General Terms & Conditions
This Agreement is enforceable in Law and is not subject to cancellation or termination except by these terms and conditions; For the use of Novo Creative. In these Terms and Conditions “we, our, us, the Company, Novo Creative” refers to “Novo Creative”. “The Website” refers to your created website, any sub-domains, your administration system provided by Novo Creative, and any website hosted by Novo Creative.
Novo Creative will carry out work only where an agreement is provided either by email, telephone, mail or fax. Novo Creative will carry out work only for clients who are 18 years of age or above. An ‘order’ is deemed to be a written or verbal contract between Novo Creative and the client, this includes telephone and email agreements. By making an agreement or ‘order’ you specify that you have read and agree with the terms set out in this document.
Terms Of Business.
1. No work will be started until a 25-50% discount is received. The size of deposit required is subject to the project size and overall cost. The remainder of the agreed balance should be settled within 14 days of the work being complete unless otherwise stated or a monthly payment plan has been agreed. Should a project be cancelled during production, a refund will be offered, less £25.00 per hour of time already logged.
2. You agree that you shall not use the website or our host services for illegal purposes, and will respect all applicable laws and regulations. You agree not to use the website in a way that may impair the performance, corrupt the content or otherwise reduce the overall functionality of the website. You also agree not to compromise the security of the website or attempt to gain access to secured areas or information that you are not permitted.
3. You agree to be fully responsible for any claim, expense, liability, losses, costs including legal fees incurred by us arising from any infringement of the terms and conditions set out in this Contract.
4. Novo Creative will not be liable or become involved in any disputes between the site owner and their clients and cannot be held responsible for any wrong doing on the part of a site owner.
5. It is Agreed and Declared that this Contract contains all terms and conditions between the parties hereto and Novo Creative have made no warranty (oral or otherwise) except as expressly stated herein, and it is further agreed and declared that no monopoly rights shall be enjoyed by the Client unless endorsed on this Contract and initialled by Novo Creative’ Agent.
6. Whilst Novo Creative recommends hosting companies to host websites, no guarantees can be made as to the availability or interruption of this service. Novo Creative cannot accept liability for losses caused by the unavailability, malfunction or interruption of this service, or for loss of turnover, sales, revenue, profits or indirect, consequential or special loss.
7. Novo Creative will endeavour to ensure that any developed/designed site or application will function correctly on the server it is initially installed in and that it will function correctly when viewed with a variety of web browsing software; but cannot guarantee the same level of functionality over all browsers, devices or operating systems.
8. All Web Domain names are on a twelve month basis. If no action is taken by the client given the notice of renewal, domain names will automatically cancel and will be available in the open market again. Associated sub domains and email addresses will be unrecoverable. I agree to endeavour to provide reasonable notice prior to this taking place.
9. Novo Creative will under no circumstances be liable for indirect, special, or consequential damages including any loss of business, revenue, profits, or data in relation to your use of the website.
10. Subscriptions to the Novo Creative system operate on minimum Contract Term of 12 months. Should a client wish to cancel their subscription, confirmation of this must be sent in writing recorded delivery to the registered business. You will be notified of your renewal two months before the end date of your subscription. You will then be given the opportunity to renew your website and hosting package for 5% of the initial cost.
11. You will be given access to upload content to your website, I cannot be held responsible for irresponsible use of this and unless contractually obliged I may not be available to make any fixes should you cause any damage to the layout of your website; though this is unlikely to happen due to access restrictions.
12. If due to any circumstances Novo Creative experiences an unforeseen technical fault, Novo Creative shall reimburse the client the proportion of the subscription paid for the time lost, if downtime is over 12 hours.
13. If due to any circumstances Novo Creative ceases to operate, Novo Creative reserves the right to transfer the contract to an alternative system or service provider of equal quality to fulfil the remainder of the agreed contract.
14. If the client should fail to make any payment or instalment in relation to the agreed minimum 12 month contract term where applicable, or any other period when due here under then the whole of the balance outstanding under this Agreement shall immediately become due and payable, plus costs of collection. Interest is calculated monthly and charged on the total amount outstanding. The current rate of interest being 8% above the Barclays Bank Base Rate. The client hereby consents to the jurisdiction of Blackwood County Court for the resolution of any disputes hereunder.
15. Novo Creative reserves the right to apply a surcharge of up to £25.00 for any of the following; a. Unpaid, returned or recalled Direct Debits b. Rejected or unauthorised Credit Card Payments c. Unpaid, returned or recalled Cheques d. Unpaid, returned or recalled bankers orders e. letters sent as a breach of this contract.
16. If payment of an instalment hereunder is not made on the due date (where applicable) then Novo Creative have a right to withdraw the Web Hosting Service provided to the client. The client shall nevertheless remain fully liable for the total contractual vale outstanding under this contract.
17. All intellectual property of Novo Creative such as trademarks, trade names, patents, registered designs and any other automatic intellectual property rights derived from the aesthetics or functionality of the Website remain the property of Novo Creative .
18. By using these Services you agree to respect the intellectual property rights of Novo Creative and will refrain from copying, downloading, transmitting, reproducing, printing, or exploiting for commercial purpose any material contained within the Website.
19. The information is provided on the understanding that the website is not engaged in rendering advice and should not be wholly relied upon when making any related decision.
20. The information contained with the website is provided on an “as is” basis with no warranties expressed or otherwise implied relating to the accuracy, fitness for purpose, compatibility or security of any components of the Website.
21. We do not guarantee uninterrupted availability of the www.novocreative.wales Website and cannot provide any representation that using the Website and its hosting services will be error free. We reserve the right to change this website without prior notice.
22. A 12 month domain/hosting term will begin when the domain name is registered, as opposed to when the final product is produced. You will be provided with a renewal date for your services as agreed. The amount outlined in the agreement should be paid on or before the date given. Failure to do so will result in your domain being cancelled and your website being lost.
23. The website may contain hyperlinks to websites operated by other parties. We do not control such websites and we take no responsibility for, and will not incur any liability in respect of, their content. Our inclusion of hyperlinks to such websites does not imply any endorsement of views, statements or information contained in such websites.
24. You may not allow any third parties access to your administration system. If any provision of this Contract is held to be invalid or unenforceable, such provision shall be struck out and the remaining provisions shall remain in force.
25. Novo Creative reserves the right to obtain Business and Customer Credit Rating results on any Client.
26. Should Act of God, War of the Queens enemies or Act of Parliament or other Government Action , strike action, postal delay, extreme weather conditions, force majeure, disaster conditions or any other reasons beyond the control of Novo Creative , then Novo Creative shall be excused from carrying out the conditions on this Contract until a normal situation has returned.
27. Minor Updates will be provided to the Client Free of Charge. Minor updates relate to the amendment of text. A minor update shall not amount to more than 150 words per week. Any additional words shall be deemed additional work and will be subject to a further administrative fee. Clients who have chosen to purchase from Novo Creative a “stand alone website package” will not be entitled to free minor updates and will be subject to additional administrative fees as agreed with Novo Creative.
28. Novo Creative reserves the right to charge additional fees for images that must be sourced on behalf of the Client.
29. The Client agrees to provide Novo Creative with the relevant text and image content within the time frame agreed. Novo Creative cannot be held responsible for failing to meet deadlines if the information provided by the Clients is late or if additional material or clarification is requested by Novo Creative within the timescale agreed.
30. On Finalisation of work Novo Creative will provide it its client one design and each client is offered the possibility of two small revisions. Extra revisions can be provided for an additional administration fee.
31. Once a website has been designed and completed the final balance of payment is then due in accordance with our payment terms. There are no exceptions to this, i.e. If the client decides they no longer want the site, as they have commissioned the work and paid a deposit they are still obliged to pay for the work that has been done. Non payment will result in legal action being taken if necessary.
33. This Contract will be governed by the laws of England and Wales and any user of the Website hereby agrees to be bound exclusively by the jurisdiction of English courts without reference to rules governing choice of laws.
34. Novo Creative will not be liable or become involved in any disputes between the site owner and their clients and cannot be held responsible for any wrong doing on the part of a site owner.
Anyone who experiences a problem with their web service provided by Novo Creative should raise the matter directly using our online contact form to do so, giving sufficient information to locate the material (such as a url) and clearly outlining the grounds for complaint. Novo Creative will approach the individual responsible for the material in question with a view to resolving the matter to the satisfaction of the complainant.
Formal complaints procedure
The formal complaints procedure should only be used where the complainant feels that the nature of the complaint is too serious to be dealt with informally, or where a satisfactory conclusion has not been reached after following the informal procedure. A formal complaint should be made in writing to Novo Creative who will acknowledge receipt and ensure that the matter is looked into as soon as possible.
An initial response to any complaint can be expected within seven days of its receipt; a full and considered response to the complaint should be completed within 30 days and any subsequent remedy implemented with the minimum of delay.