Pink Spider Ltd.'s terms and conditions define any contract between Pink Spider and The Client.
The Client's approval for the start of development is signified by the payment of a deposit and invokes these terms and conditions immediately.
Definition of Terms
The following is the definition of a set of terms that are used throughout this Pink Spider Ltd's terms and conditions document.
Pink Spider: The company trading as Pink Spider Ltd, with the registered address as 36 Swanton Gardens, Wimbledon SW19 6BN and company registration number 9292202
The Client: The individual, business, company or organisation which enters into a contract with Pink Spider.
Development Start Date: The start of any project which is deemed to take place when Pink Spider receive payment of the deposit for the agreed work from The Client.
Website Launch Date: The date when an agreed and signed off website is launched on the internet.
Domain: The address of a website, eg, yourbusiness.co.uk which will be registered with a domain registrar.
Website: Collection of web pages, images and source code which creates an online presence.
Hosting Provider: Organisation or company on whose servers a Website is located.
Maintenance Minutes: The amount of time included in your package which can be used at the discretion of The Client to maintain website content.
- The Client sends a "Subscription Website Request" to Pink Spider.
- Pink Spider sends an invoice for the deposit (one month's subscription). If The Client has requested Pink Spider to purchase a domain name on their behalf, the cost will be added to this invoice. Any additional work that is requested such as but not exclusive to logo design, stock images etc will be payable prior to the Website Launch Date. Pink Spider will request that The Client sets up a monthly direct debit for the agreed subscription. This first amount must be debited exactly 1 month after the deposit was paid.
- The Client pays the deposit invoice creating a binding contract between Pink Spider and The Client which will last for a minimum of 12 monthly payments including the deposit.
- Pink Spider creates a login for The Client on pinkspider.co.uk so they can access the "Text for Websites" form that needs to be filled out with the information for their website (text, colour choices, font choices). Images for the website must be sent separately
- Pink Spider sends an email to The Client confirming that payment has been received and with the login details so The Client may send over their website information.
- On receipt of the "Text for Websites" form, Pink Spider will send an email with details of how to send their images.
- When the images have been received, Pink Spider will send email confirmation to The Client that all the website information has been received and the first draft of the website will be completed within 5 working days.
- Once the first draft of the website is complete, it will be uploaded to the domain chosen by The Client for approval. Any revision requests to the website must be submitted to Pink Spider in an email within 7 days.
- Minor revisions can be implemented and this will be done within 5 working days of receiving the request from The Client. However, significant revisions may incur additional charges and will be payable before the Website Launch Date.
- Once all revisions have been made and approved, the website will be put online.
- The login to pinkspider.co.uk that was created for The Client will be deleted upon completion of the website.
- Instructions will be sent to The Client on how to edit their website.Upon paying the deposit for a Subscription Website, The Client is agreeing to a minimum of 12 monthly payments.
- After the minimum of 12 monthly payments, the subscription will continue until notice is given to Pink Spider by The Client to discontinue the service.
- If the Subscription Website is no longer required by The Client, Pink Spider will require 1 month's notice in writing (via email or letter) informing us of this. If this occurs before 12 monthly payments have been made, the full balance of the amount remaining of the 12 month's subscription will be payable immediately.
- Subscription websites are not transferrable to any other server, host or developer. On termination of the contract, the website will be deleted from the server.
- If a monthly payment is missed, Pink Spider reserves the right to suspend hosting unless payment is made within 7 days. If monthly payments are late on a consistent basis Pink Spider reserves the right to cancel the contract and take the appropriate legal steps to recover the balance due on the contract.
Pink Spider agrees to add the website content that The Client sends via the "Text for Websites" form as well as images sent via the requested method. However, if Pink Spider deems the extent of the content to be above the quantity that can be reasonably expected to be added within the Subscription Website costs, Pink Spider may request an additional fee. The client will be informed of this prior to any work being carried out.
All images supplied must be formatted correctly for use on the internet. If The Client requires images to be re-formated for internet use, Pink Spider can do this for an additional fee.
- Before commencing any work, Pink Spider will send a quote with a summary of the work requested to The Client along with a proposed timescale.
- Once The Client approves this quote, an invoice for 20% of the full quoted amount will be sent to The Client. Payment of the deposit by The Client indicates that they have agreed the terms and conditions and agree for Pink Spider to commence work.
- Pink Spider will keep to the agreed timescales but if The Client does not send the required information for the website at the agreed times, the completion date may need to be amended.
Web Hosting and Email
All Pink Spider Client websites are hosted by a reputable British hosting provider using their shared server platforms. It is seldom that problems arise with the shared servers and Pink Spider will always communicate with the hosting company if this does happen in order to resolve any issue as quickly as possible.
Email services are provided by Pink Spider to The Client and can take responsibility for emails whilst on the mail server. Any configuration of third party client's software such as Outlook, Apple Mail and mobile device software is the responsibility of The Client. Pink Spider cannot take any responsibility for any changes that might take place to any software or to its configuration. Pink Spider cannot take any responsibility for any email data held on servers other than those which we host. Pink Spider are not able to provide any services to transfer data from servers which are not hosted by us.
- Pink Spider will only update information on The Client's explicit instruction. At all times, The Client will retain total responsibility for the content of the pages and images on their website. All content is specifically The Client's responsibility and is not the responsibility of Pink Spider.
- It is The Client's responsibility to obtain any required permissions and copyrights for the use of copy, images, logos, names and trademarks or any other material supplied.
- In agreeing to these standard Pink Spider terms and conditions, The Client accepts the legal responsibility of any claims or legal actions regarding the content of The Client site.
Pink Spider quotations are valid for a period of 28 days from the date of issue and Pink Spider are not bound to honour any expired quotations.
After The Website Launch Date
Search Engine Listings
- Pink Spider will design all webpages in order to maximise organic searches as well as register The Client website with search engines Bing and Google.
- Pink Spider cannot take responsibility for the activity of the search engines who are responsible for their own algorithms and activity.
Loss and Damage
Pink Spider cannot take responsibility or liability for any financial loss, other loss or damage caused by the misuse of the Content Management System software.
Pink Spider will take a back-up copy of your core website and the database on the Website Launch Date. However Pink Spider does not take responsibility for keeping subsequent back-up copies of The Client database. It is highly recommended that The Client takes a back-up on a regular basis to insure against loss of data and especially before updating any associated modules and after making any significant changes (ie adding content to the website). Additional back-up services are available from Pink Spider at an additional cost. Instructions on how to back up the database will be included in the Website Instructions that will be sent to The Client.
Pink Spider use modern technologies in the development of all websites. However, Pink Spider cannot take responsibility for failures of any part of a website where technological advances have made The Client website malfunction.
Industry, Body and Other Regulations
Pink Spider endeavours to ensure that its web coding complies with the appropriate industry, governing body or any other regulations.
Updates to The Client Website
From time to time, the Content Management System or its associated modules developers will release security updates as well as other updates. It is adviseable to update The Client website accordingly, and, in particular, it is strongly recommended that the security releases should be updated on The Client Website as soon as possible. The Client is notified by email and also by a notice that will appear on The Client Website (when logged in as an admin) if there are security updates available. It is The Client's responsibility to request Pink Spider to implement these updates if required. There is a minimal charge for this service of half an hour (charged at the current hourly rate).
CMS Module Updates: Instructions on how to do this will be included in your instructions and The Client can decide if they would like to implement these or request that Pink Spider implements the updates. It is generally a fairly straightforward process but there can be times when errors can occur. If an error does occur during the update process, The Client can request Pink Spider to remedy the issue. This will be charged at Pink Spider's hourly rate.
Core CMS Updates: This update is more complicated than the module update and as it requires certain files being replaced on the server is only implementable by Pink Spider. If The Client requests Pink Spider to make these updates, this will be charged at Pink Spider's hourly rate.
Amendments to The Client Website after Website Launch Date
All changes to your website after the Website Launch Date are chargeable at Pink Spider's hourly rate.
Website changes, amendments or updates that take less than 1 hour will be undertaken within 5 working days.
Website changes, amendments or updates that take between 1 and 4 hours will be undertaken within 7 working days.
Website changes, amendments or updates that take over 4 hours will be discussed and a time arranged between The Pink Spider and The Client
If The Client requires updates to their website, these will be chargeable by Pink Spider.
Minor changes to your website, defined as less than 1 hours work, will be carried out within 5 working days. Medium-sized changes to your website, defined as between 1 and 4 hours work, will be carried out within 6 working days. Major changes to your website, defined as more than 4 hours work, will be discussed by both parties and a timescale decided upon.
- Domain names registered on behalf of The Client by Pink Spider will be registered in the name of The Client using the details provided.
- The Client accepts responsibility for any claims that any domain name violates the intellectual property rights, copyright or trademark of a third party.
The Client is the legal owner of the website and as such retains the intellectual property right for any webpages, content and images.
Unless otherwise agreed, Pink Spider retain the copyright for any specifically written source code.
Pink Spider reserves the right to re-use source code and The Client may not copy, distribute or publish to any third parties without written consent from Pink Spider.
Credit on The Client Website
Pink Spider reserves the right to display a text and logo link to The Pink Spider website on The Client site in the footer of each page.
Payments and Fees
Pink Spider Hourly Rate
If additional work is required by The Client, this is charged at an hourly rate of £48 per hour (including VAT)
Timing of Payments
The Client is required to pay the total balance due in full, before the launch of the website. webpage, amendments or any other piece of work.
Domain Registration and Hosting Fees
Hosting Fees are included in the monthly fee.
Hosting Fees are charged yearly in advance and invoiced in January. Initially, you will be charged the hosting fees for the month you website is launched and the rest of that year. Then, you will be billed in January for the whole of the following year. Should you decide to move to another host, you will be re-imbursed accordingly.
Maintenance Time and Fees
Maintenance will be charged at £48 per hour (inclusive of VAT)
Loss of Data
Pink Spider can not be held responsible in any way for any loss of data whether it be email or website related.
Maintenance or Hosting Charge Increases
Pink Spider reserves the right to review any regular maintenance or hosting charges on an annual basis and reserves the right to increase them by up to 5% above the Bank of England base rate.
All quotations and charges will include VAT.
Termination of Contract
- Pink Spider reserves the right to terminate any contract with immediate effect if we believe that The Client website or any of its content contains illegal material.
- During development, The Client may cancel the contract at any point by giving 1 months notice in writing. The Client will remain liable for any work that has taken place including the 1 month notice period and Pink Spider will invoice accordingly.
Change of Terms and Conditions
Pink Spider terms and conditions are subject to change.