We will always do our best to fulfil your needs and meet your goals, but sometimes it is best to have a few simple things written down so that we both know what is what, who should do what and what happens if things go wrong. In this contract you won’t find complicated legal terms or large passages of unreadable text. We have no desire to trick you into signing something that you might later regret. We do want what’s best for the safety of both parties, now and in the future.
You are hiring Pebble to carry out the work as described in the Proposal for the total price given in the Proposal. Of course it’s a little more complicated, but we’ll get to that.
WHAT DO BOTH PARTIES AGREE TO DO
As our customer, you have the power and ability to enter into this contract on behalf of your company or organisation. You agree to provide us with everything that we need to complete the work including text, images and other information as and when we need it and in the format that we ask for. You agree to review our work, provide feedback and sign-off approval in a timely manner too. Deadlines work two ways and you will also be bound by any dates that we set together. You also agree to stick to the payment schedule.
We have the experience and ability to perform the services you need from us and we will carry them out in a professional and timely manner. Along the way we will endeavour to meet all the deadlines set but we can’t be responsible for a missed launch date or a deadline if you have been late in supplying materials or have not approved or signed off our work on-time at any stage. We cannot be responsible for delays caused by matters beyond our control. On top of this we will also maintain the confidentiality of any information that you give us.
We may have written a best-seller but we’re not responsible for writing, proofing or copy writing any text copy unless we specified it in the original estimate.
CHANGES AND REVISIONS
We know from plenty of experience that fixed-price contracts are rarely beneficial to you, as they often limit you to your first idea about how something should look, or how it might work. We don’t want to limit your options or your opportunities to change your mind about something.
The estimate/quotation prices in the Proposal are based on the number of days that we estimate we’ll need to accomplish everything that you have told us you want to achieve. If you do want to change your mind on something, e.g. add extra pages to a website or introduce a new concept to your branding, that won’t be a problem. You will be charged the daily/hourly rate set out in the estimate we have given you along with any additional costs and expense that would be incurred to meet your revised requirements. We will of course explain these costs and charges to you and may submit them to you in a Revised Proposal. Along the way we may also ask you to put certain requests in writing so we can keep track of changes.
SOME LEGAL STUFF
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.
You guarantee to us that any elements of text, graphics, photos, designs, trademarks, or other artwork that you provide us for inclusion in the work we are doing for you are either owned by you, or that you have permission to use them.
When we receive your final payment, copyright is automatically assigned as follows:
• You own the graphics and other visual elements that we create for you in your website. A copy is available upon request.
• You also own text content, photographs and other data you provided, unless someone else owns them.
• You own all bespoke development work that has been carried out on your behalf
We love to show off our work and share what we have learned with other people, so we also reserve the right to display/link to your completed work as part of our portfolio and to write about the project on websites and magazine articles. We also reserve the right to enter the work we have done for you into competitions. We will, out of courtesy, tell you.
We are sure you understand how important it is that you pay the invoices that we send you promptly. As we’re also sure you’ll want to stay friends, you agree to stick tightly to the payment schedule detailed in the Proposal. If our proposal includes a monthly fee for either development packages or SEO packages these amounts are collected via Direct Debit. If our proposal includes a deposit, this deposit is required before we start work.
FAILURE TO PAY INVOICES
If you fail to pay invoices that are due, Pebble reserve the right to recover costs via legal methods. This includes using accredited debt collection agencies, the small claims court or utilising High Court Sherriffs who will work on our behalf.
PEBBLE RESERVE THE RIGHT TO:
– Suspend any of your services that Pebble manage for you
– Charge a “Late Payment Administration Fee”. This can be a fixed fee payment of up to £150 + VAT
– Ask you to move to an alternative supplier
– Ask for payment in advance before committing to work in the future
LEGAL METHODS OF DEBT RECOVERY
If Pebble choose to use a debt recovery agency you will be liable for additional costs over and above the original invoice amount which will be passed on by the 3rd party.
CANCELLING DIRECT DEBITS
If you choose to cancel a Direct Debit you are free to do so under the Direct Debit Guarantee. You can either contact Pebble and we will cancel it for you or you can speak to your bank or building society to cancel it. There are no charges levied from Pebble for cancelling direct debits.
If Pebble maintains your domain names we will send you an invoice at least 5 weeks before expiry of your domain name(s). Failure to pay for these by the due date will means Pebble reserve the right to switch off your domain name(s). Pebble will give you a date when your domain name will be switched off.
If you domain name has expired it might not be possible to get your domain name back if it is released for general sale.
Customers may cancel their hosting account at any time. Any incentives offered to our customers will also be cancelled. No refunds will be given unless the cancellation falls within the terms of Pebble’s Money Back Guarantee (see below).
If you have a website maintenance package with Pebble this is for a minimum term of 6 months. Payments for our maintenance packages are collected via Direct Debit once a month. You will be provided with a work summary at the end of each month detailing all the work that has been carried out. You are free to change your package as often as you wish as long as you give us 28 days notice. If you wish to cancel your maintenance package we require 28 days notice. This gives us time to cancel your direct debit.
Our maintenance package(s) includes:
– Code development updates
– Extended support
– Domain management
– Scaling up/down existing development
– Security updates
– Our maintenance package(s) do not include:
– Redesigns of existing website/mobile app
– Rebuilding of existing website/mobile app
– 3rd party costs of additional components/plugins/elements
– Graphic/design work
– Search engine optimisation
– Offsite marketing (including Google Adwords, Bing, Yahoo)
If any work we are tasked to complete will exceed the amount of hours allowed under your maintenance package we will inform you before commencing work.
At the start of each calendar month you will have an allocated amount of hours available (depending on the package). You are not permitted to carry across unused hours to the next month. We also do not allow unused hours to be converted to money and refunded back to you.
If you instruct Pebble to develop or support ad-hoc work on your website (and you are not currently signed up for a maintenance package (above)) our minimum charge starts at the equivalent of 1 Hours’ work. This is based on our published standard hourly rate (see below).
TRANSFERRING DOMAIN NAMES
If you would like Pebble to transfer a domain to another registrar (an alternative provider) we levie a small administration charge of £4.99 + VAT for each domain name and once this is paid we will execute the transfer within 24 hours. This fee covers the administration and updates required to make a legal transfer.
WEBSITE AND MOBILE APPLICATION HOSTING
If Pebble hosts your website, hosts files or mobile applications on our servers we will send you an invoice at least 5 weeks before the expiry of your hosting. Failure to pay by the due date means Pebble reserve the right to switch off access to your hosting and associated services on the hosting. Pebble will give you a date when your hosting space will be switched off. Pebble reserve the right to charge a reconnection fee of £49 + VAT.
HOSTING AND SERVER WARRANTY
Pebble is not a hosting company and uses 3rd party hosts that we believe provide the best reliability and scalability to host your website(s) and or mobile applications. All hosting services are provided on an “as-is” and “as-available” basis. We “have not” and “do not” make any warranties that the services will be uninterrupted, error free, secure or free from viruses or other harmful components.
We specifically disclaim any and all warranties regarding services provided by third parties, regardless of whether those services appear to be provided by us. No warranties made by these third party entities to us shall be passed through to you, nor shall you claim to be a third party beneficiary of such warranties.
SECURITY UPDATES TO YOUR SERVER
If Pebble host your website and manage the server we are fully responsible for keeping your server up to date with the latest security patches without cost to yourself. Whilst security patching is generally carried out through the night to minimise downtime, we reserve the right to close down and reboot your server during the day if we deem the security patch to be essential.
SECURITY UPDATES TO YOUR WEB APPLICATION
Some website applications require security patching including websites built with WordPress, Joomla, Drupal and Ecommerce websites including but not limited to Magento, Interspire & Volusion. If you have a development retainer with Pebble this will be carried out automatically without cost. Ad-hoc security updates are carried out at our standard hourly charge.
If your website is unfortunate to have been “compromised” or “hacked” Pebble take a number of actions:
1) We will immediately suspend your website services without notice, this includes Websites, DNS Management, FTP and Email Services
2) We will make contact to inform you that your website has been suspended as soon a possible to seek a resolution
Pebble are not responsible for keeping your website up to date with security patches unless you subscribe to our Security Updates Service. Pebble may make a charge to clean your website (charged at our standard hourly rate) and remove all infected items. Once we are completely satisfied all threats have been removed we will re-instate your website services.
We know that in the future you may need FTP access to your website hosting space. This is absolutely fine and you can request FTP access by emailing email@example.com . We will create an FTP user account that you can access for 72 hours. If you need to extend the access time beyond that please contact us. There is no charge for FTP access.
OUR STANDARD HOURLY RATE
Our standard hourly rate is £69 + VAT per hour.
Pebble Ltd provide free telephone, email & ticketing support for customers who choose to host their website with us. Support is limited to queries about the operation of their website, and/or services your purchase from Pebble as well as how to use administration functions and domain portfolio management. Additional “out of scope” changes/new development are not included in your support.
NOTE: If you instruct us to grant third party companies access to your root ftp location we cannot support the original development of your website. Therefore, any work carried out will be charged at our standard hourly rate.
Pebble Ltd provide 1 free training session on how to use your website. The training session (depending on your system) will take between 1-2 hours to complete and can be held at any of our designated offices. We can cater for up to 8 individuals at a training session.
If you require additional training, this will be charged at our development/support rate as shown above. If you require us to visit your location we may require that you reimburse travelling costs to us. You will be notified of this before the training.
TRANSFERRING YOUR WEBSITE(S) OR HOSTING AWAY FROM PEBBLE
You have the right to choose any provider for your website and Pebble are more than happy to facilitate this transfer. If Pebble host your website and you would like it moved we charge a one-off fee of £79 + VAT. This covers Pebble zipping up the contents of your website, database and providing information on emails and settings currently used. We then send you this information. This charge does not include installing your website onto another hosting space.
Failure to pay for your services will lead to the suspension of your services. Pebble will keep a backup of your website(s) and related products for a period of 30 days before it is deleted/removed from our servers. If you would like a copy of your website(s) and related products please do so no later than 30 days after your services were suspended. Any requests made after that date would unfortunately not be able to be fulfilled.
MONEY BACK GUARANTEE
Customers may cancel website hosting or corporate hosting (excluding the set-up fee) and secure website hosting within seven days of their website go live date and are entitled to a full refund except in the following circumstances:
– Data transfer has exceeded 1GB within the seven day period
– If the hosting package has been changed within the first seven days
All other fees charged are non-refundable.
But where is all the horrible small print?
Just like a parking ticket, you cannot transfer this contract to anyone else without our permission. This contract stays in place and need not be renewed. If for some reason one part of this contract becomes invalid or unenforceable, the remaining parts of it remain in place.
Although the language is simple, the intentions are serious and this contract is a legal document under exclusive jurisdiction of English and Welsh courts.
TERMS AND CONDITIONS
These terms and conditions were last updated: Nov 18th 2014.
A PDF version of our terms and conditions are available upon request and can be sent to you for your own records. Please contact us on 01733 902070.
CHANGES TO OUR TERMS AND CONDITIONS
We reserve the right to change our terms and conditions and the date we last updated them are clearly shown above. You are bound by the terms and conditions that were in place and on the date you agreed for Pebble to provide your service(s). Past copies of our terms and conditions are available on the links below (if any are available to view).
* There are no past terms and conditions to view