The following terms and conditions apply to all website development and other design services provided by Ghost Online Media to their Clients.
Ghost Online Media will carry out work only where an agreement is provided by email.
Ghost Online Media will carry out work only for clients who are 18 years of age or above. An ‘order’ is deemed to be a written contract between Ghost Online Media and the client, this includes email agreements.
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.
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.
2.1: Website Design
The website, graphics and any programming code remain the property of Ghost Online Media until all outstanding accounts are paid in full.
Ghost Online Media cannot take responsibility for any copyright infringements caused by materials submitted by the client. We reserve the right to refuse any material of a copyrighted nature unless adequate proof is given of permission to use such material.
Any additions to the brief will be carried out at the discretion of Ghost Online Media and where no charge is made by Ghost Online Media for such additions, Ghost Online Media accept no responsibility to ensure such additions are error free and reserve the right to charge an according amount for any correction to these or further additions.
Ghost Online Media can offer no guarantees of correct function with all browser software.
The client is expected to test fully any application or programming relating to a site developed by Ghost Online Media before being made generally available for use. Where “bugs”, errors or other issues are found after the site is live, Ghost Online Media will endeavour (but is not obliged to) to correct these issues to meet the standards of function outlined in the brief
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.
No agreement for continuing website maintenance and promotion is contained in this contract. No website maintenance or promotion will be performed by designer unless all parties reach an agreement to do so and all parties sign a website maintenance or website promotion agreement.
2.2: Website Management
Whilst Ghost Online Media recommends hosting companies to host websites, no guarantees can be made as to the availability or interruption of this service. Ghost Online Media 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.
Ghost Online Media reserves 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.
Ghost Online Media may purchase domain names on behalf of the Client. Payment and renewal of those domain names is the responsibility of the Client. The loss, cancellation or otherwise of the domain brought about by non or late payment is not the responsibility of Ghost Online Media. The Client should keep a record of the due dates for payment to ensure that payment is received in good time.
2.3: Social Media Design
Any graphic designs carried out for the client’s social media pages will remain the property of Ghost Online Media until all outstanding accounts are paid in full.
The Social Media Designs will be shown to the client for his final approval after which an invoice for payment will be sent to the client. Any changes the client would like to be made after the final approval is received, Ghost Online Media reserve the right to charge an additional amount for their services.
2.4: Social Media Management
Ghost Online Media can make no guarantees as to the increase of social media followers on the client’s pages.
2.5: Logo Designs and Other Branding
Any logo or graphic designs carried out for the client will remain the property of Ghost Online Media until all outstanding accounts are paid in full.
Any logo or other graphical designs will be shown to the client for his final approval after which an invoice for payment will be sent to the client. Any changes the client would like to be made after the final approval is received, Ghost Online Media reserve the right to charge an additional amount for their services.
2.6: Search Engine Optimisation
Whilst Ghost Online Media will carry out everything within their knowledge to help rank your website higher within the search engines we can make no guarantees as to the final positioning of your site.
Search engines, such as Google, are continuously updating their search algorithms and therefore SEO techniques can never be 100% guaranteed.
Charges for services to be provided by Ghost Online Media are defined in the project quotation that the Client receives via e-mail. Quotations are valid for a period of 30 days. Ghost Online Media reserves the right to alter or decline to provide a quotation after expiry of the 30 days.
Unless agreed otherwise with the Client, all website design services require an advance payment of a minimum of fifty (50) percent of the project quotation total before the work is supplied to the Client for review. A second charge of fifty (50) percent of the project quotation total is due upon completion of the work, prior to upload to the server or release of materials.
We know from experience that fixed-price contracts are rarely beneficial to you, as they often limit you to your earliest ideas. We don’t want to limit your ability to change your mind. The price at the beginning of this contract is based on the length of time we estimate we’ll need to accomplish everything you’ve told us you want to achieve, but we’re happy to be flexible. If you want to change your mind or add anything new, that won’t be a problem as we’ll provide a separate estimate for that.
Payment for services is due by Paypal or bank transfer. Paypal account and bank details will be made available on invoices.
Invoices will be provided by Ghost Online Media upon completion but before publishing the live website. Invoices are normally sent via email; however, the Client may choose to receive hard copy invoices. Invoices are due upon receipt. Accounts that remain unpaid thirty (30) days after the date of the invoice will be assessed a service charge in the amount of the higher of one and one-half percent (1.5%) or £30 per month of the total amount due.
Accounts unpaid thirty (30) days after the date of invoice will be considered in default. If the Client in default maintains any information or files on Ghost Online Media’s Web space, Ghost Online Media will, at its discretion, remove all such material from its web space.
Ghost Online Media is not responsible for any loss of data incurred due to the removal of the service. Removal of such material does not relieve the Client of the obligation to pay any outstanding charges assessed to the Client’s account.
Clients with accounts in default agree to pay Ghost Online Media reasonable expenses, including legal fees and costs for collection by third-party agencies, incurred by Ghost Online Media in enforcing these Terms and Conditions.
6: Additional Expenses
Client agrees to reimburse Ghost Online Media for any additional expenses necessary for the completion of the work. Examples would be purchase of special fonts, stock photography etc.
7: Client Review
Ghost Online Media will provide the Client with an opportunity to review the appearance and content of the website during the design phase and once the overall website development is completed. At the completion of the project, such materials will be deemed to be accepted and approved unless the Client notifies Ghost Online Media otherwise within ten (10) days of the date the materials are made available to the Client.
Anyone who experiences a problem with their web service provided by Ghost Online Media 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.
Ghost Online Media will approach the individual responsible for the material in question with a view to resolving the matter to the satisfaction of the complainant.
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.
8: Turnaround Time and Content Control
Ghost Online Media will 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 Ghost Online Media receiving initial payment, unless a delay is specifically requested by the Client and agreed by Ghost Online Media.
The client agrees to make available as soon as is reasonably possible to Ghost Online Media all materials required to complete the site to the agreed standard and within the set deadline.
In return, the Client agrees to delegate a single individual as a primary contact to aid Ghost Online Media with progressing the commission in a satisfactory and expedient manner.
During the project, Ghost Online Media will require the Client to provide website content; text, images, movies and sound files etc.
8.1: Failure to provide required website content:
Ghost Online Media is a small business, to remain efficient we must ensure that work we have programmed is carried out at the scheduled time. On occasions we may have to reject offers for other work and enquiries to ensure that your work is completed at the time arranged.
This is why we ask that you provide all the required information in advance. On any occasion where progress cannot be made with your website because we have not been given the required information in the agreed time frame, and we are delayed as result, we reserve the right to impose a surcharge of up to 25%. If your project involves Search Engine Optimisation we need the text content for your site in advance so that the SEO can be planned and completed efficiently.
If you agree to provide us with the required information and subsequently fail to do within one week of project commencement we reserve the right to close the project and the balance remaining becomes payable immediately. Simply put, all the above condition says is do not give us the go ahead to start until you are ready to do so.
NOTE: Text content should be delivered as a Microsoft Word, email (or similar) 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. Contact us if you need clarification on this.
Using the WordPress content management system (CMS) that we use to build all of our websites, you are able to keep your content up to date yourself. Although we also offer competitive website management services if you would like us to keep your website up to date or add additional content.
9: Web Browsers
Ghost Online Media makes every effort to ensure websites are designed to be viewed by the majority of visitors. Websites are designed to work with the most popular current browsers (e.g. Firefox, Internet Explorer, Google Chrome, etc.). Client agrees that Ghost Online Media cannot guarantee correct functionality with all browser software across different operating systems.
Ghost Online Media cannot accept responsibility for web pages which do not display acceptably in new versions of browsers released after the website have been designed and handed over to the Client. As such, Ghost Online Media reserves the right to quote for any work involved in changing the website design or website code for it to work with updated browser software.
10: Post-Placement Alterations
Ghost Online Media cannot accept responsibility for any alterations caused by a third party occurring to the Client’s pages once installed. Such alterations include, but are not limited to additions, modifications or deletions.
11: Design Credit
A link to Ghost Online Media will appear in either small type or by a small graphic at the bottom of the Client’s website. If a graphic is used, it will be designed to fit in with the overall site design. If a client requests that the design credit be removed, a nominal fee of 10% of the total development charges will be applied. When total development charges are less than £5000, a fixed fee of £500 will be applied. The Client also agrees that the website developed for the Client may be presented in Ghost Online Media’s portfolio.
12: Access Requirements
If the Client’s website is to be installed on a third-party server, Ghost Online Media must be granted temporary read/write access to the Client’s storage directories which must be accessible via FTP. Depending on the specific nature of the project, other resources might also need to be configured on the server.
Termination of services by the Client must be requested in a written notice and will be effective on receipt of such notice. E-mail or telephone requests for termination of services will not be honoured until and unless confirmed in writing. The Client will be invoiced for design work completed to the date of first notice of cancellation for payment in full within thirty (30) days.
All Ghost Online Media services may be used for lawful purposes only. You agree to indemnify and hold Ghost Online Media harmless from any claims resulting from your use of our service that damages you or any other party.
The Client retains the copyright to data, files and graphic logos provided by the Client, and grants Ghost Online Media the rights to publish and use such material. The Client must obtain permission and rights to use any information or files that are copyrighted by a third party. The Client is further responsible for granting Ghost Online Media permission and rights for use of the same and agrees to indemnify and hold harmless Ghost Online Media from any and all claims resulting from the Client’s negligence or inability to obtain proper copyright permissions.
A contract for website design and/or placement shall be regarded as a guarantee by the Client to Ghost Online Media that all such permissions and authorities have been obtained. Evidence of permissions and authorities may be requested.
Whilst every endeavour will be made to ensure that the website and any scripts or programs are free of errors, Ghost Online Media cannot accept responsibility for any losses incurred due to malfunction, the website or any part of it.
Ghost Online Media hereby excludes itself, its Employees and or Agents from all and any liability from:
- Loss or damage caused by any inaccuracy;
- Loss or damage caused by omission;
- Loss or damage caused by delay or error, whether the result of negligence or other cause in the production of the web site;
- Loss or damage to clients’ artwork/photos, supplied for the site. Immaterial whether the loss or damage results from negligence or otherwise.
The entire liability of Ghost Online Media to the Client in respect of any claim whatsoever or breach of this Agreement, whether or not arising out of negligence, shall be limited to the charges paid for the Services under this Agreement in respect of which the breach has arisen.
- Ghost Online Media will not be liable for costs incurred, compensation or loss of earnings due to the failure to meet agreed deadlines.
- Ghost Online Media 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.
- Ghost Online Media 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.
- Ghost Online Media 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 the event any one or more of the provisions of this Agreement shall be held to be invalid, illegal or unenforceable, the remaining provisions of this Agreement shall be unimpaired and the Agreement shall not be void for this reason alone. Such invalid, illegal or unenforceable provision shall be replaced by a mutually acceptable valid, legal and enforceable provision, which comes closest to the intention of the parties underlying the invalid.