Terms and Conditions
Any order accepted by Fylde Coast Marketing whether made orally, via email or in writing is subject to these Terms and Conditions. In the event of there being any conflict then these Terms and Conditions shall prevail and shall override any Terms or Conditions stipulated, incorporated or referred to by the Client in this order, correspondence or negotiations or otherwise. Neither Fylde Coast Marketing nor the Client shall be bound by any variation, waiver or addition to these conditions or the terms of order except as agreed by both parties in writing prior to the order being placed.
2. Website Design & Print Design
• Whilst every endeavor will be made to ensure that the website and any scripts or programs are free of errors, Fylde Coast Marketing cannot accept responsibility for any losses incurred due to malfunction, the website or any part of it.
• Any scripts, cgi applications, php scripts, or software (unless specifically agreed) written by Fylde Coast Marketing remain the copyright of Fylde Coast Marketing.
• The website, graphics and any programming code remain the property of Fylde Coast marketing until all outstanding accounts are paid in full.
• Fylde Coast Marketing will not be liable or become involved in any disputes between the site owner and their clients and cannot be held responsible for any wrongdoing on the part of a site owner. eg. Any disputes re content/images that have been provided to us for inclusion on the site.
• Fylde Coast Marketing cannot take responsibility for any copyright infringements caused by materials submitted or used by the client
• The client agrees to make available as soon as is reasonably possible to Fylde Coast Marketing all materials required to complete the site to the agreed standard and within the set deadline
• Fylde Coast Marketing will not be liable for costs incurred, compensation or loss of earnings due to the failure to meet agreed deadlines.
• Fylde Coast Marketing will not be liable for any costs incurred, compensation or loss of earnings due to the unavailability of the site, its servers, software or any material provided by its agents.
• Once a website or print has been designed and completed the final balance of payment is then due in accordance with our payment terms.
• Non payment will result in legal action being taken if necessary. Once full payment is received for a website or design, it is assumed that the project has been completed to the clients satisfaction and no refunds can be offered. We do offer free updates for a month after completion on the website to allow for any final amendments that may be required.
• The client is expected to test fully any application or programming relating to a site developed by Fylde Coast Marketing before being made generally available for use. Where “bugs”, errors or other issues are found after the site is live,Fylde Coast Marketing will endeavor (but is not obliged to) to correct these issues to meet the standards of function outlined in the brief
• The client is expected to check all work carried out by Fylde Coast Marketing for errors such as grammatical or spelling. The client will receive proofs of their work prior to print, if the client is unhappy with any aspect of the work the client must notify Fylde Coast Marketing. Fylde Coast Marketing is not liable for any mistakes on work.
• Fylde Coast Marketing will not be liable for any costs incurred, compensation or loss of earnings due to the work carried out on behalf of the client or any of the clients appointed agents.
• Fylde Coast Marketing cannot take responsibility for any losses incurred by the use of any software created for the client. Whilst every care has been taken to ensure products are problem free and accurate, the ultimate responsibility lies with the client in ensuring that all software is functioning correctly before use.
3. Website Optimization
• Due to external factors, such as changes to the way search engines rank websites, we cannot offer any guarantees regarding the position we will achieve for websites. The process of optimizing websites itself will bring in more traffic and hits and you’ll see visits increase to your site naturally. We cannot accept liablility for any change in rankings, or drop off in the position of your website due to changes in the algorithms of the search engines or the factors that they use to rank websites.
4. Copyrights and Trademarks
• By supplying text, images and other data to Fylde Coast Marketing for inclusion in the customer’s website or other medium, the customer declares that it holds the appropriate copyright and/or trademark permissions. The ownership of such materials will remain with the customer, or rightful copyright or trademark owner.
• Any artwork, images, or text supplied and/or designed by Fylde Coast Marketing on behalf of the customer, will remain the property of Fylde Coast Marketing and/or it’s suppliers.
• By supplying images, text, or any other data to Fylde Coast Marketing, the customer grants Fylde Coast Marketing permission to use this material freely in the pursuit of the design.
• The customer agrees to fully indemnify and hold Fylde Coast Marketing free from harm in any and all claims resulting from the customer in not having obtained all the required copyright, and/or any other necessary permissions.
5. Design Credits
• The customer agrees to allow Fylde Coast to place a small credit on printed material, exhibition displays, advertisements and/or a link to Fylde Coast Marketing own website on the customer’s website. This will usually be in the form of a small logo or line of text placed towards the bottom of the page.
• The customer also agrees to allow Fylde Coast Marketing to place websites and other designs, along with a link to the client’s site on Fylde Coast Marketing own website for demonstration purposes and to use any designs in its own publicity.
• All media releases and public announcements by either party, including promotional or marketing material, shall be co-ordinated with the other party and approved jointly by the party prior to release.
• The client is expected to check all media releases and public announcements carried out by Fylde Coast Marketing. The client will receive proofs of their work, via email or printed if requested. If the client is unhappy with any aspect of the work they client must notify Fylde Coast Marketing.
• Fylde Coast Marketing shall not be held responsible for the use of such material as referred to in by media, once information approved by the client has been submitted to the media.
• If accounts are not settled or Fylde Coast Marketing have not been contacted regarding the delay, access to the related work such as the website may be denied and web pages removed, we will then pass such cases to the Small Claims Court to pursue payment, non payment can result in county court judgements (ccj’s) being added to the clients credit rating.
• Following consistent non payment of an invoice our Solicitors will contact the client in question, with a view to taking the matter further and if need be to seek payment through legal procedures, and if necessary court summons.