Terms & Conditions
The legal stuff...
1.1 A Project can be a website, database system, search engine optimisation work, or any other service provided by Melt Creative Ltd to the Customer.
1.2 “Frustrates” is a term used to describe were one party to the agreement acts in a way so as to make it unrealistic for the other party to carry out their part of the agreement.
1.3 The word “contract” as it appears in these terms and conditions shall mean the contract between Melt Creative Limited and the Customer, which will be based on the terms and conditions contained within this Service Level Agreement.
2.1 SLA stands for Service Level Agreement.
2.2 ISP stands for Internet Service Provider.
3.1 The terms and conditions contained in this SLA apply to all Melt Creative Ltd Customers unless agreed in writing to the contrary. No other contract terms and conditions shall apply unless specifically agreed in writing between Melt Creative Limited and the Customer. In the event of any ambiguity between these terms and conditions and any terms agreed in writing between Melt Creative Limited and the Customer then these terms and conditions will apply.
4.1 Melt Creative Ltd will provide customers with quotes for projects based on our experience from similar briefs. Additional charges may be payable if there are significant variations to the agreed brief, although we’ll make you aware of this in advance.
4.2 Work carried out against the initial quote will be charged in accordance with clause 8.
4.3 Melt Creative Ltd will provide quotes in writing by email to customers. Acceptance by a customer of an Melt Creative Ltd estimate is subject to acceptance of the terms and conditions in this SLA, unless specifically agreed in writing between the Customer and Melt Creative Ltd to the contrary.
- DESIGN & CREATIVE
5.1 Melt Creative Ltd will provide the Customer with initial mock ups of both website and graphic projects in line with the initial project brief. These will then be sent to the Customer for approval.
5.2 Melt Creative Ltd will not proceed with any print, or development work until the mockups have been agreed.
5.3 Melt Creative Ltd will work with the Customer to finalise the design work until both parties are happy.
5.4 Once the initial mock ups have been signed off, Melt Creative Ltd will require written confirmation by email to confirm sign off.
5.5 Melt Design Ltd are flexible in changing design and creative work, however if it runs outside of the initial project brief then it will be charged in accordance with clause 8, unless agreed by Melt Creative Ltd.
6.1 Melt Creative Ltd will provide an additional quote for printing graphic projects if requested by the Customer. The Customer holds no obligation to use Melt Creative Ltd to proceed with printing and are welcome to use their own supplier.
6.2 Once a signed off print file has gone to the printers, Melt Creative Ltd hold no responsibility for spelling, or any other graphical errors.
6.2 In the unlikely event that prints come back faulty, damaged, or there are any other problems with the printing itself, Melt Creative Ltd will work with the printing supplier to resolve the issue.
7.1 The source code of all website web pages remains the intellectual property of Melt Creative Ltd and may not be copied and used by any other party without the consent of Melt Creative Ltd.
7.2 All scripts, css and include files used within customer websites remains the intellectual property of Melt Creative Ltd and may not be copied and used by any other party without the consent of Melt Creative Ltd.
7.3 The stored procedures, functions and triggers programmed in to SQL Databases remain the intellectual property of Melt Creative Ltd and and may not be copied and used by any other party without the consent of Melt Creative Ltd.
7.4 All customer logo images, images unique to the customer, i.e. of their premises, work force and their business, plus all written copy, belong to the customer and are covered under their copyright.
- HOURLY RATE CHARGES
8.1 Melt Creative Ltd will charge for services provided that are not included in any quotation or under the terms of clause (9), Hosting. The amount charged will be based on Melt Creative Ltd’s standard hourly rate, unless a different hourly rate has otherwise been agreed in writing.
8.2 Melt Creative Ltd will review and may increase their standard hourly rate on an annual basis.
9.1 Melt Creative Ltd use high performance web servers provided by UK Web Host, which is a UK based web hosting company.
9.2 The UK Web Host server has unlimited bandwidth and an uptime performance of over 99.9%.
9.3 Melt Creative Ltd will include an annual price for the hosting and associated technical support for customer websites.
9.4 Melt Creative Ltd will use their best endeavours to rectify the cause of any disruption in the hosting service of a customer’s website(s) and to minimise the duration of any such instances.
9.5 Melt Creative Ltd will not be liable to the Customer for any compensation in respect of any down-time that may occur with the hosting of their website(s).
9.6 A daily backup of all customer website files and databases are kept on our server and in the unlikely event of a hard drive failure or other technical failure with the web server Melt Creative Ltd will re-setup the website as quick as possible.
9.8 With regard to any images or download files uploaded to a customer’s website by a customer it is the responsibility of the customer to retain a copy of these on their local PC/LAN. In the unlikely event of hard drive failure or other technical failure with the web server it will be the responsibility of the Customer to re-upload these files.
9.10 In the event that a customer wishes to move their website and/or SQL Server Database to another web server supported by another party, then Melt Creative Ltd will cooperate fully, subject to all outstanding amounts being paid up in full.
9.12 In the event that the Customer requires assistance with remedying a situation with their website that is not a technical fault caused by Melt Creative Ltd the time expended by Melt Creative Ltd will be charged to the Customer in accordance with clause 8.
9.13 Melt Creative Ltd will invoice for Hosting on an annual basis, yearly in advance. Invoices will be raised approximately 30 days prior to the commencement date.
9.14 Melt Creative offer no refunds if you cancel your hosting during your current annual billing period.
9.15 Melt Creative do not include SSL certificates for the website hosting. These can be purchased as a separate item through us and we will install and support this.
10.1 Melt Creative Ltd will setup customer’s email with email service providers as part of the initial quote provided to the Customer if requested as part of the project brief.
10.2 Melt Creative Ltd will only setup Customer’s email on the UK Web Host server, and will not guarantee to support other service providers unless agreed in the initial project brief.
10.2 Melt Creative Ltd will supply mailboxes to the Customer with up to 400mb of data as standard. Any additional storage space required will be chargeable, and rates will be in line with prices supplied by UK Web Host.
10.3 Melt Creative Ltd are excluded from any liability to the Customer for any interruption or termination in the email service.
10.4 Melt Creative Ltd will troubleshoot any problems reported by the Customer with their email. If the problem is due to an omission by Melt Creative Ltd then no charge will be made to the Customer. If the problem is not due to an omission by Melt Creative Ltd then the Customer will be charged in accordance clause (8), Melt Creative Ltd Hourly Rate Charges.
10.5 Melt Creative Ltd will only proceed to fix problems with email if they are due to a problem with the web server. If the problems are caused due to technical issues with the Customer’s LAN/ISP, or any other on-site issues, the responsibility lies with the Customer.
- WEBSITE SERVICES
11.1 Melt Creative Ltd will offer to customers third party services such as those offered by Google to enhance the performance of their websites. Melt Creative Ltd may include in quotations the setup and maintenance of such third party services. Melt Creative Ltd will not be liable to the customer for any interruption, non-performance, or cancellation of the provision by third parties of any such services.
11.2 Melt Creative Ltd will fully support the website’s technical functionality. Any new features or additions added to the site by customer or other parties will not be supported. Any support time required to fix any issues related to these changes will be charged in accordance with clause 8.
11.3 Melt Creative Ltd will not support users of the website i.e customers, subscribers, forum members unless agreed in the original brief.
- SEARCH ENGINES
12.1 Melt Creative Ltd are expert at designing websites to perform well with the search engines and will liaise with customers in trying to achieve high rankings for the appropriate keyword phrases.
12.2 Melt Creative Ltd accept no responsibility or liability to the customer for the actual rankings achieved or how such rankings may vary over time.
12.3 Melt Creative Ltd will supply a price for SEO work either in the initial project quotation, or upon request by the Customer.
- INVOICING & PAYMENT
13.1 Melt Creative Ltd standard payment terms are 30 days from the date of invoice.
13.2 Melt Creative Ltd will specify within quotes how a project will be invoiced. Large projects may be split in to a number of monthly interim invoices plus a final invoice on completion. This will be discussed prior to any work and agreed by all parties involved.
13.3 Melt Creative Ltd require a 40% minimum deposit before any design or development work can begin. Failure to pay the 40% minimum deposit will delay the process. If any work has been agreed to commence prior to initial 40% minimum deposit, payment will still be required if customer withdraws from the project.
14.1 Melt Creative Ltd will ensure that the specification quoted for to the customer works as intended. In the event that the customer reports that some part of the specification is not functioning correctly then Melt Creative Ltd will investigate this and take corrective action, which will be at no expense to the customer.
14.2 In the event that the customer reports an issue which is related to a matter that falls outside of the project specification then Melt Creative Ltd will investigate this and email the customer a report and, if appropriate, a price to carry out the extra work involved to resolve the issue.