Terms & Conditions
Below are Novel Websites’s Terms and Conditions. These become legally binding once the first payment has been received and for the duration of that service we provide you in future.
Definitions:
The ‘Client’: The person, persons, business or organisation requesting the services of Novel Websites.
‘Project’: Any work undertaken or service provide by Novel Websites for the client on their request.
‘Domain’: Is the website address as specified by the client.
General Terms:
1. The contract between Novel Websites and the client will be on these conditions. Any variations to these conditions shall have no effect unless agreed in writing. Please read these terms and conditions carefully. By accessing this website and paying for our services you agree to be bound by the terms and conditions below. Novel Websites reserves the right to change the T&Cs at any time without notice.
2. Novel Websites also reserves the right at any time and from time to time to modify or discontinue Novel Websites temporarily or permanently, with or without notice to you. You agree that Novel Websites shall not be liable to you or any third party for any modification, suspension or discontinuance of Novel Websites.
3. Novel Websites cannot take responsibility and are not liable for any copyright infringements caused by materials submitted by the client. Any content including text, images or logo copied from another website and supplied to Novel Websites for use on their website is strictly prohibited. We reserve the right to refuse any material of a copyrighted nature unless adequate proof is given of permission to use such material.
4. Any additions to briefs provided will be carried out at the discretion of Novel Websites and where no charge is made by Novel Websites for such additions, Novel Websites accept no responsibility to ensure such additions are error free.
5. Novel Websites will not be liable for costs incurred, compensation or loss of earnings due to the failure to meet agreed deadlines.
6. Novel Websites will carry out work only where an agreement is provided either by email, telephone, mail or verbally. Novel Websites will carry out work only for clients who are 18 years of age or above.
7. Novel Websites will not be liable or become involved in any disputes between the client and their customers and cannot be held responsible for any wrongdoing on the part of a client. eg. Any disputes re content/images that have been provided to us for inclusion on the site.
8. These Terms and Conditions are governed by and construed in accordance with the laws of England. You agree to submit to the non-exclusive jurisdiction of the English courts, as do we. This applies to all products and services supplied by Novel Websites to customers in the UK, and inside and outside the European Union.
9. Payment
We will provide an invoice to cover the deposit when the cheque has cleared or the BACS payment has reached out account. We will provide an invoice to cover the final payment for the website design and any associated services upon completion of the work. Invoices are normally sent by email. Accounts remaining unpaid thirty days after the invoice date will attract a service charge of 2% of the amount due or £50 per month, whichever is the higher, and additional interest in line with The Late Payment of Commercial Debts Act. If payment is not received within a further seven days, the responsibility for recovery of the money will be transferred to a debt recovery agency.
Website Design:
1. Whilst every endeavour will be made to ensure that the website is free of errors, Novel Websites cannot accept responsibility for any losses incurred due to malfunction, the website or any part of it.
2. When carrying out website re-design work, Novel Websites cannot take responsibility and are not liable for any copyright infringements caused by material taken from the clients existing website. The client agrees that any imagery, text or design on their existing website are free and available to use. Any content including text, images or logo copied from another website and supplied to Novel Websites for use on their re-designed website is strictly prohibited. We reserve the right to refuse any material of a copyrighted nature unless adequate proof is given of permission to use such material.
3. Any imagery or design-work made by Novel Websites and included on the website do not become the copyright of the client and may not be commercially reproduced, redistributed or resold. Where stock images used have been taken from Stock image websites, the stock image websites and/or the various artists who provide content and/or images to the Stock image site own all rights, including the copyrights in and to the images.
4. Where Novel Websites have purchased images from stock image websites. These images are strictly for use by Novel Websites on the website. The client has no right to directly or indirectly use, copy, reproduce, resell, redistribute, provide access to, share or transfer any of these images. Novel Websites are not liable for misuse of these images by the client or any other person/s.
5. Novel Websites retains the right to use your website as an example of our work in, including but not limited to, our portfolio displayed on our website(s), promotional and other materials. We retain the right to display your website in our portfolio in any form that we have deemed appropriate.
6. If necessary, Novel Websites retains the right to make alterations to clients’ websites at any time and without notice. Any changes will be upgrades and in clients’ interest.
7. Novel Websites will not be liable for any costs incurred, compensation or loss of earnings due to the work carried out by the client on the website, on behalf of the client or any of the clients appointed agents.
8. Novel Websites will not be liable for any costs incurred, compensation or loss of earnings due to the unavailability of the site, its servers, software or any material provided by its agents.
9. Novel Websites cannot take responsibility for any losses incurred by the use of any work created for the client. Whilst every care has been taken to ensure websites are problem free and accurate, the ultimate responsibility lies with the client in ensuring that all content is functioning correctly before it goes live. This includes work conducted by a member of the Novel Websites Team during a face-to-face tutorial or tweaking session.
10. The client is expected to test fully the whole website developed by Novel Websites. Where “bugs”, errors or other issues are found after the site is live, Novel Websites is not obliged to correct these issues and should instead be corrected using the CMS by the client.
11. Novel Websites can offer no guarantees of correct function with all browser software. Novel Websites can offer no guarantees as to the availability or interruption of Website Hosting by the web host. Novel Websites cannot accept liability for losses caused by the unavailability, malfunction or interruption of the web hosting, or for loss of turnover, sales, revenue, profits or indirect, consequential or special loss.
12. Novel Websites reserves the right to refuse to handle in any way, material which may be deemed offensive, illegal or in any way controversial, and also to terminate the free hosting service should the necessity arise.
13. Novel Websites cannot accept liability or responsibility for initial ranking, any change in rankings, or drop off in the position of The Client’s website on search engines (including but not limited to Google, Yahoo, Bing, ASK, AOL Search, and others).
14. Novel Websites cannot accept liability for initial ranking, any change in rankings, or drop off in the position of your website due to changes in the algorithms of the search engines (including but not limited to Google, Yahoo, Bing, ASK, AOL Search, and others) or the factors that they use to rank websites.
15. Removed
16. Failure to renew within the expiry date will mean your Novel Websites website will be deleted.
17. Novel Websites will not be liable for any costs incurred, compensation or loss of earnings due to failure to renew. The client’s annual renewal is due once a year on the same date that Novel Websites received the initial payment. Novel Websites will not publicly release any website until it has been verified by the relevant customer
18. Throughout the website development stage and up until the point where the website goes live at the domain name requested by the client, the website will remain on an Novel Websites owned and allotted domain name. This protects all data, images and content belonging to the Client from public view.
19. Removed
20. Novel Websites will only commence work on all website projects after receiving a 50% deposit of the quoted project fee from the client. The final 50% payment is to be made on completion of the project. The website will become live once the clients remaining balance is paid in full.
21. Once Novel Websites has begun work on any website project, it is not possible to refund the 50% deposit if the client wishes to cancel the project. Novel Websites reserves the right to decide whether a refund is applicable if requested by the client.
Branding and Logo Design:
1. Whilst every endeavour will be made to ensure that the Branding, Name and/or Logo is free of errors, Novel Websites cannot accept responsibility for any losses incurred due to any defect.
2. All imagery or design-work with the Novel Websites watermark remain the copyright of Novel Websites and may only be commercially reproduced or resold with the permission of Novel Websites. Upon the final agreement between Novel Websites and the client, the Novel Websites watermark is removed and the imagery or design-work becomes the property of the client.
3. Novel Websites cannot take responsibility for any copyright infringements caused by materials submitted by the client. We reserve the right to refuse any material of a copyrighted nature unless adequate proof is given of permission to use such material.
4. Novel Websites will not take any responsibility for trademark or copyright issues, or any other issue, caused by a logo or name designed by Novel Websites.
5. Novel Websites cannot guarantee that any branding, naming and logo that is designed does not breach any copyright or intellectual property law. It is the full responsibility of The Client to check that any name and/or logo designed by Novel Websites is available to use under intellectual property law.
6. Novel Websites cannot take responsibility for any losses incurred by the use of any work created for the client. Whilst every care has been taken to ensure branding, logos and names are defect free, the ultimate responsibility lies with the client in ensuring that no defects are present. This includes work conducted by a member of the Novel Websites Team at any point during the design process.
7. Novel Websites retains the right to use your logo/name/brand as an example of our work in, including but not limited to, our portfolio displayed on our website(s), promotional and other materials. We retain the right to display your logo/name/brand in our portfolio in any form that we have deemed appropriate.
Domain Name and Email Addresses:
1. If the client has purchased a domain name through a domain registrar and is therefore the domain name owner, it is their full responsibility to ensure that the domain name renewal fees are paid to their domain registrar on time. If the domain name is owned by the client, Novel Websites will not pay the domain name renewal fee when the Novel Websites annual website renewal fee is due.
2. If Novel Websites has set up a mailbox/email address for the client, Novel Websites cannot accept liability for loss of turnover, sales, revenue, profits or indirect, consequential or special loss caused by the unavailability, malfunction or interruption of the third party email hosting solution or the recommended mail client Mozilla Thunderbird. Novel Websites cannot accept liability for losses occurred due to incorrect set up of the clients mailbox/email address by a member of the Novel Websites team.
Graphic Design Work and Printing:
1. When carrying out Graphic Design Work for clients (i.e. for printed products such as business cards and leaflets), Novel Websites will not be liable for any costs incurred, compensation or loss of earnings caused by incorrect printing of these materials. This includes differences in the resolution, colour reproduction, size and layout, between the final proof and the printed products.
2. Once the client has agreed the final proof, Novel Websites will not be liable for any costs incurred, compensation or loss of earnings caused by mistakes or errors that are spotted on the printed products. Whilst every care has been taken to ensure the final proof is mistake free and accurate, the ultimate responsibility lies with the client in ensuring that all content is correct before the printing process.
3. Where Novel Websites have been instructed by the client to print the products containing the Graphic Design Work on the client’s behalf, Novel Websites shall not be required to guarantee an exact match in colour, resolution, size and layout, between the final proof and the printed product. Where Novel Websites have used the third-party printer such as Moo to print the products containing the Graphic design Work, the client agrees to be bound to the terms and conditions available at www.instantprint.co.uk.
4. If the printed products require a second round of printing due to differences spotted between the final proof and the initial printed products, the client will be responsible for covering all costs involved.
Your Privacy
We do not share or sell any of your details with third party companies (other than hosting service provider) without your express permission and we will only email you or contact you about work related matters.