Dreamkatcha Web Design Agency Berkshire | Terms and Conditions
The following terms and conditions apply to all website development/design services provided by DREAMKATCHA to the Client.
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.t
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.
DREAMKATCHA will carry out work only where an agreement is provided either by email, telephone, or mail. DREAMKATCHA will carry out work only for clients who are 18 years of age or above. An ‘order’ is deemed to be a written or verbal contract between DREAMKATCHA and the client, this includes telephone and email agreements.
A 50% deposit of the total fee payable under our proposal is due immediately upon you instructing us to proceed with the design or development work. The remaining 50% shall become due when the work is completed to your reasonable satisfaction but subject to the terms of the “approval of work” and “rejected work” clauses. We reserve the right not to commence any work until the deposit has been paid in full.
The 50% deposit is only refundable if we have not fulfilled our obligations to deliver the work required under the agreement. The deposit is not refundable if the development work has been started and you terminate the contract through no fault of ours. We are pleased to offer you the opportunity to make revisions to the design. However, we have the right to limit the number of design proposals to a reasonable amount and may charge for additional designs if you make a change to the original design specification.
Our website development phase is flexible and allows certain variations to the original specification. However, any major deviation from the specification will be charged at the rate of £35.00 per hour.
Your hosting lease begins on the calendar month that your invoice was issued. From this date, your specific requirements are allocated to the server regardless if there is any content on it. This is necessary for us to gauge when to add more servers for future customers. Failure to pay your domain or hosting invoice on time will result in your account being suspended until all invoices are paid and a reinstatement fee of £100 is paid. Your account may take up to 2 weeks to propagate to live servers after this.
2.1 Approval of work
On completion of the work, you will be notified and have the opportunity to review it. You must notify us in writing of any unsatisfactory points within 7 days of such notification. Any of the work which has not been reported in writing to us as unsatisfactory within the 7-day review period will be deemed to have been approved. Once approved, or deemed approved, work cannot subsequently be rejected and the contract will be deemed to have been completed and the 50% balance of the project price will become due. Once a subject has been designed and completed the final balance of payment is then due in accordance with our payment terms. There are no exceptions to this, i.e If the client decides they no longer want the design, as they have commissioned the work and paid a deposit they are still obliged to pay for the work that has been done. Nonpayment will result in legal action being taken if necessary. By paying the final invoice you also confirm that the project is 100% complete to your original brief and you have fully tested all requirements. Any amendments or alterations beyond this point will be charged at extra cost.
2.2 Rejected Work
If you reject any of our work within the 7-day review period, or not approve subsequent work performed by us to remedy any points recorded as being unsatisfactory, and we, acting reasonably, consider that you have been unreasonable in any rejection of the work, we can elect to treat this contract as at an end and take measures to recover payment for the completed work. No conceptual work will be refunded (such as logo design) unless we have no carried out the work we have agreed in our initial meeting.
2.3 Access and Ownership
Your logo design will be delivered in JPEG, AI (if created in vector) PNG, and PDF in a size most relevant to the file type. PDF and AI are generally for printing and JPEG / PNG for web applications. You will have access to your website with the EDITOR role if applicable. If ADMINISTRATOR access is required you will need to request this and a review will take place.
If for some reason we are unable to agree on the future of the project, we will refund your deposit less the time spent on your initial designs. This will be charged at our base rate of £35 p/h. When an invoice is priced, it is done so assuming all work will be completed. For this reason, the studio time stated on the invoice will become irrelevant as the initial period is always much slower than the end of the project. For example: If you are quoted 100hrs and the project is cut short with only 50% of the project completed, this does not mean 50% of the total cost is refunded. The initial 10% of the project could have taken 50hrs to complete with the remaining 90% only taking the remaining 50hrs due to templates in place and repetitive design elements being used once honed. It may be the case that you could actually owe more than the deposit price if the project is cut short. In which case the hourly charge of £35 will be applied to work completed thus far.
3. Client Review
DREAMKATCHA 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 DREAMKATCHA otherwise within seven (7) days of the date the materials are made available to the Client.
4. Turnaround Time and Content Control
DREAMKATCHA will install and publicly post or supply the Client’s website by the date specified in the project proposal, or at the date agreed with Client upon DREAMKATCHA receiving initial payment, unless a delay is specifically requested by the Client and agreed by DREAMKATCHA.
In return, the Client agrees to delegate a single individual as a primary contact to aid DREAMKATCHA with progressing the commission in a satisfactory and expedient manner.
Before the project is underway, DREAMKATCHA will require the client to provide website content; text, images, movies, and sound files. These should all be finalized and spell checked. It is the client’s responsibility to check ALL work before signing off. DREAMKATCHA accepts no responsibility for any errors after the work has been sent to print or uploaded. This includes typographic and spelling, bleed, colour balance, and sizes.
5. Failure to provide the required project content:
DREAMKATCHA 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 inquiries 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 it within three weeks of the project commencing, 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. The deposit is not refundable should you decide not to continue the project for any reason. There will be a charge to reopen/unarchive your project should you wish to proceed at a later date.
NOTE: Text content should be delivered as an email document with the headings 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 wish for expedited service to complete your project on a certain date which is late due to no fault of our own, you may opt to pay our EXPRESS SERVICE. This is generally an additional 30% to your original TOTAL invoice. Please enquire further.
Invoices will be provided by DREAMKATCHA upon completion but before publishing the live website/sending high res files. 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 £45 per month of the total amount due.
If accounts are not settled or DREAMKATCHA have not been contacted regarding the delay, access to the related website may be denied and web pages removed/designs will be unusable by anyone other than DREAMKATCHA. 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 client’s credit rating.
Upon paying the final invoice you are confirming that all work has been carried out in full to original or modified specification. Any issues that arise after this date will be charged at extra cost to the buyer and DREAMKATCHA will not be held responsible for any oversights or errors that may arise after this time.
Following consistent nonpayment 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.
7. Additional Expenses
The client agrees to reimburse DREAMKATCHA for any additional expenses necessary for the completion of the work. Examples would be the purchase of special fonts, stock photography, travel, etc.
If you choose not to use Drelmkatcha’s servers to host your website you will be supplied with the files to upload to a server of your choosing. Should you require Dreamkatcha to upload these files for you there will be a surcharge of £19.99 and all details of your control panel for domain and hosting must be provided.
If you require a short turnaround for your project (less than 3 weeks for web and brochure design / less than 2 weeks for logo design, then a 25 % surcharge will be added to the total amount of your bill.
8. Web Browsers
Designing a website to fully work in multiple browsers (and browser versions) can require considerable, extra effort. It could also involve creating multiple versions of code/pages. DREAMKATCHA represents and warrants that the website we design for you will work in:
1. Google Chrome (Mac & PC Platforms)
2. Firefox (Mac & PC Platforms)
While DREAMKATCHA will make reasonable efforts to design a fully functional website compatible with the browsers set forth above, we cannot guarantee fully functional operations within any AOL Browser, any text-based, mobile or App-based and any other browsers.
DREAMKATCHA cannot accept responsibility for web pages that do not display acceptably in new versions of browsers released after the website has been designed and handed over to the Client. As such, DREAMKATCHA 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.
Basic Search Engine Optimization services are included in the development of the Website under this Agreement. No listing or ranking is promised or guaranteed under this Agreement. DREAMKATCHA does have partners that offer SEO related services. Please contact your DREAMKATCHA representative if you are interested in purchasing SEO services for your website. To keep costs down on standard web design packages, only basic SEO is completed unless discussed further
Upon completion of a website that has CMS capabilities, the maximum role of EDITOR will be awarded to the client. Administrator roles will remain with Dreamkatcha.
Accounts unpaid twenty-eight (28) days after the date of invoice will be considered in default. If the Client in default maintains any information or files on DREAMKATCHA’s Webspace, DREAMKATCHA will, at its discretion, remove all such material from its web space. DREAMKATCHA 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 £35 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 DREAMKATCHA reasonable expenses, including legal fees and costs for collection by third-party agencies, incurred by DREAMKATCHA in enforcing these Terms and Conditions.
10. Termination and transfers
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 honoured 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. Domains can be transferred to you with an admin fee of £35. Any website files and email accounts will incur further charges based on the size and complexity of the task.
All DREAMKATCHA services may be used for lawful purposes only. You agree to indemnify and hold DREAMKATCHA harmless from any claims resulting from your use of our service that damages you or any other party.
12. Copyright & Passing of Rights
The Client retains the copyright to data, files, and graphic logos provided by the Client, and grants DREAMKATCHA 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 DREAMKATCHA permission and rights for use of the same and agrees to indemnify and hold harmless DREAMKATCHA 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 DREAMKATCHA that all such permissions and authorities have been obtained. Evidence of permissions and authorities may be requested.
Once all amounts due to us from you are paid and cleared you are assigned the rights to use, as applicable, the products and services, including, the web site which includes the text, graphics, animation, audio components, and digital components contained within the finished web site, in accordance with these terms and conditions, the Project Agreement and any applicable agreement, terms or license but no rights of ownership are conveyed unless specifically stated in the Project Contract.
No such rights as described above will pass until all amounts due to us from you are paid. This means that we will have a lien over any service, products, data, or information. If you have not paid the invoice in full within 2 months from the date of the invoice you agree that you will forfeit your rights.
The rights to photographs, graphics, and any third party items such as source code and templates, always remain the property of their respective owners.
Unless you have our specific written agreement in the Project Contract, all products, including Content Management Systems, interfaces, navigational devices, menus, menu structures or arrangements, icons, help, all operational instructions, scripts, CGI applications, software, programming/source code, and all other components of any source or object computer code that comprises the Website, all literal and non-literal expressions of ideas that operate, cause, create, direct, manipulate, access, or otherwise affect the content and design elements used or developed and all software, and our products and results of our services remain our property and we retain full ownership rights and all intellectual property rights. You specifically agree not to do anything that may in any way infringe upon or undermine our rights, title, or interest in the Website or our products and services. This includes, but is not limited to, any sale, transfer, or gift of the whole or of any part of any item, data, or anything whatsoever that we own. You fully understand that we may reproduce, reuse, develop and use in any other way we choose, anything within our ownership
The website, graphics, and any programming code remain the property of DREAMKATCHA until all outstanding accounts are paid in full. All original, layered source files including FLA’s, PSD’s, and any templates remain the property of DREAMKATCHA unless the client wishes to pay a release fee that will be agreed at the time based on the subject matter.
DREAMKATCHA will on occasion use templates. if it is felt this is the best course of action for the particular project. This includes themes, logos, and artwork templates.
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 via e-mail) 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 DREAMKATCHA to return to the Client any images or printed material provided for use in the creation of the Client’s website, such return cannot be guaranteed.
14. Design Credit
A link to DREAMKATCHA 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. A client can request that the design credit be removed at any time.
15. Access Requirements
If the Client’s website is to be installed on a third-party server, DREAMKATCHA 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
DREAMKATCHA 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 & Hosting
DREAMKATCHA 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 DREAMKATCHA. The Client should keep a record of the due dates for payment to ensure that payment is received in good time.
Whilst DREAMKATCHA recommends hosting companies to host websites, no guarantees can be made as to the availability or interruption of this service by DREAMKATCHA 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.
When moving data to another server there is usually a “downtime” whilst the data is altered and ownership is transferred. This is unavoidable. DREAMKATCHA cannot accept liability for losses caused by the unavailability of the site or email during this period.
All accounts are set up on a pre-pay basis. We accept payments via Online Transfer and, PayPal. Setup fees are charged for all new accounts that are paid on a yearly basis and major account changes and are non-refundable. All pricing is guaranteed for the term of pre-payment. DREAMKATCHA reserves the right to change prices at any time. Payment is due each anniversary year or period following the date the account was established. If 10 days have passed and payment has not been posted, the account will be suspended until further notice and the client will incur any costs of re-activating the account. The customer is responsible for all money owed on the account from the time it was established to the time that the customer notifies DREAMKATCHA to request termination of services. There are no refunds issued for Hosting or domain registration.
A charge of £14.99 is set when a request to transfer a domain away from Dreamkatcha. This does not include any further admin time such as transferring email accounts and website files. These charges will be charged at an hourly rate.
Notwithstanding anything to the contrary contained in these terms, neither DREAMKATCHA nor any of its partners, subcontractors or agents, warrant that the functions contained in any Website produced under these terms will be or remain uninterrupted or error-free. The entire risk as to the quality and performance of any Website is with the Client. In no event will DREAMKATCHA be liable to the Client or any third party for any damages, loss of services including, but not limited to, hosting service providers, domain names, domain name registration services, eCommerce features including but not limited to: SSL certificate(s), Paypal™, payment gateway(s), merchant account(s), service interruptions caused by Acts of God, the Hosting Service, hacking, hack attacks or any other circumstances beyond our reasonable control, any lost profits, lost savings or other incidental, consequential, punitive, or special damages arising out of the operation of or inability to operate any Website, failure of any service provider, of any telecommunications carrier, of the internet backbone, of any internet servers, you or your site visitor’s computer or internet software, even if DREAMKATCHA has been advised of the possibility of such damages. Development of CMS (Content Management Systems) does not include free upgrades or updates to that software. The development will be completed with the current stable release of that software at the time of development of the client’s site.
19. Governing Law
This Agreement shall be governed by English Law.
DREAMKATCHA 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 project. Immaterial whether the loss or damage results from negligence or otherwise.
The entire liability of DREAMKATCHA 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.
DREAMKATCHA will not be liable for costs incurred, compensation, or loss of earnings due to the failure to meet agreed deadlines.
DREAMKATCHA 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.
DREAMKATCHA 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.
DREAMKATCHA 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.
If any provision of this Agreement is held invalid or unenforceable, the remainder of this Agreement shall remain in full force and effect. Where possible the invalid or unenforceable provision shall be interpreted in such manner as to be effective and valid under applicable law.
Headings and numbering used in this Agreement are for convenience and reference only and shall not affect the scope, meaning, intent, or interpretation of this Agreement, and shall not have any legal effect.
Complete Agreement: This Agreement is the entire understanding of the parties and supersedes all prior understandings and documents relating to the subject matter of this Agreement.
All clients must have up to date security if accessing their website. Dreamkatcha is not responsible or liable if your website suffers an attack due to insufficient security and/or up-to-date virus definitions on your device or any that have access to the admin area or Cpanel of the account. Unless you have requested dedicated or cloud servers, Dreamkatcha cannot guarantee that your website and email won’t be compromised on shared servers as this could result from another account outside of Dreamkatcha’s control.