Terms & Conditions | Cloud Artisans

General Terms & Conditions incorporating Website, Media and Project creation

Cloud Artisans Ltd (“Cloud Artisans”, "Brand Narrative Media", "Cloud Tele" or “the company”) Digital, Engagement and Media projects Services (the "Services") is the creation of a website, media asset or project and/or subsidiary items and services including updates and additions to any project activity to a customers specific requirements or specification. This includes all or part of the following: the taking of a brief from a customer in order to obtain the relevant details and required specifications for the project; the preparation of a visual/storytelling/project design and associated graphics, text or process for approval by the customer; the creation of the actual website, film, engagement activity and any associated parts; finally the handover of the project outputs/assets to the customer ready for evaluation, hosting and/or promotion (by either Cloud Artisans Ltd or using the customers own contractor(s)).

For full details of the Services provided by Cloud Artisans Ltd, see www.cloudartisans.co.uk and our service specific websites.

These terms and conditions apply to the development of a project by Cloud Artisans Ltd – by placing an order with Cloud Artisans Ltd you agree to both the acceptance of these terms and conditions as well as being bound by the terms and conditions written within. If you do not accept these terms and conditions, you must refrain from placing an order with Cloud Artisans Ltd.

By placing an order, you agree to be legally bound and to abide by these terms and conditions, just as if you had signed this Agreement. If you do not comply with the terms and conditions, Cloud Artisans Ltd may terminate your order at any stage and a surcharge may be invoiced for any work carried out up to the point of termination.

1. In order to begin work on a project the customer may be required to pay up to 25% of the estimated cost as a deposit for Cloud Artisans Ltd to begin a commission. This is solely dependant on the size/nature of the project / commission and is at the sole discretion of Cloud Artisans Ltd. The customer will then provide Cloud Artisans Ltd with any material and information that the project may require (company graphics, logo, images, fonts, safeguarding procedures etc.).

2. Cloud Artisans Ltd reserve the right to refuse to work on a project that we may judge as unfit due to content or otherwise. This includes but is not limited to, websites containing adult oriented material such as pornography, sites that promote hatred towards persons belonging to any ethnic group, religion or sexual orientation, websites which provide methods for circumventing copy protection (‘warez sites’) and sites that infringe copyright or are contrary to UK laws. This would also include any projects where there is an undue risk presented to any person involved, or may constitute a safeguarding or ethical concern.

3. It is the customers sole responsibility to ensure that the content of their website, film or other media output to be created by Cloud Artisans Ltd does not infringe condition 2 above. Cloud Artisans Ltd strongly recommends that you consult with us at the outset to ensure your project’s material does not contravene these terms and conditions.

4. If following the acceptance of a commission by Cloud Artisans Ltd the customer requests for material to be introduced into the project that contradicts condition 2 or if contradictory content is added to a website pr project without the company’s knowledge, Cloud Artisans Ltd reserve the right to withdraw our services and invoice any costs incurred to the customer.

5. The acceptance of a commission shall be deemed as a contractual agreement between the customer and Cloud Artisans Ltd and will also confirm the customer’s acceptance of Cloud Artisans Ltd Terms & Conditions.

6. Cloud Artisans Ltd cannot always guarantee to start work immediately on a commission but will arrange a date with the customer when work can commence.

7. All materials, including text, media (such as video, audio and images), supplied by the customer and used in the creation of the customer's website/film/project, will remain the customer's property. All such material will be assumed to be the property of the customer and free to use without breaching copyright laws. Under no circumstances will Cloud Artisans Ltd be held liable for any breach of copyright laws from the use of the customer’s materials.

8. The copyright for all material provided by Cloud Artisans Ltd, such as HTML code, graphics, videos, audio, photographs and text, will remain the property of Cloud Artisans Ltd until such time as payment has been made in full whereupon they will become the property of the customer except any item which has been used under licence from the original author.

9. In the event of Dynamic code being used, for example Perl Script, PHP, Ruby, Java or Java Script, the original structure of the code will remain the property of Cloud Artisans Ltd at all times.

10. Cloud Artisans Ltd makes every effort to design webpages that display acceptably in the most popular current browsers, but cannot accept responsibility for pages that do not display acceptably in new versions of browsers released after pages have been designed or within browsers that are not commercially available or considered widely used by the target audience.

11. Cloud Artisans Ltd, on request (and at additional cost) will submit a customer’s website to the major search engines as part of the project commission.

12. Cloud Artisans Ltd does provide an additional Search Engine Optimisation (SEO) and support service. This service has a monthly fee plus an initial set up fee for a minimum service period of 3 months. Cloud Artisans Ltd will make every reasonable effort possible to promote a customers website effectively but we are unable to guarantee high placing in search engine results as the methods and criteria’s employed by the search engine companies are constantly changing.

13. Where we have designed or developed a major part of an online interface (website, web app etc) we appreciate a footer link such as ‘Designed by’, ‘Developed by’, or ‘Hosted by’ Cloud Artisans Ltd, whichever is the most appropriate. For print marketing materials, films and digital graphics an attribution to Cloud Artisans Ltd or logo is appreciated.

14. Cloud Artisans Ltd can accept no responsibility or liability if any search engine, online directory or search site, submitted to as part of a website’s promotion, chooses not to list a customer's website or indeed invalidates the customer’s site.

15. During the development process, Cloud Artisans Ltd will normally place the customer's website or media files onto a temporary URL in order that the customer may view, test and comment upon the progress. This address is not to be used for public viewing or promotion of the customer’s project. Under no circumstances should material be downloaded from this location without the express written consent of Cloud Artisans Ltd.

16. When both Cloud Artisans Ltd and the customer agree that the project meets the criteria agreed during the commissioning process, Cloud Artisans Ltd will invoice the customer for the full amount due for the commission. On receipt of payment, Cloud Artisans Ltd will make available the project to the public or handover the files as required. Invoicing will also take place at any agreed intervals/milestones or estimated date of that milestone completion if a client delays a project and the milestone date has passed.

17. Whilst every care is made while crafting your project, Cloud Artisans Ltd cannot be held responsible for incorrect items or errors on a website, graphic or media output. It is the Customers responsibility to check and proof read all elements of your project pre and post going live, this includes but is not limited to: copy, quotes, strap lines, menu items, email addresses, telephone and fax numbers, postal addresses etc. Cloud Artisans should be notified in writing of any such errors immediately prior or post going live so they can be corrected.

18. Because of the nature of email addresses and the many ways that accounts can be set up, it is the Customers responsibility to ensure that all email addresses and links are working correctly and that test emails are being retrieved by their respective account inboxes. Cloud Artisans Ltd cannot be held responsible for incorrect email addresses and links on a website or featured in a project. Cloud Artisans should be notified in writing of any such errors immediately prior or post going live so they can be corrected.

19. If at any point during a commission a customer wishes to cancel, they may do so however Cloud Artisans Ltd reserves the right to invoice a cancellation fee of up to 25% of the price quoted by Cloud Artisans Ltd or the materials costs, travel and staff time spent on the commission at our standard rate, whatever is the greater. If a 25% deposit has been paid, Cloud Artisans Ltd reserves the right to deduct any incurred costs from this amount. In the event of the current project costs being higher than the 25% deposit, an invoice will be sent to the customer for the amount outstanding.

20. If during project development, the customer does not supply the content required in order to complete the commission within a reasonable amount of time, Cloud Artisans Ltd will consider that the customer wishes to cancel the commission, in these circumstances condition 19 will come into effect.

21. In the event of a website being commissioned with a support service, managed Google Ads account (or any other monthly invoiced service), monthly payments will begin immediately following handover of the site unless a delay has been caused solely through the fault of Cloud Artisans Ltd.

22. Cloud Artisans Ltd expects payment by bank transfer or cash within 28 days or by the date on the invoice (whichever is sooner). Failure to pay within this period may result in your project being removed from the Internet without notice and a £35 administration charge will be levied to reinstate any website taken down from the Internet for non-payment reasons.

23. In the event that a payment plan has been set up between Cloud Artisans and the customer, Cloud Artisans will require the customer to pay each instalment so that the funds are received and cleared by our bank on the agreed date by bank transfer or cash. Failure to pay your instalments on the agreed dates may result in your website being removed from the Internet as per condition 20.

24. Any payment returned by the bank will incur a £35 administration charge. This will be invoiced and added to the total outstanding owed by the customer.

25. We reserve the right to charge interest on late payments in accordance with "Late Payment of Commercial Debts (Interest) Act 1998" – a copy of this act can be obtained from: https://www.legislation.gov.uk/ukpga/1998/20/contents which may include the reference rate + 8% of the amount due. Where £10 a week is a greater amount or the customer is a private individual then the £10 per 7 day week will be charged and billed to the customer.

26. Cloud Artisans Ltd does not undertake to maintain or update a customer's website as part of the design commission. If a customer wishes Cloud Artisans Ltd to maintain or update a website as a separate commission, Cloud Artisans Ltd will negotiate with the customer a maintenance contract appropriate to the amount of work required. Website maintenance may also be undertaken on a time and materials basis if the customer so wishes, at the prevailing standard rate.

27. Cloud Artisans Ltd reserves the right to charge for Technical Support and marketing advice given over the telephone or via any other means such as email at our standard rate.

28. Cloud Artisans Ltd reserves the right to alter prices at any time without notice. If a customer has commissioned any services from Cloud Artisans Ltd prior to a change in prices, that commission will not be subject to any increase, but any subsequent commission or site maintenance may be subject to the increase.

29. Cloud Artisans Ltd reserve the right to withdraw our services at any point if it is deemed by Cloud Artisans Ltd that the customer is in breach of these Terms and Conditions and any costs incurred invoiced to the customer.

30. Should a customer wish to cancel any product or service purchased from Cloud Artisans Ltd, written confirmation will be required at least 30 days in advance of cancellation unless another cancellation term has been agreed in writing. Support contracts usually require a 3-month notice period.

31. Whilst Cloud Artisans Ltd tries to ensure that all of our products and services meet the high standards expected by our customers there may be certain times when we may be unable to meet them, these are but not limited to: Force Majeure- where there are circumstances beyond our control e.g. Acts of God, strikes, lock outs, accidents, war, acts of terrorism, alien landings, cyber attacks and other such events beyond our reasonable control.

32. In any such event as detailed in condition 31 Cloud Artisans Ltd shall try to resolve any such problem insofar as it is possible but cannot be held liable for any resulting changes, loss of data or change in project timings.

33. You attest that you are of legal age to enter into this agreement. You acknowledge that you have read this agreement and agree to all its terms and conditions. You have independently evaluated the desirability of the service and are not relying on any representation agreement, guarantee or statement other than as set forth in this agreement.

34. Each of the Clauses of these Terms and Conditions shall be construed separately (unless otherwise stated) and independently of each other. Invalidity of any one part shall not affect the validity of any other part.

35. In any event, Cloud Artisans Ltd shall not be liable under, or in connection with these terms and conditions in contract, tort, negligence, pre-contract or other representations or otherwise for any damages or consequential loss whatsoever.

36. The provision of this clause 36 shall be construed separately, applying and surviving even if for any reason one or all of the other clauses within these terms and conditions are deemed inapplicable or unenforceable in any circumstances and shall remain in force not withstanding the expiry or termination of our agreement.

37. The laws of England shall govern this agreement and you agree to submit to the exclusive jurisdiction of the English courts.

38. Your statutory consumer rights are unaffected by these terms and conditions.

Cloud Artisans Ltd reserves the right to change or modify any of the terms and conditions contained herein.

If you have any complaints or comments about these Terms and Conditions or about the quality of service you have received from Cloud Artisans Ltd, please e-mail us or write to us stating the full nature of your complaint. We take customer satisfaction very seriously and will investigate your complaint promptly and thoroughly.

Cloud Artisans Ltd

Email: [email protected]