Terms and Conditions

 

  1. 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 as to the terms applying and have accepted these terms and conditions in full.

Please read these terms and conditions carefully. Any purchase or use of our services implies that you have read and accepted our terms and conditions.

  1. Charges

Charges for services to be provided by Made in Scotland (Increase The Wedge Ltd) are defined in the project quotation that the Client receives via e-mail. Quotations are valid for a period of 15 days. Made in Scotland reserves the right to alter or decline to provide a quotation after expiry of the 15 days.

Unless agreed otherwise with the Client, all website design services require an advance payment of a minimum of fifty (50) percent of the project quotation total before the work is supplied to the Client for review. A second charge of fifty (50) percent is required upon completion of the work, prior to upload to the server or release of materials.

Payment for services is due by cheque or bank transfer. Cheques should be made payable to Made in Scotland and sent to Made in Scotland (Increase The Wedge Ltd), Princes Gate, 3rd Floor, 60 Castle Street Hamilton, South Lanarkshire, ML3 6BU. Bank details will be made available on invoices.

  1. Turnaround time and Content Control

Made in Scotland will install and publicly post or supply the Client’s website by the date specified in the project proposal, or at date agreed with Client upon Made in Scotland receiving initial payment, unless a delay is specifically requested by the Client and agreed by Made in Scotland.

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

During the project, Made in Scotland will require the Client to provide any content that is not part of the service provided: text, images, movies and sound files

  1. Failure to deliver required website content

Made in Scotland is a small business, to remain efficient we must ensure that work we have programmed is carried out at the scheduled time. On occasions we may have to reject offers for other work and enquiries to ensure that your work is completed at the time arranged.

This is why we ask that you provide all the required information in advance. If you agree to provide us with the required information and subsequently fail to do within two weeks of project commencement we reserve the right to close the project and the balance remaining becomes payable immediately. Simply put, all the above condition says is do not give us the go ahead to start until you are ready to do so.

NOTE: Text content should be delivered as a Microsoft Word, email (or similar) document with the pages in the supplied document representing the content of the relevant pages on your website. These pages should have the same titles as the agreed website pages. Contact us if you need clarification on this.

Using the content management systems we integrate, you will be able to keep your content up to date your self. We do however provide training, on-going support, hosting and maintenance if required. Contact Us to find out more regarding this set of services.

  1. Payments

Invoices will be provided by Made in Scotland upon completion but before publishing the live website. Invoices are normally sent via email; however, the Client may choose to receive hard copy invoices. Invoices are due upon receipt. Accounts that remain unpaid fifteen (15) days after the date of the invoice will be assessed a service charge in the amount of the higher of five percent (5%) or £30 of the total amount due every seven days.

Client agrees to reimburse Made in Scotland for any additional expenses necessary for the completion of the work. Examples would be purchase of special fonts, stock photography, printing services etc.

  1. Web Browsers

Made in Scotland makes every effort to ensure websites are designed to be viewed by the majority of visitors. Websites are designed to work with the most popular current browsers (e.g. Firefox, Internet Explorer 8 & 9, Google Chrome, etc.). Client agrees that Made in Scotland cannot guarantee correct functionality with all browser software across different operating systems.

Made in Scotland 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. As such, Made in Scotland reserves the right to quote for any work involved in changing the website design or website code for it to work with updated browser software.

  1. Default and Termination

Accounts unpaid thirty (30) days after the date of invoice will be considered in default. If the Client in default maintains any information or files on Made in Scotland’s Web space, Made in Scotland will, at its discretion, remove all such material from its web space. Made in Scotland is not responsible for any loss of data incurred due to the removal of the service. Removal of such material does not relieve the Client of the obligation to pay any outstanding charges assessed to the Client’s account. Cheques returned for insufficient funds will be assessed a return charge of £25 and the Client’s account will immediately be considered to be in default until full payment is received. Clients with accounts in default agree to pay Made in Scotland reasonable expenses, including legal fees and costs for collection by third-party agencies, incurred by Made in Scotland in enforcing these Terms and Conditions.

Termination of services by the Client must be requested in a written notice and will be effective on receipt of such notice. E-mail or telephone requests for termination of services will not be honoured until and unless confirmed in writing. The Client will be invoiced for design work completed to the date of first notice of cancellation for payment in full within thirty (30) days.

  1. Indemnity

All Made in Scotland services may be used for lawful purposes only. You agree to indemnify and hold Made in Scotland harmless from any claims resulting from your use of our service that damages you or any other party.

  1. Copyright

The Client retains the copyright to data, files and graphic logos provided by the Client, and grants Made in Scotland 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 Made in Scotland permission and rights for use of the same and agrees to indemnify and hold harmless Made in Scotland 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 Made in Scotland that all such permissions and authorities have been obtained. Evidence of permissions and authorities may be requested.

  1. Design Credit

A link to Made in Scotland 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. When total development charges are less than £5000, a fixed fee of £500 will be applied. The Client also agrees that the website developed for the Client may be presented in Made in Scotland’s portfolio.

  1. Access Requirements

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

  1. Post-Placement Alterations

Made in Scotland cannot accept 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.

  1. Domain Names

Made in Scotland 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 Made in Scotland. The Client should keep a record of the due dates for payment to ensure that payment is received in good time.

  1. General

These Terms and Conditions supersede all previous representations, understandings or agreements. The Client’s signature below 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.

  1. Governing Law

This Agreement shall be governed by Scottish Law.

  1. Liability

Made in Scotland 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 of negligence or other cause in the production of a web site/service
    • Loss or damage to clients’artowrk/photos, supplied for the site. Immaterial whether the loss or damage results from negligence or otherwis

The entire liability of Made in Scotland 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.

  1. Serverability

In the event any one or more of the provisions of this Agreement shall be held to be invalid, illegal or unenforceable, the remaining provisions of this Agreement shall be unimpaired and the Agreement shall not be void for this reason alone. Such invalid, illegal or unenforceable provision shall be replaced by a mutually acceptable valid, legal and enforceable provision, which comes closest to the intention of the parties underlying the invalid.

Made in Scotland Terms and Conditions v1.1/ Updated on 29/05/2018