Terms & Conditions

General Conditions

In the event of any dispute the Law of Northern Ireland applies.

Green17 Creative will provide you with a written proposal of what we would advise for your business needs. A contract (either verbal or written) is deemed to be in place when the written proposal put forward by Green17 Creative is accepted by the client. Acceptance can be communicated either by way of phone, email, in person or in writing. Green17 Creative will only commence design and programming work once acceptance has been communicated.

Design

Proofing and Colours Matching

Electronic PDF proofs are used to check layout and wording. A PDF proof cannot be used for exact colours matching due to variations in computer monitors. If an exact colours proof is required, but not stated in the estimate, this can be estimated for separately as required. For Pantone Colours printing (Spot Colours) colours samples will be provided. For reprints of previous projects every effort will be made to match existing colours but due to variations in the print process there may be slight differences in colours.

Supplied Materials

It is assumed that all text and images supplied by the Client will be in electronic format (if unsure please check) and be of a suitable quality for the intended use. If not, an agreed fee may be charged for the conversion of the content to a usable electronic format e.g. scanning of newspaper articles, photos etc. All page content, images and information should be supplied prior to commencement of the project to avoid delays.

Print Management

Print Management Fee covers:

Discussions with the selected print company regarding required formats, timescales and delivery.
Placing print orders with the selected print company.
Delivering artwork, proofs and colours samples in a suitable format for the selected print company’s software and processes.
Approving print quality and colours as required.
Collection from the selected print company, final quality check and arranging delivery to the Client.

All print prices quoted are commercial prices and may be compared with comparable print companies.
Clients are at liberty to deal with their own print company or place an order direct with Green17 Creative chosen print company. However, Green17 Creative involvement will be limited to any problems connected with the supplied artwork. It will be the Client’s responsibility to place orders, approve quality and colours and collection of the work. If using their own print company the Client will need to inform Green17 Creative of the format that their chosen print company requires artworks supplied in.
Unless stated by the client, Green17 Creative will decide, at its discretion, which print finish/stock to use

Proofs and Artwork

The Client is responsible for:

Conveying your requirements accurately, concisely and specifically to us
Ensuring that any artwork generated by us is suitable for your requirements
Thoroughly checking any proofs for errors, omission or spelling mistakes
Clearly marking any amendments on the proof
Giving us complete and final approval of a proof (in written form if requested) and giving us final authority to proceed and print the work

If you inform us that you do not intend to take up the right to receive a proof, we will incur no liability whatsoever for any errors both in terms of written content and design, and you will be liable for full payment of the work once printed even if it is subsequently deemed to be unsuitable for your requirements. After we have produced a proof you may incur further charges if:

you make amendments or changes to the original design or content which create further work for us
you change the style, type or layout after previously leaving it to our discretion to design
you request additional proofs

Graphic Design & Print Payments

Payments for Graphic Design work and printed media will be invoiced as soon as completed and signed-off by the client.

Full payment will then be due within 30 days nett.

Print costs to external print suppliers will where possible be charged directly to the client. Should Green17 pay on your behalf payment will be due strictly in accordance to the suppliers terms of which you will be notified. Should any late fees be charged to Green17 the client will be responsible in covering these and any additional costs incurred.

Website Design

Whilst every effort will be made to ensure that the website and any scripts or programs are error-free, Green17 Creative cannot accept liability for any losses incurred due to failure or malfunction of the website or any part of it.

All website and graphics will remain the property of Green17 Creative until all accounts are paid in full.

Any code written by Green17 Creative (including all programming code in all coding languages, artwork, web and design source files) remains the copyright of Green17 Creative (unless prior agreement otherwise) and may only be reproduced or reused commercially with the permission of Green17 Creative.

Green17 Creative accepts no responsibility for copyright infringements caused by materials used and submitted to us by the Client. Green17 Creative reserve the right to refuse any material that it believes to contravene copyright laws unless proof is given that permission has been granted to use the material.

Green17 Creative will not be liable for costs incurred, compensation or loss of earnings due to the failure to meet agreed deadlines. Once designed, a draft version of the website will be made live for testing by the Client. Once this design has been agreed to via email or verbally, any major changes to the layout or general design may be chargeable.

Green17 Creative will not be liable or become involved in any disputes between the site owner and any other party and cannot be held responsible for any unlawful behavior or other wrongdoing by the site owner. If the site is hosted by Green17 Creative we will endeavor to maintain the website in a fully operational condition without errors. Green17 Creative cannot always guarantee that this will be the case and as such cannot accept liability for any defects which may exist, economic losses (including revenues and profits), loss of goodwill, reputation or any other consequential or indirect losses the client may suffer due to the use of the website or their inability to access the website.

Green17 Creative reserves the right to require a non-refundable deposit of 50% before any design work will be carried out. This can be asked for at any stage in the project. Before the website is put live the final balance of payment is then due in accordance with our terms of payment. If the Client decides they no longer want the site, they are still obliged to pay for all work that has been done, i.e. if the site has been completed, all monies are now due for payment with no exception. Whilst every measure will be made to ensure compatibility with a wide range of web browsing software we can offer no guarantees of correct function with all browser software and cannot accept responsibility for loss of goodwill, reputation or any other consequential or indirect losses the client may suffer due to a third parties inability to access the website due to browser incompatibility.

Website Payments

Payment for a Website will adhere to the following stages and terms of payment stated below unless otherwise agreed with the client in our proposal:

1. Website payments are taken in 3 stages:

Project Pricing Schedule:

50% due on agreed sign-off of proposal (Project Initiation)
45% due on completion of website
5% due 30 days after site live

Contract of Agreement
Green17 will not commence the project until the first payment of 50% has been made and cleared in our account. Payment terms are net thirty (30) days from the date of invoice initiation. Any amounts not paid within the thirty (30) days shall be charged an interest fee of 5% for each month (or portion thereof) any such payment is late.

After the client has agreed to the outlined specifications for the Website and terms in the proposal Green17 begin the design phase creating a static design of the Website including any major pages which are presented, reviewed and updated by Green17 in conjunction with the client. Any major changes to the Website design and functionality which differ from the agreed proposal will be accessed and a further cost drawn up by Green17 outlined in an updated proposal to be then agreed with the client. The client then signs-off the design approving it to be taken to the build stage.

Green17 then commence the build of the Website as outlined in the proposal and agreed design. Green17 will create the site on a development server and give the client access once the site is built, fully-functional, tested and ready to add content to, this date will act as the completion of the development site and the second payment invoice will be issued. Unless otherwise agreed with the client adding the content to the Website will be the responsibility of the client, and Green17 will give them access to login to our content management system, 'Content17' and update all sections necessary.

The second payment of 45% of the total cost is then due and an invoice will be issued to the Client payable in full within 30 days once Green17 have completed all web design, build and testing. The date of issue of the second invoice will not be postponed by the client's delay in adding content to the site. Green17 will not put the Website live until the payment of all monies due have been made and cleared in our account.

The final payment of 5% is then due 30 days after site live. Payment is due within 30 days. Should payment not be received, Green17 reserves the right to temporarily take the website down until payment is received.

All accounts are strictly 30 days net (unless stated otherwise above or other prior arrangement has been made) meaning that all monies due to Green17 Creative must be paid within 30 days of completion of work.

We will contact Clients via email and telephone to remind them of such payments if they are not received when due. Green17 Creative reserve the right to charge for costs and expenses incurred in recovering late payments and to charge interest at the rate then in force pursuant to the Late Payment of Commercial Debts (Interest) Act 1998 as at the due date. A copy of "The Act" is available from www.opsi.gov.uk/acts/acts1998/19980020.htm

If, after repeated requests for payment have been ignored, or no contact can be made with the Client to make arrangement for payment of any monies owed, Green17 Creative reserve the right to disable the Clients Website or system until such time as we receive all outstanding monies. Following consistent non-payment of an invoice our Solicitors will contact the Client in question, with a view to taking the matter further and if the need arises to seek payment through legal proceedings, and if necessary court summons.

The client must contact Green17 Creative, concerning the details of any Green17 Creative invoice, or any complaint, within 7 days of the date of the invoice. Letters of complaint should be on the client’s headed notepaper and signed on behalf of the client by a Director of the firm, charity or organisation.

Content Management Licence Fee

Green17 provide the Client the use of their integrated Content Management System based on annual payment of the licence fee as agreed in the clients proposal.

CMS license payment is due within 30 days of invoice being issued each year. Invoice date is determined by completion date of website and will be emailed yearly to your billing department.

Please note access to update and edit your content through the Content Management System will cease upon non-payment of license.

Website Hosting

Where Green17 Creative host a clients website, we cannot be held responsible for difficulties experienced when accessing the website or individual parts of the clients website due to circumstances beyond our control. These may include (but are not limited to): problems with the clients internet service provider or other third party, failure (partial or whole) of server hardware or software, disruption or failure of any service that prevents Green17 Creative functioning in a normal manner, natural disaster, weather, war, invasion, riot and other civil disorder, rebellion and revolution.

Green17 Creative reserve the right to refuse to handle in any way, material which may be deemed obscene or pornographic, contains abusive or offensive language, anything that may be construed as threatening or defamatory or any material to which the Client has no rights.

Domain Transfers

Green17 Creative cannot be held responsible for the loss of email data or website functionality during transfer of domain name (however long it takes) to or from Green17 Creative's web space and as such cannot accept liability for any economic losses (including revenues and profits), loss of goodwill, reputation or any other consequential or indirect losses the client may suffer due to the loss of website functionality, loss of email data or their inability to access the email data.

Hosting, Domain and SSL Renewals

Green17 will manage the renewal of any Hosting arrangement, Domain Names and SSL Certificates as requested by the Client.

These services will be automatically renewed after the term of the Contract, unless the Client provides two (2) months’ prior written notice to Green17 before the end of the term indicating that the Client does not wish to renew the services.

An invoice will be issued annually for your hosting payment, dated from your website live date unless otherwise agreed. Monthly/quarterly invoices can be arranged by request.

Green17 will invoice the Client for the services at any time following the renewal of the contract.

Domain charges will be invoiced as per your initial choice of years and on the date of the website live date, e.g. if you bought a domain for 5 years it will be invoiced every 5 years.

All hosting/domain/SSL certificate payments are strictly 14 days net (unless stated otherwise on the invoice or other prior arrangement has been made) meaning that all monies due to Green17 Creative must be paid within 14 days of invoice date. This time covers Green17 in time to pay for renewal before domain and hosting expires, which would cause your site to be offline.

We will contact clients via email and telephone to remind them of such payments if they are not received when due. Green17 Creative reserve the right to charge for costs and expenses incurred in recovering late payments and to charge interest at the rate then in force pursuant to the Late Payment of Commercial Debts (Interest) Act 1998 as at the due date. A copy of "The Act" is available from www.opsi.gov.uk/acts/acts1998/19980020.htm

If, after repeated requests for payment have been ignored, or no contact can be made with the Client to make arrangement for payment of any monies owed, Green17 Creative reserve the right to disable the services or system until such time as we receive all outstanding monies. Following consistent non-payment of an invoice our Solicitors will contact the Client in question, with a view to taking the matter further and if the need arises to seek payment through legal proceedings, and if necessary court summons.

Copyrights and Trademarks

By supplying text, images and other data to Green17 Creative for inclusion in the client’s website or other medium, the client declares that it holds the appropriate copyright and/or trademark permissions. The ownership of such materials will remain with the customer, or rightful copyright or trademark owner.

Any artwork, images, or text supplied and/or designed by Green17 Creative on behalf of the client, will remain the property of Green17 Creative and/or its suppliers.
The client may request in writing from Green17 Creative, the necessary permission to use materials (for which Green17 Creative holds the copyright) in forms other than for which it was originally supplied, and Green17 Creative may, at its discretion, grant this. Such permission must be obtained in writing before it will allow any of the aforesaid artwork, images, text, or other data to be used.

By supplying images, text, or any other data to Green17 Creative, the client grants Green17 Creative permission to use this material freely in the pursuit of the design.
Should Green17 Creative, or the customer supply an image, text, audio clip or any other file for use in a website, multimedia presentation, print item, exhibition, advertisement or any other medium believing it to be copyright and royalty free, which subsequently emerges to have such copyright or royalty usage limitations, the customer will agree to allow Green17 Creative to remove and/or replace the file on the site.

The client agrees to fully indemnify and hold Green17 Creative free from harm in any and all claims resulting from the customer in not having obtained all the required copyright, and/or any other necessary permission’s.

Alterations

The Client agrees that changes required over and above the estimated work or required to be carried out after acceptance of the draft design will be liable to a separate charge.
The Client also agrees that Green17 Creative holds no responsibility for any amendments made by any third party, before or after a design is published.

Licensing

Any design, copywriting, drawing, idea or code created for the customer by Green17 Creative, or any of its contractors, is licensed for use by the client on a one-time only basis and may not be modified, re-used, or re-distributed in any way or form without the express written consent of Green17 Creative and any of its relevant sub-contractors.

All design work, where there is a risk that another party make a claim, should be registered by the client with the appropriate authorities prior to publishing or first use or searches and legal.

Termination of Contract

The Client may terminate our engagement on this matter in writing at any time. You will have to pay all outstanding fees and expenses up to the date of termination. Our fee for this time will be charged at our current hourly rate. We may retain the rights to any documents, files, designs, copywriting, drawings, ideas or code all of which may not be used in any way until payment of all monies due to us is received.

We may at some time consider that we ought to stop acting for you, for example, if you did not respond to requests for information within a reasonable time, or did not abide by or accept any advice given. You will be responsible for all the fees and expenses incurred to the date we cease to act and we may retain the rights to any documents, files, designs, copywriting, drawings, ideas or code all of which may not be used in any way until paid. If this situation arises we will notify you in writing either by post or email immediately and give you the opportunity within 14 days to rectify the situation. If we do not feel that the situation has been rectified we will terminate the contract without any further notice, and you will be liable for our costs to date.