Term & Conditions

The following terms and conditions apply to all website development/design services that are provided Peak Agency Ltd to the Client.

Please read our terms and conditions carefully. Any purchase of our services implies that you have read and accepted our Terms and Conditions in full.

Acceptance

It is not necessary for any Client to have signed an acceptance of these Terms and Conditions for them to apply. If a Client accepts a quote then the Client will be deemed to have satisfied themselves to the terms that apply and will have fully accepted our Terms and Conditions.

Charges

Charges for any services provided by Peak Agency Limited are defined in the project quotation that the Client receives via email. Peak Agency Limited reserves the right to alter or decline to provide a quotation after expiry of the 30 days.

All services provided by Peak Agency Limited require a down payment of 50% of the full quote price before the work is supplied to the Client to review, unless this has otherwise been agreed in writing with the Client, or if a monthly retainer has been agreed with the Client.

Payment for our services is due by bank transfer. Exceptions can be made but must be agreed prior to Peak Agency Limited undertaking the project.

Bank details will be made available on invoices.

Client Review

Peak Agency Limited will provide the Client with an opportunity to review their project during the development stage during which time we must be informed within 48 hours of any changes. On completion of the project, all materials will be deemed to be accepted and approved unless the Client notifies Peak Agency Limited otherwise within 30 days of the date that the material are made available to the Client.

Turnaround Time and Content Control

Peak Agency Limited will install and publicly post or supply the Client’s materials by the date specified in the project proposal, or by the date agreed between us and the Client upon Peak Agency Limited receiving initial payment. Any delay that is specifically requested by the Client must be agreed with Peak Agency Limited in writing.

In return, the Client agrees to delegate a single individual as a primary contact to aid Peak Agency Limited with progressing the commission in a satisfactory and expedient manner.

During the project, Peak Agency Limited will require the Client to provide the required and relevant website content; text, images, movies and sound files.

Failure to Provide Website Content

As Peak Agency Limited is a small business we strive to remain efficient, and as such we must ensure that the work we have undertaken is carried out at the scheduled time. On occasions we may have to reject offers for other work and enquiries to ensure that a Client’s project is completed at the time that has been agreed. For this reason we ask the Client to provide all of the required information in advance.

We will utilise all of the information that the Client provides to us and if anything is missing when we have finished the project this does not mean that we have not done our job. It is the Client’s responsibility to ensure that all of the relevant and required materials are provided to us. Should anything be missing upon the completion of the project due to the Client’s failure to provide any materials we maintain the right to issue a final invoice. 

If your project involves Search Engine Optimisation we require the text content for your site in advance so that the SEO can be planned and completed efficiently.

If a Client agrees to provide us with the required information and subsequently fails to do so within 30 days of project commencement we reserve the right to close the project and the balance remaining becomes payable immediately. Quite simply, as the aforementioned condition forewarns, the Client should not give us the go ahead to start a project until they are ready to do so.

Payment

Peak Agency Limited will provide invoices upon completion of the Client’s project. Invoices are normally sent out via email however you may choose to receive a hard copy of the invoice. Invoices are due upon receipt.

Clients have 48 hours to dispute anything on the invoice; otherwise payment is expected by the date specified. Accounts that remain unpaid 14 days after the date on the invoice will be assessed a service charge of 5% for every 5 days that it remains unpaid, unless otherwise agreed in writing between Peak Agency Limited and Client. The Client should keep a record of the due dates for payment to ensure that payment is received in good time.

Additional Expenses

The Client agrees to reimburse Peak Agency Limited for any additional expenses necessary for the completion of the work. Examples of this would be any special fonts, stock photographs etc.

Website Browsers

Peak Agency Limited makes every effort to ensure that websites are designed to be viewed by the majority of visitors. Websites are designed to work with the most popular current browsers (e.g. Internet Explorer, Google Chrome etc.). The Client agrees that Peak Agency Limited cannot guarantee correct functionality with all browser software across differing operating systems.

Peak Agency Limited cannot accept responsibility for web pages which do not display acceptably in new versions of browsers released after the website has been designed and handed over to the Client. Peak Agency Limited reserves the right to quote the Client for any work that is involved with changing the website design or website code for it to work with any updated browser software.

Default

Accounts unpaid 30 days after the date of the invoice will be considered in default. If the Client in default maintains any information or files on Peak Agency Limited’s web space, Peak Agency Limited will, at its discretion, remove all such material from its web space.
Peak Agency Limited is not responsible for any loss of data incurred due to removal of service. Removal of such material does not relieve the Client of the obligation to pay any outstanding charges assessed to the Client’s account. Clients with accounts in default agree to pay Peak Agency Limited any reasonable expenses, including legal fees and costs for collection by third-party agencies incurred by Peak Agency Limited in enforcing these Terms and Conditions.

Termination

Termination of our services by the Client must be requested in a written notice and will be effective upon receipt of such notice. Email or telephone requests for termination of services will not be honoured until and unless confirmed in writing. The Client will be invoiced for all work completed by Peak Agency Limited to the date of first notice of cancellation for payment in full within 14 days.

Indemnity

Peak Agency Limited services may be used for lawful purposes only. The Client agrees to indemnify and hold Peak Agency Limited harmless from any claims resulting from your use of our service that damages you or any other party.

Copyright

The Client retains the copyright to data, files and graphic logos provided by the Client, and grants Peak Agency Limited the rights to publish and use such material. The Client must obtain permission and rights to use any information or files that are copyrighted by a third party. The Client is further responsible for granting Peak Agency Limited permission and right for use of the same and agrees to indemnify and hold Peak Agency Limited from any and all claims resulting from the Client’s negligence or inability to obtain proper copyright permissions. A contract for website design and/or placement shall be regarded as a guarantee by the Client to Peak Agency Limited that all such permissions and authorities have been obtained. Evidence of permissions and authorities may be requested.

Design Credit

A link to Peak Agency Limited will appear in either small type or by a small graphic at the bottom of the Client’s website. If a graphic is used, it will be designed to fit in with the overall site design. If a client requests that the design credit be removed, a nominal fee of 10% of the total development charges will be applied. The Client also agrees that the website development for the Client may be presented in Peak Agency Limited’s portfolio.

Access Requirements

If the Client’s website is to be installed on a third-party server, Peak Agency Limited must be granted temporary read/write access to the Client’s storage directories which must be accessible via FTP or cPanel access. Depending on the specific nature of the project, other resources might also need to be configured on the server.

Post-Placement Alterations

Peak Agency Limited cannot accept any responsibility for any alterations caused by a third party occurring to the Client’s pages once installed. Such alterations include, but are not limited to additions, modifications or deletions.

Domain Names

Peak Agency Limited may purchase domain names on behalf of the Client. Payment and renewal of those domain names is the responsibility of the Client. The loss, cancellation or otherwise of the domain brought about by non or late payment is not the responsibility of Peak Agency Limited.

General

These Terms and Conditions supersede all previous representations, understandings or agreements. The Client’s signature or payment of an advance fee constitutes agreement to and acceptance of these Terms and Conditions. Payment online is an acceptance of our Terms and Conditions.

Social Media Management

Social Media Marketing and Management is defined as helping a client to promote their products or services through social media channels. Peak Agency Limited will honour the components of your chosen social media package, providing an agreement to a minimum 3 months contract is served and monthly payments are received in advance. In the event that payment is not received on time, we regret that further work will be halted until this is rectified.

Governing Law

This agreement shall be governed by English Law.

Liability

Peak Agency Limited hereby excludes itself, its Employees and/or Agents from all and any liability from:

  • Loss or damage caused by any inaccuracy;
  • Loss or damage caused by omission;
  • Loss or damage caused by delay or error, whether the result or negligence or other cause in the production of the website;
  • Loss or damage to Clients’ artwork/photos, supplied for the site. Immaterial whether the loss of damage results from negligence or otherwise.

The entire liability of Peak Agency Limited to the Client in respect of any claim whatsoever or breach of this Agreement, whether or not arising out of negligence, shall be limited to the charges paid for the Services under this Agreement in respect of which the breach has arisen.

Please contact us for clarification of any of our Terms and Conditions.

We maintain the right to update our Terms and Conditions at any given time.