Prior to cancellation of a commission by a Client, Satellite Creative Ltd. shall be given time (10 days) to remedy any dissatisfaction by the Client or breach of the order. Cancellations of commissions must be made in writing within three days of viewing designs or artwork, and will be subject to a charge based on Satellite Creative Ltd. hourly rate of £80 per hour. If expenses have been incurred in respect of additional third parties including but not limited to: freelance design and artwork, copywriting, commissioned illustrations and photography, stock photography, software, domain name registration, web space and internet connection, they will be subject to payment by the Client. Where possible third party products will not be purchased until the design has been approved.
Intellectual property rights
All creative works, documents, designs, source files and final ‘artworks’ (for both printed and web use) created by Satellite Creative Ltd. remain the sole Intellectual Property of Satellite Creative Ltd. and are copyright protected, and cannot be reproduced without our written consent. Should the Client become insolvent, sell or transfer ownership, Satellite Creative Ltd maintain their Intellectual Property Rights over all works commissioned, unless assigned by the mutual agreement of Satellite Creative Ltd and the Client. The placing of an order by the client to another third party / person or agency, constitutes a guarantee that the necessary authority and permission has been obtained from Satellite Creative Ltd. in respect of the creative works, documents, designs, source files and final ‘artworks’ for a single, specified use. The client must indemnify Satellite Creative Ltd. in respect of all actions, proceedings, costs demands and claims arising from any such breaches.
Exclusivity – Satellite Creative Ltd.
Being experts in what we do, attracts clients in similar fields, sometimes competitive fields. While we offer expertise and ensure confidentiality and cost effective design and marketing solutions we cannot give free exclusivity, unless a previously agreed written contract has been accepted by all parties involved.
Early termination of exclusive contracts
Unless otherwise agreed in writing, either party is entitled to terminate the Agreement at any time by giving no less than three months written notice to the other to take effect. If the Client terminates their exclusive contract with Satellite Creative Ltd prior to the expiry of the three month notice period, Satellite Creative Ltd. shall be entitled to invoice the Client for the balance (if any) of current allocated and scheduled work, together with an agreed sum for each remaining month of the three month notice period, which amount the parties agree represents a genuine pre-estimate of the losses likely to be incurred by Satellite Creative Ltd. in such circumstances, or to the end of the agreed year whichever is less.
These conditions and all other express terms of contract shall be governed and construed in accordance with the laws of England.
Terms and conditions covering specific interactive multi-media projects:
Legal requirements for the web
Satellite Creative Ltd. adhere to W3C standards and accessibility requirements for website builds whenever and wherever possible.
Satellite Creative Ltd. reserve the right to assign other web designers, developers or subcontractors to a project.
Interactive limitations and liability
Satellite Creative Ltd. can make no representations, warranties or guarantees in respect of the Client’s internet marketing programme, its functionality, performance or results. We cannot guarantee success by optimising a website or undertaking an SEO or PPC campaign. We make no guarantees that any specific search engine will accept or list the Client’s Website, and can take no responsibility for misrepresentation of the Client’s company by a third party.
Satellite Creative Ltd. will endeavour to make sure downtime on the web or other interactive solutions is kept to a minimum, based on industry standards, and cannot be held accountable or responsible for any loss of potential revenue resulting from such occasions. If and when needed, Satellite Creative Ltd. can recommend partnerships with third parties, such as hosting companies, payment providers etc. For specific details, please refer to your individual Hosting Agreement for full terms and conditions.
Website maintenance / updates
Requests for maintenance and updates are to be made in writing by the Client via email and are completed at our hourly rate of £80 per hour.
If a Website Maintenance Agreement is in place, updates and maintenance will be carried out as per terms of the agreement therein. For specific details, please refer to your full Website Maintenance Agreement for further information.
Pay Per Click
Satellite Creative Ltd. offer Pay Per Click (PPC) Marketing services with Google Adwords. Campaign additions and maintenance will be undertaken with prior agreement and charged at the hourly rate of £80 per hour.
Satellite Creative Ltd. use Google Analytics to produce website statistics. Satellite Creative Ltd. will set up Google Analytics in an existing Google account or set up a new account as required by the Client. Statistical reports will be supplied with prior agreement as part of a specific job or Maintenance Agreement. Otherwise report generation and analysis / feedback will be charged at the hourly rate of £80 per hour.
Satellite Creative Ltd. use trusted email marketing software for the purpose of sending emails to ‘opt in’ data lists only. Satellite Creative Ltd. do not send bulk emails to 3rd party / purchased data lists and will inform the Client if supplied data is in breach of regulations.
Satellite Creative Ltd. adhere to email marketing best practices and comply with the CAN SPAM act, and to the legal requirements for currently used email software.
Where Satellite Creative Ltd use third party software for an e-commerce solution, Satellite Creative Ltd cannot be held accountable or responsible for any loss of potential revenue resulting from any software failure and are subject to their terms and conditions. For payment transactions, the client is solely responsible for all aspects of security, confidentiality and data control as agreed between them and their payment provider.
Content Management System (CMS) websites
Satellite Creative Ltd. use a number of software technologies for their CMS solutions, based on the Clients requirements. Once the Client’s CMS website has been uploaded to a live server and deemed ‘complete’ it is then the Client’s own responsibility to undertake website maintenance and updates, unless a Maintenance Agreement has been set up. Any further additions will be pre-agreed and charged at the hourly rate of £80 per hour.
Software Technology Providers terms & conditions
Where necessary Satellite Creative Ltd. will work with third party Software Technology Providers, with the mutual agreement of our Client. Many of these third party Software Technology Providers have their own set of Terms & Conditions and it is the responsibility of the Client to make sure they are compliant with these for the duration of the commission.
Satellite Creative Ltd. rely on third party ISPs for their website hosting and these services may be subject to limitations, delays and other problems inherent in the use of the internet and electronic communications. Satellite Creative Ltd. is not responsible for any delays, delivery failures or other damage resulting from such problems.