Terms of Service | ClientWave Creative

Terms of Service & Privacy Statements

Applicable to ClientWave Ltd & ClientWave Creative Ltd

Authorisation

The client will engage ClientWave Creative Ltd (“ClientWave”), as an independent contractor for the specific purpose of designing and / or developing and / or improving a new or existing website to be displayed via the client’s domain name on ClientWave’s hosting or a host provided by the client. The client hereby authorises ClientWave to access this account, and authorises the internet service provider to provide ClientWave with “write permission” for the client’s web page directory, and any other directories or programs that need to be accessed for this project.The client also authorises ClientWave to promote the completed website with web search engines, as well as with other web directories and indexes.

Website Maintenance | Content Management | Ad Hoc Support & Disclaimer

ClientWave Creative Ltd offers an optional website maintenance support agreement, the details of which can be viewed and downloaded for your consideration. It should be noted that a current (“CMA”) covers all amendments to existing navigational structures and previously published webpages and where the main navigation requires amendment resulting in the development and publishing of additional website pages, the production of such may incur additional charges.

Should the client not wish to take up ClientWave’s website maintenance agreement, website maintenance and support services are offered at £60 + VAT per hour.

It should be noted that ClientWave develops websites optimised for visitors using current versions of leading browsers such as Microsoft Edge, Chrome, Firefox and Safari.

In no event shall ClientWave be liable to the client or any third party for any damages, including any lost profits, lost savings or other incidental, consequential or special damages arising from the operation of or inability to operate delivered web pages or website, even when / if ClientWave has been advised of the possibility of such damages.If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.

Amendments to Content

The client agrees to ensure that submitted content is complete and final prior to any agreed go-live time / date. The time required to make substantial changes to content, submitted by the client, after the web pages have been constructed and the website has been launched (“go-live”) will be deemed to be additional and billed (in the absence of a maintenance agreement), at the hourly rate as defined within the terms and services levels offered withing the Content Managament Agreement (“CMA”) above.

Web Hosting and Email Services

The client understands that any web hosting services require a separate contract with the client’s choice or with ClientWave. The client agrees to use ClientWave hosting which allows ClientWave full access to the website via ftp. The client further understands that if the website hosting is not supplied by ClientWave that certain functions may not work as expected and providing a substitute will incur additional charges.ClientWave’s website hosting agreement also provides the setup of up to five email accounts. The email accounts may be accessed using the webmail logins provided by ClientWave. ClientWave will also provide the information necessary to access email accounts via an email client such as Microsoft Outlook, Outlook Express or Eudora. ClientWave will not however be held responsible for any failure to send / receive email via a third party email client due to incorrect PC / Laptop or internet service provider (ISP) configurations.In no event shall ClientWave be liable to the client or any third party for any damages, including any lost profits, lost savings or other incidental, consequential or special damages arising from the operation of or inability to operate ClientWave hosted web pages or website or email services, even when / if ClientWave has been advised of the possibility of such damages.If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.

Email Services | Specific Terms

LIMITATION OF LIABILITY
We will not be liable for any (a) suspension or loss of the email service, (b) use of the email service, (c) interruption of the email service or interruption of your business, (d) access delays or access interruptions to the email service; (e) loss or liability resulting from acts of or events beyond our control (f) data non-delivery, mis-delivery, corruption, destruction or other modification; (g) loss or liability resulting from the unauthorised use or misuse of your account or password; (h) application of any dispute policy or (i) loss of emails / email content or attachments however so caused. We will not be liable for any indirect, special, incidental, or consequential damages of any kind (including lost profits) regardless of the form of action whether in contract, tort (including negligence), or otherwise, even if we have been advised of the possibility of such damages.
DISCLAIMER OF WARRANTY
We provide the Email Service on an “as is” basis without any expressed or implied representations, warranties or conditions. We do not guarantee that that the Email Service is offered in a timely, secure, or error-free manner. To the fullest extent permitted by applicable law, we disclaim all warranties and conditions, express or implied, including but not limited to merchantability, merchantable quality, correspondence to description and fitness for a particular purpose.
INDEMNIFICATION
You agree to indemnify and hold us and our parents, subsidiaries, affiliates, officers and employees harmless from any claim, demand, or damage including reasonable legal fees asserted by any third party due to or arising out of your use of or conduct on the Email Service.
TERMINATION
We have the authority to terminate all or part of the Email Service with or without cause at any time. We may terminate your account if you violate any term of this Agreement. We may terminate your account for inactivity, which is defined as failing to log in to your account for an extended period of time. If you wish to terminate your account voluntarily, you may do so by discontinuing the usage of the Email Service. Upon termination of your account, your right to use that account immediately ceases, and we have no further obligations to maintain the content in your account or to provide you any further services.

Completion Dates and Client Sign-Off

ClientWave and the client must collaborate regularly to complete the website in a timely manner. We agree to resource the design and development of the website to complete the website no later than 30 days from the date of the clients authorisation to proceed ( verbal, email or in writing ).If copy writing services are not being sought from ClientWave and the client does not supply ClientWave with complete text and graphics content for all web pages agreed within six weeks of the date that the agreement was made, the entire amount of the contract becomes due and payable.If the client has not submitted complete text and graphics content within two months after the date that the agreement was made, an additional continuation fee of 10% of the total contract price will also be assessed each month until the website is completed.

Payment Terms & Deposit

In order to secure the resources required to deliver a website ClientWave will require the payment of a resource allocation deposit. The amount of the deposit will be commensurate with the total value of the project and this amount will be made clear with the quotation element of ClientWave’s proposal.

Should ClientWave fail to meet the clients expectation when considered in conjunction with either written or verbal agreements at any point prior to the initial design sign-off phase ( not applicable to templated or themed website delivery as by the nature of the templated / themed design; the “design” is inherently accepted once the templated / theme has been selected by the client – please also see below), the deposit will be refunded in full.

However, should the Client for whatever reason fail to respond to ClientWave’s requests for content or constructive feedback via telephone or email once ClientWave has received confirmation to proceed with the initial stages of the design and development process, ClientWave reserves the right to take reasonable costs from any deposits received. Should ClientWave’s costs exceed any deposits received in this regard; ClientWave may invoice the Client for additional costs where appropriate.

Once the client has agreed the basic design and confirmed that they would like ClientWave to proceed with the development of the website / cart based on that proposed design. The deposit will not be returned but will be deducted from the final balance of payments.Where a templated or (“themed”) website is requested – the “proposed design” is deemed to have been accepted as of the date of the clients authorisation to proceed ( verbal, email or in writing ).

Any determination as to the refund of deposits paid and / or any request for any such deposit to be refunded will in each and every case be concluded on the basis of what each party believes to be fair and reasonable when adjudicated in conjunction with previously stated terms and conditions.Unless payment terms have been agreed, full payment must be received on or before the agreed “go-live” date.

Should it ever be the case that both ClientWave and the Client agree that all content received from the Client has been published to a new website in accordance with their directives the new website will be deemed to ready to go-live. It is at this point that the balance of accounts must be settled prior to the new website being launched “live”.If the remainder of the balance remain outstanding for more than 14 days after this agreement has been reached then ClientWave reserves the right to either propose a scheduled payment plan or sell the respective website design and structure to another Client.

Once this decision has been made the Client will have no recall or any form of ownership over the respective website and any deposits received from the Client is respect of this agreement will be used to offset ClientWave’s losses.It will be the responsibility of the Client to ensure that appropriate funds are available to settle the balance of account in or around the envisaged go-live date.

Equally should it be the case that ClientWave currently supplies products and / or services to any Client that is unable to settle the balance of any accounts as and when they fall due, any such product or service supply may be suspended or terminated until such time as payment agreements have been reached.

Use of Third Party Contractors

ClientWave reserves the right to assign subcontractors to any project where in doing so ClientWave is able to deliver the requisite functionality or where the requisite skills are unavailable amongst current ClientWave designers or developers.

General Copyrights and Trademarks

The client represents to ClientWave and unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to ClientWave for inclusion in web pages are owned by the client, or that the client has permission from the rightful owner to use each of these elements, and will hold harmless, protect, and defend ClientWave and its subcontractors from any claim or suit arising from the use of such elements furnished by the client.

Completed Website Copyright

Copyright to the completed website / shopping cart produced by ClientWave is owned by ClientWave. Upon final payment of this contract, the client is assigned full rights to use as a website the design, graphics, and text contained in the completed website. Rights to photos, graphics, source code, javascript, PHP, and computer programs are specifically not transferred to the client, and remain the property of their respective owners. ClientWave retains the right to display graphics and other web design elements as examples of their work in any portfolio.

Effects of Termination

Where a Service Agreement (Website Hosting, Website Content Management & Maintenance, Search Engine Postitioning) is terminated by either party before the end of the Initial Term or then-current Renewal Term (except where terminated by the Client due to a material breach of these Terms by ClientWave), all remaining Charges for the Initial Term or then-current Renewal Term (as applicable) shall be immediately payable.

Following termination: (a) ClientWave shall have no obligation to retain any Client data. If the Client wishes to export any data, it should do so prior to the effective date of termination. Where the Client requires ClientWave to export any data on its behalf a charge may be applied for this additional service; (b) the Client shall immediately cease using the Intellectual Property and the Materials; and (c) any provision which expressly or by implication is intended to come into or remain in force on or after termination shall continue in full force and effect. (d) If a Client website is hosted by ClientWave on termination of website hosting services ClientWave has no obligation to continue to display the Client’s website via any major internet browser. (e) Any request to transfer website assets to an alternative agent through termination of services instructed by the Client, ClientWave is under no obligation to do so. Should the Client require any source code to assist them in the transfer of assets to an alternative agent ClientWave reserves the right to charge for any subsuquent actions in the interests of the Client.

Distance Selling Regulations

Distance selling means selling and buying by phone, mail order, via the Internet or digital TV. Such transactions are covered generally by normal buying and selling legislation, but they are also covered by special Distance Selling Regulations.

Distance Selling Regulations give protection to consumers who shop by phone, mail order, via the Internet or digital TV.

The protection includes:

The right to receive clear information about goods and services before deciding to buy;

Confirmation of this information in writing
A cooling off period of seven working days in which the consumer can withdraw from the contract
Protection from credit card fraud

ClientWave shall not be held responsible for any breach of such distance selling regulations through the delivery of eCommerce systems or Shopping Cart websites.

Employment Restriction

The client agrees not to solicit any ClientWave staff (temporary, part-time or full-time) for the purposes of employment directly or indirectly with the clients business or any associated businesses.The client agrees that should such solicitation be made or should an employee of ClientWave Ltd take up employment with the client or any of its associated businesses that the client will compensate ClientWave Ltd in the amount of one full year’s salary and bonuses offered to that employee or £45,000, whichever is greater.

Late Payments

If an amount remains outstanding 7 days after its due date, an additional 5% uplift will be added for each month of delayed payment. ClientWave reserves the right to remove web pages from viewing on the internet until final payment is made. In case collection proves necessary, the client agrees to pay all fees incurred by that process.

Sole Agreement

The information contained in “the proposal” in conjunction with these terms and conditions constitutes the sole agreement between ClientWave and the client regarding their website project.Any additional work not specified in the proposal/contract must be authorised by a written “change of order”. All prices specified in the proposal/contract will be honoured for two months after both parties sign the proposal. Continued services after that time will require a new agreement.

Disclaimer(s)Website Content & 3rd Party Links.

The information contained in this website is for general information purposes only. The information is provided by ClientWave Limited and while we endeavour to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk.In no event will we be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of this website.Through this website you are able to link to other websites which are not under the control of ClientWave Limited. We have no control over the nature, content and availability of those sites. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them.

Every effort is made to keep the website up and running smoothly.

However, ClientWave Limited takes no responsibility for, and will not be liable for, the website being temporarily unavailable due to technical issues beyond our control.In no event shall ClientWave be liable to the client or any third party for any damages, including any lost profits, lost savings or other incidental, consequential or special damages arising from the operation of or inability to operate these web pages or website, ClientWave designed and published webpages or website and or ClientWave Hosted web pages or website even when / if ClientWave has been advised of the possibility of such damages.

Fair Play

Should a client not take up a website maintenance and support agreement for two consecutive quarters prior to their uptake of a website maintenance and support agreement and subsequently under such an agreement requests a volume of amendments which requires an investment by ClientWave considerably over and above the invoice value of the agreement; ClientWave reserves the right to supply a quotation for a proportion of the work requested.

This will be referred to as ClientWave’s fair play clause.

PRIVACY POLICY

ClientWave Creative Ltd | Privacy Policy 2023

This privacy policy sets out how ClientWave Creative Ltd uses and protects any information that you give ClientWave Creative Ltd when you use this website.

ClientWave Creative Ltd is committed to ensuring that your privacy is protected. Should we ask you to provide certain information by which you can be identified when using this website, then you can be assured that it will only be used in accordance with this privacy statement.

ClientWave Creative Ltd may change this policy from time to time by updating this page. You should check this page from time to time to ensure that you are happy with any changes.

This policy is effective from 26 May 2012.

What we collect

We may collect the following information:

name and job title
contact information including email address
demographic information such as postcode, preferences and interests
other information relevant to customer surveys and/or offers

What we do with the information we gather

We require this information to understand your needs and provide you with a better service, and in particular for the following reasons:

Internal record keeping.
We may use the information to improve our products and services.
We may periodically send promotional emails about new products, special offers or other information which we think you may find interesting using the email address which you have provided.
From time to time, we may also use your information to contact you for market research purposes.
We may contact you by email, phone or email.
We may use the information to customise the website according to your interests.

Security

We are committed to ensuring that your information is secure. In order to prevent unauthorised access or disclosure, we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect online.

Links to other websites

Our website may contain links to other websites of interest. However, once you have used these links to leave our site, you should note that we do not have any control over that other website. Therefore, we cannot be responsible for the protection and privacy of any information which you provide whilst visiting such sites and such sites are not governed by this privacy statement. You should exercise caution and look at the privacy statement applicable to the website in question.

Controlling your personal information

You may choose to restrict the collection or use of your personal information in the following ways:

whenever you are asked to fill in a form on the website, look for the box that you can click to indicate that you do not want the information to be used by anybody for direct marketing purposes
if you have previously agreed to us using your personal information for direct marketing purposes, you may change your mind at any time by writing to or emailing us at support@clientwave.co.uk

We will not sell, distribute or lease your personal information to third parties unless we have your permission or are required by law to do so.

We may use your personal information to send you promotional information about third parties which we think you may find interesting if you tell us that you wish this to happen.

You may request details of personal information which we hold about you under the Data Protection Act 1998. A small fee will be payable.

Use of Cookies

How we use cookies

The UK government has revised the Privacy and Electronic Communications Regulations, which came into force in the UK on 26 May 2012, to address new EU requirements. The Regulations make clear that UK businesses and organisations running websites in the UK need to get consent from visitors to their websites in order to store cookies on users’ computers.

The following table details our use of Cookies.

Google Analytics	_utma _utmb _utmc _utmz*	Collects information about how visitors use our site. We use the information to compile reports and to help us improve the site. The cookies collect information in an anonymous form, including the number of visitors to the site, where visitors have come to the site from and the pages they visited.	Google Analytics Privacy Policy.You can choose to opt out of Google Analytics.
Facebook Like Us	datr*	Allows visitors to Like/Send on Facebook, shows our recent activity on Facebook.	Facebook Privacy Policy

What is a Cookie..?

A cookie is a small file which asks permission to be placed on your computer’s hard drive. Once you agree, the file is added and the cookie helps analyse web traffic or lets you know when you visit a particular site. Cookies allow web applications to respond to you as an individual. The web application can tailor its operations to your needs, likes and dislikes by gathering and remembering information about your preferences.

We use traffic log cookies to identify which pages are being used. This helps us analyse data about web page traffic and improve our website in order to tailor it to customer needs. We only use this information for statistical analysis purposes and then the data is removed from the system.

Overall, cookies help us provide you with a better website, by enabling us to monitor which pages you find useful and which you do not. A cookie in no way gives us access to your computer or any information about you, other than the data you choose to share with us.

You can choose to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. This may prevent you from taking full advantage of the website.

If you would like a copy of the information held on you please write to:

ClientWave Creative Ltd

14a Forest Gate, Bowood Estate
Pewsham, Chippenham,
Wiltshire, SN15 3RS

If you believe that any information we are holding on you is incorrect or incomplete, please write to or email us as soon as possible, at the above address.

We will promptly correct any information found to be incorrect.

Terms of Service & Privacy Statements

PRIVACY POLICY

ClientWave Creative Ltd | Privacy Policy 2023

Use of Cookies

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