Acceptance

It is not necessary for any Client to have signed an acceptance of these terms and conditions for them to apply. If a Client accepts a quote and makes any form of payment to GOBO Creative Ltd, then the Client will be deemed to have satisfied themselves to the terms applying and have accepted in full these terms and conditions.

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.

GOBO Creative Ltd reserves the right to alter these Terms and Conditions at any time without prior notice.

The latest terms and conditions can be found at the GOBO Creative Ltd website www.gobocreative.co.uk via a link displayed in the Footer.

The Client agrees to provide any requested information and content required by GOBO Creative Ltd in good time to enable the work to begin as part of an agreed project.

Charges & Payment

Charges for any service provided by GOBO Creative Ltd are defined in advance via a project quotation that the Client receives via e-mail. Quotations are valid for a period of 30 days.

GOBO Creative Ltd reserve the right to alter or decline a quotation after expiry of the 30 days.

Any additional work requested by the Client that is not specified in the agreed quotation is subject to an additional quotation by GOBO Creative Ltd. If the work is needed as part of an existing project, then this may affect, costings, time scale and overall delivery time of the project.

Unless agreed otherwise with the Client, all website, graphic design and photography services require an advance payment of a minimum of fifty (50) percent of the project quotation total before the work is supplied to the Client for review. The remaining total including additional extras is due upon completion of the work, prior to upload to the server or release of design or photographic materials.

Payment for services is due by cheque or bank transfer. Cheques should be made payable to GOBO Creative Ltd and sent to details made available on the invoice. Bank details will be made available on invoices.

Invoices will be provided by GOBO Creative Ltd upon completion of work but prior to publishing the live website. Invoices are normally sent via email; however, the Client may choose to receive a hard copy by request. Invoices are due immediately upon receipt.

Accounts that remain unpaid for thirty (30) days after the date of the invoice will be assessed and a service charge in the amount of the higher of one and one-half percent (1.5%) or £30 per month of the total amount due. The Client agrees to reimburse GOBO Creative Ltd for any additional expenses necessary for the completion of the work. For example, the purchase of special fonts, stock photography, illustrations etc. GOBO Systems Ltd agrees to notify the Client of costs relating to additional expenses prior to any purchases.

Publication and/or release of the web design, graphic design or photography within the project may not take place before cleared funds have been received by GOBO Creative Ltd

Client Review

GOBO Creative Ltd will provide the Client with an opportunity to review the appearance and content of the website during the design phase and again once the overall website development is completed. At the completion of the project, such materials will be deemed to be accepted and approved unless the Client notifies GOBO Creative Ltd otherwise within ten (10) days of the date the materials are made available to the Client.

GOBO Creative Ltd will provide the Client with the opportunity to review the appearance and content of Graphic Design for print and branding projects during the design phase. Once the work has been signed off by the client and sent to the chosen printers, the work is considered complete. It is the sole responsibility of the Client to ensure any text, spelling or image errors are highlighted before it is signed off. Any errors after the design work has been sent to print is the responsibility of the Client and is liable to pay full quoted design costs.

Website Content

If the client supplies material to GOBO Creative Ltd, it is the responsibility of the client to obtain all necessary copyrights for its use and GOBO Creative Ltd will assume this has been done. In this situation, the copyright shall be retained by the client

Should the Client supply material to GOBO Creative Ltd believing it to be not copyright and royalty free, which subsequently emerges to have copyright and royalty limitations, the Client agrees to permit GOBO Systems Ltd to remove and/or replace the file at the Client’s expense to be invoiced on an hourly rate basis. In this situation, the client indemnifies GOBO Systems Ltd from any claim which arises regarding the use of material supplied to GOBO Creative Ltd.

PLEASE NOTE: Text content should be delivered as a Microsoft Word, email (or similar) document with the pages in the supplied document representing the content of the relevant pages on your website. These pages should have the same titles as the agreed website pages. Images should be sent on disc or via email as .jpegs .png or .pdf

Web Browsers

GOBO Creative Ltd will make 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. Safari, Google Chrome, etc.). The Client agrees that GOBO Creative Ltd cannot guarantee correct functionality with all browser software across different operating systems or viewing devices.

GOBO Creative Ltd cannot accept responsibility for web pages that do not display acceptably in new versions of browsers released after the website have been designed. As such, GOBO Creative Ltd reserves the right to quote for any work involved in changing the website design or website code for it to work with updated browser software.

Late and Unpaid Accounts

Accounts unpaid thirty (30) days after the date of invoice will be considered in default. Once in default GOBO Creative Ltd will close the website displaying a "closed for maintenance" holding page. Accounts unpaid sixty (60) days after the date of invoice, GOBO Creative Ltd will remove all material from its server. GOBO Creative Ltd is not responsible for all loss of data incurred after the removal of the material.

Removal of such material is final and cannot be undone or replaced. This does however not relieve the Client of the obligation to pay any outstanding charges pending to the Client's account.

Cheques returned for insufficient funds will be assessed a return charge of £35 and the Client's account will immediately be considered to be in default until full payment is received. Clients with accounts in default agree to pay GOBO Creative Ltd reasonable expenses, including legal fees and costs for collection by third-party agencies, incurred by GOBO Creative Ltd in enforcing these Terms and Conditions.

Termination

Termination of services by the Client before completion must be requested by written notice and will be effective on receipt of such notice. E-mail or telephone requests for termination of services will not be honoured until and unless confirmed in writing. The Client will be invoiced for design work completed to the date of first notice of cancellation for payment in full within thirty (30) days.

The Client is under no contract with GOBO Creative Ltd. Hosting charges are paid either annually or monthly to either GOBO Creative (for Wordpress Websites), Squarespace or Shopify, and the Client reserves the right to terminate their website at anytime. If the Client pays an annual hosting charge they are not entitled to the months remaining till renewal. If the Client pays a monthly subscription they can cancel their direct debit or standing order at anytime and the website will be terminated by any of the hosting providers.

If the Client wishes to move their website to another hosting provider, they must re-build their website using a Third Party CMS System of the Clients choice. Under no circumstances will Wordpress websites be transferred to a third party hosting service or server. The Client can notify GOBO Creative Ltd of termination at any time and GOBO Creative Ltd will leave open the website for a period of thirty (30) days, for the Client to copy text and images from the website before removal from the GOBO Creative Ltd server. After removal, all data is permanently lost and cannot be retrieved.

Indemnity

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

Copyright

The Client retains the copyright to text, image files and graphic design including logos provided by the Client and those developed by GOBO Creative Ltd, and grants GOBO Creative Ltd the rights to publish and use such materials to build the Clients website. The Client must obtain full permission and rights to use any of the information or files that are copyrighted by a third party. The Client is further responsible for granting GOBO Systems Ltd permission and rights for use of the same and agrees to indemnify and hold GOBO Creative Ltd harmless from any and all claims resulting from the Client's negligence or inability to obtain proper copyright permissions.

An acceptance of quotation for website design, graphic design and photography and/or placement shall be regarded as a guarantee by the Client to GOBO Creative Ltd that all such permissions and authorities have been obtained. Evidence of permissions and authorities may be requested at anytime.

Wordpress websites only: Coding and other work created by GOBO Creative LTD for the project shall not pass to the Client but shall remain the property of GOBO Creative LTD and used on licence paid for by the Client via annual or monthly hosting, unless negotiated and agreed to in writing.

The Client and GOBO Creative Ltd agree to abide by the terms of any third party software or media included within any work done for the Client. Examples of this include, but are not limited to, Googlemaps, Media under the Creative Commons license, RSS feeds, Open Source GPL Software etc.

GOBO Creative Ltd reserve the right to use any artwork, printing or photography they produce for the purposes of promoting their services.

Design Credit

A link to www.gobocreative.co.uk 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. If a client requests that the design credit be removed, a fixed fee of £250 will be applied. The Client also agrees that the website developed for the Client may be presented in GOBO Creative Ltd's online portfolio and printed materials via GOBO Creative.

Wordpress Hosting and Servers

The Client is under no contract with GOBO Creative Ltd, when annual hosting payments are due an invoice is be sent and must be paid within thirty (30) days to cover the following twelve (12) months. The Client may leave the GOBO Creative Ltd server at any time, any remaining months hosting payment is forfeited.

Post-Placement Alterations: if the Client has access to the Wordpress, Squarespace or Shopify CMS to make updates and alterations, GOBO Creative Ltd cannot accept any responsibility for alterations or errors caused by the Client after the initial go-live date. GOBO Creative Ltd reserve the right to quote on fixing any errors caused by the Client.

Such alterations include, but are not limited to additions, modifications or deletions. We fully recommend a CMS training session prior to making any alterations in order to learn how to make updates to the CMS System.

The Client agrees that GOBO Creative Ltd is not liable for any failure to carry out services for reasons beyond its control, including but not limited to acts of God, telecommunication problems, software failure, hardware failure, third party interference, bankruptcy, Closer or business, Government, emergency on a major scale or any social disturbance of extreme nature such as industrial strike, riot, terrorism and war or any act or omission of any third party services.

Should GOBO Creative Ltd suffer a server failure, bankruptcy or cease trading, GOBO Creative Ltd is not liable for any consequences or financial losses such as, but not limited to, loss of business, profit, revenue, contract, data or potential savings, relating to the services provided.

GOBO Creative Ltd reserves the right to refuse to handle:

• Any media that is unlawful or inappropriate.

• Any media that contains a virus or hostile program.

• Any media that constitutes harassment, racism, violence, obscenity, harmful intent or spamming.

• Any media that constitutes a criminal offence, or infringes privacy or copyright.

Squarespace & Shopify Website Hosting

The Client is under no contract with GOBO Creative Ltd for website hosting. All hosting payments are made directly to Squarespace or Shopify. When the annual or monthly hosting payments are due payments are either made automatically to Squarespace or Shopify or manually depending on how the site is set up. It is the full responsibility of the Client to make sure hosting payments are made on time, and hold no responsibility should the site be deleted due to late payments. We do not back up Squarespace or Shopify websites.

GOBO Creative LTD are in no way responsible for the uptime of a Squarespace or Shopify website. Hosting and uptime is the full responsibility of the hosting company. GOBO Creative LTD are in no way responsible for viruses or any instance of hacking of your website, this is the full responsibility of the hosting company. It is the Clients responsibility to create strong passwords for the CMS system and to keep these private at all times.

Post-Placement Alterations: if the Client has access to the Squarespace or Shopify CMS to make updates and alterations, GOBO Creative Ltd cannot accept any responsibility for alterations or errors caused by the Client after the initial go-live date. GOBO Creative Ltd reserve the right to quote on fixing any errors caused by the Client.

Such alterations include, but are not limited to additions, modifications or deletions. We fully recommend a CMS training session prior to making any alterations in order to learn how to make updates to the CMS System. This is charged at our standard hourly rate.

Coding and CSS styles created by GOBO Creative LTD for the project shall remain in the advanced sections of the CMS system. GOBO Creative LTD are not responsible for problems occurring to coded sections due to any updates made by Squarespace. Any fixes required due to such updates are charged are our Standard Hourly Rate. GOBO Systems LTD are not responsible to issues occurring due to The Client changing any code or CSS styles.

The Client agrees that GOBO Creative Ltd is not liable for any failure to carry out services for reasons beyond its control, including but not limited to acts of God, telecommunication problems, software failure, hardware failure, third party interference, bankruptcy, Closer or business, Government, emergency on a major scale or any social disturbance of extreme nature such as industrial strike, riot, terrorism and war or any act or omission of any third party services.

Should GOBO Creative Ltd suffer a server failure, bankruptcy or cease trading, GOBO Creative Ltd is not liable for any consequences or financial losses such as, but not limited to, loss of business, profit, revenue, contract, data or potential savings, relating to the services provided.

GOBO Creative Ltd reserves the right to refuse to handle:

• Any media that is unlawful or inappropriate.

• Any media that contains a virus or hostile program.

• Any media that constitutes harassment, racism, violence, obscenity, harmful intent or spamming.

• Any media that constitutes a criminal offence, or infringes privacy or copyright.

99Designs / Squarespace

• For projects accepted via 99Designs & Squarespace Marketplace all payments are to be made in advance to 99Designs.

• GOBO Creative will not ask for a direct payment at anytime, all payments are made directly to 99Designs

• All follow up work must be created via a new quote in 99Designs or Squarespace

• On completion of any new website build, ownership of the Squarespace website will be transferred to the client.

• Website content must be delivered in good time in order to fulfil the brief

• Purchasing of Stock images or Video must be made by the client separate to any website quote

• Purchasing of any third party plugins must be made by the client separate to any website quote

• The client will be responsible for ongoing costs including website hosting and domain name registration

Domain Names

GOBO Creative Ltd will not purchase domain names on behalf of the Client. Payment and renewal of those domain names is the sole responsibility of the Client. The loss, cancellation or otherwise of the domain brought about by non or late payment is not the responsibility of GOBO Creative Ltd. The Client should keep a record of the due dates for payment to ensure that payment is received in good time.

GOBO Creative Ltd will require your log in details to the domain name provider in order to make updates to records pertaining to the website.

The Client agrees that information submitted for registration of domain names is then available to the general public via the Nominet Whois system. However, Clients who are using their website for non-trading purposes may ask the third party registrar for their contact information not to be included in the Nominet Whois system.

Liability

GOBO Creative Ltd 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 GOBO Creative Ltd 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.