Terms & Conditions

Overview
JAYpeg Creative provides website design, development, email & application hosting and additional services. JAYpeg Creative reserves the right to suspend or cancel a client’s access to any or all services provided by JAYpeg Creative when JAYpeg Creative decides that the account has been inappropriately used or otherwise. Our business is continually evolving and as such we reserve the right to change our Terms and Conditions when necessary. It is your responsibility to ensure that you are up to date with all of our T&Cs. We will, however, notify you of any prominent changes we feel you need to be pro-actively made aware of.

Agreement
By signing up for and/ or otherwise accessing any of the services or products offered by JAYpeg Creative you agree to be bound by all the Terms and Conditions listed here. These Terms and Conditions supersede all earlier versions. To the extent that You are deemed to be a consumer as defined by the Unfair Contract Terms Act 1977 or the Unfair Terms in Consumer Contracts Regulations 1999 (UTCCR), these conditions will not affect your rights and will only apply to the extent that applicable law allows.

These Terms & Conditions and any information relating to the Service/Package purchased from JAYpeg Creative forms the Agreement between Us.

You acknowledge and accept that Your use of the Services must be in accordance with the Acceptable Use Policy.

Contract
By placing an order with JAYpeg Creative, you confirm that you are in agreement with and bound by our terms and conditions.

Once a payment or deposit is made, it is non-refundable. If a project is canceled or postponed, all monies paid are retained by JAYpeg Creative and if applicable, a fee for all work completed beyond what was already paid for shall be paid by the client.

Definitions:
The Client : The company or individual requesting the services of JAYpeg Creative.
JAYpeg Creative: Primary designer/site owner & employees or affiliates.

General
JAYpeg Creative will carry out work only where an agreement is provided either by email, telephone, mail or fax. An ‘order’ is deemed to be a written or verbal contract between JAYpeg Creative and the client, this includes telephone and email agreements. JAYpeg Creative will respectfully request a 50%, non refundable deposit at the time of booking, and the remaining balance to be paid in full once the website is completed.

Website Design
Whilst every endeavor will be made to ensure that the website and any scripts or programs are free of errors, JAYpeg Creative cannot accept responsibility for any losses incurred due to malfunction, the website or any part of it.
The website, graphics and any programming code remain the property of JAYpeg Creative until all outstanding accounts are paid in full.

Any scripts, applications, or software (unless specifically agreed) written by JAYpeg Creative remain the copyright of JAYpeg Creative and may only be commercially reproduced or resold with the permission of JAYpeg Creative. JAYpeg Creative cannot take responsibility for any copyright infringements caused by materials submitted by the client or used by the client in the future on their website. We reserve the right to refuse any material of a copyrighted nature unless adequate proof is given of permission to use such material.

Any coding additions to website briefs provided will be carried out at the discretion of JAYpeg Creative and may carry an additional cost. Where no charge is made by JAYpeg Creative for such additions, JAYpeg Creative accept no responsibility to ensure such additions are error free and reserve the right to charge an according amount for any correction to these or further additions.

The client agrees to make available as soon as is reasonably possible to JAYpeg Creative all materials required to complete the site to the agreed standard.

JAYpeg Creative will not be liable for costs incurred, compensation or loss of earnings due to the failure to meet agreed deadlines.

JAYpeg Creative will not be liable or become involved in any disputes between the site owner and their clients and cannot be held responsible for any wrongdoing on the part of a site owner. eg. Any disputes re content/images that have been provided to us for inclusion on the site.

JAYpeg Creative will not be liable for any costs incurred, compensation or loss of earnings due to the work carried out on behalf of the client or any of the clients appointed agents.

JAYpeg Creative will not be liable for any costs incurred, compensation or loss of earnings due to the unavailability of the site, its servers, software or any material provided by its agents. In no event shall JAYpeg Creative be liable for any direct, indirect, consequential, special and exemplary damages, or any damages whatsoever, stemming from the use or performance of a client website or from any information, products and services provided through client sites, even if this website has been advised of the possibility of such damages.

• In the absence of any negligence or other breach of duty by us, your use of our client websites is entirely at your own risk.
• If we are in breach of the arrangements under this agreement, we will not be responsible for any losses that you suffer as a result.
• We do not have any liability of any sort (including liability for negligence) for the acts or omissions of providers of telecommunication services or for faults in or failures of their networks and equipment.

Websites by JAYpeg Creative
All websites that are designed and created by us will have a small signature displayed to the bottom bar of the website; ‘Website by JAYpeg Creative‘. We have the right to display our signature on all of our work unless otherwise stated and a written agreement has been made. 

Images & Content
It is the responsibility of the client to provide their own content for the website unless otherwise stated. If no images/text can be provided during the building of the website, JAYpeg Creative will use generic content and images to give the client a basic idea of how the website will look. It is therefore the responsibility of the client to make sure any content/images used on their website to advertise their services are their own and that they abide by any copyright laws. JAYpeg Creative holds no responsibility for the content used on the website.

A non-refundable deposit of 50% is required with all of our projects before any design work will be carried out.
Once a website has been designed and completed the final balance of payment is then due. There are no exceptions to this, i.e If the client decides they no longer want the site, as they have commissioned the work and paid a deposit they are still obliged to pay for the work that has been done. Non payment will result in legal action being taken if necessary. Once full payment is received for a website, it is assumed that the project has been completed to the clients satisfaction and no refunds can be offered.

Database, Application and E-Commerce Development.
JAYpeg Creative cannot take responsibility for any losses incurred by the use of any software created for the client. Whilst every care has been taken to ensure products are problem free and accurate, the ultimate responsibility lies with the client in ensuring that all software is functioning correctly before use.

Any scripts, applications or software (unless specifically agreed) written by JAYpeg Creative remain the copyright of JAYpeg Creative and may only be commercially reproduced or resold with the permission of JAYpeg Creative.
Where applications or sites are developed on servers not recommended by JAYpeg Creative, the client is expected to provide or seek any information,additional software, support or co-operation pertaining to the server required in order for the application to be correctly developed. Where large applications are to be developed, it is the clients responsibility to provide a suitable testing environment which is identical to the final production environment.
The client is expected to test fully any application or programming relating to a site developed by JAYpeg Creative before being made generally available for use. Where “bugs”, errors or other issues are found after the site is live, JAYpeg Creative will endeavor (but is not obliged to) to correct these issues to meet the standards of function outlined in the brief.

Compatibility
JAYpeg Creative will endeavor to ensure that any developed/designed site or application will function correctly on the server it is initially installed in and that it will function correctly when viewed with the web browsing software Microsoft Internet Explorer and to an acceptable level with Mozilla browsers, such as Firefox. JAYpeg Creative can offer no guarantees of correct function with all browser software as they constantly change.

Website Hosting
Whilst JAYpeg Creative recommends hosting companies to host websites, no guarantees can be made as to the availability or interruption of this service by JAYpeg Creative cannot accept liability for losses caused by the unavailability, malfunction or interruption of this service, or for loss of turnover, sales, revenue, profits or indirect, consequential or special loss.

JAYpeg Creative reserve the right to refuse to handle in any way, material which may be deemed offensive, illegal or in any way controversial, and also to terminate any web hosting service we provide for clients should the necessity arise.

Website Optimisation
Due to external factors, such as changes to the way search engines rank websites, we cannot offer any guarantees regarding the position we will achieve for websites. The process of optimizing websites itself will bring in more traffic and hits and you’ll see visits increase to your site naturally. We cannot accept liability for any change in rankings, or drop off in the position of your website due to changes in the algorithms of the search engines or the factors that they use to rank websites.

We use ‘white hat techniques’ when optimizing websites and always aim to achieve a top ten ranking for your website within six months of undertaking the optimization process. Due to the work involved payment is generally required in advance and we are unable to offer a refund of any monies to clients in relation to this type of work.
JAYpeg Creative reserve the right to refuse to handle in any way, material which may be deemed offensive, illegal or in any way controversial.

Payment of Accounts
A deposit is required from any new client before any work is carried out unless agreed otherwise by us. It is the JAYpeg Creative policy that any outstanding accounts for work carried out by JAYpeg Creative or its affiliates are required to be paid in full, no later than 30 days from the date of the invoice unless by prior arrangement with JAYpeg Creative.

Once a deposit is paid and work completed you are obliged to pay the balance of payment in full. We will contact clients via email and telephone to remind them of such payments if they are not received when due.

If accounts are not settled or JAYpeg Creative have not been contacted regarding the delay, access to the related website may be denied and web pages removed, we will then pass such cases to the Small Claims Court to pursue payment, non payment can result in county court judgments (CCJ’s) being added to the clients credit rating.
Following consistent non payment of an invoice our Solicitors will contact the client in question, with a view to taking the matter further and if need be to seek payment through legal procedures, and if necessary court summons.

Complaints Procedure
Anyone who experiences a problem with their web service provided by JAYpeg Creative should raise the matter directly using our online contact form to do so, giving sufficient information to locate the material (such as an url) and clearly outlining the grounds for complaint.

JAYpeg Creative will approach the individual responsible for the material in question with a view to resolving the matter to the satisfaction of the complainant.

Formal complaints procedure
The formal complaints procedure should only be used where the complainant feels that the nature of the complaint is too serious to be dealt with informally, or where a satisfactory conclusion has not been reached after following the informal procedure.

A formal complaint should be made in writing to JAYpeg Creative, who will acknowledge receipt and ensure that the matter is looked into as soon as possible.

An initial response to any complaint can be expected within seven days of its receipt; a full and considered response to the complaint should be completed within 30 days and any subsequent remedy implemented with the minimum of delay.

Websites Sold By JAYpeg Creative
We require the agreed payment in full before any transfer of domain name, website files or services to the client. All websites sold by JAYpeg Creative include full transfer and setup support. JAYpeg Creative provide 30 days support with all sold websites and domains.

Domain names, website files and services are intangible items and will not be refunded.

 

– Updated July 2016