TERMS & CONDITIONS

Definitions

The Client : The company or individual requesting the services of Loopworks.

Loopworks: Primary designer, developer & employees or affiliates.

General

Loopworks will carry out work only where an agreement is provided either by email, telephone, mail or fax. Loopworks 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 Loopworks and the client, including telephone and email agreements.

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.

Should the client wish to cancel the project at any point during the process they shall remain liable for the work that has taken place and shall be invoiced accordingly.

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.

Payment Terms

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

The price quoted to the client is for the work agreed on the quotation only in association with the specification.

Should the client decide that changes are required after work on the website commences, then we will accept these changes with the provision that additional charges may have to be negotiated.

A deposit of 25% is required with any standard project before any work will be carried out. This figure is non-refundable. Once a piece of work has been 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 work, 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.

It is The Clients responsibility to keep a record of any due dates for payments on domain names and hosting and ensure payment is received with Loopworks within 30 days of expiry date. Loopworks will make efforts to remind clients of renewal payments and will inform clients of annual payment dates when hosting or domain names are ordered by Loopworks on behalf of The Client.

It is Loopworks' policy that any outstanding accounts for work carried out by Loopworks or their affiliates are required to be paid in full, no later than 31 days from the date of the invoice unless by prior arrangement with Loopworks. Once a deposit is paid and work completed you are obliged to pay the balance of payment in full. In the event of a failure to pay, Loopworks will aim to solve the situation amicably. We will make every effort to contact clients via email and telephone to remind them of such payments if they are not received when due.

Non-Payment of overdue invoices could lead to any services/websites managed or hosted by Loopworks, or any ongoing work being suspended or ceased until payment is received in full.

If accounts are not settled or Loopworks has not been contacted regarding the delay, access to associated work and materials may be denied. We may then pass such cases to the Small Claims Court to pursue payment; non payment can result in County Court judgments being added to the clients credit rating.

The Client agrees to reimburse Loopworks for any additional expenses necessary for the completion of the work. Examples would be purchase of special fonts, URL purchase etc.

Once full payment is received for a website, it is assumed that the project has been completed to the clients satisfaction and no refunds can be offered. We do offer free updates for a month after completion to allow for any final amendments that may be required.

Website Design and Development

Loopworks will always ask for a brief from the Client, once this brief is received / agreed and the first initial payment has been received Loopworks will commence work on the site or application.

Whilst every endeavour will be made to ensure that the website and any scripts or programs are free of errors, Loopworks cannot accept responsibility for any losses incurred due to malfunction, the website or any part of it.

The website, graphics and any programming code remain the property of Loopworks until all outstanding accounts are paid in full.

Any scripts, cgi applications, php scripts, or software (unless specifically agreed) written by Loopworks remain the copyright of Loopworks and may only be commercially reproduced or resold with the permission of Loopworks.

Loopworks cannot take responsibility for any copyright infringements caused by materials submitted by the Client or used by the client in the future on their website. We reserve the right to refuse any material of a copyrighted nature unless adequate proof is given of permission to use such material.

Any coding additions to website briefs provided will be carried out at the discretion of Loopworks and may carry an additional cost.

The client agrees to make available as soon as is reasonably possible to Loopworks all materials required to complete the site to the agreed standard and within the set deadline.

Loopworks will not be liable for costs incurred, compensation or loss of earnings due to the failure to meet agreed deadlines.

Loopworks will not be liable or become involved in any disputes between the site owner and their clients and cannot be held responsible for any wrongdoing on the part of a site owner. eg. Any disputes re content/images that have been provided to us for inclusion on the site.

Loopworks will not be liable for any costs incurred, compensation or loss of earnings due to the work carried out on behalf of the client or any of the clients appointed agents.

Loopworks will not be liable for any costs incurred, compensation or loss of earnings due to the unavailability of the site, its servers, software or any material provided by its agents.

In no event shall Loopworks be liable for any direct, indirect, consequential, special and exemplary damages, or any damages whatsoever, stemming from the use or performance of a client website or from any information, products and services provided through client sites, even if this website has been advised of the possibility of such damages.

  • In the absence of any negligence or other breach of duty by us, your use of our client websites is entirely at your own risk.
  • If we are in breach of the arrangements under this agreement, we will not be responsible for any losses that you suffer as a result.
  • We do not have any liability of any sort (including liability for negligence) for the acts or omissions of providers of telecommunication services or for faults in or failures of their networks and equipment.

Loopworks will place a small text link on the footer of the clients website that simply states the website was designed by Loopworks and this will be a link to Loopworks' company website. This can be removed if required by the client; a nominal fee of 10% of total charges will apply.

Project Management and Content Control

Loopworks will endeavour to 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 Loopworks receiving initial payment, unless a delay is specifically requested by the Client and agreed by Loopworks.

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

During the project, Loopworks may require access to the Control Panel of your server (if the website is not to be hosted by Loopworks and will require the Client to provide website content; text, images, movies and sound files. Failure to provide information and assets within a reasonable time frame could result in the project being delayed.

It is the Clients responsibility to provide assets in a form suitable for reproduction or inclusion without further preparation, unless otherwise expressly provided in the Proposal. Text content should be delivered as a digital document with the pages in the supplied document representing the content of the relevant pages on your website. These pages should have the same titles as the agreed website pages.

If your project involves Search Engine Optimisation Loopworks needs text content (copy) for your site so that SEO can be planned.

Database, Application and E-Commerce Development

Loopworks cannot take responsibility for any losses incurred by the use of any software created for the client. Whilst every care has been taken to ensure products are problem free and accurate, the ultimate responsibility lies with the client in ensuring that all software is functioning correctly before use.

Any scripts, applications or software (unless specifically agreed) written by Loopworks remain the copyright of Loopworks and may only be commercially reproduced or resold with the permission of Loopworks.

Where applications or sites are developed on servers not recommended by Loopworks, the client is expected to provide or seek any information, additional software, support or co-operation pertaining to the server required in order for the application to be correctly developed.

The client is expected to test fully any application or programming relating to a site developed by Loopworks before being made generally available for use. Where “bugs”, errors or other issues are found after the site is live, Loopworks will endeavour (but is not obliged to) to correct these issues to meet the standards of function outlined in the brief.

Hosting

Whilst Loopworks are able to offer hosting services, no guarantees can be made as to the availability or interruption of this service. Loopworks 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 if you move your hosting service away from our servers.

Loopworks reserve the right to refuse to handle in any way, material which may be deemed offensive, illegal or in any way controversial, and also to terminate the hosting service should the necessity arise.

If you are hosting the website elsewhere, the Company cannot guarantee that the website is fully compatible with all hosting provider’s server operating systems, especially any contact forms, Content Management Systems, database driven websites, etc.

Where provided, web hosting payment is either made up front annually or monthly and payment is due upon receipt of invoice. Late payment could result in your website hosting being terminated and your site going offline.

Search Engine Optimisation

Due to external factors, such as changes to the way search engines rank websites; we cannot offer any guarantees regarding the position we will achieve for websites. The process of optimizing websites itself will bring in more traffic and hits and you’ll see visits increase to your site naturally. We cannot accept liability for any change in rankings, or drop off in the position of your website due to changes in the algorithms of the search engines or the factors that they use to rank websites.

We use ‘white hat techniques’ when optimizing websites and always aim to achieve a top ten ranking for your website within six months of undertaking the optimization process. Due to the work involved payment is generally required in advance and we are unable to offer a refund of any monies to clients in relation to this type of work.

Complaints Procedure

Anyone who experiences a problem with their web service provided by Loopworks should raise the matter directly using our online contact form to do so, giving sufficient information to locate the material (such as an url) and clearly outlining the grounds for complaint.

Loopworks will approach the individual responsible for the material in question with a view to resolving the matter to the satisfaction of the complainant.

privacy

We do not share or sell any of your details with third party companies, without your express permission and we will only email you or contact you about work related matters.

Please see our Privacy page for further details.

Changes to these Terms and Conditions

Loopworks reserves the right to add, delete, or modify any provision of these Terms and Conditions at any time without notice. Failure to receive notification of a change does not make those changes invalid. These Terms and Conditions will always be available from our website.

Contact

Questions, comments and requests regarding these terms & conditions are welcomed and should be addressed to info@loopworks.co.uk.