By placing an order with Fresh Frog Design, you confirm that you are in agreement with and bound by the terms and conditions below.

 

Definitions:

The Client : The company or individual requesting the services of Fresh Frog Design

Fresh Frog Design: The partners or their employees.

The contract between Fresh Frog Design and the client will be on these conditions to the exclusion of all other terms and conditions. Any variations to these conditions shall have no effect unless agreed in writing.

These terms apply to each user and/or visitor to the Website and/or customers of the Company and are governed by English law. Information on this Website is the property of the Company. The materials contained in this site are protected by copyright law. The contents of the Website are available to any user and/or visitor for personal reference only and may not be reproduced in any manner whatsoever either in whole or in part without the prior written permission of the Company or its representatives.

The Company reserves the right in its absolute discretion:

(a) to add to or remove any material from the Website or to amend, alter, redesign or change anything contained in or on it at any time; and

(b) to monitor, suspend, revoke, or otherwise limit access to the Website at any time.

The use of this Website is at the visitors or users own personal risk. The Company does not warrant the content, accuracy or veracity of any material or other information on the Website nor does it warrant that the Website is free from errors, faults, viruses or other computer or data-corrupting or data-damaging material.

The Website contains links to other sites or addresses on the web. External sites are not part of the Website and do not belong to the Company. The Company does not approve or endorse other websites nor is it responsible for their content.

Descriptions of, or references to products, services or publications within the Website do not constitute or imply their endorsement or recommendation in any way by the Company, its employees or contractors. No reference in the Website to any specific product, process, or service by trade name, trademark, manufacturer, or otherwise, shall be used for advertising or product endorsement purposes.

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

The web server, website, graphics and any programming code remain the property of Fresh Frog Design until all outstanding accounts are paid in full.

Fresh Frog Design 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 Fresh Frog Design and where no charge is made by Fresh Frog Design for such additions, Fresh Frog Design 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.

The client agrees to make available as soon as is reasonably possible to Fresh Frog Design all materials required to complete the site.

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

Fresh Frog Design 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.

Fresh Frog Design 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.

The client is expected to test fully any application or programming relating to a site developed by Fresh Frog Design before being made generally available for use.

Where “bugs”, errors or other issues are found after the site is live:

Fresh Frog Design will endeavour (but is not obliged) to correct these issues to meet the standards of function outlined in the brief.

Whilst Fresh Frog Design offers hosting of websites, no guarantees can be made as to the availability or interruption of this service. Fresh Frog Design cannot accept liability for losses caused by the unavailability, malfunction or interruption of this service.

Fresh Frog Design 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. Fees relating to web hosting or domain names must be paid prior to the expiration date of the said service. If the fees remain unpaid at the time of expiration, we will with immediate effect, cancel said service and any data held by said service will be removed. If a cancelled service is to be reinstated at the client’s request, a setup fee will be payable before any such reinstatement and any data lost as a result of the cancellation will not necessarily be restored.

Domain names will be registered by Fresh Frog Design and also registered to the Fresh Frog Design current address. Although the domain names are registered to Fresh Frog Design, the client is the legal owner of the domain and if they request to have details changed or the domain transferred elsewhere. Fresh Frog Design will do this within reasonable time. All costs involved in detail changes of domain transfers shall be met by the client.

It is the responsibility of the client to renew their domain names when due. If a domain name expires Fresh Frog Design cannot be held liable for this. However, Fresh Frog Design will make reasonable effort to contact the client regarding domain renewal.

When a client renews “hosting” with Fresh Frog Design, this also includes domain renewal if the renewal is needed to keep the site functioning and was purchased as part of the hosting package. If the client does not renew the hosting, their domain name could be made available to the public for purchase and Fresh Frog Design cannot be held liable for this.

Whilst Fresh Frog Design recommends hosting companies to host websites, no guarantees can be made as to the availability or interruption of this service.

Fresh Frog Design 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.

The hosting renewal charge must be received prior to the hosting expiry date. We reserve the right to deactivate any website where the hosting has expired and the client has not paid the renewal charge. There will be an admin fee set by Fresh Frog Design for reactivating the website / hosting.

If the client does not use Fresh Frog Design hosting services then the management and hosting of the domain name are the full responsibility of the client.

Renewal of “hosting” is due on a yearly basis. The date of renewal will be annually from the date the website was ordered by the client. The “hosting” will not be renewed if we cannot contact the customer or the customer requests for us to not host this site.

If a domain name is purchased by the client through a company other than Fresh Frog Design, the client has full responsibility in making sure that the domain name is renewed when due. Fresh Frog Design will not renew the domain name when annual hosting renewal is due if the domain name is purchased through a company other than Fresh Frog Design .

Fresh Frog Design will host the website on receipt of full payment of our hosting fees. In doing so we will endeavour to provide a reliable and professional service to the client at all times but do not guarantee that the website hosting will be available at all times, especially in the event of a technical failure beyond our control. If client is offered hosting with any package this is offered free of charge, no charge has been added to your web design order. If clients are misbehaving including abusive emails and telephone calls, or requesting functionality which we do not offer Fresh Frog Design has the right to not host a site, or terminate hosting without giving notice.

All websites are configured to work on our server. Any clients wishing to use other servers will be responsible for having it configured so that it can be used on a server of their choice.

Fresh Frog Design will allow a maximum of 500mb of bandwidth allowance per website per month. Should a client’s website exceed this limit, Fresh Frog Design reserve the right to levy additional charges or insist the client makes arrangements to transfer the hosting and email services to an alternative provider within a reasonable time frame.

Fresh Frog Design accepts no responsibility for the configuration and any costs incurred by client.

Fresh Frog Design reserve the right to refuse or suspend service to clients whose websites would breach our ethical policy or provide services contrary to the laws of The United Kingdom. Should attempts be made to mislead Fresh Frog Design of the nature of services offered by the website the full quoted cost of the project must be paid by the client. Specifics of our ethical policy can be provided on request by emailing us.

 

Payment of Accounts

A deposit is required from a new client before any work is carried out. All down payments and deposits received are non refundable. In all cases, website hosting fees and any costs incurred by Fresh Frog Design on behalf of the client are payable in advance and are non-refundable.

Deposit payments for website development and design services are excluded from the Distance Selling Regulation due to them being tailored specifically for The Clients requirements and due to administration costs associated with initiating a project on behalf of The Client.

It is Fresh Frog Design’s policy that any outstanding accounts for work carried out by Fresh Frog Design or its affiliates are required to be paid in full, no later than 30 days from the date of the invoice unless by prior arrangement with Fresh Frog Design. If accounts are not settled or Fresh Frog Design Limited have not been contacted regarding the delay, access to the related website may be denied. Fees relating to web hosting or domain names must be paid prior to the expiration date of the said service. If the fees remain unpaid at the time of expiration, we will with immediate effect, cancel said service and any data held by said service will be removed. If a cancelled service is to be reinstated at the client’s request, a setup fee will be payable before any such reinstatement and any data lost as a result of the cancellation will not necessarily be resolved.

Fresh Frog Design will only commence work on design after 50% payment has been made of the quoted project fee from the client, once the quoted project has been completed the remaining balance becomes due with immediate effect. Unless otherwise agreed by Fresh Frog Design, the clients website will not be made live on their selected domain until the agreed account balance is paid in full. Additionally websites will not be transferred to 3rd party hosting providers until the agreed balance is paid in full unless otherwise agreed to by Fresh Frog Design. Fresh Frog Design reserve the right to remove website’s and supporting files if the client breaches any terms relating to the aforementioned individual agreements.

It is important that the website is not in any way illegal. Fresh Frog Design shall expect the client to carry out sufficient research before proceeding with a website. This will include checking that the website / idea / business will operate legally within UK law.

Fresh Frog Design 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.

Fresh Frog Design reserve the right to decide whether a refund is applicable if requested by the client for any reason. A refund is not guaranteed by Fresh Frog Design .

Should Fresh Frog Design not receive contact or responses by phone or email from the The Client for 180 days the Project will be terminated. Refunds will not be possible after this time period and The Client will forfeit any rights to work completed on their behalf under the agreed quoted sale.

Fresh Frog Design cannot be held responsible for problems or additional costs arising due to any errors made by third parties, or failure to maintain a current copy of your own website.

Images purchased by Fresh Frog Design on behalf of the client are strictly for use on the website only. Fresh Frog Design are not liable for misuse of these images by the client or any other person/s copying, altering or distributing the images to individuals or other organisations.

Fresh Frog Design cannot be held responsible for anything adversely affecting the client’s business operation, sales, or profitability that they might claim is a result of a service offered by Fresh Frog Design .

Where we have been asked to provide search engine optimisation for a client, we do not guarantee any specific placement or high ranking on search engines.

Fresh Frog Design will provide the client with an expected project completion date (live on the internet) if requested. We will endeavour to meet any given deadline but we do not guarantee and are not bound in any way to complete the project by this date. Fresh Frog Design will not be liable for costs incurred, compensation or loss of earnings due to the failure to meet agreed deadlines.

Fresh Frog Design 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.

Any special offers and/or promotions offered by Fresh Frog Design may be subject to availability where they are dependant on a 3rd party. In situations where any special offer and/or promotion cannot be fulfilled due to a 3rd party revoking the special offer and/or promotion the value of the promotion and/or special offer cannot be transferred as payment for services or any form of discount.

It is the clients responsibility to check with Fresh Frog Design that open source software is being used or not.

Where applications or sites are developed on servers not recommended by Fresh Frog Design , 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. Where large applications are to be developed, it is the clients responsibility to provide a suitable testing environment which is identical to the final production environment.

We do not charge customers for open source software. If there is a charge for a website using open source software, you are paying for the installation time. Open source software is not owned by Fresh Frog Design or our client.

There is an immediate cessation of all current and future warranties where a client has requested from us anything that results in passing the control of a website from Fresh Frog Design to the client. This results in Fresh Frog Design losing control of the website and changes could be made by the client or their agents. Loss of control by Fresh Frog Design can take place if FTP codes and or source codes have been passed to the client. This loss of control can occur in other situations such as where the client has requested placing the website onto a sever of their choice and not Fresh Frog Design ‘s server. Under any of these circumstance(s) which results in loss of control by Fresh Frog Design then there shall be absolutely no future warranty and this also revokes all undertakings of past warranties.

All images displayed on the client’s website will only be used after authorisation by the client and are the sole responsibility of the client regarding usage and copyright. Should any legal issues or claims arise from the content or copyright of any images supplied by the client OR Fresh Frog Design , they will be the sole responsibility of the client.

Fresh Frog Design has no control of, or responsibility for, the content of our client’s web sites. In no way does the textual or image based content of our client’s web sites constitute Fresh Frog Design endorsement, or approval of the web site or the material contained within the web site. Fresh Frog Design has not verified any of the materials, images or information contained within our client’s web sites and is not responsible for the content or performance of these sites or for the client’s transactions with them. Fresh Frog Design provides links or references to our client’s websites solely for the convenience of prospective customers and intends that the links it provides be current and accurate, but we do not guarantee or warrant that such links will point to the intended client site at all times.

The client must supply all information requested in writing by Fresh Frog Design within two months from the date of this request. If the client fails to supply this information in writing then the website project can be terminated by Fresh Frog Design and all monies paid may not be refunded. If content is not received within stipulated time by Fresh Frog Design Limited the quote given to the client can be increased or the project cancelled at the discretion of Fresh Frog Design Limited.

Fresh Frog Design are not liable for loss, damage or corruption to files or information stored on our servers or individual PC’s relating to a client’s website. The client is solely responsible for any information or files relating to their website.

The Company reserves the right to revise and amend an initial quote to a customer where needed.

Unless otherwise explicitly agreed and stated, the Company’s responsibility is limited to designing customers’ website’s and excludes the update, use, altering, maintenance, troubleshooting etc. of the customer’s website/s once online. The Company reserves the right to request additional payment to cover any or all of such work and/or to refuse to undertake such work.

The Company uses customers material e.g. text, information, photos etc to design customers websites. The Company is not responsible for these materials. The use of these website’s is at the visitor’s or user’s own personal risk. The Company does not warrant the content, accuracy or veracity of any material or other information on the customers’ website’s nor does it warrant that these website’s are free from errors, faults, viruses or other computer or data-corrupting or data-damaging material.

Descriptions of, or references to information, products, services or publications within the customers’ website’s do not constitute or imply their endorsement or recommendation in any way by the Company, its employees or contractors.

 

EXCLUSION OF LIABILITY

To the maximum extent permitted by law the Company excludes liability for any loss, claim, damages or any special, consequential, exemplary or punitive damages (whether directly or indirectly incurred) of any kind arising out of or in connection with any visitors or users access to, or use of the Website, or any material thereon, whether based in contract, tort or whether negligent or otherwise, even if the Company has been advised of the possibility of such damage.