Terms and Conditions
The following terms and conditions apply between you, the user of this website and Cawley Marketing, the owner and operator of this website and its associated services. These terms and conditions need to be read carefully, as they affect your legal rights. Once you use this website you agree automatically to be bound by these terms and conditions. If there is anything which you do not wish to be bound by, you should cease use of the website and any services immediately.
These terms and conditions contain the whole agreement Cawley Marketing and outside parties, by superseding all prior discussions and arrangements.
Within these terms and conditions, the terms ‘user’ or ‘users’ refer to any third party which accesses the website and is not employed by Cawley Marketing or engaged in consultancy services to Cawley Marketing.
Intellectual Property & Acceptable Use
All content on this website is the property of Cawley Marketing, or relevant third parties. Within these terms and conditions, the term ‘content’ refers to any text, images, graphics, video, audio, software, data compilations, underlying code, page layout and all information which is capable of being stored electronically. By using this website, you agree that all information is protected by copyright, trademarks and other intellectual property rights.
You may retrieve, display and view the content. But, you must not reproduce, modify, copy or distribute any content for commercial use without prior permission from Cawley Marketing.
You may not cause damage to this website or carry out any interference which stops the use of the website. This website cannot be used to breach any applicable laws, regulations or governmental orders.
Subscriptions and Memberships
This website may provide subscriptions services. If you choose to register with the service, you must ensure that all details provided by you are correct and information is complete. If there are any changes to this information Cawley Marketing needs to be updated immediately, so that we can continue to communicate with you effectively. We reserve the right to cancel or suspend your subscription at any time, if you are in breach of these terms and conditions. You are free to cancel our services at any time by informing us in writing via email or post. The suspension of our services does not affect any statutory rights.
Links to Websites
This website may include links to other websites, which are not under the control of Cawley Marketing, unless stated. We have no responsibility for the content of these websites and are under no liability for any loss or damage caused by visiting the websites. If we include a link to a website, it does not imply an endorsement of the website of the business controlling the website.
Disclaimers and Availability of this Website
Any services Cawley Marketing makes available through this website are provided on an ‘as is’ and on a ‘as available’ basis. We can supply no warranty that any service provided will be free of defects or faults and provide no warranties of fitness for purpose, accuracy, compatibility and quality. Cawley Marketing is not obligated to update the information on this website.
Cawley Marketing will use reasonable endeavours to ensure this website is free of errors, viruses and malware. But, we can supply no guarantee, so users must take responsibility for their own security. Cawley Marketing cannot be held liable for any disruption to this website.
Cawley Marketing reserve the right to modify, suspend or remove any part of this website, its products and services. The terms and conditions within this document will continue to apply to all versions of this website, unless stated otherwise.
Any quotation provided by Cawley Marketing is valid for a period of 30 days. If any aspect of the project is changed, we reserve the right to apply additional charges. These charges will be discussed with all concerned parties and agreement sought, before any additional work is carried out.
The client must agree to reimburse Cawley Marketing for any additional expenses agreed over the course of the project. This is likely to be fonts, photography and videography.
Content and Design
Cawley Marketing will design and supply all client’s websites within the timeframe outlined in the proposal, or at a date agreed between the parties involved. In return Cawley Marketing require all outstanding fees to be paid and for clients to delegate a primary point of contact to aid with the build process. During the project Cawley Marketing will require this contact to supply all content required for the website. All text content should be supplied within Microsoft Word format via email, with the layout representing the specific pages of your website design. All graphics need to be high quality and must be sent electronically as a .gif, .jpeg, .png or .tiff format. We cannot guarantee to return any data supplied to our clients.
Users of this website are responsible for ensuring that any content you submitted is legal, reliable, appropriate and not in breach of any copyrights. It is not acceptable to supply content to this website which is confidential, false, fraudulent, obscene, threatening or invasive of privacy rights. All content must be free from viruses or ‘spam’. You must use the correct email address and identifying information, it is not acceptable to impersonate any person or entity falsely.
All data supplied to Cawley Marketing remains the property of the client, with clients granting us the right to publish and use any material necessary. Any data which is owned by a third party must have permission to be used, with Cawley Marketing held harmless to all claims resulting from an inability to obtain correct permissions. A contract between Cawley Marketing and a client will act as a guarantee that all necessary permissions have been obtained, evidence of this may be requested.
Failure to Provide Content
Cawley Marketing require all content to be sent in a timely manner, so that the website can be designed according to the scheduled timings. If the project starts and content is not supplied within 7 days, we reserve the right to close the project and any balance remaining must be paid immediately.
Pay Monthly Websites
Cawley Marketing supplies ‘Pay Monthly Websites’ to clients. Once a client signs up for this website a deposit amount equivalent to the cost of 1 monthly fee will be required before design work can begin. Once a website is completed and approved, this deposit amount will be used to cover the payment for the first month in the contract. All subsequent payments must be paid by direct debit on the 1st of each calendar month.
Once design work has started, if a client wishes to stop the service all work completed to that date will be billed at a rate of £45 per hour. This time will be calculated using software which monitors time spent on specific tasks, to determine exact time spent on a client’s design to the nearest minute.
Once a website is live all ‘Pay Monthly Websites’ are provided with 30 minutes of free updates/support each calendar month. Any additional time required will be charged at a rate of £45 per hour.
One Off Projects
Cawley Marketing are able to assist with one-off projects and work with you on an adhoc basis. For any time spent working on projects/tasks we charge £45 per hour.
Cawley Marketing will make every effort to ensure all websites are designed to work in the most popular browsers. Although, we cannot guarantee that the websites designed will function correctly with all forms of browser software and available operating systems.
We hold no responsibility for websites which cannot be displayed in new browsers once a project is complete. We are able to modify designs to comply with new browsers and operating systems based on our usual rates and quoting system.
Cancellation of Pay Monthly Websites
All ‘Pay Monthly Websites’ are based on a rolling yearly contract. Once a website is complete, if a client opts to cancel the contract before the year is finished the remainder of the contract must be paid.
It is possible to opt out of the service by purchasing the website from Cawley Marketing, via the ‘buy-out’ option. The cost of this service will depend on the cost of the current monthly fee and the remaining time on the contract. The cost of the monthly fee is based on a 24-month period, so the buy-out fee will be the equivalent to the total of 24 months in the contract, with a percentage deducted depending on the length of time the contract has been operating.
Cancellation of a monthly contact requires written notice, email or telephone requests cannot be honoured unless agreed in writing. Any outstanding amount will be due for payment within 30 days.
Any accounts which remain unpaid 14 days after the date on an invoice will be considered in default. If any cheques are returned due to insufficient funds, there will be a return charge of £25 issued to the outstanding account. Any account which remains in default will be passed to a third-party collection agency with all associated costs payable by the client.
All client accounts for ‘Pay Monthly Websites’ must be up-to-date to avail of the 30 minutes update time each month.
If the defaulting client holds any information on the servers of Cawley Marketing, we reserve the right to remove this material. Cawley Marketing cannot be held responsible for any loss incurred due to the removal of any files or services.
If the files are removed from the servers of Cawley Marketing, the client shall still be obligated to settle any outstanding invoices.
Limitations of Liability
Nothing within these terms and conditions will limit or exclude either yours or Cawley Marketing liability for fraud or fraudulent misrepresentation. These terms and conditions will not limit or exclude any of your or Cawley Marketing liabilities which are not permitted under applicable law.
To the maximum extent permitted by law, Cawley Marketing accepts no liability for loss of business profits, opportunities, data or indirect damages.
We reserve the right to vary and update these terms and conditions at any time. Users of this website should check the terms and conditions regularly to ensure they are aware of content included within the current version.
The Contracts (Rights of Third Parties) Act 1999 will not apply to these terms and conditions, with no third party given the right to enforce or rely on the provision of these terms and conditions.
If any competent authority finds these terms and conditions to be invalid or illegal, the relevant details will be removed and the validity of other terms will not be affected.
This agreement shall be governed by and interpreted according to the relevant laws of England and Wales. All disputes arising from this agreement shall be subject to the exclusive jurisdiction of the English and Welsh Courts.
You can contact Cawley Marketing via email at email@example.com