Please read these Terms and Conditions carefully as they will form a contract between us and you; your acceptance of which is agreed from the moment you sign our Website Agreement.
We have tried to keep these Terms and Conditions brief, easy to understand, and as straightforward as possible. If you have any questions however, please do not hesitate to contact us.
1.1. The terms ‘Ginger Nut Design’ or ‘us’ or ‘we’ refers to the owner of the website whose registered office is: Suite 6, 43 Bedford Street, Covent Garden, London WC2E 9HA. Our company registration number in England & Wales is: 7392472 and our VAT registration number is: 102261376. Ginger Nut Design is a trading name of Ginger Nut Media.
1.2. The term ‘you’ or ‘Client’ refers to the user or viewer of our website.
1.3. The term ‘the Project’ refers to the body of work that is being undertaken, normally consisting of several connected parts, such as graphic design, website development and/or hosting.
2. Website Usage:
2.1. If you browse and use this website, you are agreeing to adhere to and be bound by the following terms and conditions of use, which control Ginger Nut Design’s association with you in relation to the use of this website. If for any reason you do not agree with anything on this website, then we respectively ask you to not use the website.
2.2. You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
2.3. The content of the pages of this website is for your general information and use only. It can and will be changed without any notice.
2.4. Neither we or any third parties whom we affiliate with provide guarantee or certification or warranty about the accuracy, timelines, functioning or appropriateness of the information and materials found or offered on this website.
2.5. You recognise that such material and information may contain inaccuracies or errors and we particularly exclude responsibility or accountability for any such inaccuracies or errors to the maximum extent permitted by law.
2.6. Using any material or information from this website is completely at your own risk, for which we shall not be accountable.
2.7. It will be your own responsibility to safeguard that any products, services or information obtainable through this website meet to your specific requirements.
2.8. This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, and appearance, written content, videos and graphics.
2.9. Duplicating or reproducing the content – including the design, layout, look, appearance, written content, videos and graphics is forbidden other than in accordance with the copyright notice, which forms part of these terms and conditions.
2.10. All trademarks reproduced in this website, which are not the property of, or licensed to us, are accredited on the website.
2.11. Unauthorised use of this website may incur a claim for damages and/or be a criminal offence.
2.12. This website also includes links to other websites. These links are offered for your convenience to provide further information. They do not indicate that we recommend the website(s). We have no responsibility for the content of the linked website(s). Your use of the website(s) and any dispute arising out of such use of the website(s) is subject to the laws of England, Northern Ireland, Scotland and Wales.
3.1. The Client agrees to:
- i. Provide Ginger Nut Design with a reasonable timescale, everything that is requested from you to complete the Project – including text, images and other information.
- ii. Provide us with text and images in the format as required. See below:
- 1. Any images or photographs that are supplied should be in digital format (png or jpg), with a suitable resolution that will allow them to be resized and used on screen.
- 2. Any images that Ginger Nut Design are asked to obtain from third party photographers or stock photography will be charged as an additional cost.
- 3. The Client guarantees that any elements of text, graphics, photos, designs, trademarks or other artwork furnished to Ginger Nut Design for inclusion in their website, or other design, are owned by the Client, or that the Client has permission from the rightful owner to use each of these elements, and will hold harmless, protect, indemnify and defend Ginger Nut Design and its subcontractors from any liability (including solicitors fees and court costs), including any claim or suit, threatened or actual, arising from the use of such elements furnished by the Client.
- 4. Evidence of ownership or permission may be requested by Ginger Nut Design.
- iii. Review Ginger Nut Design’s work, provide feedback, and sign-off approval in a timely manner.
- iv. Make every effort to adhere to all agreed deadlines.
- v. Advise, in advance, of any confidential information to be presented by email, written or verbally, between both parties. Also, for this to be marked as ‘confidential’ in the subject of the email, or clearly on any written documents.
- vi. Provide a minimum of 30 days’ notice in writing, or by email should you wish to cancel any contract.
3.2. Ginger Nut Design agrees to:
- i. Carry out services in a professional and timely manner.
- ii. Make every effort to adhere to any deadlines agreed between us and you.
- iii. Make a reasonable number of revisions to the design, layout, colours etc, until you are satisfied with the design concept or such time as both parties feel an agreement is likely to be reached but no more than 3 major revisions for each page designed. Additional revisions or design work outside the scope of the project will be charged separately.
- iv. Endeavour to complete requested website revisions or updates within 72 hours, wherever possible.
- v. Contact you on a weekly basis to inform you of the Projects progress.
- i. The Client will own, or have express permission to use, the text files, images, graphics and any visual elements, video or sound bytes, that you may have sent to us to use in connection with the Project.
- ii. Ginger Nut Design will maintain copies of all the files used in connection with your project and if you require an additional copy of all the files used in connection with your project, then Ginger Nut Design will be happy to supply this to you. Copies of the website files are maintained by us for a reasonable time (usually at least one year), and if you are hosting with us, then files are maintained both locally and on external servers.
- iii. The copyright to the markup, CSS files, other code that may have been used by us for you, or certain images that the company may have supplied to or for you are licensed to you in connection with this web design project, and will be licensed solely to the domain name on which the website files reside. If you own the domain name, then you own the copyright.
- iv. At the bottom of the website page(s) after payment has been completed, usually it will say Copyright and the name of your business or company. Ginger Nut Design do however reserve the right as the company responsible for the design and/or development to place a small and unobtrusive link at the bottom of your website, thereby not hindering or distracting from your own website design.
- v. As the design company Ginger Nut Design also reserve the right to display and link to your completed project as part of our portfolio, and to write about the project on other web sites, in magazine or ezine articles, books, written or digital publications of any design and source. Please inform us in advance of the website going live if you DO NOT want us to add your site to our portfolio of work.
4. Website Browsers and Website Responsiveness:
4.1. Ginger Nut Design makes every effort to ensure websites are developed to work primarily across all major browsers (e.g. Firefox, Internet Explorer 10 & 11, Google Chrome, etc.) and platforms including other devices such as mobile phones and touchpads.
4.2. Ginger Nut Design cannot guarantee complete and/or long term compatibility across every major browser, platform or handheld device due to updates/upgrades by their respective retailers.
4.3. Ginger Nut Design, cannot guarantee compatibility in old or redundant browser software.
4.4. Therefore, Ginger Nut Design cannot accept responsibility for web pages which do not display acceptably in new versions of browser released after the website has been designed and handed over to the Client. As such, Ginger Nut Design reserves the right to quote for any work involved in changing the website design or website code for it to work with updated browser or platform software.
5. Payments and Contract Lengths:
5.1. Ginger Nut Design has the right to charge the Client up to 75% of the total web development costs, should the Client cancel the website agreement after the design concepts have been agreed but prior to the website going live. The scale of the charge will be dependent on what stage the project is at when the cancellation takes place.
5.2. Once the site goes live and has been handed over to the Client, Ginger Nut Design are not liable for display issues or functionality errors. Ginger Nut Design reserves the right to quote for any additional work involved to correct these faults.
5.3. Contract lengths are normally 2 to 4 months unless agreed beforehand between the Client and Ginger Nut Design. Ginger Nut Design requires a minimum of 30 days’ notice to cancel any contract.
6. Content Management Systems:
6.1. All website designs will be developed using a Content Management System (CMS).
6.2. In order to maintain compatibility between clients Ginger Nut Design uses the WordPress Platform exclusively as our CMS of choice. E-Commerce stores may use different management systems depending on the scale and complexity of the Project.
6.3. However, in some instances, Ginger Nut Design may build a bespoke solution, depending on the exact requirements of the Project.
6.4. Any associated or additional fees, such as installation, setup, testing and introductory training relating to Content Management Systems or E-Commerce Management Systems are covered within your chosen package.
7.1. After the Project has been handed over to the client, copyright is automatically assigned as follows:
8.1. To ensure superior levels of reliability and performance, all our clients websites are hosted on a high speed, state of the art managed dedicated server which utilizes a guaranteed minimum uptime service availability level of 99.9%. Details of the exact specifications of our servers are freely available to all our clients and will be given upon request.
9.1. Ginger Nut Design will not be held liable for any missed launch date or deadline, if the Client has been late in supplying materials, or has not approved or signed off work on-time, at any stage.
10.1. Ginger Nut Design adheres to all national and EU data projection, data transfer, data retention, and confidentiality regulations and always stores data sent to us in a secure manner within our security policy.
11. General Terms of Service:
11.1. A website will not launch until a standing order or BACS payment has been set up, unless special agreement has been reached in advance.
11.2. Additional costs for extra features and/or additional design costs, not covered by our standard packages, will be agreed and invoiced before the website goes live.
11.3. A small admin fee is payable for switching the client to another hosting provider.
11.4. There may be an additional fee for any design changes requested after the initial agreed design has been signed off.
11.5. Ginger Nut Design is not responsible for writing or inputting any text copy unless this has been specified by the client.
11.6. If you are hosting the website elsewhere, Ginger Nut Design cannot guarantee that the website is fully compatible with all hosting provider’s server operating systems, especially any contact forms, Content Management Systems, database driven websites, etc.
11.7. Ginger Nut Design does not offer any technical support for any other website hosting company that you may choose (if you choose not to host the website with us).
11.8. Ginger Nut Design cannot guarantee that the functions contained within any web page (or part of your website design), will always be error free, and therefore Ginger Nut Design will not be liable in any way whatsoever to you for any third party damages, including lost profits, lost savings, or other incidental, consequential or special damages arising out of the operation of or inability to operate this website and any other webpages, even if you have advised us of the possibilities of such damages.
11.9. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. Just the same as a fine, you cannot transfer this contract to anyone else without our consent or permission.
11.10. This contract remains in force and need not be renewed.
11.11. Although Ginger Nut Design have tried to keep this contract language simple, the intentions are serious, and the contract is a legal document under the exclusive jurisdiction of English Law and Courts.
12. Changes to these Terms and Conditions:
12.1. Ginger Nut Design reserves the right to add, delete, or modify any provision of these Terms and Conditions at any time without notice. These Terms and Conditions will always be available to download or print from our website.