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Terms & Conditions

The following Terms and Conditions apply to all website development and media services provided by GeekFace

1. Acceptance

It is not necessary for any Client to have signed an acceptance of these terms and conditions for them to apply; they can be agreed upon verbally in a meeting or via email. 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. This must be done in email form with clear instructions to continue.
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.

2. Charges

Charges for services to be provided by GeekFace are defined in the project quote that the Client receives via e-mail. Quotes are valid for a 30-day period. GeekFace reserves the right to alter or decline to provide a quote after the expiry of 30 days.
Unless agreed otherwise with the Client, all website design services require a 20% (20 percent) minimum advance payment, as a non-refundable deposit of the project quote total, prior to work being supplied to the Client for review. With the remaining 80% (80 percent) of the project quote total due upon completion of the work, prior to upload to the server or release of materials.
Payment for services is due by bank transfer. Bank details and our address are made available on invoices.

In the event of non-payment, we reserve the right to suspend or remove your website and withhold artwork and we remain the owner of any works undertaken by ourselves. We will make every effort to ensure that we communicate regarding any unpaid invoices before such action is taken.

3. Client Review

GeekFace will provide the Client with an opportunity to review the appearance and content of the website and graphic design during the design phase with constant communication and once the overall website or design development is completed. At the completion of the project, such materials will be deemed to be accepted and approved unless the Client notifies GeekFace otherwise within 7 (seven) days of the date the materials are made available to the Client.

4. Turnaround Time and Content Control

To ensure a prompt turnaround time, we require a range of materials to be completed prior to the commencement of works for you. We will detail what is needed before we start works for you but delays in getting this material to us will result in a longer turnaround time. In return, the Client agrees to delegate a single individual as a primary contact to aid GeekFace with progressing the commission in a satisfactory and expedient manner.
During the project, GeekFace will require the Client to provide website or graphic design content to include, for example, but not limited to: text, images, movies, and sound files – unless we are asked to create these materials for you specifically. Furthermore, although GeekFace will source images from legal sources with paid licenses and or, but not limited to, open-source/creative commons, it is the responsibility of the client to pay for any fines or ongoing licenses that may come from any media used on the site.

5. Failure to provide required website content

GeekFace is a small business, and to remain efficient we must ensure that work we have programmed is carried out at the scheduled time. On occasion, we may have to reject offers for other work and enquiries to ensure that your work is completed at the time arranged.
On any occasion where progress cannot be made with your website or graphic design because we you the client have not sent us the required information within 60 days, and we are delayed as result, we reserve the right to impose a surcharge of up to 50% of the total project cost. If your project involves Search Engine Optimisation (SEO) we require the text content for your site in advance in order for the SEO to be planned and completed efficiently.
If you agree to provide us with the required information and subsequently fail to do so within 90 days (three months) of project commencement, we reserve the right to close the project and the balance remaining becomes payable immediately.

6. Payment

Invoices will be provided by GeekFace upon completion but prior to publishing the live website. Invoices are normally sent via email; however, the Client may choose to receive hard copy invoices. Invoices are due upon receipt. Accounts that remain unpaid 30 days after the date of the invoice will be assessed and a service charge added in the amount of the higher of one and one-half percent (1.5%) or £35 per-month of the total amount due. Once we have been paid in full, the client has ownership of all design work. Please see No.2 about charges for non-payment.

7. Additional Expenses

Client agrees to reimburse GeekFace for any additional expenses necessary for the completion of works. Examples include but not limited to: purchase of special fonts, stock photography etc. (you will be notified of this via telephone or email prior to purchasing the item unless this is specifically written within the cost of the project).

8. Web Browsers

GeekFace makes every effort to ensure websites are designed to be viewed by the majority of visitors. Websites are designed to work with the most popular current browsers (e.g. Mozilla Firefox, Microsoft Edge, Google Chrome, etc.). Client agrees that GeekFace cannot guarantee correct functionality with all browser software across different operating systems.
GeekFace 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, GeekFace reserves the right to quote for any work involved in changing the website design or website code in order for it to work with updated browser software.

9. Default

Accounts unpaid for 30 days after the date of invoice will be considered in default. If the Client in default maintains any information or files on GeekFace’s web space, GeekFace will, at its discretion, remove all such material from its web space. GeekFace 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.

10. Termination

Termination of services by the Client must be requested with written notice with 1 month’s notice from a registered email address and will be effective on receipt of such notice. Telephone or verbal requests for termination of services will not be honoured until and unless confirmed in writing or email from a registered email address. The Client will be invoiced for design work completed to the date of first notice of cancellation for payment in full within 30 days. Deposits are non-refundable.

11. Indemnity

All GeekFace services may be used for lawful purposes only. You agree to indemnify and hold GeekFace harmless from any claims resulting from your use of our service that damages you or any other party.

12. Copyright

GeekFace cannot grant copyright to all material completed. For example, such material is when we work with open-source software to which we work within a license ourselves. For all other material, when paid in full, the client retains the copyright and grants GeekFace the rights to publish and use such material without asking any permission to do so. The Client must obtain permission and rights to use any information or files that are copyrighted by a third party to which GeekFace can advise. The Client is further responsible for granting GeekFace permission and rights for use of the same and agrees to indemnify and hold harmless GeekFace 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 GeekFace that all such permissions and authorities have been obtained especially for any copy or images provided to us but not exclusively. Evidence of permissions and authorities may be requested.

13. Standard Media Delivery

Unless otherwise specified in the project quote, this Agreement assumes that any text will be provided by the Client in electronic format and that all photographs and other graphics will be provided physically, in high-quality files fit for the project purpose, electronically.

14. Design Credit

A link to GeekFace 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. The Client also agrees that the website developed for the Client may be presented in GeekFace’s portfolio. We may also add a small credit to any printed material although, this is not common practice.

15. Access Requirements

If the Client’s website is to be installed on a third-party server, GeekFace 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 need to be configured on the server. The usage of third-party servers is only a temporary solution however and, unless stated, must be transferred over to our own hosting environment. We cannot be held responsible for any errors, downtime or increased charges as a result of using a third-party hosting environment.

16. Post-Placement Alterations

GeekFace 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 deletion.

17. Domain Names

GeekFace may purchase domain names, website hosting or other subscription services, on behalf of the Client. Payment and renewal of those domain names, website hosting, and other subscription services is the responsibility of the Client. The loss, cancellation or otherwise of the domain name, website hosting or other subscription services, brought about by non or late payment is not the responsibility of GeekFace. The Client should keep a record of the due dates for payment to ensure that payment is received in good time.

18. General

These Terms and Conditions supersede all previous representations, understandings or agreements. The Client’s signature below or payment of an advance fee constitutes an agreement to and acceptance of these Terms and Conditions. Payment online is an acceptance of our terms and conditions.

19. Governing Law

This Agreement shall be governed by English Law.

20. Liability

GeekFace 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 site, immaterial whether the loss or damage results from negligence or otherwise.
The entire liability of GeekFace 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.

21. Severability

In the event any one or more of the provisions of this Agreement shall be held to be invalid, illegal or unenforceable, the remaining provisions of this Agreement shall be unimpaired and the Agreement shall not be void for this reason alone. Such invalid, illegal or unenforceable provision shall be replaced by a mutually acceptable valid, legal and enforceable provision, which comes closest to the intention of the parties underlying the invalid.

22. Privacy policy

GeekFace collects data from all our customers and sales inquiries for use of invoicing and accounts. We also will use your email address for the purpose of sending out a newsletter to you. We do not sell your data to any third party although, we store your personal data with other companies including, though not exclusively, MailChimp, Google, and others for the purpose of maintaining an accurate database and for the use of sending out newsletters.
The nominated data controller is John Bristow and any data requests should be addressed to John by using the contact form on this website, or posted to 97 Wardrew Road, St Thomas, Exeter EX4 1EZ. 30 days period will be given from the date of receiving the request to satisfy the request.
We also collect a range of anonymous data on all our websites we run and maintain for both ourselves and our customers. We use this data to evaluate how to make improvements to the websites and marketing of our clients and ourselves.
From time to time, we may pass out public details to other customers, about our customers, for the interest of business networking and provide sales leads. No personal data will ever be passed that is not already published on the internet.
Furthermore, you will be responsible for your own client’s data, privacy policy, and all aspects related to GDPR where changes to comply will be your responsibility to notify us of changes needed. We will only offer general advice on GDPR.

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