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Terms & Conditions

Below you will find our terms and conditions. You automatically agree to these terms when using, affiliating and purchasing our services.

About us as a company.

We describe ourselves as a marketing, hosting and IT support company providing advertising, hosting and IT services to businesses around the world.

Company Name: CreateTheWeb
Company Type: Partnership

Company Website: https://www.createtheweb.co.uk
Contact Email: hello@createtheweb.co.uk
Contact Telephone: +44 (0) 1225 375001

Contact Address: 4th Floor, Silverstream House, 45 Fitzroy Street, Fitzrovia, London, W1T 6EB.

About our terms & conditions.

Our terms and conditions have been developed so that they are as easy as possible to read and understand. At the bottom of this page, you will find a list of our services, these are links to relevant pages with specific terms and conditions for those services. Before clicking through to any of the links, you will find our general terms and conditions on this page which apply to all services we provide.

When using our services, you agree to all of our terms and condition on all of the provided pages, but we have separated the services into different pages to make them easier to read and understand. If this is unclear to you, please contact us before starting your services. You cannot claim that this contract is unclear if you do not make us aware before agreeing.

1. Contract definitions.

1.1. How do we refer to CreateTheWeb (the service provider) in this contract? — “We” “Us” “Organisation” “Provider” "The Team" "Team" or “CreateTheWeb”.
1.2. How do we refer to you (the customer) in this contract? “You” “Your” “Client” “Customer” or “Member” – Each person or entity who applies for our service or is a designate of anyone who applies for our services.
1.3. How do we refer to gradual payment plans (an invoice that is paid gradually over a period of time in smaller values) in this contract and in general communication? Services that have a set one-time cost that is split across multiple monthly payments. Also known as: "gradual payment", "gradual payment plan", "instalments", "re-payment programme" and "repayment programmes".
1.4. How do we refer to gradual payment plans (an invoice that is paid gradually over a period of time in smaller values) in this contract and in general communication? Services that have a set one-time cost that is split across multiple monthly payments. Also known as: "gradual payment", "gradual payment plan", "instalments", "re-payment programme" and "repayment programmes".

2. What are our terms and conditions?

This terms and conditions document is the legal agreement between the service provider (CreateTheWeb) and a person who wants to use our service (the customer).

3. Acceptance and agreement.

3.1. How do you agree and enter into this contract? — It is not necessary for any client to sign an acceptance of these terms and conditions for them to apply. If the client accepts a quotation/proposal (regardless of if they provide a signature), and uses CreateTheWeb's services the client will be deemed to have satisfied themselves as to the terms applying and have accepted the following terms and conditions in full. Upon acceptance the client agrees that they have read and understand these terms and conditions in full. Any purchase or use of our services implies that you have read and accepted our terms and conditions.
3.2. Changes to this contract. — We may make revisions to this contract regularly, we may notify you regarding the changes, or we may not. We recommend checking our terms and conditions regularly to ensure you are up to date.
3.3. What do we agree to? — We agree that we have the experience and ability to do everything we’ve agreed with you and that we’ll do it all in a professional and timely manner. We’ll endeavour to meet every deadline that’s set and on top of that, we’ll maintain the confidentiality of everything you give us.
3.4. By using our services and agreeing to our contract you warrant that:

3.4.1. You are legally capable of entering into binding contracts.
3.4.2. You are at least 18 years old.
3.4.3. If you are acting on behalf of a company or other business, you further warrant that you personally have the authority to bind that company or business.

4. Payments, pricing and service costs.

4.1. Pricing of our services. — Costs for the services to be provided by CreateTheWeb are displayed on our website or within the quotation/proposal that the client receives through e-mail communication. Quotations are valid for a period of 30 days.
4.2. Deposits. — Some services require a payment in advance (deposit), which will be 50.00% of the total cost. The remaining charge of the quotation/proposal total is due upon fulfilment of the service or within 30 days if the client does not provided amendments or feedback.
4.3. When do we invoice for our services? — All services provided by CreateTheWeb require payment before our services commence unless agreed otherwise.
4.4. Late payments. — We are and will be as fair as we possibly can with our overdue accounts. If an invoice is outstanding (past the displayed due date on your invoice) for longer than 5 working days, termination of services may occur, you will receive 3 warnings before termination
4.5. Late payments fee. — If your invoice exceeds 30 days overdue, you will regrettably incur a +10% late fee (every 30 days) to cover the admin time taken to chase payment.
4.6. Additional costs. — If your project exceeds our original predicted costs and/or hours, we are authorised to issue additional proposals/quotations without prior notice. If the client is not happy with this, CreateTheWeb can discontinue any further work and is not obligated to provide a refund. This applies to circumstances where the client generates more hours of work for us than we originally predicted. *We are very fair with our pricing, but we have to be rightfully paid for our time spent on your project.
4.7. Credit and debit card payments. — We cannot offer credit card payments for invoices lower than £150.00. All other payments must be made by bank transfer unless agreed otherwise.
4.8. Bank account changes. — For internal purposes, we may change our bank account information. We will let you know if this happens. We will not allow delayed payments for this reason. If you make a payment to the wrong bank account, you may be subject to pay your balance again to our correct bank account.
4.9. New services. — If we launch new services with different pricing plans and options, you are not entitled to receive any money back for services you have purchased from us previously with new lower/different price points.
4.10. Monthly services price change. — We may change the price of any monthly services at any time with no prior notice. You must agree to our new prices to continue using our services.
4.11. Contact commitments. — If you have agreed to a proposal/quotation with a commitment period, you are required to pay every related invoice that's due within the period agreed.
4.12. Budget commission, costs and margins. — We are not obliged to disclose any information concerning the rate or value taken by us or the supplier of any of our services at any time to any individual or party.
4.13. Revisions of your total invoice after we have completed your services. — Up to 90 days after the completion of your service and/or project we reserve the right to issue additional invoices if we have evaluated that more time and funds have been invested into your project than we originally predicted.
4.14. Proposals and quotations are only estimates. — The original proposal that we provide you with before we start your service is only an estimate. We are entitled to issue further invoices/proposals at any time throughout your service if we believe that more budget is required to fulfil your service correctly.
4.15. Supplier information. — CreateTheWeb does not have to provide any information about the suppliers or partners that we use for any of our services.
4.16. Unsuccessful jobs and services. — If the job or service that you have paid for (or you are due to pay for) is unsuccessful, you are still required to pay for our time and services and no refund will be granted.
4.17. Cheque payments. — We do not accept any form of payment via cheque. If payment is made by cheque we will not be able to accept it under any terms.

5. Refunds and money back.

5.1. What's refundable? — None of the services provided by us are refundable as they are classed as "Freelance work", not goods. You are paying for our time, therefore it is non-refundable. Any payments made to CreateTheWeb are non-refundable on any terms unless mutually agreed.
5.2. Deposit refunds. — If any of the following points occur, you can request up to 50.00% of the deposit to be refunded;

5.2.1. Our company stops trading before the fulfilment of your service.
5.2.2. We do not complete your provided service within 24 months.
5.2.3. The service is not as described in our project proposal/quotation. If the client were to use, interact with, modify/edit or publish our services after claiming it is not as described, this will not apply.
5.3. How long do you have to request a refund of a deposit? — A deposit refund request must be made within 7 working days of receiving our initial draft/first look for this to apply. Any other refunds have to be requested within the first7 days of receiving our service (if we agree a refund is acceptable).
5.4. Refund value. — The exact value of the refund will be calculated depending on the time spent on your project. We reserve the right to determine the value of the refund.

6. Cancellation of recurring services.

6.1. When can you cancel your services? — Contract commitment periods will be agreed in our proposal/quotation. If we have not notified you contrarily then you are free to cancel your services at any time as long as all our other terms are fulfilled.
6.2. How do you cancel your services? — To cancel your monthly services you must submit our cancellation form here. We cannot accept cancellations in any other format.
6.3. Cooling off costs after you have requested a cancellation. — As our services often overlap into the following month, any invoices that are due to be paid or sent to you within 30 days after your cancellation request must still be paid in full. This includes any monthly rolling services. If your invoice for next month is due to be sent to you in under 30 days, you will still be required to pay it regardless of wanting to stop our services. You do not have to have received our next invoice for this to apply.

* For example, if you are billed for a monthly rolling service on the first of every month, and then cancel at any time in the month, you will be required to pay next months invoice even if you have not received it yet.

7. Copyright.

7.1. Content you provide. — Files, graphics, logos, and any content provided by the Client grants CreateTheWeb 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 CreateTheWeb permission and rights for use of the material. CreateTheWeb will not be held responsible for any and all claims resulting from the Client’s negligence or inability to obtain proper copyright permissions. Evidence of permissions and authorities may be requested.
7.2. What we own. — We’ll retain the copyright to any designs and content and grant you a non-exclusive licence to use it.
7.3. Our portfolio. — You grant CreateTheWeb the right to use any information or examples from any services we provide on our portfolio.

8. Liability.

8.1. CreateTheWeb hereby excludes itself, its Employees, and or Agents from all and any liability such as:

8.1.1. Loss or damage caused by any inaccuracy;
8.1.2. Loss or damage caused by omission;
8.1.3. Loss or damage caused by delay or error, whether the result of negligence or other cause in the production of the web site;
8.1.4. Loss or damage to clients’ artwork/photos, supplied for the site. Immaterial whether the • Loss or damage results from negligence or otherwise;
8.1.5. Loss or damage caused by your website going offline;
8.1.6. Loss or damage caused by loss of data.
8.2. Service is liable to you or any third-party for direct or indirect damages resulting from the use, non-use of services provided herein, whether or not such damages resulted from the negligence of CreateTheWeb, even if CreateTheWeb has been advised to the possibility of such damages.
8.3. The entire liability of CreateTheWeb 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.

9. Data collection and security.

9.1. Passwords and sensitive data storage. — We utilise LastPass, KeePass and Bitwarden to store passwords securely. Please review LastPass's here, KeePass's here, and Bitwarden here to see how they handle data.
9.2. Who can access your login information. — Your login information can only be accessed by members of our team or the third party services we use to operate your services.
9.3. Sharing your information. — CreateTheWeb, under no circumstances, will share, expose or sell your personal information to anyone, or any business.
9.4. Our data on your systems. — We expect you to take reasonable and appropriate steps to protect data related to CreateTheWeb. We’ll need you to inform us immediately if you suspect that your data has been compromised or become known to unauthorised third parties. We may need to change passwords and/or disable accounts in order to protect the integrity of our servers and services if we believe that one or any of your accounts have been compromised or are being misused. If our servers or services are affected as a result of your login details being compromised, then we reserve the right to apply a reasonable charge to remedy the situation.
9.5. 99.9% security. — We, nor any company, can guarantee 100% security of your data, information and passwords. We take all steps to ensure that it's as secure as possible.
9.6. Phone call recording. — We may record any inbound and outbound calls to clients, prospects and suppliers. Under no circumstances can we disable phone call recording or delete any past phone call recordings for company and client protection. All phone calls are recorded within our phone provider (Yay.com), you can read their privacy policy here. All phone calls are then sent to our customer relationship manager (Pipedrive), you can reach their privacy policy here. Phone calls may also be stored on our company cloud storage servers (hosted by pCloud), you can read their privacy policy here.

10. Business closure.

10.1. Refunds if we were to close our company. — If our company were to close, any payments made before this event will not be available for a refund of any kind, but no further payments will be charged to you.
10.2. Notice of closure. — We are required to give our clients, that we hold data for, 7 days' notice before the closure of our company.
10.3. Data removal. — Any data related to you will be available to download for 90 days after you have received our notice of closure.

11. Results.

11.1. No guarantee. — CreateTheWeb will always do it's utmost to ensure the client receives the results that they're looking for. But, no results of any sort are guaranteed from any services provided by CreateTheWeb.
11.2. No results refund. — No refunds are available for marketing and advertising campaigns if results are not received. Remember, you are paying for our time and advertising space online.
11.3. Figures. — Any figures for potential leads, impressions, clicks, sales and enquiries that we present you with are estimates, they are in no way guaranteed or promised.

12. Commuting.

12.1. Travel expenses. — All travel expenses to meetings and remote locations (out of our office) may be payable by you. This will be mutually agreed before commuting.
12.2. Accommodation. — If the remote location is a considerable distance from our offices, and we require overnight accommodation, we will mutually agree on which party will be subject to pay the accommodation fee 3 - 30 working days before the event.
12.3. Cancellation of meetings and events. — If you have to cancel a meeting or event with a team member at CreateTheWeb, for any reason, we must be made aware at least 48 hours beforehand. If we are not made aware, we are entitled to issue an invoice suitable for the time taken to arrange the meeting and commute to the location.

13. Termination of all work.

13.1. We reserve the right to terminate a contract if:

13.1.1. We are unable to get agreement to mark a service or project as complete or satisfactory.
13.1.2. You modify the requirements so much that what is required is outside the original scope of work agreed and you are unwilling to pay the difference between what was agreed and what is (now) required for the new scope.
13.1.3. You don’t provide the information we need to progress the project within a timely manner of commissioning it.
13.1.4. Our relationship with you proves unworkable, in which case we will make all reasonable efforts to hand the project over to be completed, hosted or supported by another party.
13.2. Refunds after termination. — We will not provide any refunds if we terminate a contract.

14. Outsourced work.

14.1. Our sourcing your services. — We may outsource the services that we provide you with to third parties that are within the UK and outside of the UK. We reserve the right to withhold any information about where and to who we have outsourced the services.

Our provided services.

Below you will find links to our service specific terms and conditions. When using our services, you agree to all of our terms and condition, but we have separated the services into different pages to make them easier to read and understand. If this is unclear to you, please contact us before starting your services. Also, if you are unaware of which services you currently use, please contact us so that we can clarify.

You cannot claim that this contract is unclear if you do not make us aware before agreeing.

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