Terms & Conditions

Delite Term & Conditions

· These Terms and Conditions are for your protection as well as ours.

· These conditions shall apply to all contracts for services between Delite
and Delite customers (hereinafter referred to as the Client).

· Delite is a trading name of Formed Creative Ltd.

PLEASE READ THESE TERMS OF SERVICE AGREEMENT CAREFULLY, AS IT CONTAINS
IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS AND REMEDIES.

This Agreement (this “Agreement”) is entered into by and between Delite and
you, and is made effective as of the date of your use of this website
(“Site”) or the date of electronic acceptance.

1) Fees

Fees are those as on the Delite website and marketing material and are
representative of the time and resources spent by Delite during the
project.

One off /monthly payments are expected no later than 30 days from receipt
of invoice. If payment is not paid in full by this date, the amount owing
could be subject to interest. Prior warning will be given in writing before
any interest is added to the amount owing.

An invoice will be produced and sent to the client (electronically) showing
the amount owing and the date in which it is expected. Any additional
services, which have been agreed, will be added to the following months
invoice. Unless otherwise agreed in writing prior to completion. All
expenses directly related to the project are charged at cost, with the
exception of mileage, which is charged at a rate per mile as defined in the
Project Proposal/Contract (If Applicable).

2) Payment Terms

A payment link will be sent to Delite clients 7 days after the website demo
link has been emailed. Delite payment terms are strictly 30 days from the
date of invoice*. In the event of an order being placed, the Client accepts
this term. For new clients or those not based outside of the United Kingdom,
invoices must be paid within 30 days of receipt.

Delite reserves the right to add an accumulative percentage on late
payments as dictated under the UK government late payments schedule. At the
time of writing this is 6% plus the Bank of England base rate for business
to business transactions, totalling 6.25%. Payments will be credited first
to late payment charges and next to the unpaid balance.

The Client shall be responsible for all collection or legal fees incurred
by late or default in payments Delite reserves the right to withhold
delivery and any transfer of ownership of any current work if accounts are
not up to date or overdue invoices are not paid in full.

If the Client fails to communicate with Delite for a period of more than 30
days without explanation, the project shall be deemed satisfactory and
complete. Removal of such materials does not relieve the customer of its
obligation to pay the due amount. Customers whose accounts become default
agree to pay Delite reasonable legal expenses and third party collection
agency fees in the enforcement of these Terms and Conditions.

3) Copyright

a) (Delite)

The Copyright of all material that has been captured and or created by
Delite is solely owned by Delite and protected under UK Copyright Law.

Upon completion and cleared funds, Delite will transfer copyright ownership
of the final product to the Client.

In all circumstances, Delite reserves the right to use the footage,
materials and media, either in sections or in entirety, for promotional and
/ or commercial use. Written permission will be requested from the client
before Delite uses any material that has been commissioned by the client.

b) (Material provided by the client)

In the event of the Client providing material (i.e. video, photographs,
logos etc.) for inclusion into a Delite website, copyright must first be
obtained from the original copyright owner / material provider by the
client.

In order to use this material the Client will license the copyright in such
material to Delite on a non-exclusive, royalty free basis.

The Client must indemnify Delite against any future possible claims,
disputes, expenses or similar that may arise from using said material. The
Client’s liability under such indemnity shall not exceed the fees paid by
the Client to KV under this contract.

4) Health and Safety

In all instances Delite will reserve the right to remove any of its
personnel and / or equipment from a location if it is deemed unsafe or if
they are subjected to abusive or aggressive behaviour. In this instance the
Client will be liable for any costs incurred as a result of this. Delite
will observe the Clients site safety rules at all times and will liaise
with the Health and Safety Manager and comply with his reasonable requests
regarding safety on site. Any equipment that is removed/lost or stolen from
site without permission from Delite will be chargeable, unless such loss
results from the negligence act or omission of Delite.

5) Insurance

Delite carries Public Liability Insurance Cover. Upgraded specific project
insurance can also been gained in relation to this clients expectations.
Insurance documents will be sent prior to works commencing, if further
insurance is required it is the clients responsibility to raise this before
they allow work to commence.

6) Aborting Project

In the event of project being delayed or aborted due to lack of
organisation from the Client, additional costs may occur to cover time and
or expenses.

7) Equipment Substitution or Failure

In the unlikely event that Delite experiences equipment failure or
difficulties, all efforts will be made to find suitable alternatives as
soon as possible. If any website downtime occurs due to equipment failure
or difficulties you agree that Delite takes no responsibility for any
financial loss that this may result in.

8) Works Specified

All works undertaken will be as per the Delite terms and conditions and
provided in collaboration with the client brief* (if applicable). The
Client is obligated that this is thoroughly read and understood prior to
finalizing the sign up process.

Any additional edits that are beyond the standard 3 basic edits may be
charged at the current day/hourly rate. Any additional charges will be
discussed before works commence.

Any amendments or additional days work that are not specified in the terms
and conditions will be charged at current day/hourly rates.

Any additional work carried out by Delite, not being part of the terms and
conditions, is not part of the contract and will be subject to separate
negotiation and confirmed in writing by the Client.

9) Project Duration

Any indication given by Delite of a project’s duration is to be considered
by the Client as an estimation. Delite will do everything possible to meet
specific deadlines, provided there is clear communication, prompt payment
and regular feedback from the client. Delite takes no responsibility for
any financial loss should the project deadline exceed the estimated time.
Delite will do their upmost to ensure fluid communication throughout the
duration of the Contract.

10) Performance

Delite will continue to maintain and develop the features mentioned on the
Delite website and in their marketing material. You agree that Delite takes
no responsibility for any financial loss should any errors occur with these
features. Delite will rectify any issues that may arise in a reasonable
timeframe once notified via the support system provided. As soon as any
third part access has been given to the sites files or database the Delite
2 year warranty is void and null.

11) Contract Length

Clients who choose to pay monthly are strictly subject to a 12-month
contract where payment is scheduled on an ongoing monthly basis via
Delite’s chosen payment method. After the initial 12 months Delite have the
right to unpublish the clients website should payment stop on an ongoing
monthly rolling basis.

12) Buy Out

Clients who choose to pay monthly will have the option to buy the website
outright after their initial 12 month contract has expired. This will be
priced at half price to the single price payment option.

13) Design Refresh

Clients who choose to pay monthly will be entitled to a free design refresh
18 month into their 12 month con-tract should they choose to renew and enter
in to a new 12 month contract period. This will be limited to the ‘starting points’
that the current Delite portfolio is showcasing. Clients who choose to pay one off
are at any point entitled to a 25% discount on a design refresh.

14) Copywriting

Delite includes initial copywriting service as standard after a short phone
consultation. This is subject to 0 amendments as the client can then amend
and alter where he/she sees fit. Liability is on the client to check that
the provided content is suitable for their industry and Delite takes no
financial responsibility for any future possible claims, disputes, expenses
or similar that may arise from using said copy.

15) Hosting

This Hosting Agreement (this “Agreement”) is entered into by and
between Delite and the client, and is made effective as of the date of
electronic acceptance. Should you choose to pay for your website as a one off
payment your year 1 hosting will be included. Hosting will then be charged at our
current hosting rate annually. We will try to send out a hosting renewal reminder
one month before this is due though we do not guarantee this. Your electronic acceptance
of this Agreement signifies that you have read, understand, acknowledge and agree to be bound
by this Agreement. Hosting Migrations are provided as a courtesy service,
and we do not make any guarantee regarding the availability, possibility,
or time required to complete a Hosting Migration. Delite takes no financial
responsibility for any problems that arise during or after the migration
period.

16) Search Engine Optimisation (SEO)

Delite sites are developed with SEO capabilities in mind as we adhere to achieve SEO
best practises however Delite takes no responsibility for your search engine rankings.
Delite sites don’t adhere to suggestions from third party SEO tools as we would class
that as an extra SEO service which would be chargeable additionally. If the clients already
has an existing site it is the clients responsibility to seek advice about retaining their SEO
position.

17) Abusive activities

You acknowledge and agree that you may not use our servers and your website
as a place for abusive activities. These terms and conditions classes
‘abusive activities’ as any activities that threaten the stability of our
network or that may cause disruption to Delite, our customers or third
parties. You agree that we reserve the right to remove your website
temporarily or permanently from our servers if you are in violation of
these agreed terms.