry, Opera Mini/Mobile, specific Android devices, Windows or other mobile browsers unless we agreed separately. If you need us to test using these, we can provide a separate estimate for that.

TECHNICAL SUPPORT

Your pay monthly website package includes web and email hosting, we resell this hosting from a trusted 3rd-party. While this approach allows us to offer a better service than we could ourselves for the price, it does mean that any technical issues relating to the hosting of your website can be outside of our control. We have a good level of uptime, you can see up-to-date statistics on our service status page (http://uptime.statuscake.com/?TestID=V34geltHEj). At the time of writing, this is 99.98% over the last 30 days.

We can not guarantee the availability of your website, emails or data. In the event of downtime, we will liaise with our hosting provider on your behalf to come to a solution as quick as possible. In the event of downtime or data loss, we will not be held liable. 

You will not be given administrative access to your web hosting including FTP, hosting control panel or SSH for the stability and security of your services. 

SEARCH ENGINE OPTIMISATION (SEO)

We don’t guarantee improvements to your website’s search engine ranking, but the web pages that we develop are accessible to search engines and ongoing work as outlined in your package specification will be performed in order to aid this process. Our primary focus will be on the Google search engine.

CHANGES & REVISIONS

Your pay monthly website will not be put live until both parties are satisfied that it meets the website build specification.  We will allow reasonable changes and revision requests during this process until the website is ‘signed-off’ and made publically accessible.

Once the site has been made publically accessible (live), further changes or revisions will have to be made in your allocated pay monthly improvements request time time or billed separately at the hourly rate of £20 per hour.

CONTENT MANAGEMENT SYSTEM

Your website will be built using the WordPress content management system unless otherwise stated. Using a content management system means that we can build your website in a way that you can update yourself.

You will be given editor access to your website, the use of the admin panel is entirely at your own risk and we can not be responsible for any data corruption, data loss or service unavailability caused by your usage.

We use the self-hosted version of WordPress that we download, develop on and host. You can find out more about WordPress here: https://wordpress.org/.

INTELLECTUAL PROPERTY RIGHTS

Just to be clear, “Intellectual property rights” means all patents, rights to inventions, copyright (including rights in software) and related rights, trademarks, service marks, get up and trade names, internet domain names, rights to goodwill or to sue for passing off, rights in designs, database rights, rights in confidential information (including know-how) and any other intellectual property rights, in each case whether registered or unregistered and including all applications (or rights to apply) for, and renewals or extensions of, such rights and all similar or equivalent rights or forms of protection which subsist or shall subsist now or in the future in any part of the world.

You guarantee that all elements of branding, text, images or other artwork you provide are either owned by your good selves, or that you’ve permission to use them. When you provide text, images or other artwork to us, you agree to protect us from any claim by a third party that we’re using their intellectual property.

PURCHASING YOUR WEBSITE

We will retain all applicable rights to the final arrangement of your website excluding content, intellectual property and resources that you have provided yourself, including during the course of the package and after cancellation. 

You may have the option of purchasing your website outright if you decide that you would like to retain a license to your websites final arrangement outside of the pay monthly platform.

The fee for purchasing your website will be as follows;

(Plan Monthly Cost × 24) – Total Money Paid To Date Excluding Domain Supplements

Provided you’ve paid the arranged fee this contract hasn’t previously been terminated, we’ll assign a license to the website to you as follows:

The final arrangement of the website will be provided to you as-is with no warranty or guarantee. 

We will transfer a license and source files to you for the final arrangement of the website excluding resources which are otherwise licensed. As part of your website, it’s highly likely that we will use prebuilt software, code, design elements and other resources with their own separate licenses. 

This includes but is not limited to;

  • WordPress content management system
  • WordPress plugins
  • WordPress themes
  • Fonts and typefaces
  • Iconography
  • Stock photography

In many cases, these are licensed in a way that we can transfer them to you as part of the project or get them relicensed for your usage, however, they will continue to be bound by their own respective licenses. As this will vary from website to website, a full list of licensed material will be provided as part of the transfer process. 

You may be required to pay respective 3rd-party authors to relicense some elements of your website and receive future updates from them. We cannot guarantee the future availability or functionality of 3rd-party resources.

We’ll give you source files and finished files and you should keep them somewhere safe as we’re not required to keep a copy. You own all intellectual property rights of text, images, site specification and data you provided, unless someone else owns them.

Your domain name will be unlocked and released, which allows you to transfer it to another domain provider. You will need to organize the transfer with another domain provider who will often charge a small fee (usually under £20) for this transfer. We can assist with this.

We’ll own any intellectual property rights we’ve developed prior to, or developed separately from this project and not paid for by you. We’ll own the unique combination of these elements that constitutes a complete design and we’ll license its use to you, exclusively and in perpetuity for this project only, unless we agree otherwise.

DISPLAYING OUR WORK

We love to show off our work, so we reserve the right to display all aspects of our creative work, including sketches, work-in-progress designs and the completed project on our portfolio and in articles on websites, in magazine articles and in books.

CANCELLATION

You may cancel your pay monthly website package at any time. There are no refunds for unused services. Unless you purchase the rights to your website (see: Purchasing your website), we retain all rights including copyright to your website project excluding resources that you have provided yourself.

You are entitled to your domain name after cancellation, we can unlock and ready this domain for transfer to another provider of your choice.

SUSPENSION

In cases where you have breached an agreement or exceeded your limits including but not limited to;

  • Late payments
  • Exceeding hosting resource limits
  • Breach of web hosting agreement
  • Unlawful activity

We reserve the right to suspend your pay monthly package at any time. Suspension involves temporarily taking the website and associated emails offline. During suspension your website and emails will be unavailable and will remain unavailable until the original matter is resolved. We don’t like doing this and we’ll do what we can to assist in resolving any issues in a timely and professional matter and ideally before suspension ever occurs.

We are not responsible for any losses or damages incurred as a result of suspension.

TERMINATION

We reserve the right to permanently cease to provide your services at any time. In cases where you have breached an agreement, which would include but are not limited to;

  • Late payments
  • Exceeding hosting resource limits
  • Breach of web hosting agreement
  • Unlawful activity

…we may decide that it is not appropriate to offer you the option of purchasing the rights to your website or refund any unused services.

In cases where we are no longer able to provide you a quality service through no fault of your own, which could include but not be limited to; 

  • Ceasing trading
  • Bankruptcy
  • Illness or injury
  • Time constraints
  • Your requirements outgrowing our platform

…we will endeavour to transfer all applicable rights to your website (see: Purchasing your website) to you free of charge and attempt to work with you to arrange set-up with another provider. 

We are not responsible for any losses or damages incurred as a result of termination.

PAYMENT SCHEDULE

You will agree to pay your deposit payment upon agreement of this project and before any work commences. We endeavor to get all pay monthly websites live within 2 weeks and will get a personalized holding ‘coming soon’ page up very first thing if a domain name is available. If we expect it will take longer than this, this will be discussed with you before signing up.

We’re sure you understand how important it is as a small business that you pay the invoices that we send you promptly. As we’re also sure you’ll want to stay friends, you agree to stick tight to our payment schedule.

The first monthly recurring payment will begin one month after your website has gone live and all payments are expected with 7 days of issue. Normally, we will set-up some kind of recurring billing such as direct debit to avoid any such problems.

For monthly invoices, we will bill on the same day of the month each month. For example, if your first payment is on the 15th January, your next payment will be due on the 15th February, and so on. In cases where this date would fall on a 29th, 30th or 31st, it will instead move to the 1st of the month.

We accept various methods of payment;

Payment MethodPayment Fee
Credit/Debit Card (via Stripe w/ AND CO invoicing platform)Nil
UK Faster Payments (Bank Transfer)Nil
Direct Debit (via GoCardless)Nil

We do not accept cash or cheque.

In cases where the transfer of money is not instant, the invoice will only be considered paid when all money has been fully delivered.

We reserve the right to increase your monthly payments in line with the ONS consumer price inflation. (https://www.ons.gov.uk/economy/inflationandpriceindices). This will happen no more than once per year and you will be notified at least 2 months in advance.

Goldcrest Pay Monthly Websites is not a VAT registered organisation, as such, no VAT or other taxes are applicable to your purchase.

LEGAL STUFF

We’ll carry out our work in accordance with good industry practice and at the standard expected from a suitably qualified person with relevant experience.

You agree that you are responsible for the contents and function of the website and that all concepts, content, functionality, marketing or any other related work and services abide by all relevant local and international laws.

We can’t guarantee that our work will be error-free and so our services and the work product are sold “as is.” In all circumstances, the maximum liability of Goldcrest Pay Monthly Websites, contractors or partners to you for damages for any and all causes whatsoever, and your maximum remedy, regardless of the form of action, whether in contract, tort or otherwise, shall be limited to the amount paid by you to us for goods and services and in any case will not exceed two-hundred pounds (£200.00 GBP). In no event shall we be liable for any lost data or content, lost profits, business interruption or for any indirect, incidental, special, consequential, exemplary or punitive damages arising out of or relating to the materials or the services provided by us, even if we have been advised of the possibility of such damages, and notwithstanding the failure of essential purpose of any limited remedy

Finally, 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.

Phew.

AGREEMENT

Just like a parking ticket, neither of us can transfer this contract to anyone else without the other’s permission.

We both agree that we’ll adhere to all relevant laws and regulations in relation to our activities under this contract and not cause the other to breach any relevant laws or regulations.

This agreement 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 English and Welsh courts.