These terms and conditions (“Agreement”) apply to the services provided by High Oaks Media Ltd (“Developer”) to the client (“Client”) for the development of a (“Website”)
1. Scope of Work
The Developer agrees to provide the following services to the Client:
Develop and design the Website in accordance with the order form signed by the client.
Provide regular updates on the Website’s progress and seek Client’s approval before proceeding to the next phase of the development process.
Provide technical support and maintenance for the Website for the remining term of the contract once it has gone live up until the renewal date which is 12 months from point of sale.
2. Fees and Payments
All invoices are to be paid on the invoice date unless otherwise stated.
Initial payments/deposits on all services (e.g. website design, logo design, etc) are non-refundable.
If you have opted to pay annually, your annual subscription is due on the anniversary of your sign up date. The first annual payment is due when you sign up unless agreed otherwise.
If you have opted to pay monthly, a direct debit will be set up for the 1st of every month unless an alternate date is agreed.
Should a payment, such as a website or monthly subscription payment, become overdue (e.g. over 20 days) and we have tried to contact you more than three times regarding this overdue payment, we reserve the right to take down the website and any other affiliated services until outstanding payments have been received in full. Any deposit payments will be forfeited.
3. General Terms
All material provided to us during the production of your site will not be returned or retained unless otherwise requested.
Domain names specified when signing up are not confirmed until your deposit has been paid. The specified domain name will be owned by High Oaks Media until the client completes the final payment / invoice for the website and domain name.
The copyright and observation of other third party copyrighted material is the responsibility of the contracted client and not that of High Oaks Media (e.g. images provided for websites, logos, etc).
We reserve the right to use all designs produced during the production process in our portfolio of work unless clearly stated otherwise by the client.
4. Domain Names
If a client wishes to transfer their domain name away from High Oaks Media Ltd, this can be done free of charge to a new hosting provider. Domain transfers will only be carried out after any outstanding monies are paid in full.
If a domain name is not transferred to High Oaks Media Ltd, we take no responsibility when a domain name is in need of renewal and you do not make payment on time.
Under all website packages, we will initially buy your domain name using your deposit. The domain name will only be yours when the final balance of the website has been paid.
Domains which you have registered externally can be transferred to us or pointed to our servers. We will assist in the configuration of 1 domain externally. On some occasions we will not be able to configure external domains but in those instances, we will provide you with the information you will need to ask your current provider to make the required updates.
5. Intellectual Property
The Developer retains ownership of all intellectual property rights in the Website until full payment has been made by the Client.
Upon receipt of full payment, the Developer will grant the Client a non-exclusive license to use the Website.
The Client agrees not to copy, modify, or distribute any part of the Website without the prior written consent of the Developer.
6. Confidentiality
The Developer agrees to keep all information provided by the Client confidential.
The Client agrees not to disclose any information about the Developer’s services, methods or technology to any third party without the prior written consent of the Developer.
7. Cancellation
To cancel your website with High Oaks Media Ltd you must contact support via email on accounts@highoaksmedia.co.uk. Notice of 30 days must be given for cancellation. Any payment due within that 30 day period may still be charged and is not refundable.
Your cancellation is not confirmed until we contact you to confirm so. This is to ensure we have received your request and the account has been closed.
If you are a first year customer of High Oaks Media Ltd, a minimum of 12 months must be paid before the client is able to cancel the website.
If a website is cancelled by the client directly or closed due to lack of payment, we hold the rights of ownership to the client’s domain names, email accounts (that are hosted by High Oaks Media Ltd), website hosting, website design and all SEO data.
Once an account is closed, we provide no guarantee that the service can be restored as data from inactive accounts is purged from our databases periodically.
8. Miscellaneous Terms
We retain the copyright on all materials produced e.g. logos, website designs, content etc. We retain the right to include the produced work in our portfolio.
We accept no responsibility for errors with disputes in regards to your own content provided to us.
When instructing a company to print items we have designed such as logos etc, it is your responsibility to ensure the print quality. We accept no responsibility should finished printed items not accurately reproduce colours or quality.
We reserve the right to cancel or temporarily disable any client’s website or services with High Oaks Media Ltd if there is any threatening, abusive or unacceptable behaviour towards any members of our staff. All communication from there on must be done so in the form of letters.
The Developer accepts no responsibility for a loss of business through server downtime and maintenance.
If you wish to transfer your website built by High Oaks Media Ltd away from our hosting servers, then an additional £150 admin fee will be charged.
With our SEO services there can be no guarantee of achieving a specific page ranking. We accept no responsibility for anything else but our SEO services with any websites built by a 3rd party.