These conditions, which are construed under English Law, are applicable to Northern Monkey Creative Media (The Company) and should be read in conjunction with other documents and/or the correspondence comprising issued to the client. By requesting/accepting any work or services by Northern Monkey Creative Media you must accept the terms and conditions below. No signature is required for the acceptance of these terms and conditions as all Northern Monkey Creative Media Clients must agree to below before requesting any work or services and by instructing us we take it as so.
The Contract for any of Northern Monkey Creative Media’s services is to be based on the conditions herein or detailed in the contractual estimate. This contract is valid on all work commissioned to/by Northern Monkey Creative Media and we do not undertake any work unless these terms are agreed to. This contract is still valid even if it is not signed by the client as the client must agree to these terms and conditions when placing an order with Northern Monkey Creative Media. If you do not agree with these terms and conditions then please do not commission Northern Monkey Creative Media.
An upfront payment of 50% of the total fee is due with all orders, unless otherwise agreed, in which case payment is due upon completion of work commissioned to Northern Monkey Creative Media.
Whilst any payment due under the agreement remains outstanding, Northern Monkey Creative Media 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.
All Payment is expected within 5 days of the date on the invoice. Any payment returned by the bank or credit card company will incur a £50.00 administration charge. This will be invoiced and will be added to the total outstanding debt owed by the customer. Charges for web design and print work does not cover the release of source .PSD or .FLA files; if the Customer requires these items then a small administration charge will apply.
All deposits are non refundable.
If at any point during the Website Development or Printing Cycle a client wishes to cancel, they may do so but will be invoiced an amount that Northern Monkey Creative Media judges to be proportional to the amount of work completed on the commission.
3. Unpaid invoices:
Unpaid invoices will bring about automatic suspension of any other service and/or hosting, 20 days after invoice date. Should your hosting be suspended a reconnection fee of £50.00 will be charged for each reconnection of any hosting solution requested by you. The Company cannot be held liable for any loss of business resulting from the termination of any hosting accounts.
The Company cannot be held liable for any potential future loss of business resulting from the termination of any hosting accounts.
The Company cannot be held liable for any loss of business resulting from the termination of any Web Design services.
If any payments are overdue by 60 days or more we reserve the right to take payment via direct debit/Gocardless if set up with us.
Northern Monkey Creative Media reserves the right to alter prices at any time without notice. If a client has commissioned any services from Northern Monkey Creative Media prior to a change in prices, that commission will not be subject to any increase, but any subsequent commission may be subject to an increase.
All Domain Names registered by Northern Monkey Creative Media remain the property of Northern Monkey Creative Media unless ownership is requested prior to registration by the client commissioning the work. Northern Monkey Creative Media shall accept no responsibility for the loss of domain name(s) due to the customers failure to respond to our notification of renewal or failure to pay invoices for renewal.
Northern Monkey Creative Media reserves the right to withhold or prevent the release of domain name(s) should the client default on their account. All services remain under the control of Northern Monkey Creative Media until the account is paid in full.
Northern Monkey Creative Media will impose a charge £65.00 to release a domain name to another IPS tag (Payable upfront before before any transfers can be made and all accounts must be settled in full prior to the transfer).
Data Backup The customer is responsible for undertaking any data back up programs, database, web files or other digital material.
At Northern Monkey Creative Media we strive to produce the highest quality print work, however if the product is unsatisfactory to the client once produced then Northern Monkey Creative Media will strive to correct the product at their discretion however all print work must be paid for on completion regardless of any dispute that may arise between The Company and the Client.
Printing COLOUR ERRORS: Every effort is made to match colours on proofs supplied to the client with the final printed material, however due to the different types of printing process i.e. Digital/Litho we accept no responsibility in colour difference in the final product and class proofs as a guideline only. Colour corrections will be corrected on any reprints in the future for FREE of charge.
Northern Monkey Creative Media Retains the rights to use any of its clients names and/or logos in its own promotional material. This may be without the consent of the client.
All websites incur an annual hosting and domain renewal charge available upon request at time of renewal.
Under no circumstances shall The Company be liable to the Client for an indirect or consequential loss suffered by the Client relying on the information included in the works prepared by The Company including (without limitation) loss of profit, loss of Contracts or pure economic loss. Any liability is strictly limited to the direct losses associated with remedial costs of the work only, not to include claims for delays, out of sequence working, non productive overtime, award of costs, etc. Liability to any third party for any reason is specifically excluded unless separately agreed in writing.
All images used by Northern Monkey Creative Media are not always licensed to the company it is the individual clients legal requirement to ensure that all images used in any of Northern Monkey Creative Media’s work has the appropriate license/ licenses. The company will not be responsible for any images used on any website or printed material once used, and all responsibility lies with the individual client.
5. Stuck Projects
If any website or software project is deemed stuck and Northern Monkey Creative Media Ltd are waiting more than 2 weeks for any information or feedback that delays the launch of the project then we reserve the right to cancel the project and invoice for the work in full. We work to a very tight schedule to ensure that all of our clients projects get completed on time and to meet their deadlines and if we are delayed due to no fault of our own the it is only fair that we cancel the project that is causing the delay and invoice for the full amount.
6. FTP Access:
Northern Monkey Creative Media will supply FTP. Access upon request however in doing so this will void any warranty/support for the website in the future and any changes to coding resulting in error will be charged for accordingly to resolve. A disclaimer will also be requested agreeing to any charges that may occur due to files being changed outside of the company. FTP Access will also only be given if there are no outstanding accounts or invoices owed to Northern Monkey Creative Media. If FTP access is requested due to wishing to leave Northern Monkey Creative Media then a charge would be requested for its release, please see point 6 below.
7. Website Transfer away from Northern Monkey Creative Media:
Northern Monkey Creative Media will transfer any website which it has produced and developed to another provider upon request, there is a charge of £110.00+vat for this service which covers the time spent on packaging the website up and extracting any associated databases linked to it, this also includes all of the original copyright from Northern Monkey Creative Media back to the client.Website can only be transferred if there are no outstanding accounts or invoices owed to Northern Monkey Creative Media.
All design is copyrighted to Northern Monkey Creative Media Ltd. Any websites that are transferred away from us and still wish to use the original site files must not remove the credit tag at the bottom of the website. i.e. Designed by Northern Monkey Creative Media with a link back to our website. If this or the link is removed we will class that as a breech of copyright.
8. Domain Transfer away from Northern Monkey Creative Media:
Northern Monkey Creative Media will transfer any domains it holds for a client to another provider upon request, there may be a small admin charge to cover the time spent on transferring the domains and domains can only be transferred if there are no outstanding accounts or invoices owed to Northern Monkey Creative Media. There may also be additional charges that may have to be paid such as Nominet charges but we will inform you of these prior to the transfer if applicable.
All Northern Monkey Creative Media’s SEO work contains its own separate terms and conditions these are available by request and are subject to change.
We reserve the right to refuse to construct a web site or produce any print work 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 copyright or are contrary to UK laws.
Any web page, print work, design or any other product designed by Northern Monkey Creative Media carries a copyright, and cannot be reproduced without written consent. The placing of an order by the client or other person/Agency on behalf of the client constitutes a guarantee that all necessary authority and permissions have been obtained in respect of the artwork, design and photographs, for use in the artwork. The Advertiser/customer must indemnify Northern Monkey Creative Media in respect of all actions; proceedings; costs demands and claims arising from any such breach.