Terms and Conditions

The following terms and conditions apply to all communication and work between us, “Coullweb Ltd” (“we”), (“our”), (www.coullweb.com) and, the client (“you”),(“your”). By using our website and services, you hereby consent and declare agreement, without signature, to all the terms and conditions of the following agreement.

Company Information

The principal trading address is:

16/16a Hart House
Priestley Road
Basingstoke
Hampshire
RG24 9PU

Company Registered in England No. 09914691

VAT Registration No. 229 426 596

Coullweb Ltd.

Email: enquiries@coullweb.com
Tel: 01256 326 972

Payment Terms

Our standard payment terms are a 50% deposit to commence work followed by a 50% balance once project completion/website launch

Ad hoc development work or support may be required to be paid upfront depending on the circumstance.

Our standard payment terms are 7 days, we may require payment to be made upfront before work commences depending on circumstance.

We accept payment by BACS only. Cheques will not be accepted and will be returned causing delay to your project.

UK Payments should be made to HSBC Bank, 8 London Street, Basingstoke. Sort Code: 40-09-18, Account no: 02110792.

US Payments should be made to 30 W. 26th Street, Sixth Floor New York NY 10010 United States. Routing number: 026073150, Account number: 8311490563

Work on your project will start after the payment has cleared in full.

We do not offer credit or finance facilities but may offer a payment plan for the duration of your project at our discretion.

In the event of default against an agreed payment structure, we reserve the right to:

  • Alter/remove any payment plans and require payment upfront to complete the project.
  • Halt all work, not limited to individual projects, until payments are brought up to date.
  • Adjust the project schedule once the project payments are up to date.
  • Cancel any and all outstanding work not limited to the work in payment arrears.

If you run into issues with paying your commitments with us, you must notify us in writing as soon as possible. Where appropriate we will attempt to resolve the issue and alter your arrangements. We do, however, reserve the right to take action without notice when payments default without prior written notice.

We may charge interest on any arrears not paid at the rate of three per cent (3%) of the outstanding balance each month until we have had payment in full.

We reserve the right to withdraw any services not limited to hosting in the event contractual, maintenance or project payments are not made according to schedule without prior notice. See cancellations for more information.

We reserve the right to remove any unpaid work not limited to code and documentation in the event contractual, maintenance or project payments are not made according to schedule without prior notice.

Charging for work

Quotes & project proposals are valid for up to 30 days.

The final cost and timescale of a project may vary from the original quote/project specification supplied for a variety of reasons including, but not limited to:

  • Changes made by the client we deem to be significantly different from the proposed or advertised package work.
  • The client delays, defaults, or otherwise significantly disrupts the project and the agreed time scales.
  • Additional services or goods required to complete work are used, requested or required.

We record billable time down to 15 minute increments within an hour and round up to the nearest increment if below. While we may show a time breakdown on our quotes and invoices we are not obliged to provide this if requested.

Billable time constitutes research taken out at a client’s request, the advice provided when requested, physical work undertaken by us or our contractors and dealing with 3rd parties where requested.

We are not responsible for delays during a project caused by situations out of our control or client delays.

In connection with your project, we will charge you for any materials, services or 3rd party services that we buy/set up from external suppliers. For most bought-in goods or services we will charge you at cost plus a handling fee. If you choose to provide your materials/services, these will not be subject to a handling fee.

Work that falls outside of any agreed project will be charged accordingly in line with our hourly rate. We will notify via email, or telephone before proceeding unless instructed otherwise.

Package prices are quoted to include a set amount of time and resources, additional requirements outside of the package or if the budget is used within a project may incur additional costs.

If a project brief, quote or technical specification is not provided to Coullweb Ltd you accept any work you have instructed us to undertake either verbally or written will be chargeable.

The Business Hours for the Services will be between 10:00 and 18:00 Monday to Friday excluding public holidays unless expressly stated or otherwise agreed in writing.

The hourly rate for Services outside Business Hours will be charged at the overtime rates. £120 per hour.

Fast turn-around times (rush fees)

For work requested for completion in a shorter than normal timeframe, fast turn-around fees may be offered. For small tasks, we required 2 working days’ notice. For development changes, this can be more. The fast turn-around charge is £120 per hour, subject to change.

 

Project Change Request (“PCR”) is used to document a change and the effect the change will have on the Services. Both parties will review the PCR and agree to implement it, recommend it for further investigation, or reject it.

We reserve the right to alter our pricing without written notice.

Packages, Services & Features

While we offer package solutions and services these have restrictions. These restrictions do not affect the quality of our work but the quantity, features and or time to which is available.

Below are the specifications/restrictions of our standard package features.

  • Prices from:

The minimum price will be that advertised on the package, the price will change dependent on the amount of design, content and products required for your site that falls outside of the standard allocated price for the package.

  • Bespoke design & mockups of key pages:

After discussing your requirements at our initial meeting we will then mockup bespoke designs based on your existing brand (or a new one if you pick our brand package). The number of page designs, revisions and tweaks will depend on the complexity of the design against the time available within the package budget. Once the ‘design flats’ are approved we will proceed to build the site and any changes may incur additional costs. We never have or will use pre-bought or free themes for any of our websites.

  • Responsive for tablet & mobile:

We will create sites using a responsive framework which will alter the appearance of the site dependent on the browser size or device size to optimise the content for tablet and mobile viewing. The smallest breakpoint we may use will be 320px for mobile devices. Depending on the complexity of the design will depend on the level of responsive adjustments applied to the theme.

  • Promotions & voucher codes:

This allows for creating multiple promotions on checkout and products, these are limited to the standard features of the platform used.

  • Styled transactional emails:

We will style your sales, account and customer emails to match your brand.

  • SSL Certificate & PCI compliance setup:

An SSL certificate is what secures your site during checkout/account area and ensures any information transmitted is secure. We will purchase and install a certificate up to the value of £50. The certificate will renew yearly and is billable.

PCI compliance is a scan and questionnaire to ensure your site is secure and is a requirement of most banks & credit card companies. We will initiate contact with Security Metrics, our preferred PCI compliance provider and undertake all measures to ensure the site passes on a technical level. It is your responsibility to ensure the questionnaire is filled in and passed as well as ensuring your site continues to meet PCI compliance.

  • Payment gateway integration:

We will integrate Sage or PayPal within our package costs and perform all required payment testing. While we can advise you on the setup of your payment solution and assist you in the setup we cannot accept any liability for any advice given.

  • Google Analytics setup:

We will sign you up for a Google Analytics account or integrate your existing account and ensure the tracking is working once the site launches. This does not include any support once set up.

  • Daily backups:

Our 3rd party hosting companies all provide daily backups as standard. We do not provide an internal backup facility as standard unless requested. We can provide you access to back up your site externally if required, please get in touch to find out more.

  • Delivery:

Delivery times quoted are dependent on content being provided up front or within a set-out project schedule. Alterations to the project brief or additional development may affect a quoted delivery time.

  • Hosting:

Our hosting packages are created for each package based on historical customer usage data. To request more details on your hosting package please contact us and we will be happy to provide the details.

Design

We accept concept and design approval by email & written communication. Once designs, concepts or alterations are approved you accept they cannot be changed without incurring additional costs.

Design changes must be made in writing.

Legal and Copyright

All copyright and other intellectual property rights remain our sole property for any work or concepts created by Coullweb Ltd. Once payment against a project has been made in full, you have the right, known as a licence, to use our work for its intended purpose only.

You cannot sell, copy or distribute in any format any of the code written or supplied by Coullweb Ltd to any external party or use outside its originating location without our express written permission.

If you call a halt to a project before it is finished or the project is halted by Coullweb due to our cancellation policy, you have no copyright licence or similar rights in the work we have done so far, nor can you make use of our work or exploit it in any way.

We reserve the right to use all, or any part of our produced work for our website, portfolio or for advertising our services to other clients.

If you have supplied us with any work to incorporate into a design or in connection with the project, it is your responsibility, and we accept no liability, to make sure that:

  • You own the copyright/licence to use the media for its intended application only.
  • The work is of a legal nature and complies with all laws for intended distribution regions.

Sub-contractors, employees or individuals are not permitted to display, advertise or reference any work they have undertaken for, on behalf of or while in employment with Coullweb Ltd without written permission.

By failing to comply with these obligations, you agree to compensate us for any claims, damages, legal action or expenses we face as a result of your actions.

Websites

Domain names purchased on the behalf of the client by Coullweb Ltd are legally owned by the client. It is the responsibility of the client to renew their domain names when due.

The client is responsible for all content published on their websites be it supplied by the client or Coullweb Ltd.

Website hosting is supplied through independent hosting companies.

Web Servers, Email and Internet Communication Data are subject to the following terms:

  • Where applicable we can be responsible for the initial setup of web servers, email accounts and web platforms. After which it becomes the client’s sole responsibility to record passwords, maintain, administer, backup and secure this data/services.

After initial setup, all password(s), security and account information required to manage the hosting will be retained by Coullweb Ltd in a secure portal and sent to the client via email using our secure share service.

Search Engines

While we endeavour to deliver optimal search engine rankings we do not guarantee, nor can we be held responsible for any specific placement or high ranking within search engines.

Liability

While we develop solutions that provide potential revenue through design, code and financial advice the performance of such implemented and suggested solutions is your responsibility.

It is your responsibility to ensure the product(s) / service(s) you choose are suitable for your business / your requirements. While we may discuss/advise or advertise services/products through our website, in person, by phone or through any other method of communication it is ultimately your decision and you accept that Coullweb Ltd cannot be held liable, in any way, for influencing any decisions that result in you undertaking services with us or any other 3rd party.

We cannot be held liable for any financial, criminal, performance related or any other associated losses or damages in relation to any financial, sales, personal information, tax configuration, 3rd party services, advice, PCI compliance or loss of / sensitive data that is contained within, generated from, suggested, advised or associated with any of our work.

All work produced by Coullweb Ltd is provided “as is” without warranty of any kind, either expressed or implied, including limitation warranties of merchantability, fitness for a particular purpose, and non-infringement.

PCI Compliance is the sole responsibility of the client. It is accepted you must ensure your site is PCI compliant at all times. Coullweb Ltd may offer to assist in the setup and maintenance of PCI Compliance but ultimately accepts no responsibility.

By supplying us with materials/products you do so at your own risk. We are not responsible if such items are lost, stolen or damaged unless by reasonable and foreseeable means.

3rd Party Services

We may be instructed to / setup 3rd party services on your behalf. It is accepted that you are ultimately responsible for any services we engage in on your behalf.

We will obtain your permission before undertaking any 3rd party services and will act on your behalf where instructed.

Support Services

Our support services are billed at an hourly rate and we are not obliged to disclose how your time is allocated or has been used.

All support is to be paid upfront unless agreed otherwise. If agreed otherwise our standard payment terms will apply as per these terms and conditions.

Pre-purchased support time does not expire.

We determine what classes as support or new/bespoke development. Work outside of what we deem to be supported may incur a higher hourly rate/quote of which we will notify you before undertaking work.

Support time can only be used for websites developed by Coullweb Ltd, if help is required for other services such as email, social media etc then this may be provided on a discretionary basis.

Warranty

Our warranty covers errors, bugs and omissions by Coullweb for 30 days after submission for review. Code that is altered by a 3rd party and/or customer is outside the scope of the warranty.

Content provided or approved by the client for use on your project is the client’s responsibility, amends are considered billable revisions.

Requests made to Coullweb for Warranty work must be made on time and properly submitted online by email. Any delays in your email being received are not covered by our Warranty

What is covered?

  • Support with error messages or system errors reported by users.
  • Broken links that are reported.
  • Bugs, and errors that are part of our custom development.
  • Assistance with usage of the CMS platform and/or ecommerce platform.
  • Functionality not working as agreed in our proposal.

What is excluded?

  • Support for bugs, problems or errors that are caused by the hosting system unless we are hosting your website.
  • Support for bugs, problems or errors caused by customer error.
  • Any systems developed outside of Coullweb are not covered by this warranty.
  • Any task requested that was not explicitly included in our proposal. This may include, but is not limited to graphic design, images, layout changes, change to content, change to brief, additional functionality and form fields.
  • Support for bugs, problems or errors that are reported 30 days after submission for review or going live (if sooner).

Marketing Services

Our marketing services are available to customers who have a website built or maintained by Coullweb Ltd only.

Marketing packages are subject to a 3 month minimum contract, after which will continue to renew every 3 months unless we have been notified by you.

You must inform us in writing if you wish to cancel your marketing package. We will then confirm with you and the package will be cancelled at its next renewal point

Upon setting up any marketing package you are required to set up a monthly standing order for the duration of the contract.

Marketing prices are quoted based on standard configurations/time allowance. If more or non-standard work is required/requested over and above this the prices quoted may vary. We will, however, notify you of this before undertaking work.

It is your responsibility to ensure that the information provided to us to use within any marketing material is correct. We cannot be held responsible for any information that has been provided to us.

Changes made to marketing collateral once approved may incur extra charges.

Hosting Services

Charges for off-site backups – We charge £0.05 per GB of backup storage. Data is backed up in incremental backups so only files that have changed from the last full backup will be chargeable. We are rounding up backup charges in £0.5 increments.

For our DO packages, if your package bandwidth limit has been exceeded you will be charged £0.04 per additional GB of bandwidth.

If payment isn’t made within 24 hours of the invoice due date, you’ll receive a reminder.
After two additional days (so three days after invoice charge failure), your servers will be stopped. You will be informed that if the charges aren’t cleared, the servers will be deleted.
After two days more (so five days after invoice charge failure), your servers will be deleted.
Seven days after invoice charge failure, you will receive another reminder (before server backups are permanently deleted).

This policy is set by our hosting partners so we do not have any flexibility on these dates.

SLA

Please note that Service Availability refers to Coullweb Platform and related services and in no case do we guarantee here the Service Availability of our Partner Cloud Providers (see third party SLAs below).

CREDITS DISBURSED WHEN SERVICE STANDARD IS NOT MET

We will compensate our Customers in the event that our Service Standards are not met and provided the Customer(s) would have reported it through our recognised support channel. Compensation will be through a credit against your next monthly invoice. You will receive a credit of 5% of your total fee (for the month in which the SLA was not met) for each hour in which We fail to meet Our Service Standard levels. Collectively, these are referred to as SLA Credits. SLA Credits are based on our monitoring, may not exceed the total amount of Fees you have paid to us for the month in which we failed to meet the Service Standards set out in Clause 1, may not be aggregated, and will not be paid in cash.

SITUATIONS IN WHICH WE WILL NOT DISBURSE ANY CREDIT

Should we fail to meet the Service Standard goal as a result of scheduled outages, emergency maintenance or Force Majeure Events, the SLA Credit policy will not be applicable.

If the failure to meet the Service Standards is based on a non-standard environment, customer-authored code or changes to the Service by parties other than Coullweb Ltd., You will not be entitled to any SLA Credit.

THIRD PARTY INFRASTRUCTURE PROVIDERS SLAS

Data Protection

On occasion, we may need to gather confidential or sensitive information from you to complete our work, and any information we gather or share with you is securely held on-site and never passed to any third parties without your permission. You may notify us in writing if you wish such information to be modified.

In addition, any sensitive material falling within the Data Protection Act (1998), subsequent legislation, and accompanying regulations that we impart to you is regarded as private and will constitute a breach of client obligations if such information is disseminated without our written consent.

Printing

All preliminary work carried out, whether experimentally or otherwise shall be chargeable.

It is your responsibility to check and sign off proofs. We are not responsible for errors, omissions or costs during any of the print process.

All reasonable efforts shall be made to obtain the best possible colour reproduction on clients’ work but variation is inherent in the print process and it is understood and accepted as reasonable that we shall not be required to guarantee an exact match in colour or texture between photographs, transparencies, proofs, electronic graphic files, previously printed matter (whether printed by us or other parties) or any other materials supplied by the client.

We shall have no liability in respect of any work being of less than reasonably satisfactory quality as a result of defects in or the unsuitability of materials supplied or specified by the client.

Cancellation

We have the right, to cancel any commitments we have made if:

  • You break any of your obligations under this agreement.
  • You substantially change or call a halt to work while it is still in progress.
  • You delay work without prior written notification, of which we need to accept is a legitimate reason.
  • You do not commit, or delay the required resource(s) to undertake requested work which we deem, in turn, significantly impacts the operations of Coullweb Ltd.
  • You are abusive / undertake illegal or copyright infringement activities.

Projects that are delayed for 3 months or greater are subject to quotation or cancellation. Refunds for unfinished work will be at Coullweb Ltd discretion.

If you do break your obligations or if we cancel our commitments, you will immediately be responsible for paying any fees and expenses resulting from us carrying out your instructions up to the date of cancellation / any contracted external services made on your behalf.

Upon notice of cancellation from Coullweb Ltd we will then provide all works up to the point of cancellation within 30 days. Payments made up to the notice of cancellation are non-refundable.

We may ask you to settle, in part, outstanding invoices up to the value of the work undertaken and reserve the right not to release any work until payment is made in full.

In the event you wish to cancel any and or all arrangements you have with us you must notify us in writing. We would at which point we will return all work within 30 days up to the value of the paid invoices against said work. We would always prefer to discuss any issues/situations outside of your control before you cancel services with us to see if we can put solutions in place. You accept fully that you cannot hold Coullweb Ltd, its directors, shareholders, 3rd parties or employees responsible for any loss or damages resulting from your cancellation of our services.

Deposits are non-refundable.

Our right to sub-contract

We are entitled to sub-contract any of the work to be carried out on your project without notice.