Terms & Conditions
By placing an order with Loxley Marketing Ltd, you confirm that you are in agreement with and bound by the terms and conditions below.
It is not necessary for ny 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 Loxley Marketing Ltd are pre-defined and agreed verbally or in writing with the Client via e- mail.
Payment for services are due by BACS, Direct Debit or Standing Order. Bank details will be made available on invoices.
A non-refundable deposit (40%) is required to guarantee the price quoted and for work to commence.
The remaining balance will be required in full once the website is complete and ready to go Live.
- Project Termination
A project can be terminated at any time during the offline design phase, i.e. prior to any online development. Once development work has commenced online, i.e.development of the website framework and structure, the customer is liable to pay the minimum term cost agreed.
Loxley Marketing Ltd reserves the right to terminate any project at any time.
- Client Review
Loxley Marketing Ltd will provide the Client with an opportunity to review the appearance and content of the website during throughout the Design Stage 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 Loxley Marketing Ltd otherwise within ten (10) days of the date the materials are made available to the Client.
We will be in constant contact throughout the project with regards to viewing latest builds.
- Turnaround Time and Content Control
Loxley Marketing Ltd will create and launch the Client’s website within the estimated timescale outlined in the project proposal.
In return, the Client agrees to delegate a single individual as a primary contact to aid Loxley Marketing Ltd with progressing the commission in a satisfactory and expedient manner.
During the project, Loxley Marketing Ltd will require the Client to provide all website content; text, images, movies and sound files.
Invoices will be provided by Loxley Marketing Ltd at the beginning (initial 40% deposit) and upon completion of the live website. Invoices are normally sent via email; however, the Client may choose to receive hard copy invoices.
Invoices are due upon receipt. Accounts that remain unpaid thirty (30) days after the date of the invoice will be assessed a service charge in the amount of the higher of one and one-half percent (1.5%) or £30 per month of the total amount due.
Invoices for hosting are to be paid within 14 days otherwise the website will be suspended. Payments later than 28 days will be subject to a £80 reconnection charge.
- Additional Expenses
Client agrees to reimburse Loxley Marketing Ltd for any additional expenses (that are not outlined in the quote provided) for the completion of the work.
- Web Browsers
Loxley Marketing Ltd 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, Internet Explorer 8 & 9, Google Chrome, etc.).
Client agrees that Loxley Marketing Ltd cannot guarantee correct functionality with all browser software across different operating systems. Loxley Marketing Ltd cannot accept responsibility for web pages which do not display acceptably in new versions of browsers released after the website have been designed and handed over to the Client.
As such, Loxley Marketing Ltd 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.
All Loxley Marketing Ltd services may be used for lawful purposes only. You agree to indemnify and hold Loxley Marketing Ltd 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 Loxley Marketing Ltd 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 Loxley Marketing Ltd permission and rights for use of the same and agrees to indemnify and hold harmless Loxley Marketing Ltd 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 Loxley Marketing Ltd that all such permissions and authorities have been obtained. Evidence of permissions and authorities may be requested.
Loxley Marketing Ltd is not accountable or responsible for the use of unlicensed copyrighted images.
- Design Credit
A link to Loxley Marketing Ltd 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. The Client also agrees that the website developed for the Client may be presented in Loxley Marketing Ltd’ portfolio.
- Access Requirements
If the Client’s website is to be installed on a third-party server, Loxley Marketing Ltd 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.
- Post-Placement Alterations
Loxley Marketing Ltd 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.
- Domain Names
Loxley Marketing Ltd may purchase domain names on behalf of the Client. Payment and renewal of those domain names is the responsibility of the Client unless approved and included in the package. The loss, cancellation or otherwise of the domain brought about by non or late payment is not the responsibility of Loxley Marketing Ltd.
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 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.
- Governing Law
This Agreement shall be governed by English Law.
Loxley Marketing Ltd accepts no liability for consequential losses or damages of any kind. Loxley Marketing Ltd 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 Loxley Marketing Ltd 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.
- Loss of Business
Loxley Marketing Ltd accepts no liability for any loss of business for any reason.
- Ongoing Maintenance & Support
Fixes for newly built websites need to be identified within a 14 day period from going live. If fixes are identified after this period and the client is not on a Maintenance & Support plan, then a quotation will be issued to commence such fixes.
Loxley Marketing Ltd cannot future proof its services or products. Once a client has signed off on a project the responsibility to maintain and update plugins and Themes used on the website becomes the client’s responsibility unless a maintenance agreement has been signed with Loxley Marketing Ltd which covers such incidents.
Although we will monitor the website for Malware/Viral attacks, maintenance does not mean “eyes on the website” all the time and issues on the website still need to be reported to Loxley Marketing Ltd.
Development faults with plugins, Software versions or themes used on a website built by Loxley Marketing Ltd are not covered by a maintenance agreement and will be quoted for separately as in most cases the original software developer will need to be involved.
Similarly, hosting and website faults remain the responsibility of the hosting provider and do not fall under any maintenance agreement.
Loxley Marketing Ltd and any third party associates shall use information provided by the Client in relation to this agreement in accordance with the Data Protection Act 1998 and also for the following purposes 1) to identify the Client in communications with them 2) to contact the Client from time to time to offer them services or products which may be of interest to or benefit the Client.
When Loxley Marketing Ltd is sent data directly to them, or it’s inputted into software, such as with email marketing, Loxley Marketing Ltd will use this information and trust that the Client has done all necessary checks their end. The Client understands that they are fully responsible for the data that they provide to Loxley Marketing Ltd and that it complies with GDPR. This is not the responsibility of Loxley Marketing Ltd to check or monitor.
Loxley Marketing Ltd reserves the right to refuse to handle:
- a) Any media which is unlawful or inappropriate.
- b) Any media which contains a virus or hostile program.
- c) Any media which constitutes harassment, racism, violence, obscenity, harmful intent, or spamming
- d) Any media which constitutes a criminal offence, infringes privacy or copyright.
- e) Any other questionable media at Loxley Marketing Ltd’s own discretion.