Oystercatcher creative is the trading name of Oystercatcher design Ltd
These Terms and Conditions apply to business carried out by Oystercatcher Design Ltd ('oystercatcher') in respect of its customers ('the clienť).
All Clients that employ the design services of Oystercatcher Design Ltd, and clients that use services provided by Oystercatcher, by acceptance of Oystercatcher's employment, or by use of such services, accept the following terms set out in this agreement, irrespective of the mode or manner of engagement employed by the user when ordering the services / design work.
The following constitute the terms and conditions under which Oystercatcher Design Ltd trades and supplies its services / design work. These conditions, in conjunction with the details as shown on any other additional written agreement related to this contract, represent the totality of the agreement and form the Contract between Oystercatcher Design Ltd and the Client. Any agreed variation or alteration to part of these terms and conditions as annexed to this Contract will not invalidate the remainder of the whole.
Oystercatcher Design Ltd - Responsibilities;
Oystercatcher shall undertake any work on behalf of the client in 'good faith'.
Any design work will be carried out according to these stated 'terms & conditions'.
Any specific client requirements will be outlined in a written agreement.
Oystercatcher shall endeavour to provide expertise & technical support as required.
Oystercatcher shall endeavour to develop an ongoing business relationship.
Client - Responsibilities;
The Client shall have read and understood these stated 'terms & conditions'.
The Client shall provide all necessary information (text and graphic) for the website / other design work within a reasonable timeframe.
Below is Oystercatcher Design's standard design payment structure. This will be the norm for all design work undertaken, unless specified differently in a written agreement.
30% non-refundable deposit payable on engagement. With the balance of the design cost to be paid at the completion of the design work. Note: A progress payment of 50% of the balance of design cost will be required if the design work goes over one month.
General Payment Details;
All payments must be settled in full by cash, cheque, Automatic Payment or Telephone / Internet Banking.
All prices and specifications are subject to change without notice. E&O.E
All Maintenance, Website updates and Technical Support Payment is payable within 7 days from the date of the invoice.
Web Hosting Payment Details;
You will be billed for web hosting in advance from the day that your web site goes live. You can request to cancel your web hosting at any time; the cancellation will take effect from the last day of the current payment. We do not pro-rata accounts, no refund is available if you request your account be cancelled a few days or weeks into your current payment.
lf you find that you are unable to pay your account, you need to let us know as soon as possible to make an arrangement. lf no contact is made, and your account goes into arrears, we will suspend your website until payment is received. Under our terms and conditions, all related costs are recoverable from you.
The Consequence of Non-payment;
An additional 5% penalty fee will be added to any outstanding monies over 30 days, unless prior arrangements have been made. Oystercatcher Design Ltd reserves the right to notify and subsequently withdraw any services provided to 'the Clienť on default of any due payment.
Oystercatcher Design Ltd reserves the right to seek payment of any outstanding monies through the services of debt collection agencies. In addition to penalty fees as noted, 'the Clienť will be liable for all costs associated with the collection of outstanding monies. This applies to all services / design work carried out by Oystercatcher Design Ltd.
All work is undertaken on behalf of 'the Clienť is in good faith but can only be provided through information supplied by 'the Clienť. lt is agreed that 'the Clienť, not Oystercatcher Design Ltd has the absolute discretion on the design, maintenance and ongoing services provided by Oystercatcher Design Ltd.
No purported claim or dispute raised by 'the Clienť shall be grounds for 'the Clienť withholding or offsetting any payment due to Oystercatcher Design Ltd. 'The Clienť hereby indemnifies Oystercatcher Design Ltd for any loss, damage or costs, regardless of cause, that 'the Clienť may incur or become liable, due to any consequence of the services / design work provided by Oystercatcher Design Ltd.
Our website hosting is provided by a 3rd party web hosting provider Oystercatcher Design Ltd has made all reasonable endeavours to choose a reliable, stable provider. The server and the services (including email accounts, email forwarding, domain services, secure servers, database facilities) are provided to the client 100% of the time, but because the services are provided by means of computer and telecommunications systems, Oystercatcher Design Ltd makes no guarantees or representations that the service will be uninterrupted or error free and Oystercatcher Design Ltd shall not, in any event, be liable for interruptions of service, downtime of the server, or any failure of the hosting providers services.
The web hosting provider’s system is highly secure from the actions of hackers, viruses, worms, trojan or corrupt data, and any other related problems on the internet but Oystercatcher Design Ltd make no guarantees of security, and shall not be liable if the web hosting provider’s system is compromised, as Oystercatcher Design Ltd are not responsible for any adverse effects that may be caused.
Until final payment is received Oystercatcher Design Ltd will retain all intellectual rights of any design work undertaken. All design work carried out by Oystercatcher Design Ltd will remain the property of Oystercatcher Design Ltd until completion of the work and final payment is received.
Any lmages supplied by Oystercatcher Design Ltd or any images, text, or any other data supplied to Oystercatcher Design Ltd, by 'The Clienť grants permission to use this material freely in the pursuit of the project development. Should Oystercatcher Design Ltd, or 'The Clienť supply an image, text, audio clip or any other file for use in a website, multimedia presentation, print item, exhibition, advertisement or any other medium believing it to be copyright and royalty free, which subsequently emerges to have such copyright or royalty usage limitations, the customer will agree to allow Oystercatcher Design Ltd to remove and/or replace the file on the site.
'The Clienť agrees to fully indemnify and hold Oystercatcher Design Ltd free from harm in any and all claims resulting from the customer not having obtained all the required copyright, and/or any other necessary permissions.
'The Clienť shall not be entitled to use any of the trademarks, logos, brand names, domain names or other marks of Oystercatcher Design Ltd without the prior approval of Oystercatcher Design Ltd.
Web Maintenance Terms and Conditions;
All written website maintenance agreements shall remain in force from the date of the agreement being signed, unless superseded by another signed mutual agreement or terminated by mutual agreement.
Oystercatcher Design Ltd reserves the right to recover any outstanding monies due at the time of termination as outlined above. 'The Clienť is responsible for providing all the relevant information for web maintenance / updates.