The Client: The company or individual requesting the services of eCharisma.
eCharisma: Primary designer/site owner & employees or affiliates.
eCharisma will only carry out work where an agreement is provided by either email, telephone or mail, where a satisfactory deposit has been received. Deposits are non refundable to cover any outlay in initial works by eCharisma. eCharisma will carry out work only for clients who are 18 years of age or above. An ‘order’ is deemed to be a written or verbal contract between eCharisma and the client, this includes telephone and email agreements.
Quotations are valid for a period of 30 days. eCharisma reserves the right to alter or decline to provide a quotation after expiry of the 30 days. Unless agreed otherwise with the Client, all website design services require an advance payment of fifty (50) percent of the project quotation total. The remaining fifty (50) percent of the project quotation total is due upon completion of the work, which must be paid within 30 days of the site going live. Payment for services is due by bank transfer to the account specified on our invoice.
3.0 Client Review
eCharisma will provide the Client with an opportunity to review the appearance and content of the website during the design phase and once the overall website development is completed. At the completion of the project, such materials will be deemed to be accepted and approved unless the Client notifies eCharisma ten (10) days of the date the materials are made available to the Client.
4.0 Turnaround, Content Control & Failure to provide website content
eCharisma will install and publicly post or supply the Client’s website by the date specified in the project proposal, or at a date agreed with the Client, unless a delay is specifically requested by the client and approved by email confirmation.
During the project, eCharisma will require the Client to provide website content; text, images, movies and sound files.
Clients must provide all the required information in advance. On any occasion where progress cannot be made with your website because we have not been given the required information in the agreed time frame, and we are delayed as result, we reserve the right to impose a surcharge of up to 25%.
Text content should be delivered as a Microsoft Word, email (or similar) document with the pages in the supplied document representing the content of the relevant pages on your website. These pages should have the same titles as the agreed website pages. Contact us if you need clarification on this.
Invoices will be provided by eCharisma upon completion of works and the live website being published. Invoices are normally sent via email or if required the Client may choose to receive hard copy invoices. Invoices are due upon receipt. Accounts that remain unpaid thirty (30) days after the date of the invoice will be liable for a £50 admin charge, and failure to pay will result in the website being removed.
6.0 Web Browsers
eCharisma makes every effort to ensure websites are designed to be viewed by the majority of visitors. Websites are designed to work with the most popular current browsers (e.g. Firefox, Microsoft Edge, Google Chrome, etc.). Client agrees that eCharisma cannot guarantee correct functionality with all browser software across different operating systems. eCharisma cannot accept responsibility for web pages which do not display acceptably in new versions of browsers released after the website has been designed and handed over to the Client. As such, eCharisma reserves the right to quote for any work involved in changing the website design or website code for it to work with updated browser software.
7.0 Termination, Cancellation and Switching Services
Termination of services by the Client must be requested in a written notice and will be effective on receipt of such notice. E-mail or telephone requests for termination of services will not be honoured until and unless confirmed in writing. The Client will be invoiced for design work completed to the date of first notice of cancellation for payment in full within thirty (30) days. Hosting charges will still be required for month of cancellation. An admin charge of £75 will be required to switch any services to an alternative hosting provider.
The Client retains the copyright to data, files and graphic logos provided by the Client, and grants eCharisma the rights to publish and use such material. The Client must obtain permission and rights to use any information or files that are copyrighted by a third party. The Client is further responsible for granting eCharisma permission and rights for use of the same and agrees to indemnify and hold harmless eCharisma from any and all claims resulting from the Client’s negligence or inability to obtain proper copyright permissions. Evidence of permissions and authorities may be requested.
9.0 Standard Media Delivery
Unless otherwise specified in the project quotation, this Agreement assumes that any text will be provided by the Client in electronic format and that all photographs and other graphics will be provided physically in high quality print suitable for scanning or electronically in .gif, .jpeg, .png or .tiff format. Although every reasonable attempt shall be made by eCharisma to return to the Client any images or printed material provided for use in creation of the Client’s website, such return cannot be guaranteed. The client reserves the right to request one digital copy of their website within thirty days of the website going live. Any copies requested after this time period or further copies required following any additional works will incur a £75 admin fee.
10.0 Design Credit
A link to eCharisma will appear in either small type or by a small graphic at the bottom of the Client’s website. If a graphic is used, it will be designed to fit in with the overall site design. If a client requests that the design credit be removed, a nominal fee of £500 will be applied. The Client also agrees that the website developed for the Client may be presented in eCharisma’s portfolio.
11.0 Post-Placement and Publication Alterations
eCharisma cannot accept responsibility for any alterations caused by a third party occurring to the Client’s pages once installed. Such alterations include, but are not limited to additions, modifications or deletions.
The client reserves the right to request changes to the website up to thirty (30) days following publishing the site. After this period any changes will incur a maintenance fee charge of £55.00 per hour. Quotations are available on request prior to any additional works.
12.0 Domain Names
eCharisma may purchase domain names on behalf of the Client. Payment and renewal of those domain names is the responsibility of the Client. The loss, cancellation or otherwise of the domain brought about by non or late payment is not the responsibility of eCharisma. The Client should keep a record of the due dates for payment to ensure that payment is received in good time. eCharisma will notify clients one month prior to the domain renewal date. Failure to receive payment before the domain expires will result in the domain not being renewed and the website uploaded taken down.
13.0 Hosting Services
eCharisma utilise a third party hosting company for hosting all web applications and no guarantees can be made as to the availability or interruption of this service. eCharisma holds no liability for losses caused by the unavailability, malfunction or interruption of this service, or for loss of turnover, sales, revenue, profits or indirect, consequential or special loss.
Hosting and configuration charges issued by eCharisma must be paid annually with the original website invoice or in some cases monthly by direct debit. The client is required to pay for the following months hosting before entering the month in question or services will be discontinued until payment is received. Failure to pay a months hosting and configuration charge, where by the website has been subsequently taken down, will require a £100 admin charge to resume website services.
eCharisma reserves the right to refuse to handle in any way, material which may be deemed offensive, illegal or in any way controversial, and also to terminate the hosting service should the necessity arise.
14.0 Search Engine Optimisation
While all efforts will be made by eCharisma to achieve high search engine results under specific key terms, no guarantee can be made to the success of this operation in such a competitive market. Payment for SEO services will result in a continued effort to strive for top rankings but no guarantee can be made as to the success of these efforts. The client reserves the right to cancel SEO services if they feel insufficient progress has been made. In conclusion, eCharisma are not liable for the success or otherwise of any SEO services provided.
SEO charges issued by eCharisma must be paid annually or in some cases monthly by standing order. The client is required to pay for the following months SEO service before entering the month in question or services will be discontinued until payment is received. Failure to pay a months SEO charge will result in the websites SEO services becoming immediately discontinued. eCharisma holds no responsibility or liability for any loss of custom during this period.
eCharisma hereby excludes itself, its Employees and or Agents from all and any liability from:
Loss or damage caused by any inaccuracy;
Loss or damage caused by omission;
Loss or damage caused by delay or error, whether the result of negligence or other cause in the production of the web site;
Loss or damage to clients’ artwork/photos, supplied for the site. Immaterial whether the loss or damage results from negligence or otherwise.
Loss or damage caused by an act of god.
The entire liability of eCharisma to the Client in respect of any claim whatsoever or breach of this Agreement, whether or not arising out of negligence, shall be limited to the charges paid for the Services under this Agreement in respect of which the breach has arisen.
16.0 Complaints Procedure
Anyone who experiences a problem with their web service provided by eCharisma should raise the matter directly by Phone, Email or using our online contact form to do so, giving sufficient information to locate the material (such as an url) and clearly outlining the grounds for complaint. eCharisma will approach the individual responsible for the material in question with a view to resolving the matter to the satisfaction of the complainant.
The formal complaints procedure should only be used where the complainant feels that the nature of the complaint is too serious to be dealt with informally, or where a satisfactory conclusion has not been reached after following the informal procedure. A formal complaint should be made in writing to eCharisma, who will acknowledge receipt and ensure that the matter is looked into as soon as possible. An initial response to any complaint can be expected within seven days of its receipt; a full and considered response to the complaint should be completed within thirty (30) days and any subsequent remedy implemented with the minimum of delay.
This document was last updated on January 8th, 2023.