1.1 Unless otherwise expressly stated, all prices shall be in Pounds Sterling and shall be exclusive of VAT.
1.2. The price stated in the Quote shall be for the work set out in the Quote. The Company will provide separate quotations for any additional work to be undertaken by themselves or a third party if applicable. If the Client wishes to proceed with such additional work, then the Client shall be required to confirm in writing to the Company that the quotation for such additional work is accepted (which shall constitute an Order). Such Order shall only be deemed to be accepted when the Company issues a written acceptance of the Order, or when the Company has started to provide the additional services having received the Order, whichever happens first, at which point the contract for such additional services shall come into existence. For the avoidance of doubt, any such additional works shall be provided on the same terms as this Agreement.
2. INTELLECTUAL PROPERTY RIGHTS
2.1. It is the responsibility of the Client to ensure that they have the right to use any Intellectual Property Rights when they provide any text, image or representation (“Materials”)to the Company for incorporation into the Services and the Client hereby grants or agrees to procure the grant of (as applicable) an irrevocable license to the Company to use such Materials for the purposes of providing the Services for the duration of the Contract.
2.2. Unless expressly stated otherwise in this Agreement or in an Order, the Intellectual Property Rights created, developed, subsisting or used in connection with the Services, including the website and whether in existence at the date hereof or created in the future shall vest in and be the property of the Company or the relevant third party from whom the Company has acquired a right of use with a view to executing the Order. The Client agrees to execute and deliver such documents and perform such acts as may be necessary from time to time to ensure such Intellectual Property Rights vest in the Company.
2.3. The Company grants to the Client a non-exclusive, non-transferrable license to use the Company’s Intellectual Property Rights during the Term (or Extended Term if applicable) solely for the purposes of the Client’s website, subject to the payment of any additional fees charged by the Company during the Term or Extended Term as applicable. Upon termination of the Contract, the license will immediately terminate, and the Client will have no rights to continue using such Intellectual Property Rights.
2.4. The Client shall indemnify the Company against all costs, damages, losses and expenses including any interest, fines, legal and other professional fees and expenses awarded against or incurred by the Company as a result of or in connection with either any claim brought against the Company, its agents, subcontractors or consultants for actual or alleged infringement of a third party’s Intellectual Property Rights arising out of or in connection with, the receipt or use of the Materials which the Client has contributed or approved or any breach by the Client of the terms contained in this clause 2.
3. TERM, TERMINATION AND CONSEQUENCES OF TERMINATION
3.1 The Services shall commence on date of deposit and continue, subject to this clause 3, for the Term of any original Marketing Contract to which this is an addendum.
3.2 The Contract shall renew automatically for a further term of one year at the end of each year, from the date of services commencing unless and until either party notifies the other of its wish to terminate the Contract at the expiry of the current year by giving the other party giving at least 60 days' written notice to expire at the end of that Contract term.
4.1 The Company shall not be in breach of the Contract nor liable for delay in performing, or failure to perform, any of its obligations under the Contract if such delay or failure result from events, circumstances or causes beyond its reasonable control.
4.2 The Company offers unlimited amends for the website whilst the Client is paying for the marketing package with the Company
4.3 Unlimited amends do not include modification of the design or layout of the website in any circumstances, once the original website design has been approved.
4.4 Unlimited amends are amends to copy (wording) on the website. Changes to copy needs to be supplied to the Company in Word format. Unlimited amends does not include any other changes to the website. Unlimited amend requests will be actioned by the Company once per calendar month.
4.5 Any requests for changes apart from copy changes as detailed in 4.4 will be charged at the Company’s standard hourly rate as published on their website at time of request. A quote will be provided by the Company to the Client for requested changes. (Examples of chargeable amends include but are not limited to: changing or resizing photos, changes to meta data requested by the Client, addition of pages to the website, publication of blogs).
4.6 The Monthly Website Management as detailed on the Quote has been priced as part of a package. If the client terminates the Marketing Services, but wishes to continue to use the website, the licensing and hosting of the website will be charged at the published monthly rates of the Company, as detailed on their website. The non-package monthly website fee does not included unlimited amends.
4.7 If the Client is no longer on the marketing package the unlimited amends no longer applies as per 4.6 and any requests will be billed to the Client as per the hourly rate published on the Company’s website. The Company will quote on the work before commencing services. The minimum time billed will be ½ hour.
4.8 All domain names and SSL certificates will be billed separately as and when their renewals come due.
4.9 If a Client wishes to add or remove SSL from their domain name the Company may at their discretion charge for the time involved in actioning this request.
Our standard price for monthly hosting and website maintanance package is as follows:
£95 + VAT a month for clients currently on the marketing package
£125 + VAT a month for client not on the marketiing package (this excludes hosting email accounts)
£160 a month for clients not on the marketing package and this includes hosting up to 5 email addresses
Our standard charges for additional services outside the contracted agreement for all clients on our marketing packages are £65+ VAT per hour. For clients that are not on the monthly marketing package the hourly rate for website ammends and other services is £95.00 + VAT per hour (billing in increments of 1/2 hour)
Caffeine Marketing retains full copywrite on all websites it builds and only host our own websites