Terms and Conditions
Terms & Conditions
Definition of Terms
References to “We”, “Us”, “Our”, “Ourselves”, “The Company”, “Talk To Phoenix” refers to the service provider, Talk To Phoenix. References to “You”, “Your”, “The Customer”, “The Client” refers to the party or parties entering in to this agreement with Talk To Phoenix. These terms and conditions are subject to change without notice.
Definition of Service
Talk To Phoenix will provide the products and services as agreed in the most recent dated quote or project document. Services will begin when a written or verbal confirmation has been given by the client. We reserve the right to submit an amended quote of project document, should the client’s requirements change.
The client must be the legal copyright holder of all content provided. We reserve the right to refuse to work with any content we deem to be inappropriate. You confirm that any material, content, intellectual property, idea or brand that you request us to work with is the property of the client and you have full rights to it. We will not be held responsible for the infringement or any copyright, intellectual property or fraudulent activity performed as a result of services we have provided. It is the client’s responsibility to ensure ownership and legality of any content, idea or concept we are asked to develop.
Your intellectual property rights will be respected, however copyright of web templates, scripting, photography and graphics, where not supplied by the client, will remain the property of Talk To Phoenix.
Use and Updates
Use of web templates, scripting, photography, graphics and development site where not supplied by the client, is granted for the intended purpose whilst a relationship exists between Talk To Phoenix and the client. Changes and reproductions are not permitted without expressed agreement from Talk To Phoenix. Updates to content owned by Talk To Phoenix where not covered by a content or database management system may conflict with copyright laws.
Hits to the Website
We do not take responsibility, nor guarantee the amount of visits online content will receive. Nor can we in anyway control who views published content, what they do with that content or any contact or enquiry generated. We advise you to publicise any web addresses in a similar way to your telephone number.
Our websites, web hosting, POP3 and SMTP feeds must not be used for sending bulk, unsolicited emails. Under UK Law you cannot send unsolicited emails to private email addresses. You must not use a third party to send unsolicited emails, using our service or their own. You must not use your website to collect addresses for spamming. If it is reported to ourselves, or to a 3rd party anti-spam service, that you have used our service or that of a third party to send such emails, your account may be terminated, without notice. We take our online social responsibility very seriously.
Linking to Us
As a matter of courtesy we request a link to our website somewhere on the content we create. In return we may link from parts of our websites to yours. We reserve the right to reference websites, designs and other items we have created in the form of a portfolio, case study or news item.
Responsibility for Links
We are not liable for content found on external websites, or that of our other clients.
Talk To Phoenix is an independent service provider, and therefore this agreement does not create any employer/employee, partnership, or joint venture with the client.
Any content placed on a web server is said to be “Published”, and while the web address may not be public knowledge, the server will still be accessible to the world at large. We may place items related to your project on a web server in order to facilitate its development. When a site is launched, and its location publicly listed on search engines and other websites, it is accepted that any member of the public has access to it. It is your responsibility to clearly mark any content which is not to be publicly available, and therefore we shall make every effort to password protect it during its development and/or it’s launch.
Assignment and Delegation
As a small new media company our workload can be inconsistent. In the interest of providing an excellent service, we may sub-contract or otherwise delegate part, or all, of a client’s project.
Use of your Information
Any information or content you provide will be used only for the purposes of completing the work as defined. We will handle your information responsibly and securely.
Settlement of monies owed is usually requested by invoice with a 14 day payment with the exception of websites hosted by 3rd parties where payment is due on receipt of the invoice. Payment is to be made in full and within this time. We will require a 50% deposit to be paid in order to begin work on the project and clients are expected to approve the quotation in order to acknowledge entry into a formal contract with Talk To Phoenix for the work ordered. The amount of deposit required will vary between projects and will form part of our quotation. Fees for web design projects are invoiced on making the website ‘live’. The term ‘live’ refers to the final upload and launch of the website. For websites hosted by us invoices carry a 14 day payment term. We reserve the right to ask for payment on receipt of invoice from new clients and for hosting and domain renewals amongst other items and services. We reserve the right to apply interest of 10% every 14 days on late invoices. This is referred to as a ‘late payment fee’. If a debt collection agency becomes involved, the client will be liable for any additional costs incurred. We reserve the right to disable or completely terminate hosting and/or domain services due to non-payment of invoices as we see fit.
Cancellation of Services
By accepting an estimate and/or service plan you enter into a contract bound by these terms and conditions. If you withdraw the order after confirming your acceptance you will be liable to the costs of service to date. Annual and monthly services can be cancelled with one clear month of advanced notice. Usernames, passwords and related files will be provided to you if required.