The following Terms and Conditions apply to all website development and media services provided by Vibrant Pulse which is operated as a Sole Trader under Daniel Fox. It applies to all activities carried out by regular staff or sub-contracted staff under Vibrant Pulse. We suggest you print a copy of these T&C’s for your reference.
1. Acceptance
It is not necessary for any Client to have signed an acceptance of these terms and conditions for them to apply; they can be agreed verbally in a meeting or via email. 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. This must be done in email form with clear instructions to continue.
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. Charges
Charges for services to be provided by Vibrant Pulse are defined in the project quote that the Client receives via e-mail. Quotes are valid for a 30-day period. Vibrant Pulse reserves the right to alter or decline to provide a quote after the expiry of the 30 days.
Unless agreed otherwise with the Client, all website design services require a 20% (20 percent) minimum advance payment, as a non-refundable deposit of the project quote total, prior to work being supplied to the Client for review. With the remaining 80% (80 percent) of the project quote total due upon completion of the work, prior to upload to the server or release of materials.
Payment for services is due by cheque, cash, Direct Debit or bank transfer. Bank details and our address for cheques are made available on invoices.
In the event of non-payment, we reserve the right to suspend or remove your website and withhold artwork and we remain the owner of any works undertaken by ourselves. We will make every effort to ensure that we communicate regarding any unpaid invoices before such action is taken.
3. Client Review
Vibrant Pulse will provide the Client with an opportunity to review the appearance and content of the website and graphic design during the design phase with constant communication and once the overall website or design development is completed. At the completion of the project, such materials will be deemed to be accepted and approved unless the Client notifies Vibrant Pulse otherwise within 7 (seven) days of the date the materials are made available to the Client.
4. Turnaround Time and Content Control
To ensure a prompt turnaround time, we require a range of materials to be completed prior to the commencement of works for you. We will detail what is needed before we start works for you but delays in getting this material to us will result in a longer turnaround time. In return, the Client agrees to delegate a single individual as a primary contact to aid Vibrant Pulse with progressing the commission in a satisfactory and expedient manner.
During the project, Vibrant Pulse will require the Client to provide website or graphic design content to include, for example, but not limited to: text, images, movies and sound files – unless we are asked to create these materials for you specifically. Furthermore, although Vibrant Pulse will source images from legal sources with paid licenses and or, but not limited to, open source/creative commons, it is the responsibility of the client to pay for any fines or ongoing licenses that may come from any media used on the site.
5. Failure to provide required website content
Vibrant Pulse is a small business, and to remain efficient we must ensure that work we have programmed is carried out at the scheduled time. On occasion we may have to reject offers for other work and enquiries to ensure that your work is completed at the time arranged.
On any occasion where progress cannot be made with your website or graphic design because we you the client have not sent us the required information within 60 days, and we are delayed as result, we reserve the right to impose a surcharge of up to 50% of the total project cost. If your project involves Search Engine Optimisation (SEO) we require the text content for your site in advance in order for the SEO to be planned and completed efficiently.
If you agree to provide us with the required information and subsequently fail to do so within 90 days (three months) of project commencement, we reserve the right to close the project and the balance remaining becomes payable immediately.
NOTE: Text content should be delivered as an email (or similar) with the pages in the supplied document representing the content of the relevant pages on your website where text is easily copied and pasted to ensure a speedier progression of works (for example not hand-written or in a PDF without prior permission). These pages should have the same titles as the agreed website pages. Contact us if you require clarification on this.
Using our content management system you are able to keep your content up to date yourself if you choose to do so. Contact us if you require this option.
6. Payment
Invoices will be provided by Vibrant Pulse upon completion but prior to 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 30 days after the date of the invoice will be assessed and a service charge added in the amount of the higher of one and one-half percent (1.5%) or £35 per-month of the total amount due. Once we have been paid in full, the client has ownership of all design work. Please see No.2 about charges for non-payment.
For certain purchases e.g. domain names, ongoing website hosting or management services: unless instructed by email these will be charged for automatically and billed likewise.
7. Additional Expenses
Client agrees to reimburse Vibrant Pulse for any additional expenses necessary for the completion of works. Examples include but not limited to: purchase of special fonts, stock photography etc. (you will be notified of this via telephone or email prior to purchasing the item, unless this is specifically written within the cost of the project).
8. Web Browsers
Vibrant Pulse 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. Mozilla Firefox, Internet Explorer 9, 10 & 11, Google Chrome, etc.). Client agrees that Vibrant Pulse cannot guarantee correct functionality with all browser software across different operating systems.
Vibrant Pulse cannot accept responsibility for web pages which do not display acceptably in new versions of browsers released after the website has been designed and handed over to the Client. As such, Vibrant Pulse reserves the right to quote for any work involved in changing the website design or website code in order for it to work with updated browser software.
9. Default
Accounts unpaid for 30 days after the date of invoice will be considered in default. If the Client in default maintains any information or files on Vibrant Pulse’s web space, Vibrant Pulse will, at its discretion, remove all such material from its web space. Vibrant Pulse 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. Cheques returned for insufficient funds (NSF) will be assessed a return charge of £25 and the Client’s account will immediately be considered to be in default until full payment is received. Clients with accounts in default agree to pay Vibrant Pulse reasonable expenses, including legal fees and costs for collection by third-party agencies, incurred by Vibrant Pulse in enforcing these Terms and Conditions. These are extreme cases and every effort will be made prior to going down these roads.
10. Termination
Termination of services by the Client must be requested with written notice with 1 months notice from a registered email address and will be effective on receipt of such notice. Telephone or verbal requests for termination of services will not be honoured until and unless confirmed in writing or email from registered email address. The Client will be invoiced for design work completed to the date of first notice of cancellation for payment in full within 30 days. Deposits are non-refundable.
11. Indemnity
All Vibrant Pulse services may be used for lawful purposes only. You agree to indemnify and hold Vibrant Pulse harmless from any claims resulting from your use of our service that damages you or any other party.
12. Copyright
Vibrant Pulse cannot grant copyright to all material completed. For example, such material is when we work with open source software to which we work within a license ourselves. For all other material, when paid in full, the client retains the copyright toward and grants Vibrant Pulse the rights to publish and use such material without asking any permissions to do so. The Client must obtain permission and rights to use any information or files that are copyrighted by a third party to which Vibrant Pulse can advise. The Client is further responsible for granting Vibrant Pulse permission and rights for use of the same and agrees to indemnify and hold harmless Vibrant Pulse 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 Vibrant Pulse that all such permissions and authorities have been obtained especially for any copy or images provided to us but not exclusively. Evidence of permissions and authorities may be requested.
13. Standard Media Delivery
Unless otherwise specified in the project quote, this Agreement assumes that any text will be provided by the Client in electronic format and that all photographs and other graphics will be provided physically, in high-quality files fit for the project purpose, electronically.
14. Design Credit
A link to Vibrant Pulse 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. The Client also agrees that the website developed for the Client may be presented in Vibrant Pulse’s portfolio. We may also add a small credit to any printed material although, this is not common practice.
15. Access Requirements
If the Client’s website is to be installed on a third-party server, Vibrant Pulse 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 need to be configured on the server. The usage of third-party servers is only a temporary solution however and, unless stated, must be transferred over to our own hosting environment. We cannot be held responsible for any errors, downtime or increased charges as a result of using a third-party hosting environment.
16. Post-Placement Alterations
Vibrant Pulse 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.
17. Domain Names
Vibrant Pulse may purchase domain names on behalf of the Client. Payment and renewal of those domain names is the responsibility of the Client. However, as stated, we will renew any domain name in our own account automatically. The loss, cancellation or otherwise of the domain brought about by non-payment or late payment is not the responsibility of Vibrant Pulse. The Client should keep a record of the due dates for payment to ensure that payment is received in good time.
18. General
These Terms and Conditions supersede all previous representations, understandings or agreements. The Client’s signature below or payment of an advance fee constitutes an agreement to and acceptance of these Terms and Conditions. Payment online is an acceptance of our terms and conditions.
19. Governing Law
This Agreement shall be governed by English Law.
20. Liability
Vibrant Pulse 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 Vibrant Pulse 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.
21. Severability
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.
22. Non-disclosure
Vibrant Pulse operates a non-disclosure agreement for both parties of information. Vibrant Pulse and its staff will not share sensitive information about business operations with outside parties. From time to time, however, we may use patterns in analytical studies to help evaluate your site and others we operate.
Any material to which we give to you other than completed works, must not be discussed with outside parties and remains the intellectual property of Vibrant Pulse. This includes our work booklets and other such similar material and business systems.
23. Official lines of communication
We have multiple ways for you to contact us which include, but not limited to, meetings/face-to-face, phone (either landline or mobile), What’s App, Facebook messenger via our own page or Daniel Fox personal profile, email and post. Due to the number of communication channels open, we have selected official methods of communication which much be used if you have any other than general questions (for example, a request to change some wording on your website), these are email, post or meeting/phone call (as long as this is followed up with an email). Other forms of communication, due to time pressures, are not monitored as often. Furthermore, we can not guarantee the privacy of communications outside of the official channels although every effort is made to keep all channels secure.
24. Privacy policy
Vibrant Pulse collects data from all our customers and sales inquiries for use of invoicing and accounts. We also will use your email address for the purpose of sending out a newsletter to you. We do not sell your data to any third party although, we store your personal data with other companies including, though not exclusively, MailChimp, Google, Intuit and others for the purpose of maintaining an accurate database and for the use of sending out newsletters.
The nominated data controller is Daniel Fox and any data requests should be addressed to him at info@vibrantpulse.co.uk or posted to 47a Parade, Exmouth, Devon, EX8 1RD. 30 days period will be given from the date of receiving the request to satisfy the request.
We also collect a range of anonymous data on all our websites we run and maintain for both ourselves and our customers. We use this data to evaluate how to make improvements to the websites and marketing of our clients and ourselves.
From time to time, we may pass out public details to other customers, about our customers, for the interest of business networking and provide sales leads. No personal data will ever be passed that is not already published on the internet.
Furthermore, you will be responsible for your own client’s data, privacy policy and all aspects related to GDPR where changes to comply will be your responsibility to notify us of changes needed. We will only offer general advice on GDPR.