Calico Web Terms And Conditions

The following terms and conditions apply to all website development / design services provided by Calico 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.
Cancellation post-acceptance of estimate
Cancellation post-acceptance of estimate Any Calico proposal for digital design, web design,
logo design, marketing or any ideas expressed within any Calico proposal are the property of
Calico. Any Calico proposal constitutes consideration for the purpose of this contract. By
accepting any Calico proposal or estimate, you are entering into a contract with Calico and
will be liable for a minimum of 25% of the maximum total value of the estimate regardless of
whether you cancel the order. In short, if you cancel the order after acceptance, you will still
be liable for 25% of the total value of the estimate.
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 Calico are defined in the project estimate that the
Client receives via e-mail. Estimates are valid for a period of 30 days. Calico reserves the right
to alter or decline to provide an estimate after expiry of the 30 days.
Unless agreed otherwise with the Client, all website design services require an advance
payment of a minimum of twenty five (25) percent of the project quotation total before the
kick-off meeting with the Client, regardless of whether this is conducted face to face or via a
webinar/online facilitator. A second charge of fifty (50) percent is required after the
development stage, with the remaining twenty five (25) percent of the project estimate total
due upon completion of the work, prior to upload to the server or release of materials.
Payment for services is due by cheque or bank transfer. Cheques should be made payable to
Calico and sent to Calico, 30-32 The Bell Centre, Newton Road, Crawley, West Sussex RH10
9FZ. Bank details will be made available on invoices.
In return, the Client agrees to delegate a single individual as a primary contact to aid Calico
with progressing the commission in a satisfactory and expedient manner.
During the project, Calico will require the Client to provide website content; text, images,
movies and sound files.

3. Failure to provide required website content

Calico wishes to remain efficient so we must ensure that work we have programmed is carried
out at the scheduled time. 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 15%. 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 14
days of project commencement, we reserve the right to close the project and 50% of the
entire balance remaining becomes payable immediately.
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. We will supply
templates for you to use if required.
Using our content management system you are able to keep your content up to date yourself.

4. Payment

Invoices will be provided by Calico 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.

5. Additional Expenses

Client agrees to reimburse Calico for any additional expenses necessary for the completion of
the work. Examples would be purchase of special fonts, stock photography etc. This does not
include travel or subsistence to visit the Client unless previously agreed between the Client and
Calico.

6. Web Browsers

Calico 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 9, Google Chrome, etc.). Client agrees that Calico cannot guarantee correct
functionality with all browser software across different operating systems.
Calico 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, Calico 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.

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

8. Termination

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
honored 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.

9. Indemnity

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

10. Copyright

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

11. 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 (Word files delivered on disc or via e-mail or FTP)
and that all images or graphics and or videos will be provided physically in high-quality
electronic formats in .gif, .jpeg, .png .tiff .movs .mp4 and .wmv. Although every reasonable
attempt shall be made by Calico 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.

12. Design Credit

A link to Calico 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 Calico’s
portfolio.

13. Access Requirements

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

14. Post-Placement Alterations

Calico 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.

15. Domain Names

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

16. 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.

17. Governing Law

This Agreement shall be governed by English Law.

18. Liability

Calico 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 Calico 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.

19. 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.