Terms & Conditions

In using this website you are deemed to have read and agreed to the following terms and conditions:

Terminology

The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and any or all Agreements:

“User”, “You” and “Your” refers to you, the person accessing this website and accepting the company’s terms and conditions.

“The company”, “Ourselves”, “We” and “Us”, refers to our company, F8 Creates Ltd.

“Party”, “Parties”, or “Us”, refers to both the user and ourselves, or either the user or ourselves.

All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the user in the most appropriate manner, whether by formal meetings of a fixed duration, or any other means, for the express purpose of meeting the user’s needs in respect of provision of the company’s stated services/products, in accordance with and subject to, prevailing English Law.

Any use of the above terminology or other words in the singular, plural, capitalisation and/or he/she or they, are taken as interchangeable and therefore as referring to same.

Privacy Statement

We are committed to protecting your privacy. Please read our detailed privacy policy also available on our website.

Confidentiality

User records are regarded as confidential and therefore will not be divulged to any unauthorised third party, unless if legally required to do so to the appropriate authorities.

Users have the right to request sight of, and copies of any and all user Records we keep with regards to themselves, on the proviso that we are given reasonable notice of such a request.

Users are requested to retain copies of any literature issued in relation to the provision of our services.

Where appropriate, we shall issue users with appropriate written information, handouts or copies of records as part of an agreed contract, for the benefit of both parties.

We will not sell, share, or rent your personal information stored on this website to any third party or use your e-mail address for unsolicited mail. Any emails sent by this company will only be in connection with the provision of agreed services and products.

Disclaimer, Exclusions and Limitations

The information on this website is provided on an “as is” basis. To the fullest extent permitted by law, this company:

  • Excludes all representations and warranties relating to this website and its contents or which is or may be provided by any affiliates or any other third party, including in relation to any inaccuracies or omissions in this website and/or the company’s literature; and
  • Excludes all liability for damages arising out of or in connection with your use of this website. This includes, without limitation, direct loss, loss of business or profits (whether or not the loss of such profits was foreseeable, arose in the normal course of things or you have advised this company of the possibility of such potential loss), damage caused to your computer, computer software, systems and programs and the data thereon or any other direct or indirect, consequential and incidental damages.

This company does not however exclude liability for death or personal injury caused by its negligence. The above exclusions and limitations apply only to the extent permitted by law. None of your statutory rights as a consumer are affected.

Availability

Unless otherwise stated, the services featured on this website are only available within The United Kingdom (Great Britain and Northern Ireland), or in relation to postings from the United Kingdom.

All advertising is intended solely for the United Kingdom market.

You are solely responsible for evaluating the fitness for a particular purpose of any downloads, programs and text available through this site.

Redistribution or republication of any part of this site or its content is prohibited, including such by framing or other similar or any other means, without the express written consent of the company.

The company does not warrant that the service from this site will be uninterrupted, timely or error free, although it is provided to the best ability.

By using this service you thereby indemnify this company, its employees, agents and affiliates against any loss or damage, in whatever manner, howsoever caused.

Log Files

We use IP addresses to analyse trends, administer the site, track user’s movement, and gather broad demographic information for aggregate use.

IP addresses are not linked to personally identifiable information.

Additionally, for systems administration, detecting usage patterns and troubleshooting purposes, our web servers automatically log standard access information including browser type, access times/open mail, URL requested, and referral URL.

This information is not shared with third parties and is used only within this company on a need-to-know basis.

Any individually identifiable information related to this data will never be used in any way different to that stated above without your explicit permission.

Cookies

Like most interactive web sites this company website uses cookies to enable us to retrieve user details for each visit.

Cookies are used in some areas of our site to enable the functionality of this area and ease of use for those people visiting.

Links to this website

If you create a link to a page of this website you do so at your own risk and the exclusions and limitations set out above will apply to your use of this website by linking to it.

Links from this website

We do not monitor or review the content of other party’s websites which are linked to from this website.

Opinions expressed or material appearing on such websites are not necessarily shared or endorsed by us and should not be regarded as the publisher of such opinions or material.

Please be aware that we are not responsible for the privacy practices, or content, of these sites.

We encourage our users to be aware when they leave our site & to read the privacy statements of these sites.

You should evaluate the security and trustworthiness of any other site connected to this site or accessed through this site yourself, before disclosing any personal information to them.

This company will not accept any responsibility for any loss or damage in whatever manner, howsoever caused, resulting from your disclosure to third parties of personal information.

Copyright Notice

Copyright and other relevant intellectual property rights exist on all text relating to the company’s services and the full content of this website.

Force Majeure

Neither party shall be liable to the other for any failure to perform any obligation under any Agreement which is due to an event beyond the control of such party including but not limited to any Act of God, terrorism, war, Political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or man made eventuality outside of our control, which causes the termination of an agreement or contract entered into, nor which could have been reasonably foreseen.

Any Party affected by such event shall forthwith inform the other Party of the same and shall use all reasonable endeavours to comply with the terms and conditions of any agreement contained herein.

Waiver

Failure of either Party to insist upon strict performance of any provision of this or any Agreement or the failure of either Party to exercise any right or remedy to which it, he or they are entitled hereunder shall not constitute a waiver thereof and shall not cause a diminution of the obligations under this or any agreement.

No waiver of any of the provisions of this or any agreement shall be effective unless it is expressly stated to be such and signed by both Parties.

General

The laws of England and Wales govern these terms and conditions.

By accessing this website you consent to these terms and conditions and to the exclusive jurisdiction of the English courts in all disputes arising out of such access.

If any of these terms are deemed invalid or unenforceable for any reason (including, but not limited to the exclusions and limitations set out above), then the invalid or unenforceable provision will be severed from these terms and the remaining terms will continue to apply.

Failure of the company to enforce any of the provisions set out in these Terms and Conditions and any agreement, or failure to exercise any option to terminate, shall not be construed as waiver of such provisions and shall not affect the validity of these terms and conditions or of any agreement or any part thereof, or the right thereafter to enforce each and every provision.

These Terms and Conditions shall not be amended, modified, varied or supplemented except in writing and signed by duly authorised representatives of the company.

Notification of Changes

The company reserves the right to change these conditions from time to time as it sees fit and your continued use of the site will signify your acceptance of any adjustment to these terms.

If there are any changes to our privacy policy, we will announce that these changes have been made on our home page and on other key pages on our site.

If there are any changes in how we use our site users’ Personally Identifiable Information, notification by e-mail or postal mail will be made to those affected by this change.

Any changes to our privacy policy will be posted on our web site – you are therefore advised to re-read this statement on a regular basis

These terms and conditions form part of the agreement between the user and ourselves. Your accessing of this website and/or undertaking of a booking or agreement indicates your understanding, agreement to and acceptance, of the Disclaimer Notice and the full Terms and Conditions contained herein. Your statutory Consumer Rights are unaffected.

Our Services

The following terms and conditions apply to all design, website, photography and video services provided by F8 Creates Ltd to the Client.

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 F8 Creates Ltd are defined in the project quotation that the Client receives via e-mail. Quotations are valid for a period of 30 days. F8 Creates Ltd reserves the right to alter or decline to provide a quotation after expiry of the 30 days.

Charges will be invoiced in accordance with a project payment schedule, defined and agreed upon before any services are provided.
Payment for services is due by the due date included on the invoice.  The client must ensure that they allow for sufficient time for payment to process before the payment due date included on the invoice.

3. Client Review

F8 Creates Ltd 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 F8 Creates Ltd otherwise within ten (10) days of the date the materials are made available to the Client.

4. Turnaround Time and Content Control

F8 Creates Ltd 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 F8 Creates Ltd receiving initial payment, unless a delay is specifically requested by the Client and agreed by F8 Creates Ltd.

In return, the Client agrees to delegate a single individual as a primary contact to aid F8 Creates Ltd with progressing the commission in a satisfactory and expedient manner.

During the project, F8 Creates Ltd will require the Client to provide website content; text, images, movies and sound files

5. Failure to provide required website content:

F8 Creates Ltd 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 in advance. 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 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 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.

Using our content management system you are able to keep your content up to date yourself.

6. Payment

Invoices will be provided by F8 Creates Ltd upon completion but before publishing 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.

7. Additional Expenses

Client agrees to reimburse F8 Creates Ltd for any additional expenses necessary for the completion of the work. Examples would be purchase of special fonts, stock photography etc.

8. Web Browsers

F8 Creates 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 F8 Creates Ltd cannot guarantee correct functionality with all browser software across different operating systems.

F8 Creates 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, F8 Creates 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.

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 F8 Creates Ltd’s Web space, F8 Creates Ltd will, at its discretion, remove all such material from its web space. F8 Creates Ltd 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 F8 Creates Ltd reasonable expenses, including legal fees and costs for collection by third-party agencies, incurred by F8 Creates Ltd in enforcing these Terms and Conditions.

10. Cancellation

In accordance with the cancellation of service, the Client may cancel the services outlined in the agreed project proposal within 7 calendar days of agreement to carry out the services outlined in the project proposal (or within whatever extended period F8 Creates Ltd may specify in the Proposal) and shall be entitled to a full refund of any monies paid for work not completed less an amount representing any reasonable administration costs which F8 Creates Ltd has incurred. Any cancellation outside this period will not entitle the Client to a refund of any monies paid.

11. Indemnity

All F8 Creates Ltd services may be used for lawful purposes only. You agree to indemnify and hold F8 Creates Ltd 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 F8 Creates 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 F8 Creates Ltd permission and rights for use of the same and agrees to indemnify and hold harmless F8 Creates 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 F8 Creates Ltd 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 (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 F8 Creates Ltd 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. Access Requirements

If the Client’s website is to be installed on a third-party server, F8 Creates 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.

15. Post-Placement Alterations

F8 Creates 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.

16. Domain Names

F8 Creates Ltd 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 F8 Creates Ltd. The Client should keep a record of the due dates for payment to ensure that payment is received in good time.

17. General

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. Governing Law

This Agreement shall be governed by English Law.

19. Liability

F8 Creates 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 F8 Creates 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.

20. 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.

By using this website you agree to accept our Privacy Policy and Terms & Conditions

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