Terms & Conditions
Payment for the creation of our websites is due in two simple, distinct phases:
- The first 50% of the website price (+ full price of SSL Certificate, if required) is due upon the client, verbally or otherwise, agreeing upon a design and agreeing that the design shall be coded into a functioning website to which content can be added (which until launch, is hidden from public view and not indexed by the major search engines, although it is available for view by the client and Matlock Web Design during this period).
- The 2nd and final installment is due upon the client agreeing that the website should go live, OR 6 weeks from the date that the first invoice (for payment 1) is issued - whichever comes first.
A contract will exist between Matlock Web Design and the client on payment of invoice or deposit. The invoice will constitute a contract between Matlock Web Design and the client and the invoice/contract will detail products, goods and services provided by Matlock Web Design to the client.
Upon payment of deposit or in full, the client is agreeing to the contract of the above terms and conditions and the verbal agreement between Matlock Web Design and the client.
Matlock Web Design agrees contracts verbally with clients and conducts business based upon the terms and conditions within this page. Any client wishing for a formal, written contract should request this before work commences on any website project, otherwise the client is agreeing to work under the conditions of a verbal agreement/contract. Matlock Web Design reserves the right to charge for the drawing up of a written contract insisted upon by the Client.
We host our websites using 3rd party hosting platforms and reserve the right to change hosting providers at our own descretion without prior warning.
Charges for hosting can fluctuate and payment for hosting is received from the client in advance of the hosting period that is agreed verbally with the client and stated clearly on the subsequent invoice.
Hosting is charged yearly or two-yearly, depending on which 3rd party hosting provider is chosen to suitably fulfill the website's requirements.
Website content updates
Clients have the choice as to whether they prefer to update their website content "in-house" or allow Matlock Web Design to update for them.
If the client chooses to update the site themselves, then, upon request, Matlock Web Design may provide tutorage to the client on how to do this. Matlock Web Design reserves the right to charge for this service.
If the client attempts to update the website themselves and unintentionally deletes pages, images, coding etc, then Matlock Web Design reserves the right to charge at a hourly rate to rectify the website.
Should the client choose to use Matlock Web Design's services in updating their website, then updates will be charged at a standard rate of £30.00 per hour.
If clients wish to have access to the control panel area of their website, they will be issued with a username and password. Clients may change this password immediately for maximum security. If the client then wishes for Matlock Web Design to access the control panel, then the client must issue Matlock Web Design with password access. Once the purpose for Matlock Web Design to have access to the control panel has been served, the client should then create a new, secure password.
Should the client change their control panel password from the one originally supplied by Matlock Web Design and the client was to subsequently lose record of this new password, Matlock Web Design may be able to retrieve or reset the password. This would involve Matlock Web Design contacting the 3rd party hosting provider for the website in question. The technical, high security process involved in this procedure (as Matlock Web Design would not have direct access to any password created by a client) is likely to mean that the procedure may take up to 48 hours to complete (as Matlock Web design is not in control of 3rd party hosting providers' hours of business etc). If Matlock Web Design has concerns that there may have been a security breach at the client's end (such as the possibility of someone gaining access to a password via the client's computer, browser or by other means), Matlock Web Design reserves the right to decide on whether the password should be retrieved (to ask the client if they recognise the password as their own) rather than reset the password. In such cases, the client should then immediately change the password to a secure password.
Matlock Web Design will securely store details of the original login (username and password) whilst ever it deems them to be useful, to allow Matlock Web Design to make website changes at the client's request. Should the client change the password from the original as supplied, Matlock Web Design would then require login details from the client to gain access as the original password would be effectively useless. Should any client not want Matlock Web Design to store details in such a way, they should inform Matlock Web Design and all details will be subsequently detroyed from our records.
Search Engine Optimisation
Due to the dynamic and volatile nature of the modern Search Engine Optimisation (SEO) industry, Matlock Web Design does not make any promises or predictions regarding any website’s search engine ranking. Whilst we may perform basic SEO work to gain a search engine status, Matlock Web Design does not regard itself as, or pertain to be, a specialist SEO company and, therefore, takes no responsibility for fluctuating or unsatisfactory search engine rankings.
The Client therefore agrees that Matlock Web Design and/or Daniel Rich shall not be pursued by the client for any damages financially or otherwise should a poor search engine performance result in any perceived financial loss to the client’s company or income.
If the client requires an improvement in SEO performance beyond those provided by Matlock Web Design, then the client is free to use an external SEO specialist company to improve search engine rankings.
Copyright, use of images and content
The client must ensure that all graphics and text including logos, trademarks and photos supplied to Matlock Web Design or uploaded to the website by the client shall not infringe upon nor violate any copyright law.
All images displayed on the client’s website, or other art work created for the client by Matlock Web Design, will only be used after assumed authorisation by the client and are the sole responsibility of the client regarding usage and copyright.
The Client hereby agrees that all media and content made available to the Matlock Web Design for use in the website and or other artwork designed by Matlock Web Design for the client, are either owned by the Client or used with full permission of the original authors.
The Client is responsible for the legality of products sold within the website. Any infringements, lack of permissions or issues with any product are not the responsibilty of Matlock Web Design. Matlock Web Design assumes that the Client has ensured that they can legally sell any product that is on display on the website, including the acquisition of relevant licences, safety standards and quality control.
Should any legal issues or claims arise from the content or copyright of any images or products supplied by the client, they will be the sole responsibility of the client.
The Client agrees to hold harmless, protect and defend Matlock Web Design from any claim or suit that may arise as a result of using the supplied media, products and content.
Provision of Services
We reserve the right to use sub-contractors and third parties to deliver services without prior agreement with our clients.
Use of Content
Matlock Web Design reserves the right to decline to use any content that it may deem as racist, offensive, unlawful or inappropriate in any way.
Transferring your website away from us
Our websites are created using the SmartBuilder software, of which Matlock Web Design is a reseller. As a result, it is not possible to transfer your website away to an alternative hosting provider whilst retaining the use of the SmartBuilder software as is it installed on our servers only and remains the property of the hosting provider to whom it is copyrighted.
Domains and hosting can still be transferred away to another hosting provider, however this would require a new website to be created that doesn't use the SmartBuilder software.
Ownership of goods
- Domain names remain the property of the client while payment is received to purchase them and renew them on an ongoing basis. Any domain not renewed is taken back by the relevant registrar and relisted at their discretion. A domain may be suspended or cancelled by the registrar in certain circumstances such as should the information supplied turn out to be inaccurate.
- Custom designs remain the property of the client purchasing them at all times.
- Templates remain the property of Matlock Web Design at all times, Matlock Web Design extends permission to clients to adapt any template as they see fit including structural modification.
- Databases and scripting remain the sole property of Matlock Web Design and may not be modified or transferred without prior written consent from Matlock Web Design.
Use of Data
In compliance with GDPR, Matlock Web Design stores details securely and only holds information that is relevant. We do not pass details on to third parties unless relevant in obtaining services such as registering a domain name etc.
Matlock Web Design does not sell or give away information to third parties unless required by law.
Anyone who uses our services agrees to the above mentioned terms and conditions.
Right of cancellation
Both the supplier and client have the right of cancellation at any point. If the cancellation is instigated by the client, any unpaid fees or work done yet to be invoiced will need to be settled within 14 days of request. Any fees paid in advance will not be refunded.
We reserve the right to withdraw from the provision of services to our client, for any reason deemed suitable by Matlock Web Design, and will give one month's notice. The Client therefore agrees that Matlock Web Design and/or Daniel Rich shall not be pursued by the client for any damages financially or otherwise should any withdrawal from the provision of services to our client result in any perceived financial loss to the client’s company or income.
Matlock Web Design reserves the right to change the above terms and conditions and prices without prior notification.
- Matlock Web Design reserves the right to cancel, suspend or permanently delete any website found to be used to offer illegal products or content or involved in illegal activity or in a defamatory manor.
- In the event of none payment of domain renewals.
- In the event of none payment of hosting renewals.
- In the event of an outstanding invoice.
- In the event of pornographic material being used / found.
- Holding sensitive data unprotected and not in compliance with the Data Protection Act.
- Using a website server space as a file sharing or storage area.