1. These Terms and Conditions shall apply to all work done by Caged Fish Ltd for the client and shall override any terms and conditions stipulated incorporated or referred to by the client (whether orally or in writing) and whether in his quotation or any negotiations. No addition to, deletion from or other variation of these Terms and Conditions shall apply unless it is expressly agreed to in writing by Caged Fish Ltd
2. Initial discussions between Caged Fish Ltd and the Client shall be free to the Client for the first hour per job (this hour can be made up of a single or multiple interactions with the Client) for purposes of quoting and briefing.
3. We reserve the right to refuse to construct a web site which we may judge as unfit due to content or otherwise. This includes, but is not limited by, sites containing adult oriented material such as pornography, sites which promote hatred towards persons belonging to any ethnic group, religion or sexual orientation and sites which infringe the copyright or are contrary to UK laws.
4. The acceptance of a commission shall be deemed as a contractual agreement between the client and Caged Fish Ltd.
5. Caged Fish Ltd cannot always guarantee to start work immediately on a commission but will arrange a date with the client as to when work can commence.
6. All material, both text and images supplied by the client and used in the construction of the client’s web site, will remain the client’s property. All such material will be assumed to be the property of the client and free to use without fear of breach of copyright laws.
7. The copyright for all material provided by Caged Fish Ltd, such as source code, graphics, photographs and text will remain the property of Caged Fish Ltd until payment has been made in full whereupon they will become the property of the client to be used for the domain specified, Caged Fish Ltd does not pass on copyright for resale.
8. Caged Fish Ltd makes every effort to design pages which display acceptably in the most popular current browsers, but cannot accept responsibility for pages which do not display acceptably in new versions of browsers released after pages have been designed.
9. Caged Fish Ltd will submit a client’s website to several of the major search engines as part of the design commission. If a client wishes Caged Fish Ltd to promote a web site as a separate commission, Caged Fish Ltd will make every reasonable effort to promote the website effectively but cannot guarantee high placing in search engine results.
10. Caged Fish Ltd can accept no responsibility or liability if any search engine, online directory or search site, submitted to as part of a web site promotion commission, chooses not to list a client’s web site.
11. Caged Fish Ltd will initially place the client’s website on one of Caged Fish Ltd’s demonstration servers during so that the client may view and comment upon the website’s progress. When both Caged Fish Ltd and the client agree that the website meets the criteria agreed during the commissioning process, Caged Fish Ltd will invoice the client for the final amount due for the commission. On receipt of payment, Caged Fish Ltd will publish the website on the client’s server, or provide the source code for the site via a download (or CD-ROM disk) for the client to upload.
12. If at any point during the Website Development Cycle, a client wishes to cancel, they may do so. Still, they will be invoiced an amount that Caged Fish Ltd judges to be proportional to the amount of work completed on the commission.
13. If during the Website Development Cycle, the client does not supply the content required to complete the commission within a reasonable amount of time, Caged Fish Ltd will consider that the client wishes to cancel the commission.
14. Caged Fish Ltd expects payment by bank transfer, credit card or cash within 14 days of the date on the invoice.
15. Any payment returned by the bank or credit card company will incur a £25 administration charge. This will be invoiced and will be added to the total outstanding debt owed by the customer.
16. Caged Fish Ltd does not undertake to maintain or update a client’s website as part of the design commission. If a client wishes Caged Fish Ltd to maintain or update a web site as a separate commission, Caged Fish Ltd will negotiate with the client a maintenance contract appropriate to the amount of work required. Web site maintenance may also be undertaken on a time and materials basis if the client so wishes.
17. Caged Fish Ltd reserves the right to alter prices at any time without notice. If a client has commissioned any services from Caged Fish Ltd before a change in prices that commission will not be subject to any increase, but any subsequent commission may be subject to an increase.
18. By agreeing to these terms and conditions, your statutory rights are not affected.
19. Payment: An upfront payment of 50% of the total fee is due with the order unless otherwise agreed, in which case payment is due upon completion of the site. Whilst any payment due under the agreement remains outstanding, Caged Fish Ltd shall be entitled at its sole and absolute discretion to withhold provision of any goods or services it would otherwise be obliged to provide under the agreement. All payments by cheque, bankers draft or money order must be made in pounds sterling. All credit card and debit card transactions will be processed in pounds sterling.
20. CAGED FISH LTD prefers the following formats to be supplied for digital design:
21. Images Adobe Photoshop EPS, TIFF, JPEG, PICT, BMAP or layered PSD.
22. Graphics Adobe Illustrator document or EPS. Layouts Adobe Illustrator, Adobe Acrobat* (PDF), Microsoft Word, Microsoft Excel or Microsoft PowerPoint
23. Design Credit: Client’s web site pages which have been designed and constructed by Caged Fish Ltd shall have a link to Caged Fish Ltd’s web site, appearing in small type at the bottom of each web site page. If the client wishes for this to be removed, it shall be agreed before the commencement of the project.
24. Data backup: Caged Fish Ltd will only backup all files necessary to recreate the original web site. Data back up responsibility resides with the client
25. Save for liability in respect of death or personal injury resulting from the negligence of Caged Fish Ltd or its servants, the liability of Caged Fish Ltd (whether in contract, tort or otherwise including negligence) shall not exceed the aggregate of:
(a) the fees charged by Caged Fish Ltd to the Client in respect of the work during the course of which the act or omission which gave rise to liability was done or omitted and
(b) the sum (if any) which is recovered by Caged Fish Ltd from any third party in respect of any such act or omission less any costs and expenses incurred by Caged Fish Ltd in recovering the same, always provided that the said liability of Caged Fish Ltd
Caged Fish Ltd reserves the right to change or modify any of the terms and conditions contained in the Terms and Conditions.