The following terms and conditions apply to all website development/design services or internet marketing activities provided by Pug Mug Marketing Limited 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 Pug Mug Marketing Limited are defined in the project quotation that the Client receives via e-mail. Quotations are valid for a period of 30 days. Pug Mug Marketing Ltd reserves the right to alter or decline to provide a quotation after expiry of the 30 days.
Unless agreed otherwise with the Client, all website design services require an advance payment of a minimum of fifty percent (50%) of the project quotation total before the work is supplied to the Client for review. With the remaining fifty percent (50%) percent of the project quotation total due upon completion of the work, prior to upload to the server or release of materials.
Payment for services is due bank transfer or payment through our payment provider linked in the invoice.
3. Client Review
Pug Mug Marketing Limited 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 Pug Mug Marketing Limited otherwise within ten (10) days of the date the materials are made available to the Client.
4. Turnaround Time and Content Control
Pug Mug Marketing Limited 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 Pug Mug Marketing Limited receiving initial payment, unless a delay is specifically requested by the Client and agreed by Pug Mug Marketing Limited.
In return, the Client agrees to delegate a single individual as a primary contact to aid Pug Mug Marketing Limited with progressing the commission in a satisfactory and expedient manner.
During the project, Pug Mug Marketing Limited will require the Client to provide website content; text, images, movies and sound files
5. Failure to provide required website content:
Pug Mug Marketing Limited is a small business, to remain efficient we must work out a schedule for projects. On occasions we may have to reject offers for other work and enquiries to ensure that your work is completed at the time arranged.
We therefore ask you to provide all information in advance. Failure to do so could delay your project sufficiently. If your project involves Search Engine Optimisation we require you to fill in our information sheet to the best of your ability so SEO can be planned and completed efficiently.
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 put, all the above condition says is do not give us the go ahead to start until you are ready to do so.
NOTE: Text content should be delivered as a Microsoft Word, email (or similar) document with the pages in the supplied document representing the content of the relevant pages on your website. These pages should have the same titles as the agreed website pages. Contact us if you need clarification on this.
Invoices will be provided by Pug Mug Marketing Limited upon completion but before publishing a live website. Invoices are due upon receipt.
Accounts that remain unpaid thirty (30) days after the date of the invoice or agreed terms will be assessed a service charge in the amount of the higher of (15%) of the total amount due or £30 + VAT fee. These charges will reoccur each month until the invoice is settled.
After 90 days of non-payment for an invoice, services will be suspended. If for example, we host your website then it will be taken offline and replaced by a holding page until all payment is sorted and a reinstatement fee of £100 + VAT shall be required.
7. Additional Expenses
Client agrees to reimburse Pug Mug Marketing Limited for any additional expenses necessary for the completion of the work. Examples would be the purchase of special fonts, stock photography etc.
Accounts unpaid thirty (30) days after the date of invoice will be considered in default. If the Client in default maintains any information or files on Pug Mug Marketing Limited’s Web space, Pug Mug Marketing Limited will, at its discretion, remove all such material from its web space. There will be a charge of £100 + VAT to reinstate any website. Pug Mug Marketing Limited 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 Pug Mug Marketing Limited reasonable expenses, including legal fees and costs for collection by third-party agencies, incurred by Pug Mug Marketing Limited in enforcing these Terms and Conditions.
Termination of services by the Client must be requested in a written notice and will be effective on receipt of such notice. E-mail or telephone requests for termination of services will not be honoured until and unless confirmed in writing. 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.
All Pug Mug Marketing Limited services may be used for lawful purposes only. You agree to indemnify and hold Wombat Creative Limited 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 Pug Mug Marketing Limited 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 Pug Mug Marketing Limited permission and rights for use of the same and agrees to indemnify and hold harmless Pug Mug Marketing Limited 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 Pug Mug Marketing Limited 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 (ASCII text files delivered on floppy disk or via e-mail or FTP) 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 Pug Mug Marketing Limited 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. Design Credit
A link to Pug Mug Marketing Limited will appear in either small type or by a small graphic at the bottom of the Client’s website. If a graphic is used, it will be designed to fit in with the overall site design. If a client requests that the design credit be removed, a nominal fee of 10% of the total development charges will be applied. When total development charges are less than £5000, a fixed fee of £500 will be applied. The Client also agrees that the website developed for the Client may be presented in Pug Mug Marketing Limited’s portfolio.
14. Access Requirements
If the Client’s website is to be installed on a third-party server, Pug Mug Marketing Limited must be granted temporary read/write access to the Client’s storage directories which must be accessible via FTP. Depending on the specific nature of the project, other resources might also need to be configured on the server.
15. Post-Placement Alterations
Pug Mug Marketing Limited 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.
16. Domain Names
Pug Mug Marketing Limited 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 Pug Mug Marketing Limited. The Client should keep a record of the due dates for payment to ensure that payment is received in good time.
These Terms and Conditions supersede all previous representations, understandings or agreements. The Client’s signature below or payment of an advance fee constitutes agreement to and acceptance of these Terms and Conditions. Payment online is an acceptance of our terms and conditions.
18. Social Media Management
Social Media Marketing and Management is defined as helping a client to promote their products or services through social media channels. Pug Mug Marketing will honour the components of your chosen social media package, providing an agreement to a minimum 3 months contract is served and monthly payments are received in advance. In the event that payment is not received on time, we regret that further work will be halted until this is rectified.
19. Governing Law
This Agreement shall be governed by English Law.
Pug Mug Marketing Limited hereby excludes itself, its Employees and or Agents from all and any liability from:
- Loss or damage caused by any inaccuracy;
- Loss or damage caused by omission;
- Loss or damage caused by delay or error, whether the result of negligence or other cause in the production of the web site;
- Loss or damage to clients’ artwork/photos, supplied for the site. Immaterial whether the loss or damage results from negligence or otherwise.
The entire liability of Pug Mug Marketing Limited to the Client in respect of any claim whatsoever or breach of this Agreement, whether or not arising out of negligence, shall be limited to the charges paid for the Services under this Agreement in respect of which the breach has arisen.
In the event any one or more of the provisions of this Agreement shall be held to be invalid, illegal or unenforceable, the remaining provisions of this Agreement shall be unimpaired and the Agreement shall not be void for this reason alone. Such invalid, illegal or unenforceable provision shall be replaced by a mutually acceptable valid, legal and enforceable provision, which comes closest to the intention of the parties underlying the invalid.