terms &
conditions

General

The following terms and conditions apply to all website development / all design services provided by Headvibe to the Client.

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 then the Client will be deemed to have satisfied themselves as to the terms applying and have accepted these terms and conditions in full.

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.

Charges

Charges for services to be provided by Headvibe are defined in the project quotation that the Client receives via e-mail. Quotations are valid for a period of 30 days.

Unless agreed otherwise with the Client, all website design services require an advance payment of a minimum of thirty three (33) percent of the project quotation total before the work is supplied to the Client for review. A second charge of thirty three (33) percent is required after the development stage, with the remaining thirty three (33) percent of the project quotation total due upon completion of the work, prior to upload to the server or release of materials.

Payment for services is due by bank transfer. Bank details will be made available on invoices.

Client Review

Headvibe will provide the Client with an opportunity to review the appearance and content of the website during the design phase and 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 Headvibe otherwise within ten (10) days of the date the materials are made available to the Client.

Turnaround Time and Content Control

Headvibe will install and publicly post or supply the Client's website by the date specified in the project proposal, or at date agreed with Client upon Headvibe receiving initial payment, unless a delay is specifically requested by the Client and agreed by Headvibe.

In return, the Client agrees to delegate a single individual as a primary contact to aid Headvibe with progressing the commission in a satisfactory and expedient manner.

During the project, Headvibe will require the Client to provide website content; text, images, movies and sound files

Failure to provide required website content

If you agree to provide us with the required information and subsequently fail to do within 14 days of project commencement we reserve the right to close the project and the balance remaining becomes payable immediately. Please do not give us the go ahead to start until you are ready to do so.

Payment

Invoices will be provided by Headvibe upon completion but before publishing the live website. Invoices are normally sent via email; however, the Client may choose to receive hard copy invoices. Invoices are due upon receipt. Accounts that remain unpaid thirty (30) days after the date of the invoice will be assessed 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.

Additional Expenses

Client agrees to reimburse Headvibe for any additional expenses necessary for the completion of the work. Examples would be purchase of special fonts, stock photography etc.

Compatibility

Headvibe makes 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, Firefox, Edge, Google Chrome, etc.). Client agrees that Headvibe cannot guarantee correct functionality with every available browser software across every operating system available.

Headvibe cannot accept responsibility for web pages which do not display acceptably in new versions of browsers released after the website have been designed and handed over to the Client. As such, Headvibe 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.

Default

Accounts unpaid thirty (30) days after the date of invoice will be considered in default. If the Client in default maintains any information or files on Headvibe's Web space, Headvibe will, at its discretion, remove all such material from its web space. Headvibe is not responsible for any loss of data incurred due to the removal of the service. Removal of such material does not relieve the Client of the obligation to pay any outstanding charges assessed to the Client's account. Cheques returned for insufficient funds will be assessed a return charge of £25 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 Headvibe reasonable expenses, including legal fees and costs for collection by third-party agencies, incurred by Headvibe in enforcing these Terms and Conditions.

Termination

Termination of services by the Client must be requested in a 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 work completed to the date of first notice of cancellation for payment in full within thirty (30) days.

Termination of services by Headvibe - We reserve the right to terminate any and all services provided to a client at any time with a notice period of 90 days. When this happens we will instruct you the client of our intention to terminate the services we provide in writing - the 90 day period will start from the date of the letter sent. The 90 day period will allow the client ample time to make other arrangements for the provision of these services. This applies to hosting, social media management, email services, contact form services or any other service you have asked Headvibe to provide you with. Headvibe cannot be held responsible for any loss to the client whether financial or otherwise arising from our termination of  services.   

Indemnity

All Headvibe services may be used for lawful purposes only. You agree to indemnify and hold Headvibe 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 data, files and graphic logos provided by the Client, and grants Headvibe the rights to publish and use such material. The Client must obtain permission and rights to use any information or files that are copyrighted by a third party. The Client is further responsible for granting Headvibe permission and rights for use of the same and agrees to indemnify and hold harmless Headvibe from any and all claims resulting from the Client's negligence or inability to obtain proper copyright permissions. A contract for website design and/or placement shall be regarded as a guarantee by the Client to Headvibe that all such permissions and authorities have been obtained. Evidence of permissions and authorities may be requested.

Standard Media Delivery

Unless otherwise specified in the project quotation, this Agreement assumes that any text will be provided by the Client in electronic format and that all photographs and other graphics will be provided electronically in .gif, .jpeg, .png or .tiff format.

Design Credit

A link to Headvibe will appear in either small type or by a small graphic at the bottom of the Client's website. The Client also agrees that the website developed for the Client may be presented in Headvibe's portfolio.

Access Requirements

If the Client's website is to be installed on a third-party server, Headvibe must be granted temporary read/write access to the Client's storage directories which must be accessible via FTP. Depending on the specific nature of the project, other resources might also need to be configured on the server.

Post-Placement Alterations

Headvibe cannot accept responsibility for any alterations caused by a third party occurring to the Client's pages once installed. Such alterations include, but are not limited to additions, modifications or deletions.

Domain Names

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

General Acceptance

These Terms and Conditions supersede all previous representations, understandings or agreements. The Client's signature, acceptance via email or payment of an advance fee constitutes agreement to and acceptance of these Terms and Conditions. Payment online is an acceptance of our terms and conditions.

Social Media Management

Social Media Marketing and Management is defined as helping a client to promote their products or services through social media channels. Wombat Creative will honour the components of your chosen social media package, providing an agreement to a minimum 3 months contract is served and monthly payments are received in advance. In the event that payment is not received on time, we regret that further work will be halted until this is rectified.

Liability

Headvibe 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.

Severability

In the event any one or more of the provisions of this Agreement shall be held to be invalid, illegal or unenforceable, the remaining provisions of this Agreement shall be unimpaired and the Agreement shall not be void for this reason alone.

Refund Policy

Once a contract has been entered into no refunds can be granted.

Intermediate Source Files

All prices quoted and charged for website design, video production, advertising design and print and display design only include the cost of the design service supplied and production of the final product files and documents. This includes final print ready files, final video files, final digital advertising files and final PDF files for display printing, digital printing or lithographic printing purposes. Quoted and charged prices DO NOT INCLUDE supplying or ownership of any intermediate source files such as QuarkExpress documents, Adobe InDesign files, Adobe Premier source files or any other intermediate files or documents that were used in the production of the final product for the client - These intermediate source files remain the sole property of Headvibe and may only be released at our discretion and upon request. Releasing of source files if granted will incur a fee payable by the client.

Complaints

If you think we're doing something wrong, we will take it seriously. A complaint is a formal expression of dissatisfaction about the standards of service, actions or lack of action by us. To make a formal complaint please write to the Complaints Officer at: Flat 1, 70 Warrior Square, Hastings, TN37 6BP

Governing Law

All parties agree that the law of England and Wales will govern the performance and interpretation of these terms and conditions agreement and any disputes arising from them.