Terms and Conditions
Any person or company (the ‘Client’) using the services provided by ‘Wynne Marketing’ agrees to the following terms and conditions as below.
- Design Process
1.1 After agreeing a brief, Clients may request up to 3 revisions of their design using the feedback and revisions form supplied.
1.2 If the design no longer meets the brief in Wynne Marketing’s reasonable opinion due to changes made by the Client, Wynne Marketing may submit a new brief and associated cost to the Client for their re-approval, before further work is undertaken.
1.3 The design process will end once the Client has approved the final design by email. Once approved, full payment is required in cleared funds. When received Wynne Marketing will send all required files to the Client as soon as practical following a request.
1.4 All liabilities for errors, changes, or alterations become the responsibility of the Client, once a design has been approved.
- Website Hosting and Management
- Websites procured or designed by Wynne Marketing are hosted and managed by Brand9.
- The Client agrees that all websites designed will be hosted by Brand9 for a minimum of one year, from go live date of website.
- The Client will be invoiced for the following year’s Annual Management Fee a minimum of 30 days before the end of the relevant year. Annual Management Fees are non-refundable.
2.3 The Client must pay the Fee before the end of the relevant year in cleared funds for their website to continue to be hosted and managed by Wynne Marketing.
2.4 Wynne Marketing may remove a website from the internet if the Annual Management Fee has not been paid.
2.5 Wynne Marketing must be given a minimum of 30 days’ written notice if the Client wishes to move the hosting of their website to another company. If Wynne Marketing receives notification from the Client of a hosting move, Wynne Marketing will continue to host the site until the Client has completed the transfer, unless requested otherwise in writing by the Client, at a daily rate of £5 for each day the site is hosted after the expiry date of the Annual Management. Any costs, errors or downtime incurred during the transfer of the website or domain name to another company are the responsibility of the Client.
2.6 The Annual Management Fee includes payment for website hosting and other features Wynne Marketing decides to include at its absolute discretion.
2.7 Wynne Marketing cannot accept any liability for downtime, errors or losses incurred by the practices of Brand9.
3.1 Brand9, as requested by Wynne Marketing, will set up the Client’s email inboxes with their hosting provider as agreed in the brief and provide the relevant passwords for the Client to set up their own email accounts on their various devices. Additional help may be available by agreement, but may be chargeable.
3.2 It is the client’s responsibility to back up their emails prior to the new email account creation and on an ongoing basis. Wynne Marketing or Brand9 do not archive client emails on their server.
3.3 Wynne Marketing or Brand9 cannot accept any liability for emails that may have been erased, unsent or not received during transfer or at any other time, due to issues with the hosting provider or otherwise.
- Domain names
4.1 Domain names managed by Brand9 on behalf of Wynne Marketing will automatically be renewed and an invoice sent to the Client if required. If the Client no longer wishes to keep a domain name then it is their responsibility to notify Brand9 or Wynne Marketing by email. Domain names purchased by the Client are the responsibility of the Client to renew.
- Consultancy Services
5.1 All Consultancy Services will be carried out with reasonable skill and care.
- Fees, payment and expenses
6.1 Before commencement of work, the Client must return the acceptance attached and pay the fee deposit stated, which is non-refundable.
6.2 Any design work requested by the Client in addition to the original brief shall, once accepted by Wynne Marketing, be chargeable at one of the standard rates.
6.3 For websites designed by Wynne Marketing or Brand9, any outstanding invoices must be paid before the website goes live. If the Client decides they no longer want the website, as they have commissioned the work and paid a deposit they are still obliged to pay for the work that has been done.
6.4 If full payment has not been received within 30 days of the invoice date Wynne Marketing and Brand9 may immediately suspend carrying out any further work and/or take legal action to recover overdue payments, interest will be charged at the rate set by the Late Payment of Commercial Debts (Interest) Act 1988.
6.5 The Client agrees to pay reasonable expenses incurred by Wynne Marketing or Brand9 provided prior approval has been given. For larger expenses Wynne Marketing and Brand9 may require the Client to pay in advance.
- Client Privacy
- Intellectual Property
8.1 The Client will ensure that any images or copy supplied to Wynne Marketing by the Client for use in its designs, or any final design supplied by Wynne Marketing used in the name of the Client, will not infringe the copyright or other intellectual property rights of any third party.
8.2 The client will indemnify and hold harmless Wynne Marketing against any claims, damages, costs or expenses incurred in relation to any such breach referred to in 8.1 and no refunds will be made.
8.3 On the date of the website going live and payment in cleared funds being received, the ownership and copyright of the final website and of the domain name/s acquired is hereby agreed to be assigned to the Client.
8.4 The Client agrees that Wynne Marketing may publish or reproduce any of its designs, include its name on design work and add a link to its website, for promotional purposes. This right shall subsist after the assignment referred to in 8.3 and the Client hereby grants an irrevocable, perpetual, royalty free licence to Wynne Marketing for the stated purpose.
8.5 Wynne Marketing may refuse to handle in any way, material which may be deemed by Wynne Marketing as offensive, illegal or in any way controversial, and in Wynne Marketing’s absolute discretion and on immediate notice may terminate any service in such circumstances, in which case the Client will not be entitled to any refund.
- Liability Limitation
Wynne Marketing will not be liable for any losses, cost claims, expenses, damages or loss of earnings claims arising directly or indirectly as a result of the Client not making payment on time, missing a deadline or providing necessary information or communication to progress their project.
9.2 Web hosting and management
Wynne Marketing and Brand9 will not be liable for any losses incurred by the Client due to their website being removed from the internet as a result of non- payment or late payment or due to their website being unavailable, slow or any other technical issues or errors.
Wynne Marketing and Brand9 will not be liable by the Client for any losses incurred due to error, malfunction or removal of websites caused by third parties, including but not limited to hacking, failure or change of any plug-in or other third party controlled element which forms part of the website or otherwise.
Wynne Marketing and Brand9 will use reasonable endeavours to identify an appropriate remedy in such a case, but unless otherwise agreed this service will be chargeable.
9.4 Consultancy Services
Wynne Marketing will not be liable to the extent that any losses have been caused by reliance on information or actions by the Clients or any third party.
In any event Wynne Marketing’s liability for all services provided shall not exceed all fees received from the Client in aggregate during the 12 month period immediately prior to the Client notifying Wynne Marketing of its intention to make a claim.
10.1 Sub-contracting: Any services which need to be sub contracted to third parties by Wynne Marketing shall only be contacted after having first been discussed with and having received written approval from the Client.
10.2 Confidential information: Wynne Marketing shall not either during the engagement or at any time after use or disclose to any third party (and shall use its best endeavours to prevent the publication and disclosure of) any Client information which can reasonably be considered as confidential. This restriction does not apply to:
10.2.1 any use or disclosure authorised by the Client or required by law; or
10.2.2 any information which is already in, or comes into, the public domain otherwise than through Wynne Marketing’s unauthorised disclosure.
10.3 Data Protection Act: Wynne Marketing will comply with all relevant laws in relation to protecting the data owned or processed by the Client which comes into its possession.
10.4 Independent Contractor: Wynne Marketing is an independent contractor and not an agent, partner, worker or employee of the Client and consequently does not have authority to bind the Client other than as expressly agreed.
10.5. Entire agreement: The signed Client proposal together with these terms and conditions constitute the entire agreement between the parties. No other condition, warranty or representation, whether express or implied will form part of this agreement or be of effect in relation to it unless it is reduced to writing and incorporated into this agreement.
10.6 Governing Law: English law shall govern this agreement and the parties submit to the exclusive jurisdiction of the Courts of England and Wales.
10.7 Substitutability: Wynne Marketing may, with the prior written approval of the Client appoint a suitably qualified and skilled Substitute to perform the services instead of Amanda Wynne Evans.
‘Wynne Marketing’ is a trading name of Amanda Wynne Evans Ltd, a company registered in England and Wales under number 10406344, whose registered office is at The Coach House, 25 Rhosddu Road, Wrexham, United Kingdom, LL11 1EB.
Last updated: 25th March 2018