48 Hour

Customers of 48 Hour site, your contract will be with the parent company Eshopcreator - Salesarm. a company registered in the UK, number 05871474, VAT number 979 5586 35.

1. Contract:

The client’s approval for work to commence shall be deemed a contractual agreement between the client and Salesarm. Important: Approval for the work to commence and payment of the advance fee indicates that the client accepts the terms and conditions outlined in this document. We reserve the right to change these terms and conditions in the future at our discretion.

2. SALESARM Intellectual Copyright:

Salesarm holds intellectual copyright of any material, including source code and original images created for the client until payment of the final invoice. At this time we will transfer this intellectual copyright to the client under a fair use policy for content images etc, however the source code of any software developments will be licensed to the user under a separate licence agreement and not be included (this is not applicable to Salesarm CMS (content management systems) which come under their own licensing agreement which should be signed separately).

The Client hereby acknowledges that any patent, copyright, design, trade mark or other industrial or intellectual property rights in relation to the Goods in which the Company or the respective manufacturer, developer or third party has an interest shall at all times and for all purposes vest and remain vested in the Company or such manufacturer, developer or third party and the Client shall not acquire any rights thereto.

3. Clients Responsibilities with Regard to Copyright:

In situations where the client provides images, text, animation's, layouts or any other content for their website they are legally responsible for ensuring that this material does not infringe any copyright or intellectual property right agreements. Certain images provided by Salesarm may have been purchased under licence from stock image suppliers. These images are generally only licensed for use on a website. The license may not permit them to be used in publicity material. The website owner is legally responsible for ensuring that this does not happen. If you wish to use any images from the site for other purposes please contact us for clarification.

4. Domain Registration Charges:

All third party costs arising from the registration of a domain names shall be met by the Client. Salesarm is happy to register domain names for clients and manage them for clients. An administration and re-registration fee will also be applicable based on current price lists (subject to change). We will automatically re register domains for clients unless otherwise instructed in advance. All charges relating to re registrations will be the client’s liability at all times. Where we have registered a domain name on the client’s behalf we agree to transfer this domain name to the client immediately upon request and without charge.

5. Search Engine Promotion:

If Search Engine Optimisation and promotion is available as part of various Salesarm Packages or as an add-on service. The order in which websites are ranked in the natural search results is controlled by the search engines.

6. Cancellation:

Should the client wish to cancel at any point during the process they shall remain liable for the work that has taken place and shall be invoiced accordingly. For the contract to end the final payment must be received and cleared to the appropriate Salesarm bank account. Upfront payments will be non refundable once works have commenced.

7. IMPORTANT! Failure to Provide Required Website Assets and Content:

It is essential that we receive all the relevant assets to allow us to produce and deliver the services you are ordering on the agreed delivery date. This is a key stage/element in the project and will often determine the whole experience you have with us. If production is delayed or assets require further editing a surcharge may be applied.

We will commence work on certain projects without all the assets being made available. This would invoke a “missing assets condition” that states we will complete the project with the assets to hand as far as possible. The project will be deemed complete at this stage and all fee due would be payable. On receipt of the missing assets the project will be completed and a further charge may be applicable. Bear in mind that should Search Engine Optimisation be involved, the text content for your site is required before SEO can be planned and completed.

If you agree to provide us with the required information in advance and subsequently fail to do so within four weeks of project commencement we reserve the right to put the project on hold until such assets are received whilst we continue to receive the scheduled payments.

8. Assets and Their Formats:

Your proposal assumes that all assets will be provided in useable formats. Images should be in Jpeg or gif format and should only need to be resized, should a large amount of editing be required an extra charge may be applicable. We will notify you if this is the case. Product images, product descriptions. Company logos, existing brochures and imagery, textual content and copy and any other assets deemed required to complete must all be in electronic format such as word ot .txt documents.

9. Design and Layout:

Our experts are trained to take the brief they are provided with and create a design that not only looks good, but is user friendly and drives the user to take the briefed actions. This will enable you to maximise the profitability and marketing activity. Try to avoid design by committee, where the concepts may be passed from one staff member resulting in many, mostly unnecessary changes.

10. Travel Time and Travel Expenses:

Raveling time to and from customer premises is not generally included in our estimate. Salesarm reserve the right to make a charge for travelling time at our current hourly rate. Likewise Salesarm reserve the right to charge for travelling expenses based on 45p per mile. (NOTE: There will be no charges for travelling time or expenses incurred during the quotation process, i.e. before you give your approval for work to commence.)

11. Quotations:

The price quoted is for the work specifically agreed in the quotation or attached brief. Should you decide that changes are required after work has commenced there will be a surcharge. This also requires an understanding by the client that such changes inevitably require a longer completion time and an increased cost.

12. Payments

a) Complete Advance Fee: Should you choose to pay the whole project fees in advance then we will provide a 5% discount as a reward.
b) Advance Fee: All projects require a minimum deposit payment of 25% and stage payments of the balance in line with the delivery date. Projects under £1,000 are payable in advance.
c) If You Stop Paying Installments: Your project will cease until your account is brought up to date.
d) Payment - Refund Policy: After work commences, payments received are not refundable.

13. Payment Methods:

Unless otherwise agreed, payment is only accepted by credit card, cheque or bankers draft in UK Pounds Sterling. If your cheque is returned by the bank as unpaid for any reason, you will be liable for a "returned cheque" charge of £35. Works may not commence until funds are received and cleared into the company’s bank account.

14. Payment by Credit Card:

Credit card payments are accepted and can be made over the phone, via email confirmation, through our PayPal account or online through our ecommerce enabled shopping cart.

15. Payment of Balance:

Payment of the balance is due immediately on completion of works. We reserve the right not to launch a website until full payment has been received. We also reserve the right in extreme cases to disable a web site or page should we not receive full settlement of an invoice within seven days of request. We will however do the following when a project or job is completed.

16. Late Payment:

Should we have to remove a web site if payment is not forthcoming. This will incur an additional minimum charge of £50 to have the site restored.

17. Future Support:

Support can be bought on an incident basis or as a monthly package ask for prices.

18. Future Site Problems:

Problems caused by malicious software, spyware, viruses and website hacking are a fact of life on today’s Internet. It is highly unlikely that these will affect your website, and Salesarm will endeavor to protect it from this as much as we can during its creation, but after the website is handed over we cannot be held responsible for problems caused by illegal activity or the actions of others.

19. Eshop Servers and Hosting Services:

Should the client be using our fully hosted service we will maintain the servers in good conditions at all times and aim to provide a 24/7 365 live uptime service. However it may be necessary during periods of service, software updates and other necessary works that a server or servers be made unavailable.

We do not accept liability during these “downtime” periods. We will whenever possible provide advance notice of any changes to our servers and or of any potential shut downs. Planned shut downs will be scheduled whenever possible to be outside normal working hours to minimise the effect any such shut downs have on our clients businesses. We cannot be responsible for any circumstances beyond our control such as power failure, technology failures or business failure of any of our sub contractors or suppliers, which have a direct effect on our ability to provide a continued service.

20. Compliance with Ecommerce, Accessibility or Other Regulations:

We design websites in accordance with the client’s specifications. It is the client’s responsibility to ensure that the website and its content comply with current online trading laws and regulations. We will when possible provide this information and advice during any consultancy meetings. We cannot accept responsibility for any failure to comply with laws and regulations related to accessibility, selling online or those related to a specific business or trade. We can research this on the client’s behalf upon request, but in any business where complex compliance issues may exist we recommend that the client takes legal advice from their company lawyer.

Your site is built to comply with current browser technology however with new updates and latest versions of software being released every day we recommend that our clients book a three month review consultancy to ensure their site’s future integrity.

21. Validity of Quotation:

Unless otherwise agreed, any quotation provided will be valid for 30 days from the date of receipt. We reserve the right to revise our quotes after this time period.

22. FORCE MAJEURE

The Company shall not be liable to the client for any delay in or failure to perform its obligations hereunder where such delay or failure results from force majeure, Act of God, fire, accident, war, terrorism, rebellion, riot, sabotage, official strike, lock-outs or official labour disputes, inability to obtain energy or suitable components, material, equipment, transportation services or any other causes beyond the Company’s reasonable control.

Where the Company are prevented from carrying out further performance under the contract by reason of any of the events specified in Clauses above, the Buyer shall forthwith pay the Company the contract price less a reasonable sum for any part of the contract not performed by the Company exceptions include any further variation or missing asset agreements in place.

Salesarm reserves the right to change or modify any of these terms or conditions at any time. Should clarification of any of the above be required please contact us.

Notes:
Should SALESARM waive any of these terms on an individual basis, this shall not affect the validity of remaining clauses or commit Salesarm to waive the same clause on any other occasion.

By agreeing to these terms and conditions your statutory rights are not affected.

In the unlikely event that you wish to cancel your 48 hr site, we require at least 30 days notice in writing and address your correspondence to our head office.

Click Generator, Elms Offices, East Cottingwith, York, YO42 4TT 01904 890571