Like Wildfire Services - Terms and Conditions
Important: Please read these terms and conditions carefully, as they are binding upon you. It is Like Wildfire 's policy to strictly enforce the terms of this Agreement in the event of any dispute. By requesting or using the services of Like Wildfire, you agree to be bound by this agreement and confirm your acceptance of it.
Like Wildfire Services include Graphic Design Services, Domain Name Registration, Web Site Design, ecommerce and Web Space, printing marketing and related services. Use of Like Wildfire's service is at all times subject to the terms and conditions of this agreement. By Using or requesting Like Wildfire services in any capacity or form, you confirm acceptance of and agree to be bound by this agreement.
2. Information you (the client) provide.
- The client warrants that it possesses the legal right of ability to enter into this agreement whether on the clients own behalf or on behalf of a company/organisation the client represents. The client agrees to be responsible for the use of Like Wildfire and to comply with the obligations contained in the terms and conditions. The client warrants that the information provided to us with is true and accurate and that the client will notify Like Wildfire of any changes of name, address and payment details.
- Where we are required to use supplied information, it is the client(s) responsibility to ensure accuracy of all supplied information. Company Logos: If these are to be provided for use, please supply them editable is available and Hi-Res (300dpi). Full contact details including post codes. Full contact Numbers including office telephone number(s), fax and any other contact numbers you wish to include. Full email & web address: Copy / Text / Straplines: Full copy for publications or leaflets. 3. Use of services
- The client agrees to keep secure the Like Wildfire login information including password and other confidential information relating to any account for Web Space or other system.
- Where Design Services are not taken, the client is entirely responsible for the content of its Web Space. Like Wildfire does not monitor the contents of client's pages.
- The client may not use the Like Wildfire service in order to do any of the following: engage in illegal or unlawful activities, make available material protected by intellectual property laws, copyright or by rights of privacy, unless the client owns or controls the rights thereto or have the consent required to do so. The client may not publish or distribute anything that is defamatory, obscene, indecent, or unlawful. The client may not violate the legal rights of others. The client is entirely responsible for any civil or criminal liability which is incurred as a result of the use of our Web Space.
- The client is liable for any reasonable legal costs incurred by Like Wildfire caused by the content of Web Space and agrees to indemnify us for any awards made against us by a court of law.
- The price agreed will include all artwork and design from start, to print-ready artwork. (As agreed in original specifications).
- Quotes include the following:
- All designs will be developed to your requirements as outlined in detail in the quote.
- Typesetting and design following approval of chosen designs.
- Image manipulation to enhance photographs or create backgrounds etc. where required - if agreed in original quote, if in addition to original quote we will add the studio time for editing to the final invoice.
- Final proofs for sign off will be supplied as PDF or full colour printed studio proofs if requested, which are for position and content only. NOT 100% COLOUR ACCURATE.
- Checking the work for errors, throughout production, although The Client has final responsibility to approve final artwork.
- Match Proof Amendments: If required, once we have seen the printers’ match proof, we will include the cost of amendments should they be required, where such amendments are agreed to be a result of error in our design department. ALL AMENDMENTS AND UPDATES WHICH ARE REQUESTED AFTER ARTWORK HAS BEEN APPROVED AND THE MATCH PROOF HAS BEEN PRINTED AND SUPPLIED WILL BE CHARGED EXTRA @ OUR CURRENT HOURLY RATE.
- Any enhancements required to perfect the quality of the production, which may only become apparent at the match proof stage, will also be included in the price unless they are advised to be the result of a problem in the printing process or if they are a result of opinion rather than error correcting. (Please see disclaimer).
- Additional design requirements will be chargeable as follows:
- We will honour the quoted figure, final amendments to copy etc. will be included in this final price. Should any cost-incurring matters arise throughout the duration of the job, we will inform you immediately.
- Extra Studio Time: The Original Quote may cover up to 1 hour of additional work, once the design is complete and the job is considered to be ready for print. This may involve re-writing of copy or enhancing images etc. (where the alterations will not disrupt the design of the whole publication/suite of items). Alterations that involve more than 1 hour of extra work, will incur extra costs charged at our current studio rate, we will always discuss additional charges with you first.
- Supply of Artwork: We will require the client to sign a print authorization form or reply with their approval to an email specifically detailing final proof artwork, prior to releasing the artwork for print. This ensures that both parties have thoroughly checked the proofs and are satisfied that they are ready to go to press. Once each job has been approved and signed off, Like Wildfire cannot be held financially responsible for any copy or image errors discovered during or post printing. * IT IS THE CLIENT’S RESPONSIBILITY TO ENSURE ALL COPY, SPELLING AND CONTENT IS CORRECT AND THAT ALL IMAGES SUPPLIED TO LIKE WILDFIRE, BY THE CLIENT, ARE THE PROPERTY OF THE CLIENT AND THAT THE CLIENT HAS FULL COPYRIGHT TO USE THE IMAGES SUPPLIED FOR THE PURPOSE FOR WHICH THEY ARE INTENDED.
4. Termination and suspension of services by Like Wildfire
- Like Wildfire may suspend or terminate the client's service or remove any development, design, data or code from a site hosted on our servers or not, at any time without prior notice should the client fail to comply with these terms and conditions Like Wildfire requires one month's notice in writing for cancellation of hosting services by our clients. Where Like Wildfire terminates a client's service for failing to comply with the terms and conditions, you will not be entitled to any refund of monies paid.
- Like Wildfire reserves the right to terminate a development project or all development projects with a client at any point during its /their development, if Like Wildfire deems it appropriate to do so. In the event of a project cancellation on the part of Like Wildfire ownership of any work already done shall be transferred to the client, and the client shall invoiced for the amount of work already done, based on a percentage of the original quote or in hours accumulated on a project. Like Wildfire reserves the right to suspend all development projects, hosting arrangements or other services with a particular client if Like Wildfire deems it appropriate to do so, for reasons which might include inappropriate or unprofessional behaviour on behalf of the client, late settlement of invoices or a lack of confidence in the ability to settle future invoices, questionable project material/content or unreasonable or unrealistic demands made on Like Wildfire or its staff.
5. Payments & Refunds.
Payment is due strictly within 14 days of the invoice date. The client agrees to pay all charges for Like Wildfire services at the prices in effect at the time of payment becoming due. Like Wildfire reserves the right to alter or amend charges on giving not less than 14 days notice.
Print Payments A 100% Balance payment with print order. The printers will start the print production upon receipt of payment. This is due to the nature and value of the work. Orders of goods with a value less than £250 are payable on Delivery.
In accordance with The Late Payment of Commercial Debts Act 1998 interest will be charged on all invoices paid late. Our terms are strictly 14 days from the invoice date. Interest rate applicable will be 2% above base rate pa (proportionately). All work completed and domain names booked remain the property of Like Wildfire until paid in full, if a renewed or newly booked domain name is not paid for within 45 days of the invoice date ownership will be transferred to Like Wildfire.
Like Wildfire reserves the right to suspend or terminate the client's services where payment is not made within 14 days of payment becoming due. The client's services continue to accrue charges while suspended. The Client shall bear the legal cost's incurred by Like Wildfire if an invoice is not paid after 14 days. A transfer payment will be due for any requested for domain hosting transfer at least 7 days notice must be given, the domain transfer is carried out on the nearest Friday to receiving full information to effect the transfer. If a quicker service is required or less than 7 days notice is given, an additional administrative charge will be made.
Domain names and hosting packages are booked for 12 months in advance with our suppliers and no refunds can be offered on these services. In the event of a project cancellation during development on the part of the client a cancellation fee of 75% of the original quote will be made if, with no breach of this Agreement on the part of Like Wildfire, the contract is terminated or cancelled by the client at any point from a go-ahead up to 50% of project completion. From 50% complete to 100% complete, 100% of the original quote will be invoiced for. Regardless of the level of project completion, if a project is terminated or cancelled by the client without a breach of this Agreement on the part of Like Wildfire, the intellectual property rights, ownership and copyright for any work already completed on the project will remain with Like Wildfire. Once a project has been completed and approval given to launch the website no design or programming refunds can be given.
6. Limitation of Liability.
- Like Wildfire will at all times endeavour to provide an uninterrupted and error free service, however Like Wildfire has no obligation, duty, liability or otherwise beyond that of a duty to exercise reasonable skill or care. Like Wildfire is in no circumstances liable in contract or otherwise for direct or indirect loss of profits, savings or for any economic or consequential loss whatsoever arising from the use of Like Wildfire's services.
- In the event Like Wildfire are deemed liable, Like Wildfire's liability shall be limited as a maximum to the amount the client has paid in respect of the service for the period in which the incident or incidents occurred.
If any provision in this agreement is judged to be illegal or unenforceable, the remainder will not be prejudiced and will remain valid and in force.
8. Terms for Fixed-Priced Based Contracts
- Quotes for Fixed-Priced Based contacts are offered to the client before work commencement, by either post, email, or verbally. The fixed quote offered will be the exact amount invoiced for.
- During the development of a Fixed-Priced Based contract, deviation from the original website specification by the request of extra features, pages, text, pictures or anything else that was not specifically and entirely requested prior to the original quote, is acceptable and will be processed at the discretion of Like Wildfire but the extra time or costs incurred will be billed for appropriately, at the present hourly rate or by any other applicable means. It is the client's responsibility to enquire if any new requests/changes/upgrades might incur an extra charge and if so at what cost, else the work will be done automatically and billed for appropriately.
- It is the client's responsibility to ensure that the project specification is complete and accurate before a quote is offered.
- Deadlines for Project Completion may be stated by the client, and/or an expected date of project completion may be offered by Like Wildfire. In all cases, Like Wildfire will endeavour to meet such dates, but is in no way liable directly or indirectly, financially or otherwise, by failing to do so. It is the client's responsibility to ensure that adequate leeway is in place to account for any possible delays that could occur, through the fault of Like Wildfire or not.
- Like Wildfire will in most cases, request an external and independent company to carry out a financial audit on any new Like Wildfire client before a quote is offered. Clients found to be in good financial standing, will normally be invoiced for a deposit of 50% of the total project quote, although this value could vary from 0% to 100% at the discretion of Like Wildfire. This deposit will be invoiced for, and cleared payment must be received back from the client before work commences. In normal circumstances, the remaining balance of the original quote will be invoiced for on project completion. In other circumstances (usually with larger contracts), and agreed with the client at the quote stage, payment Milestones may be established at certain points during the project's development where given divisions of the total project quote will be invoiced for.
8.3 General Terms for All Contracts
A cancellation fee of 75% of the original quote will be made if, with no breach of this Agreement on the part of Like Wildfire, the contract is terminated or cancelled by the client at any point from a go-ahead up to 50% of project completion. From 50% complete to 100% complete, 100% of the original quote will be invoiced for. Regardless of the level of project completion, if a project is terminated or cancelled by the client without a breach of this Agreement on the part of Like Wildfire, the intellectual property rights, ownership and copyright for any work already completed on the project will remain with Like Wildfire.
9. Intellectual Property.
All Domain Names are registered by Like Wildfire. No responsibility can be taken for any infringements arising from Domain Name registration. Client's logos, artwork, graphics, photo's etc remain the client's intellectual property. Design and Programming of all source codes, html and graphics are the intellectual property of Like Wildfire.
10. Price/Quote/Tender validity.
Estimates and Quotations are provided subject to signed off functional specification. All prices, quotations communicated are subject to change without notice. Tenders and Quotes are valid for 60 days from the date of the Tender or Quote. Print Tenders and Quotes are valid for 30 days from the date given.
The client agrees that the use of Like Wildfire's service is at all times subject to the terms and conditions of this agreement. By requesting Like Wildfire services, the client confirms acceptance of and agree to be bound by this agreement.
- Like Wildfire are committed to ensuring that all digital files supplied are done so to the highest standard. Every effort is made to eliminate error. Any elements of a supplied job which are a cause for concern at any time during the proofing process, must be raised prior to print, press-pass or other act of commitment to complete.
- When the client has signed-off the artwork, Like Wildfire are legally bound to ensure the files remain in this state. Match proofs, if used, are signed off to the print company/representative and any further issues should be addressed to them. At this point, the job is the responsibility of the printer who is obliged to follow the instructions of the client.
- All last minute alterations suggested by the client or person(s) in charge of managing the print process, must be subject to specific directions and allocated responsibility. Items for correction/alteration which are required to be completed by Like Wildfire must be clearly stated. Wildfire will then complete the requested work which must be signed off again by the client prior to print. Alterations requested after a Print Authorisation Form has been signed and the job has been received by the print company will incur additional fees for studio time and materials.
- Items which are taken on as the responsibility of the print company or person(s) employed to manage the print process, are the responsibility of the printer/manager of the print stage and must be completed and approved by the client prior to print.
- At the point when all print specifications are agreed with the printing company, Wildfire are obliged to follow given advice and instructions outlined by the printer. Like Wildfire cannot be held financially responsible for unexpected complications at print and finishing stages, providing all given instructions are complete, relevant to the job in hand and have been adhered to.
- All Print Quotes are valid for 30 days from quote date. Prices are quoted ex. VAT unless stated.
- Instruction from the client, by any means, written or verbal, is taken as acceptance of these Terms & Conditions. Once the invoice has been raised and the work has started The Client and Like Wildfire are bound by these Terms.
We are be happy to discuss any of these prices and terms with you prior to agreement.
Thank you for your enquiry, we look forward to working with you.
NOTE: These Terms & Conditions may be changed by Like Wildfire at any time and without notice or prior warning.