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Terms & Conditions

Terms & Conditions

The following terms and conditions apply to all website development / design services / copywriting services, provided by MKS Creative to the Client.

Last updated: 24th June 2020

1. Acceptance

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.

2. Charges

Charges for services to be provided by MKS Creative are defined in the project quotation that the Client receives via e-mail and/or in writing. Quotations are valid for a period of 60 days. MKS Creative reserves the right to alter or decline to provide a quotation after expiry of the 60 days.

Unless agreed otherwise with the Client, all website design services require an advance payment of a minimum of ten (10) percent of the project quotation total before the work is supplied to the Client for review with the remaining ninety (90) percent of the project quotation total due upon completion of the work, or after 30 days from the intial payment, whichever is sooner, prior to upload to the server or release of materials.

Payment for services is due by cash, cheque or bank transfer. Cheques should be made payable to MKS Creative and sent to 56 Wain Avenue, Riverside, Chesterfield, Derbyshire S41 0FB. Bank details will be made available on invoices.

3. Client Review

MKS Creative 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 MKS Creative otherwise within five (5) days of the date the materials are made available to the Client.

4. Turnaround Time and Content Control

MKS Creative 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 MKS Creative receiving initial payment, unless a delay is specifically requested by the Client and agreed by MKS Creative.

In return, the Client agrees to delegate a single individual as a primary contact to aid MKS Creative with progressing the commission in a satisfactory and expedient manner.

During the project, MKS Creative will require the Client to provide website content; text, images, movies and sound files etc. to populate the website.

5. Failure to provide required website content:

MKS Creative is a small business, to remain efficient we must ensure that work we have programmed is carried out at the scheduled time. On occasions we may have to reject offers for other work and enquiries to ensure that your work is completed at the time arranged.

This is why we ask that you provide all the required information at least one (1) week prior to the agreed completion date. On any occasion where progress cannot be made with your website because we have not been given the required information in the agreed time frame, and we are delayed as result, we reserve the right to impose a surcharge of up to 25%. If your project involves Search Engine Optimisation we need the text content for your site agreed in advance so that the SEO can be planned and completed efficiently.
If you agree to provide us with the required information and subsequently fail to do so before the agreed time, one (1) week prior to the project completion date 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.

Failure to provide site content as agreed will attract an email offering the following options:

– You can provide all the missing content and any instructions within 48 hours, and we’ll be happy to complete the job and invoice you accordingly

– We can put the job on hold and pick up with the work when you’re ready. We’ll simply invoice you for the work to date

– The job can be completely closed down. Meaning you would be free to add the missing pieces yourself and, as before, we will just invoice you for the work to date.

MKS Creative agree to make periodical updates to any sites commissioned and hosted by MKS Creative. This is subject to a fair usage clause. MKS Creative reserve the right to refuse to update websites if such requests exceed 3 hours of development time per site per annum.

NOTE: Text content should be delivered as a Microsoft Word, pdf file, 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.

If you are commissioning a CMS website you will be provided with a content management system so that you are able to keep your content up to date yourself.

6. Payment

Invoices will be provided by MKS Creative upon completion of the website. Invoices are normally sent via email. Invoices are due for payment within (30) days after the date of the invoice. Invoices which go unpaid after that period of time will be assessed a service charge in the amount of the higher of twenty percent (20%) or £30 per month of the total amount due, whichever is greater.

7. Additional Expenses

Client agrees to reimburse MKS Creative for any additional expenses necessary for the completion of the work. Examples would be purchase of special fonts, stock photography, plugins etc. This payment will be required prior to the purchase of the additional required materials.

8. Web Browsers

MKS Creative 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, Microsoft Edge, Google Chrome, etc.). The client agrees that MKS Creative cannot guarantee correct functionality with all browser software across different operating systems.
MKS Creative cannot accept responsibility for web pages which do not display acceptably in obselete version or new versions of browsers released after the website have been designed and handed over to the Client. As such, MKS Creative reserves the right to quote for any work involved in changing the website design or website code for it to work with updated browser software.

9. Default

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 MKS Creative’s hosting, MKS Creative will, at its discretion, remove all such material from its web space.

MKS Creative 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. Cheques returned for insufficient funds will be assessed a return charge of £25 and the Client’s account will immediately be considered to be in default until full payment is received.

Clients with accounts in default agree to pay MKS Creative reasonable expenses, including legal fees and costs for collection by third-party agencies, incurred by MKS Creative in enforcing these terms and conditions.

10. Termination

Termination of services by the Client must be requested in a written notice or email and will be effective on receipt of such notice. Telephone requests for termination of services will not be honoured until and unless confirmed in writing or email. The Client will be invoiced for work completed to the date of first notice of cancellation for payment in full within thirty (30) days.

11. Indemnity

All MKS Creative services may be used for lawful purposes only. You agree to indemnify and hold MKS Creative harmless from any claims resulting from your use of our service that damages you or any other party.

12. Copyright

The Client retains the copyright to data, files and graphic logos provided by the Client, and grants MKS Creative 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 MKS Creative permission and rights for use of the same and agrees to indemnify and hold harmless MKS Creative 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 MKS Creative that all such permissions and authorities have been obtained. Evidence of permissions and authorities may be requested.

13. 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 (text files delivered on USB drive or via e-mail or FTP) and that all photographs and other graphics will be provided in .gif, .jpeg, .png or .tiff format.

Although every reasonable attempt shall be made by MKS Creative 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.

14. Design Credit

A link to MKS Creative may appear in either small type or by a small graphic at the bottom of the Client’s website. The Client also agrees that the website developed for the Client may be presented in MKS Creative’s portfolio.

15. Access Requirements

If the Client’s website is to be installed on a third-party server, MKS Creative 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.

16. Post-Placement Alterations

MKS Creative 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.

17. Domain Names

MKS Creative can 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 by the client is not the responsibility of MKS Creative. The Client should keep a record of the due dates for payment to ensure that payment is received in good time.

18. General

These terms and conditions supersede all previous representations, understandings or agreements. The Client’s acceptance via email, text 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.

19. Governing Law

This Agreement shall be governed by English Law.

20. Liability

• MKS Creative 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 MKS Creative 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.

21. Severability

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 clause.

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