Terms and Conditions
The following terms and conditions apply to all services offered by Simon Peter Media Ltd (the “Developer” or “Us” or “Our”). By accepting a quote from the developer, you (the “Client” or “You”) are agreeing to the following terms and conditions.
1. General Terms
1.1 It is the responsibility of the Client to ensure that they are up to date with all of our Terms & Conditions.
1.2 It is the responsibility of the Client to ensure any web site, footage, content or design provided is lawful and does not infringe on any copyright or other laws.
1.3 Where the Client provides content (photos, text, video, etc), they are legally responsible for it and must ensure it is lawful and does not infringe any copyright.
1.4 The Developer reserves the right to refuse to work on a website or project judged as unfit due to its content. This includes sites that contain adult material such as pornography, hatred or discrimination.
1.5 A target date of completion can be supplied on acceptance of a contract, however it can not be guaranteed.
1.6 A project will be scheduled according to deadlines provided by the Client (where acceptable). Failure to meet these deadlines from the Client side will result in the project being rescheduled to the next available date.
1.7 The copyright for any material provided by the Client, remains the property of the Client.
1.8 Whilst every effort is made to make websites viewable on the most popular browsers available, responsibility cannot be accepted for sites that do not display correctly on browsers released after completion. Confirmation of a specific browser can be made on express application to the Developer by the Client prior to the work being carried out.
1.9 Once a Client agrees that a site is complete, they are agreeing that the design/development of the site has met with their requirements.
1.10 You have the right to cancel your order at any time. In the event of a cancellation, you will be invoiced for the work already carried out over the initial non-refundable 50% based on the current hourly rate. Where less than 50% of the work has been completed and you cancel, no further payment will be required and no refund will be given.
1.11 Changes made by the Client on a content managed website (such as wordpress) remain the responsibility of the Client. Any errors that require fixing will be chargeable at the usual hourly rate.
1.12 Unless expressly stated otherwise in any quote, included in any project price up to £1,000 is a maximum of 2 hours of alteration work. Projects priced above £1,000 include an additional 2 hours for each £1000 or part thereof. All alterations are to be requested in writing by the Client. The Developer reserves the right to require payment for any further alterations beyond the initial estimate. After the allocated time for alterations is used up, either in design or coding, the Developer reserves the right to advise the Client of such and provide an estimate of additional fees incurred to date and an estimate of fees to compete the additional work on top of the initial Project estimate. The Developer reserves the right to require that payment be received for further alterations before continuing work. Upon completion of the agreed design, the Client will confirm in writing by email or postal mail that the site is signed off as completed.
1.13 If the Client requests design or content alterations to pages that have already been completed, new pages or different functionality other than that specified in the original quotation, the Developer reserves the right to charge separately for these alterations.
1.14 All services provided by Simon Peter Media may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any United Kingdom (or any other country) law is prohibited. This includes, but is not limited to: copyrighted material, material that is threatening or obscene, material that is “adult only” content, or material protected by trade secrets and other statue. The client agrees to indemnify and hold harmless Simon Peter Media from any claims resulting from the use of the service which damages the client or any other party.
1.15 Any estimated timescales provided in quotes, deal memos, contracts or other documents to the Client begin from the time when the final piece of content is provided by the Client.
1.16 Unless otherwise stated in writing and agreed to by Simon Peter Media, any and all content (including but not limited to text, images, audio and video) provided by the Client to Simon Peter Media must be in its final form, and not an in-progress revision or draft. Simon Peter Media will make minor alterations to content once integrated into a website or mobile app, for example if a typography error is identified, but the entire content (or entire pages, sections or paragraphs) will not be replaced by updated versions from the Client.
2. Payment terms
Agreeing to these terms and conditions will not affect your statutory rights.
2.1 An initial non-refundable payment of 50% (or other amount by express agreement in writing) of the quoted price must be provided, before any work will commence.
2.2 The final payment of 50% (or other amount by express agreement in writing) must be paid when the site is live on receipt of invoice.
2.3 All invoices must be paid within 10 days of invoice receipt. This can be in the form of either BACs transfer, cheque, debit or credit card (Paypal – fees apply).
2.4 Late payments will be charged interest at a rate of 10% per month from date of invoice until final payment.
2.5 For clients who pay a subscription for Developer Retainer services for a guaranteed number of developer days per month, one month’s worth of days can be rolled over to the following month if unused. You cannot roll over unused days to the next month indefinitely.
2.6 We design and develop unique, bespoke custom-made, tailored products to fit our Clients’ needs. As a valued Client, you are paying for our time, knowledge, experience and expertise and we want you to be delighted with what we produce for you. We do not simply sell “off-the-shelf” ready-made products which can be returned. Due to the bespoke nature of our products and services, we are not able to offer any refunds in part or total after payment has been made to Simon Peter Media.
3. Hosting Services
3.1 The Client shall pay either monthly or yearly.
3.2 Simon Peter Media aim to provide optimised WordPress web hosting twenty-four hours a day, seven days per week, and three hundred sixty-five days per year with 99.9% uptime (per month)
3.3 Simon Peter Media aim to respond to support issues within 24 hours, Monday to Friday
3.4 Simon Peter Media will continually monitor the health of the cloud-based web hosting infrastructure
3.5 The minimum term is 12 months as a rolling contract.
3.6 If payment is being made monthly Simon Peter Media can withdraw from the agreement at any time with 1 month notice and after the initial 12 month term the Client can withdraw from the agreement with 1 month notice.
3.7 If payment is being made yearly Simon Peter Media can withdraw from the agreement at any time with 1 month notice (and the remaining time will be refunded based a monthly rate). The Client can withdraw from the agreement with 1 month notice, however no reimbursement will be offered.
3.8 Simon Peter Media reserves the right to monitor the Client’s usage of bandwidth usage and System Resource, and reserves the right to throttle or disable applicable functions, or re-assess monthly fee to cover the costs of the extra system resources.
4. Intellectual Property Rights
4.1 All Intellectual Property Rights in pre-existing scripts, objects, routines, sub routines, programme utilities, file structures, coding and other materials provided by and/or used by Us in supplying the Services will remain Our property.
4.2 Any and all Intellectual Property Rights arising from the creation by Us of the Project (including design, graphics, scripts, source code and content software) and any and all Intellectual Property Rights in and to the Source Code shall belong to Us.
4.3 The Client shall take full responsibility for and shall obtain any and all necessary consents and clearances to enable the Client lawfully to make use of all and any Intellectual Property Rights through the Services, including without limitation, clearance and/or consents in respect of the Client’s proposed domain name(s) and in respect of the Content provided to Us for Services, including, where applicable, design of the Website or App.
5.1 The Client hereby agrees to indemnify and keep indemnified Us, Our employees, officers, agents and contractors and hold Us, Our employees, officers, agents and contractors from and against any breach or non-observance by the Client of these Conditions and any claim brought against Us by a third party resulting from the provision of Services by Us to the Client, the Client’s use of the Services and the Server and the Client’s Materials placed on the Website or App including, without limitation, all claims, actions, proceedings, losses, liabilities, damages, costs, expenses (including reasonable legal costs and expenses), howsoever suffered or incurred by Us as a consequence of such breach or non-observance.
6. Force Majeure
6.1 We are not liable for any breach of the Contract or liable for any delay or failure in performance of any part of these conditions and its commitments when arising from or attributable to acts, events, omissions, accidents beyond the reasonable control of Us to perform and without limiting the generality thereof, shall include strikes; lock outs or other industrial action; civil commotion; riot; invasion; war; threat or preparation for war; fire; explosion; storm; flood; earthquake; subsidence; epidemic or other natural physical disaster, the possibility of the railways, shipping, aircraft, motor transport or other means of public or private transport, political interference with Our normal operations.
7. Applicable Law
7.1 These terms and conditions and any contract between the Developer and the Client following hereon shall be subject to Scots law and the parties agree to the sole jurisdiction of Edinburgh Sheriff Court.
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