Terms & Conditions

Introduction

This document contains Monkey Perch Studios (the "company", "us", "we", or "our") Web Design Terms of Service. Monkey Perch Studios expects its clients (the "customer", "user", "you", or "your") to carefully read and understand this document. By doing business with Monkey Perch Studios, you are subject to the following terms and conditions.

Monkey Perch Studios's hosting services are provided under the company name Cymbiant Hosting.

Monkey Perch Studios reserves the right to modify these terms at any time, or against any customer it believes is abusing this agreement. Any such revision or change will be binding and effective immediately after posting of the revised Terms of Service on www.cymbianthosting.co.uk. You agree to periodically review our Terms of Service, including the current version of our Terms of Service. Our Web Design Terms of Service agreement is made available at http://www.cymbianthosting.co.uk/Terms/. It is your obligation to review our Terms of Service for any such revisions.

Quotes & Contracts

Quotes and promotional rates provided to prospects will be honored for up to 30 days. A new quote will then be provided upon request.

Charges & Fees

All new web design projects that are £150 or less will be split into 2 payments. An initial 50% deposit will be due immediately before we begin work on the website. The remainder on completion. Projects where the total cost is over £150 will be split into 3 payments. An initial 30% deposit will be due immediately before we begin work on the website. A 30% mid-stage payment. The remaining 40% balance will be due upon acceptance of the completed web development project. Clients outside the United Kingdom are required to pay in full for their web design project before work begins.

Development Process

The web development process used by Monkey Perch Studios is divided into stages agreed upon with the client at the beginning of the project. Each stage will need to be signed off by the client before work will continue to ensure the project moves in the correct direction.

The website will be considered finished once it has been published or approved by the client.

Requesting Additional Pages or Content Changes

The client is expected to provide Monkey Perch Studios with a list of pages he/she wishes to build for the website. In addition, we assume that any content to be built will be presented within the first week of initial web design purchase or before the agreed upon stage of development.

Requests for new pages or additional content after the agreed upon stage will not be accepted. We reserve the right to bill the client separately for any requests that are not declared within the allotted schedule.

Web Site Design Credit

All Monkey Perch Studios web design clients will have "Site by Monkey Perch Studios" link on their website in the footer of every page. This is non-negotiable. Additionally, websites designed and hosted by us will carry a "Site by Monkey Perch Studios | Hosted by Monkey Perch Studios" footer link. By hiring us to work on your website you are agreeing to this, and that you understand that this link may NOT be removed without our consent. At our sole discretion, we may agree to accept a fee of £250 +Vat to allow this link to be permanently removed. If another company is involved in the graphical design of the site, their credit may be added too.

Copyright & Ownership

Upon completion of the project, Monkey Perch Studios transfers all rights and ownership of CUSTOM designs by Monkey Perch Studios to the client. All programming written for the website is licenced to the client on an indefinite and unrestricted sense. This allows background programming to be used again in other sites created by Monkey Perch Studios and Monkey Perch Studios. If a client requires complete intellectual property over a piece of programming they must discuss this with the developer before quotation and an extra cost will be assigned. Software and third party graphics or programs are not transferred to the client and remain under copyright of their respective owners.

Monkey Perch Studios reserves the right to resell custom designed web sites that remain unpaid by the original client, unaccepted mockups or other graphics created by our company but not in legal use by the client.

Monkey Perch Studios reserves the right to display websites and graphics that have been designed by our company in any marketing material to aid as examples of our work.

Development & Delivery

Monkey Perch Studios understands the importance of completing projects in a timely manner.

We agree to complete the web design project within an agreed time limit, usually set at 90 days from the date of original purchase. If the client does not supply Monkey Perch Studios with complete text, graphic content and other requested materials for the website within an agreed period of initial web design purchase, the work order becomes void and all deposits and other payments paid by the client are forfeited. The client may request a Project Extension in writing to Monkey Perch Studios for an additional fee of 25% of the project total cost for every 30 days of extension. All extension fees are due upon agreement of the extension between Monkey Perch Studios and the client.

Monkey Perch Studios can not be held accountable for launch delays where either the client has delayed providing information or when the hosting or domain name set up/transfer has not been sorted in advance.

Development Requests After Completion

Unless the client is hosting his website with Monkey Perch Studios, we will consider our work on the website finished once it has been published or approved by the client. Additional development or assistance after the website is deemed "complete" will be billed by the hour. The hourly rate will be determined at the time of the request and may differ from the initial web development purchase price. If the client is hosting his website with Monkey Perch Studios, support will be provided according to our Managed Hosting Terms of Service.

Clients may review the Managed Hosting Terms of Service at: http://www.cymbianthosting.co.uk/Terms/.

Non-Communication

If we are unable to communicate with a client on a project for a duration of at least forty-five days (45) by phone or email during the design and development process, the project will be canceled without prior notice and no refund will be issued.

Refunds

Refunds are only available based on work not already carried out. The payments are split into stages to prevent the need for this to occur. Refunds will only be considered on stage payments when the requests have been made within 7 days of payment at the sole discretion of the developer.

Under the circumstances that full payment was made at the beginning of the project, a percentage will be decided upon by the developer based on the amount of work completed at cancellation.

If part way through the project the work is considerably reduced adjustments will be made to the future stage payments.

Acceptance

Please note that by submitting your down payment for our services you are agreeing to all of our terms of service as written here. Monkey Perch Studios reserves the right to change or update these terms at any time without prior notice.

Miscellaneous

This Agreement, and all disputes and claims arising out of or in connection with it, shall be governed by the laws of England & Wales. The Customer irrevocably and unconditionally agrees with Monkey Perch Studios that the English courts shall have exclusive jurisdiction over all such disputes or claims arising hereunder.

If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.

Revised and effective: April 18th, 2016.