Terms and Conditions
Please read carefully...
The following terms and conditions apply to all work and communication between us, “Coulldown Limited” (“we”), (“our”), (http://coulldown.com) and the client (“you”), (“your”). By using our website and our services, you hereby consent and agree to all the terms and conditions within this agreement.
Company Registered in England No. 9721564
VAT Registration No. 228 3686 83
The registered office and trading address is:
92 Field Way
Tel: 01256 636454
Our standard payment terms include a 50% deposit followed by an additional 50% payment upon project completion and launch. Any support or additional development may be required to be paid upfront depending on circumstances.
We accept payments via BACS or GoCardless (via our electronic invoicing service). Any Cheques sent to us will not be accepted and will cause a delay to your project.
BACS Payments should be made payable to Coulldown Limited, Sort Code: 40-09-18, Account Number: 42109549. Once payment has cleared work will commence on your project.
We do not offer any finance or credit facilities but may offer a payment plan. Payment plans are on an individual customer basis and at our discretion.
In the event of default against an agreed payment plan we reserve the right to:
- Alter or Remove a payment plan and require any remaining payments to be paid upfront.
- Cease all work until payments are brought up to date.
- Make changes to the project schedule once payments are up to date.
- Cancel any and all outstanding work, not limited to the work in payment arrears.
Should you run into any issues with paying your agreed payments to us you must notify us in writing as soon as possible. Where appropriate we will attempt to resolve the issue and alter your arrangements. We do, however, reserve the right to take action without notice when payments are defaulted without prior written notice.
We may charge interest on any overdue payments at the rate of five percent (5%) of the outstanding balance each month until payment is received in full.
We reserve the right to withdraw any of our services in the event that contractual, maintenance or project payments are not paid on time without prior notice.
See cancellations for further information.
Charging for Work
Quotes & Project proposals are valid for up to 30 days after being issued.
The final cost of a project may vary from the originally quoted price for reasons including, but not limited to:
- Changes made by the client that we deem to be significantly different from the proposed work.
- The client delays, defaults or otherwise significantly disrupts the project and the agreed schedule.
- Additional goods or services required to complete the work are used or requested.
Billable time constitutes physical work undertaken by us or our contractors, research or advice requested by the client and dealing with any 3rd parties where requested.
We record our billable time to 15 minute increments and round up to the nearest increment if below. Although we may provide a breakdown of billable time on our quotes we reserve the right to not provide this if requested.
We are not responsible for delays during a project that are caused by situations out of our control. If a delay arises, or is expected, we will notify you accordingly.
We will charge you for any materials, services or 3rd party services that we buy / setup from external supplies that are in connection with your project. These charges will mostly be charged at cost price plus a handling fee. Should you choose to provide your own materials or services these will not be subject to a handling fee.
Any additional work that falls outside of any agreed projects will be charged inline at our hourly rate. We will notify you via email or telephone prior to proceeding with additional work unless notified otherwise.
Our listed package prices are quoted to include a set amount of time and resources. Any additional requirements outside of the package may incur additional costs.
In the event that a quote or project brief is not provided by Coulldown Limited you accept any work you have instructed us to undertake either verbally or written will be chargeable.
We reserve the right to change out pricing without written notice.
Domain names purchased on behalf of the client by Coulldown Limited are owned by the client. It is the clients responsibility to renew their domain names when due.
The client accepts responsibility for all content published on their website, be it supplied by the client or Coulldown Limited.
Out web hosting is supplied through an independent hosting company, currently based in the UK.
Web Servers, Email and other Internet Communications are subject to the following terms:
- Where required, we can take responsibility for the initial setup of web servers, email accounts and web platforms. After which it becomes the clients sole responsibility to record passwords, maintain, administer, backup and secure this data / service.
After the initial setup all password(s), security and account information required to manage the hosting will be retained by Coulldown Limited in a secure portal and sent to clients via email or letter.
Concept and Design approval is accepted via email & written communication. Once concepts, design or alterations are approved you accept they cannot be changed without incurring additional costs. Any design changes must be made in writing.
While we strive to deliver optimal search engine rankings we do not guarantee, nor can we be held responsible for any specific placement or high ranking within search engines.
3rd Part Services
We may be instructed to / setup 3rd party services on your behalf. It is accepted that you are ultimately responsible for any services we engage on your behalf. We will always obtain your permission before undertaking any 3rd party services.
Our support services is billable at an hourly rate and we are not obliged to disclose how your time is allocated or used. All pre-purchased support time does not expire.
All support must be paid upfront unless agreed otherwise, in which our standard payment terms apply as stated in the Payment Terms.
We determine what constitutes support or new development. Work that we deem to be outside of support may incur a higher charge or quote, which we will notify you prior to undertaking work.
Support services can only be redeemed against websites developed by Coulldown Limited. Any help required for other services such as email, hosting etc. will be provided on a discretionary basis.
Our Right to Sub-Contract
We are entitled to sub-contract any of our work to be carried out on your project.
On occasion it may be necessary for us to gather confidential or sensitive information from you to complete our work. Any information we gather or share with you is securely held on site and never passed to any third parties without your permission. Should any of this information change you can notify us in writing.
Any sensitive information or material falling within the Data Protection Act (1998), subsequent legislation, and accompanying regulations that we impart to you is regarded as private and will constitute a breach of client obligations if such information is disclosed with a third party without our written consent.
Legal and Copyright
Any copyright and other intellectual property rights remain our sole property for any work or concepts created by Coulldown Limited. Once payment has been received in full, you have the right to use our work for its intended purpose only.
You cannot sell, copy or distribute in any format any of the code written or supplied by Coulldown Limited to any external party or use outside of its intended location without our written permission.
If you cancel the project before it is finished, you have no copyright license or similar rights in the work that we have done so far. You cannot make use of our work or exploit it in any way.
We have the right to use all, or any part of the work we produce for our own website, portfolio or for advertising to other clients.
If you are providing us with work or materials to incorporate into a design or within a project, it is your responsibility, and we accept no liability, to make sure that:
- The work is of a legal nature and complies with all laws.
- You own the copyright or license to use the materials for its intended application.
By failing to comply with these obligations, you agree to compensate us for any claims, damages, legal action or expenses we face as a result of your actions.
Although we develop solutions that provide you potential revenue through design, code or advice the performance of such implemented or suggested solutions are your reasonability.
It is your responsibility to ensure that any products or services you choose are suitable for your business and requirements. While we may discuss / advise or advertise products / services throughout our website, in person, phone or other communication means it is ultimately your decision and you accept that Coulldown Limited cannot be held liable, in any way, for influencing any decisions that result in you undertaking services with either us or 3rd parties.
We cannot be held liable for any financial, criminal, performance or any other associated losses or damages in relation to any financial, sales, personal information, 3rd part services, advice, loss of data, generated from, suggested, advised or associated with any of our work.
All work produced by Coulldown Limited is provided “as is” without warranty of any kind.
By supplying us with any materials or products you do so at your own risk. We are not responsible if such items are lost, stolen or damaged unless by reasonable and foreseeable means.
We have the right to cancel any commitments we have made, by writing to you, if:
- You break any of your obligations under this agreement.
- You make substantial changes or have us stop work while it is in progress.
- You delay work without written notification, which we deem as a legitimate acceptable reason.
- You are abusive or undertake illegal activities.
- You do not commit, or delay the required resource(s) to undertake the requested work which we deem, in turn, significantly impacts the operations of Coulldown Limited.
If you break your obligations or if we cancel our commitments, you will be immediately responsible for paying any fees and expenses resulting from us carrying out your project / instructions up to the date of the cancellation and any contracted external services made on your behalf.
Upon written notice of termination / cancellation form Coulldown Limited we will provide all works up to the point of cancellation within 30 days. Any payments made up to the time of cancellation are non-refundable.
Deposit are non-refundable.
You may be required to settle, in part, any outstanding invoices up to the value of the work undertaken and we reserve the right to withhold any work until payment is made in full.
Should you wish to cancel any or all arrangements between us you must notify us in writing. Once written notification is received we will return all work within 30 days up to the value of the paid invoices against said work. We encourage clients to discuss any issues or situations outside of your control before you cancel your services so we may find a possible solution. You accept fully that you cannot hold Coulldown Limited, its directors, shareholders, employees or 3rd parties responsible for any loss or damages resulting from your cancelation of our services.