McCarthy-Design PARTNERSHIP
Terms and Conditions
Any point within these Terms and Conditions may be amended by either party by written agreement.
Draft Designs
  • An initial draft design or designs for a website may be provided at the discretion of the McCarthy-Design Partnership on a speculative basis by written agreement from the McCarthy-Design Partnership.
  • The McCarthy-Design Partnership is under no obligation to provide a draft design for any request
  • The McCarthy-Design Partnership may use the information provided by the client to contact the client regarding their website requirements.
  • Draft designs are entirely the copyright of the McCarthy-Design Partnership until fully purchased by the client.
  • The McCarthy-Design Partnership reserves the right to use any draft designs in any marketing material representing the McCarthy-Design Partnership.
  • The images in any draft design may be substituted with alternative images in the final design.
  • The McCarthy-Design Partnership reserves the right to amend a draft design entirely for the final design.
Quotation
  • The McCarthy-Design Partnership will provide the website and features as described in their quotations.
  • All quotations are valid for 30 days. The McCarthy-Design Partnership reserves the right to withdraw quotations, in writing, within the 30 day period, unless a deposit has been paid by the client.
Payment
  • A 40% deposit will be paid by the client to the McCarthy-Design Partnership, based on the fees likely to be incurred as presented in the quote, before the McCarthy-Design Partnership starts work on the client’s account, excluding any initial speculative draft design.
  • Any features deemed by the McCarthy-Design Partnership as additional to the existing quote are subject to an additional cost. In these circumstances, the McCarthy-Design Partnership will give notice prior to implementation and seek agreement of the additional cost. An invoice for 40% of the costs of these additional features will be issued with payment due within 4 working days. The remaining 60% will be added to the final invoice.
  • On completion of the services, work or goods provided, an invoice for all residual fees will be sent to the client. The McCarthy-Design Partnership reserves the right to withhold or remove a website or any work the McCarthy-Design Partnership creates for a client from publication or submission prior to full and complete payment.
  • All invoices are due for payment strictly within 30 working days of the date of invoice.
  • Late payments will be subject to interest charges on any monies owed at the rate of 2.25% interest per month, calculated weekly and compounded monthly. Failure to apply interest does not constitute a waiver of the option to charge.
  • For late payments, the McCarthy-Design Partnership reserves the right to withdraw all services, until the outstanding debt is settled.
    This may include, but is not limited to, removing any material stored on any server, preventing access to any and all documents, papers, material etc. belonging to the Client. The McCarthy-Design Partnership is not obliged to keep electronic or paper copies of any such material for more than 3 months from date they were supplied or created. The McCarthy-Design Partnership shall not be liable for any loss monetary or otherwise, as a result of taking any such actions.
  • VAT, of 17.5%, wail be applied to all goods, work or services supplied by the McCarthy-Design Partnership to UK based clients.
  • The McCarthy-Design Partnership websites are available for purchase by individuals in any country, and will be subject to local taxation. The currency of all transactions will be Great British Pounds Sterling.
Website Build
  • All websites will be built for compatibility with Microsoft Internet Explorer 5 and above.
  • All websites will be built at a fixed width for optimal viewing in 800 x 600 resolution.
  • The client is responsible for securing copyright agreement for the use of any material submitted by them to the McCarthy-Design Partnership for use in the client’s project.
  • Copyright of all material prepared in addition to the website by the McCarthy-Design Partnership is reserved by the McCarthy-Design Partnership.
  • the McCarthy-Design Partnership reserve the right to maintain a visible hyperlink on each page of a website it creates in part or whole, linking directly to the McCarthy-Design Partnership website homepage. This link is not to be removed or modified in anyway without the express written permission of the McCarthy-Design Partnership.
  • The McCarthy-Design Partnership reserves the right to use the services of third parties.
Delivery Policy
  • Upon receipt of final approval in writing from the client, and once all payments have been received, the ownership and copyright for the site will transfer to the client and the website will be launched, with the following restrictions:
    1. Images including but not limited to photographs and computer generated images, supplied by the McCarthy-Design Partnership, remain the copyright of the McCarthy-Design Partnership or their suppliers and may not be reproduced, electronically or in print, without the express written permission of the McCarthy-Design Partnership.
    2. Only one instance of a website can be made available on the World Wide Web;
    3. No portion of the coding can be copied/duplicated or redistributed in any form electronic or otherwise.
  • On final written approval and final payment and the client will be given full access to all the files of the website.
  • All data stored in an online database is the property of the client along with any rights and responsibilities associated with this, including, but not limited to, the client's responsibilities and duties in relation to the Data Protection Act.
  • The McCarthy-Design Partnership will provide standard Windows 2000 for MS Access hosting, using a 3rd party supplier, for the client for no additional charge for 12 months from the date of launch. No guarantees of service can be made by the McCarthy-Design Partnership on behalf of the host. Bandwidth in excess of 2MB per month will be subject to additional charges. Alternative hosting arrangements will be subject to an additional charge. Subsequent annual charges will apply.
  • The free first year hosting does not include the registration of a domain name.
  • The client agrees to allow the McCarthy-Design Partnership to make all efforts to transfer an existing domain name to the McCarthy-Design Partnership webspace for which there will be no additional charge. The client may be required to extend the registration period of the domain name to support this process and any associated cost of this will be passed onto the client.
Refund, Replacement and Cancellation terms
  • Any deposit paid is non-refundable.
  • Any errors identified with work undertaken by the McCarthy-Design Partnership must be notified in writing on immediate discovery of the error. The McCarthy-Design Partnership will attempt to resolve any genuine errors as quickly as possible. The McCarthy-Design Partnership cannot accept responsibility for any loss either monetary or otherwise due to any web site errors.
Other agreements
  • Maintenance agreements will be provided to clients taking out this service.
  • Hosting agreements will be provided to clients taking out this service.
Disclaimer
  • The Client indemnifies the McCarthy-Design Partnership and shall keep the McCarthy-Design Partnership indemnified and hold the McCarthy-Design Partnership harmless from and against any and all breaches by the Client of all items within the entire the McCarthy-Design Partnership terms and conditions and any claim brought against the McCarthy-Design Partnership by any third party in connection with or resulting from the provision of the Services by the McCarthy-Design Partnership to the Customer including, but not limited to, all claims, actions, proceedings, losses, liabilities, damages, cost, expenses (including all reasonable legal costs and expenses) howsoever suffered or incurred by us in consequence of the breach or non-observance of the terms and conditions of this.
  • The McCarthy-Design Partnership reserves the right to withdraw any of our services in whole or in parts without prior notice. the McCarthy-Design Partnership shall be under no liability whatsoever to the Client for any costs, losses and damages, howsoever arising, that the Client may incur or may have incurred, due to the removal of such services.
The McCarthy-Design Partnership Website
  • The McCarthy-Design Partnership takes all reasonable measures to ensure that the content of the McCarthy-Design Partnership website is valid and correct. The McCarthy-Design Partnership cannot be held responsible for any decisions taken based on the content of the McCarthy-Design Partnership website.
  • All content of this website (the McCarthy-Design Partnership) is the copyright of the McCarthy-Design Partnership and may not be reproduced in any way without express written permission from McCarthy-Design. All copyrights and trademark notices, marks, disclaimers and other such elements must be preserved and upheld at all times.
  • The McCarthy-Design Partnership does not accept any responsibility for the contents of materials viewable from this site. These materials may be provided by (but are not limited to) links, frames, portals or other websites.
Privacy Policy
  • Preservation of your privacy is important to us and we are committed to letting you know how we use your personal information. Information which identifies you personally will be utilised only to provide the services you require and for providing you with information about our products and services. It will not be sold or disclosed to third parties without your permission unless we are required to do so by law. If cookies are used they will similarly only be used to assist the purposes set out in this privacy policy, but cookies will not be used if we do not consider them to be necessary.
eMail Policy
  • Communications in connection with this site may be sent by eMail. For ease of use and compatibility communications will not be sent in an encrypted form unless you require it and provide the certification to enable us to communicate with you in that way. eMail unless encrypted is not a fully secure means of communication.