Terms and Conditions
Kalloway Creative aims to always providing the highest levels of web and graphic design services. All work carried out is on the understanding that the client agrees to the following terms and conditions:
Kalloway Creative Website Content
Unless stated otherwise, all content (inclusive of text, graphics, images, audio, video, software, data compilations, page layout etc.) included on this website is the property of Kalloway Creative. By continuing to use the Website you acknowledge that this content is protected by relevant copyright, trademarks and other intellectual property rights legislation. Under no circumstances can any content from this website be used, sold, re-created, modified, copied, distributed or shared without prior written permission.
Please do not plagiarise any of the content on this website. All content and this website are the property of Kalloway Creative. Any content on this website must not be reproduced, sold, copied or shared without prior consent.
All invoices are payable upon receipt. Failure to make payment in relation to invoices within agreed payment timescales, may lead to the withdrawal of our services, retention of digital files related to the order, or even the removal of websites from the internet. In the event of a client facing difficulty in paying a bill, but at the same time remaining in good communication, I will always endeavour to resolve the matter to the mutual benefit of both parties.
A 50% deposit is required before any design work will be started. Payment can be made by BACS or PayPal (PayPal payments will incur a small surcharge to cover fees).
No final design work will be passed to the client until full payment has been made.
Any quotes received prior to payment of deposit, are valid for 1 month from the date received. Prices are subject to change and I reserve the right to alter advertised package rates at any time. Once a deposit has been paid, advertised prices at the time of payment are secured and no longer subject to change (excluding any additional work or services).
As I begin design work immediately upon receipt of the deposit, in the event of client-initiated cancellation, deposits cannot be refunded.
If for any reason design work is cancelled by myself, you will receive a full refund of your deposit. You will not receive any design work.
In the instance of domain name registration customers not paying invoices for renewal on time, we cannot guarantee continued ownership of that domain name.
In the instance of web hosting customers not paying invoices for renewal on time, we cannot guarantee uninterrupted continuation of your website presence online.
Late payments which are overdue by more than 30 days will accrue interest at a rate of 1.25% of the outstanding balance per month (compound – 16.08% Annual), or a minimum charge of £5.00 per month, whichever is the higher amount. Should we need to employ third party services to recover owed monies, then all third-party costs will be passed onto the customer.
Payments which are returned by our bank as unpaid (i.e.: bounced cheques) will accrue a penalty charge of up to £25.00
Services that have been withdrawn due to non-payment will not be re-instated until all outstanding balances, including any penalty charges and interest, have been paid in full (and cleared). Such losses of service will not affect renewal dates (i.e.: in the case of web hosting and domain names)
Where a web hosting customer has suffered an interruption of service due to non-payment or late payment, that account will be subject to a £25.00 re-connection charge in order to re-instate full service. This penalty payment must be paid in full prior to re-connection. Failure to pay this charge will result in permanent removal of service
Copyright and digital file ownership
All digital files created by us and the subsequent copyright for any design work, remain the property of Kalloway Creative, until final payment is made. Once payment has been made in full, then file ownership and copyright is assigned to the client.
Upon completion and payment of a project, files will be sent to the client as a ZIP file. Files can be requested to be sent again within 1 calendar year from final payment. After 1 calendar year, I cannot guarantee I will still have the files in their original format.
If providing your own content for any design project, it is the client’s responsibility to ensure that all content is not subject to any copyright limitations. You must ensure for any copyright material that you have written permission to use any and all material.
I cannot and do not accept responsibility for the validity of any claims made by any client on their website or design materials.
I will not replicate the work of any other designer or company. You are free to send me examples as part of your moodboard as inspiration, but I will use this for the sole purpose of creating a design in my style.
Any timescales given regarding any project are to be taken as an estimate only. If for any reason, it is necessary to make an adjustment to a timescale, I will do my best to notify you as soon as possible with reason for delay.
It is the client’s responsibility to proof-read all website pages and their content, or graphic design materials prior to giving final approval. We cannot accept responsibility for mistakes highlighted after final approval. However, I will always work with my clients to rectify to any issues arising in such circumstances.
I reserve the right to refuse to offer design services on the grounds of inappropriate or indecent requests in the name of decency, legality and to ensure good standing of Kalloway Creative’s reputation.
All web design work, unless agreed otherwise in advance, will be acknowledged on your site as designed by Kalloway Creative, with an active link to my website.
I reserve the right, unless agreed otherwise in advance, to display any of the design work undertaken for a client in relevant portfolios for marketing purposes.
Most projects will take between 2 to 8 weeks to complete. Please ensure that approval and changes are delivered back to me in a timely manner to ensure timescales can be met. Failing to do so may result in your project being delayed.
I accept no responsibility for any data loss of your website due to any fault caused by the CMS.
None of the above conditions affect your statutory rights.