Terms and Conditions

Creative Juice Terms and Conditions

Please read the Terms and Conditions for Creative Juice website service before signing the agreement. Receipt of any payment, including the deposit, will be deemed acceptance of this contract.

 

  1. Interpretations/Definitions

In this contract:

‘Creative Juice’ means Creative Juice website company, of 1 Sekforde Street, Clerkenwell Green, London, EC1R 0BE.

‘Customer‘ means you, the person or company named on the registration or otherwise as notified to Creative Juice.

‘Contract’ means the Terms and Conditions and the completed agreement.

‘You/Your’ means you, the Customer.

We/Us means Creative Juice

‘Authorised User’ means anyone permitted by the Customer to use the service.

‘System Administrator’ means a person nominated by the Customer to act as a point of contact with Creative Juice, for matters relating to the service.

‘Customer Information’ means any data, information, graphics, photographs, software and any other materials made available by or the service.

‘Service’ means the website service and/or hosting provided by Creative Juice, or its subcontractors.

‘License’. The License provides a perpetual, non-exclusive, non-transferable license of the Creative Juice CMS software, for use on Creative Juice websites.

‘Domain Name’ means a name registered for use as part of the Customer’s URL ‘URL’ means a Uniform Resource Locator, an address identifying a document/resource on the World Wide Web.

‘CMS’ means Content Management System, used to arrange the content of a website.

‘Hosting’ refers to a computer containing data or software that another computer or device can access via a network or modem.

‘Server’. A file server and/or computer that processes requests for HTML and other documents that are components of web pages.

‘Bandwidth’ means the amount of electronic data traffic that may be transferred along a communications channel over a given time.

‘Uptime’ refers to the time that the service is connected to the internet and is functional and operational.

‘Software’ means any software provided by Creative Juice, to enable the Customer to use/access the service.

‘User Information’ means the personal details provided by the Customer to Creative Juice.

‘Minimum period’ means the first 2 months of the service, as of the date the service is first made available to the Customer.

 

  1. Service Provision

2.1 Creative Juice will provide the Customer with the service, subject to the terms of this Contract.

2.2 Creative Juice will provide a professional service with reasonable care and skill

2.3 Creative Juice will provide the service by the date specified in the agreement (see paragraph 2.12)

2.4 Creative Juice will provide relevant software and help files, as outlined in the agreement.

2.5 Creative Juice do not undertake to provide a fault free service but will repair reported faults as soon as possible.

2.6 Creative Juice will endeavour to provide an uptime of 99% when hosting your website. (see paragraph 10.7)

2.7 We reserve the right to change the specification of the service at any time in order to upgrade and enhance systems.

2.8 Creative Juice will provide 24 hours’ notice before any upgrades or modifications are made to change the way the systems work.

2.9 The customer will nominate a System Administrator as a point of contact for Creative Juice, usually that person named on the contract.

2.10 Creative Juice reserve the right to use third party companies for any services, including hosting, domain registration, design work, system design and any work Creative Juice deem suitable.

2.11 The customer is responsible for providing suitable computer hardware, software, telecommunications equipment, internet service provision necessary for access to the service, except for software provided as part of the service.

2.12 Creative Juice can not guarantee delivery times when specified in the agreement when delays are caused by the failure of Customer to provide content or feedback when requested, in a timely manner, or to make payments on time as specified by the agreement.

2.13 Creative Juice will provide free technical support for issues within its capability to assist.

2.14 Creative Juice shall be entitled to quote the Customer separately for the provision of any extra services, products or software (including additional functionality) of than those specified in the agreement. If the Customer accepts that quotation, then these Terms and Conditions apply.

2.15 Creative Juice will recommend internet browsers compatible with the CMS software, however cannot guarantee functionality if specifications change.

 

 

 

  1. Hosting

3.1 Whilst Creative Juice endeavour to ensure the integrity and security of the hosting Server, we do not guarantee that the server will be free from unauthorised users or hackers and we shall be under no liability for non-receipt or mis-routing of email or failure of email, hosting service or client data.

3.2 Creative Juice will not be held responsible for any inaccuracies or errors, delays or unobtainability arising from the site or the host for any reason whatsoever. Any problems with the site must be reported as soon as possible and will be rectified as soon as practical. No responsibility will be accepted as to any losses or problems arising from the site for any reason unless specifically agreed beforehand or as in section 10.7

3.3 The CMS can be hosted on another server; however the Customer accepts full responsibility for ensuring that the hosting is sufficient. The license for the CMS remains applicable and Creative Juice, reserve the right to implement a set-up charge.

3.4 To ensure full CMS functionality, Creative Juice will recommend the Customer the latest versions of applicable technology required.

3.5 Any disruption in a service due, but not limited to changes in alternative server configuration will incur a charge if Creative Juice are required to intervene.

3.6 If payment is not received by Creative Juice for hosting by the due date on the invoice Creative Juice reserves the right to terminate the hosting without notice.

 

  1. Security

4.1 The Customer is responsible for the security and proper use of all user login ID’s and passwords used in connection with the service and must ensure that they are kept secure and confidential.

4.2 The customer must inform Creative Juice immediately should they suspect that a user login ID and password is being, or likely to be used in an unauthorised manner.

4.3 Creative Juice retains the right to access any website provided by us through the Service via the admin area, FTP account, database or otherwise.

 

  1. Use of the Service

5.1 The Customer is responsible for the maintenance and the management of the website after the initial design has been completed by Creative Juice with the agreement as specified, unless a website maintenance agreement has been completed

 

5.2 The Customer must not include any information or material on their site which would violate or infringe the rights of others, or use material which is unlawful or constitute a criminal offence.

5.3 The Customer must obtain the necessary licenses and consents before posting information or material on their website, including but not limited to copyrights

5.3.1 The Customer will not post or transmit through their website any material which is abusive, offensive, indecent, obscene, defamatory or threatening.

5.3.2 Creative Juice do not allow bulk e-mailing or un-solicited email of any kind via or in association with domains or websites.

5.4 The Customer is responsible for the actions and omissions of all Authorised Users and is liable for any failure by the Authorised User to adhere to the terms of the Contract.

5.5 The Customer will not at any time attempt to break system security or access source software and code. Any failure to comply with paragraphs 5.2, 5.3, 5.4, and 5.5 may be treated as a material breach of contact which cannot be remedied, and will result in an immediate suspension of service.

 

  1. Domain Names

6.1 If the customer has purchased a domain name independently through the relevant internet authority, the Customer is responsible for paying all fees to that authority.

 

  1. Confidentiality

7.1 Any information provided by Creative Juice by the Customer is confidential and will not be disclosed to any third party except as may be required by law.

7.2 Both parties will keep in confidence any information obtained under this contract and will not be disclosed to any third party except as may be required by law.

7.3 This paragraph 7 shall remain in effect for 1 year after the termination of the contract.

 

  1. Intellectual property rights

8.1 Third party software retains the original creator’s copyrights.

8.2 Software code, manuals and other materials provided by Creative Juice, may not be reproduced, copied or modified in any way by the Customer or Authorised User without prior permission, in writing from Creative Juice.

8.3 Upon full payment Creative Juice will assign designs right and copyright to the Customer for the website designs, logos and CMS software.

8.4 Creative Juice reserve the right to make use of customer designs, for promotional and marketing material.

8.5 Unless expressively outlined in the agreement, Creative Juice reserve the right to place a link to Creative Juice website in the template design.

 

  1. Charges and Deposits

9.1 The charges for the service will be calculated together with the customer and specified in the agreement. If after the beginning work on an agreed quotation the user -requirements change, then these will be deemed new requirements and quoted for accordingly. Unless specifically stated as a fixed price quote, cost estimates for work performed on an hourly basis provided by Creative Juice are estimates only. Actual time spent and products supplied by be as the basis for billing.

9.2 A negotiable deposit is required, in advance, for Creative Juice’s services. Interim payments may be required during development and will be outlined in the agreement. The Customer must make any payments on time.

9.3 All charges will be invoiced and paid in Sterling.

9.4 The Customer will provide payment on presentation of the invoice. Creative Juice may charge daily interest on late payments after 28 days at a rate equal to 3% per annum above the base rate lending rate of HSBC Bank Plc. The website design remains the property of Creative Juice, until the balance on the Customer’s account has been cleared in full.

9.5 If the Customer ceases to trade after work has commenced, any outstanding balance must still be paid.

 

10 Limitation of Liability

10.1 Creative Juice is not liable to the customer in contract, tort, negligence or otherwise for any direct or indirect loss of profits, sales, turnover, contracts, customers, business opportunities or reputation, nor any loss or damage to, or destruction of software and data or indirect or consequential losses of any kind.

10.2 Creative Juice accepts no responsibility for damage caused by a Customer or System Administrator inserting code (HTML, JAVASCRIPT etc.) to pages and content on their website.

10.3 Creative Juice cannot be held responsible for damage or system disruption, virus, internet connection or slow service.

10.4 If the Customer is deemed to be in breach of Contract Creative Juice reserves the right to suspend the service and can not be held responsible for any direct or indirect loss of profits, sales, turnover, contracts, customers, business opportunities, or reputation, nor for any loss or damage to, or destruction of software and data or indirect or consequential losses or liabilities of any kind.

10.5 The customer accepts that Creative Juice, does not examine the use to which the service is put, however Creative Juice reserve the right to end the Contract which we believe to be in breach of Contract, law or third party.

10.6 Creative Juice is not responsible in any way for Customer Information or any other materials which may be accessed using the service and excludes all liability in respect of this

10.7 Creative Juice does not accept liability of downtime of webservers where the website is hosted on a third-party server. Any downtime made by Creative Juice for the benefit of the Customer is part of the Service.

10.8 Creative Juice total liability (whether for breach of Contract, in negligence, tort or otherwise) for all causes of action arising out of Contract shall be limited to the price of the Service purchased for the price of the services purchased by the Customer as stated in the agreement.

10.9 Nothing in these terms and conditions excludes or limits liability for death or personal injury resulting from negligence of us or any employees.

10.10 If any part of this Contract is found by a Court of Law to be unreasonable or inapplicable, the other parts will continue to apply.

 

  1. Matters beyond reasonable control

11.1 If Creative Juice is unable to perform any obligation under this Contract due to matters beyond it’s reasonable control (fire, flood, lightening, severe weather, explosion, war, civil disorder, acts of terrorism), or by acts of local or central government or other authorities, that party will have no liability to the other for failure to perform.

11.2 If legal or regulatory restrictions prevent Creative Juice from providing the Service, Creative Juice have no liability to the customer for failure to supply the service.

11.3 If after 3 months the events detailed in 11.1 and 11.2 still apply, either party may terminate the Contract by serving notice on the other.

 

  1. Cancellation and Termination of Contract

Creative Juice reserves the right to terminate this Contract with immediate effect if We determine, in our sole discretion, that the Customer has breached these Terms and Conditions, or been involved in conduct which we deem unacceptable.

12.2 The Customer may cancel the service at any time before the start date of the Service. The Customer is liable to pay any costs incurred by Creative Juice in preparation for the provision of the service.

12.3 Either party may terminate the Contract with one month’s notice in writing.

If the Customer terminates the Contract or service for hosting during its 1-year minimum period, charges due, if any for the remaining period must be paid, in full, as specified in the agreement.

 

  1. Breaches of Contract

13.1 Either party may terminate the contract or provision of service under it without notice if the other commits a material breach of contract which is capable of remedy and is not remedied within 30 days of written notice by the injured party; or is subject to a bankruptcy order, voluntary or compulsory liquidation or its assets are seized.

13.2 If Creative Juice terminates the Contract during the minimum period as a material breach specified in 13.1, the charges due, if any, for the remaining period must be paid, in full, by the Customer, as specified in the agreement.

13.3 Any delay on acting on a breach of contract will not be regarded as a waiver of that breach. Any waiver of that breach of contract is restricted to that particular breach and no other.

 

  1. Changes of Contract

14.1 Creative Juice reserves the right to change the conditions of contract, including prices, at any time.

 

14.2 Should the Customer request a change to the Service, Creative Juice may require confirmation in writing. If Creative Juice agree to such a change, the agreement will be amended as of the date of written confirmation to the Customer.

14.3 Any variations to the Contract including any special terms will only be valid and effective if set out in a printed form and agreed by the Manager of Creative Juice. No other employee, agent or representative of Creative Juice has the authority to modify the Contract in any way.

 

  1. Assignment

Neither party may assign or transfer any rights or obligations under this Contract without the written consent of the other.

 

  1. Indemnity

The Customer agrees to indemnify Creative Juice and/or any employees and subcontractors, against any claims or legal proceedings, including legal fees, arising out of breach of these Terms and Conditions by the Customer or any Authorised User of the Service.

 

  1. Duration

This Contract begins on the date Creative Juice issues the complete agreement (incorporating the Terms and Conditions as set out in this document) and will continue until termination in accordance with the Contract.

 

  1. Entire Agreement

This Contract contains the whole agreement between the parties and supersedes any previous written or oral agreements relating to the Service. The Customer confirms that they are not signing the Contract relying on any statements, representations, warranties or promises which are not set out in the Contract.

 

  1. Notices

Notices given in relation to this Contract must be delivered to:

  • Creative Juice at 1 Sekforde Street, Clerkenwell Green, London, EC1R 0BE
  • The Customer at the address supplied to Creative Juice at registrations.

 

  1. Law

These terms and Conditions are governed by the Law of England and Wales. Both the Customer and Creative Juice submit to the non-exclusive jurisdiction of the English Courts in relation to any dispute arising out of or in connection with this Contract.