The Client: The company or individual using the services of Thurtell Designs Ltd.
Thurtell Designs Ltd: Primary designer/site owner & employees or affiliates.
Thurtell Designs Ltd will carry out work only where an agreement is provided either by email or telephone. Thurtell Designs Ltd will carry out work only for clients who are 18 years of age or above. An 'order' is deemed to be a written or verbal contract between Thurtell Designs Ltd and The Client; this includes telephone, email and verbal agreements.
These terms and conditions apply to the creation by Thurtell Designs Ltd of any website and associated hosting and maintenance services or creation of branding, print, photography, or any other solutions for The Client.
The Client’s approval for work to commence shall be deemed a contractual agreement between The Client and Thurtell Designs Ltd.
Important: Approval for the work to commence and payment of the deposit indicates that The Client accepts the terms and conditions outlined in this document.
The price quoted to The Client is for the work agreed on the quotation only. Should The Client decide that changes are required after work commences, then Thurtell Designs Ltd will accept these changes with the provision that additional charges may apply.
Whilst every endeavour will be made to ensure that the website and any scripts or programmes are free from errors, Thurtell Designs Ltd cannot accept responsibility for any losses incurred due to malfunction, the website or any part of it.
Any scripts, applications, PHP scripts, or software written by Thurtell Designs Ltd remain the copyright of Thurtell Designs Ltd and may only be commercially reproduced or resold with the permission of Thurtell Designs Ltd.
The domain names, website, graphics and any programming code remain the property of Thurtell Designs Ltd until all outstanding accounts are paid in full.
Thurtell Designs Ltd cannot take responsibility for any copyright infringements caused by materials submitted by The Client or used by The Client in the future on their website.
Thurtell Designs Ltd will not be liable or become involved in any disputes between the site owner and their clients and cannot be held responsible for any wrongdoing on the part of The Client.
Thurtell Designs Ltd will not be liable for any costs incurred, compensation or loss of earnings due to the work carried out on behalf of The Client or any of the clients’ customers.
Thurtell Designs Ltd will not be liable for any costs incurred, compensation or loss of earnings due to the unavailability of the site, its servers or software.
In no event shall Thurtell Designs Ltd be liable for any direct, indirect, consequential, special and exemplary damages, or any damages whatsoever, stemming from the use or performance of The Client’s website or from any information, products and services provided through The Client’s site.
Thurtell Designs Ltd cannot take responsibility for any losses incurred by the use of any web application created for The Client. Whilst every care has been taken to ensure products are problem free and accurate, the ultimate responsibility lies with The Client in ensuring that all web applications are functioning correctly before use.
The Client is expected to test fully any application or programming relating to a site developed by Thurtell Designs Ltd before being made generally available for use.
Where 'bugs', errors or other issues are found after the site is live, Thurtell Designs Ltd will correct these issues to meet the standards of function outlined in the brief.
Thurtell Designs Ltd will endeavour to ensure that any developed/designed site or application will function correctly on the server it is initially installed in and that it will function correctly when viewed with the web browsing software Microsoft Internet Explorer and to an acceptable level with Mozilla browsers, such as Firefox. Thurtell Designs Ltd can offer no guarantees of correct function with all browser software as they constantly change.
Due to external factors, such as changes to the way search engines rank websites, Thurtell Designs Ltd cannot offer any guarantees regarding the position/ranking of the website. There are many factors that have an impact on a website’s performance and visits/hits should increase naturally over time. Thurtell Designs Ltd cannot accept liability for any change in rankings, or drop off in the position of a Client’s website due to changes in the algorithms of the search engines or the factors that they use to rank websites.
Thurtell Designs Ltd applies the same Search Engine Optimisation techniques to all the websites they build and cannot promise to achieve specific page rankings. So many factors determine how a website performs and Thurtell Designs Ltd makes no guarantees or promises about performance/page rankings and hits a website will receive. Thurtell Designs Ltd is not responsible for The Client’s on-going website promotion and is unable to make any guarantees about the success of any search engine promotion activity.
A link to Thurtell Designs Ltd will appear at the bottom of The Client’s website. Thurtell Designs Ltd will submit The Client’s website to several of the major search engines as part of the design commission. If The Client wishes Thurtell Designs Ltd to promote a website as a separate commission, Thurtell Designs Ltd will make every reasonable effort to promote the website effectively but cannot guarantee high placing in search engine results.
Errors with coding or ‘bugs’ that are the responsibility of Thurtell Designs Ltd will be carried out free of charge and will be prioritised in order of severity and fixed at no extra cost to The Client. Thurtell Designs Ltd will provide a quotation and a timescale for any additional work that The Client may require. These amendments to the design/wording/functionality will be charged at an hourly rate.
The Client’s participation, correspondence or business dealings with any third party found on or through this site, regarding the payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between The Client and such third party. Thurtell Designs Ltd shall not be responsible or liable for any loss, damage or other matters of any sort incurred as the result of any such dealings.
Thurtell Designs Ltd will not be liable or become involved in any disputes between The Client and any other party and cannot be held responsible for any unlawful behaviour or other wrongdoing by The Client or their clients.
Thurtell Designs Ltd designs websites in accordance with The Client’s specifications. It is The Client’s responsibility to ensure that the website and its content comply with standing regulations. Thurtell Designs Ltd cannot accept responsibility for any failure to comply with regulations related to accessibility, selling online or those related to a specific business or trade. In any business where complex compliance issues exist, Thurtell Designs Ltd recommends that The Client takes legal advice from their company solicitor.
Whilst Thurtell Designs Ltd recommends hosting companies to host websites, no guarantees can be made as to the availability or interruption of this service. Thurtell Designs Ltd cannot accept liability for losses caused by the unavailability, malfunction or interruption of this service, or for loss of turnover, sales, revenue, profits or indirect, consequential or special loss.
All hosting accounts with Thurtell Designs Ltd run for 12 months at a time, and are automatically renewed when the hosting period expires and customers are invoiced accordingly. If The Client does not wish to renew their hosting account with Thurtell Designs Ltd, The Client must inform Thurtell Designs Ltd by email or post no later than 14 days before the hosting period expires. It is up to The Client to keep a note of renewal dates for their accounts.
All Hosting Accounts with Thurtell Designs Ltd are payable annually in advance.
Thurtell Designs Ltd do not share or sell any clients' details with third party companies and will only contact The Client about work related matters should these arise.
Approval for the work to commence and payment of the deposit indicates that the client accepts the terms and conditions outlined in this document.
Should The Client wish to cancel at any point during the process they shall remain liable for the work that has taken place and shall be invoiced accordingly. Once a website has been designed and completed the final balance of payment is then due in accordance with our payment terms. There are no exceptions to this, i.e. if The Client decides they no longer want the site; as they have commissioned the work and paid a deposit they are still obliged to pay for the work that has been done. Non-payment will result in legal action being taken if necessary.
A deposit is required from The Client before any work is carried out. It is the policy of Thurtell Designs Ltd that any outstanding accounts for work are required to be paid in full, no later than 14 days from the date of the invoice unless by prior arrangement with Thurtell Designs Ltd.
Once a deposit is paid and work completed The Client is obliged to pay the balance in full. Thurtell Designs Ltd will contact clients via email and telephone to remind them of such payments if they are not received when due.
If accounts are not settled or Thurtell Designs Ltd has not been contacted regarding the delay, access to the related website may be denied and web pages removed. Thurtell Designs Ltd will then seek reimbursement via the Small Claims Court to pursue payment and non-payment can result in County Court Judgements (CCJs) being added to The Client's credit rating.
By agreeing to these terms and conditions your statutory rights are not affected. Thurtell Designs Ltd reserves the right to change or modify any of these terms and conditions at any time. Should clarification of any of the above be required please contact Thurtell Designs Ltd.