Terms and Conditions
By placing an order with Christian Michaels, you confirm that you are in agreement with and bound by the terms and conditions below.
The Client: The company or individual requesting the services of Christian Michaels.
Christian Michaels: Primary designer/site owner & employees or affiliates.
Christian Michaels will carry out work only where an agreement is provided either by email, telephone, mail or a written proposal. Christian Michaels 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 Christian Michaels and the client, this includes telephone and email agreements.
Whilst every endeavour will be made to ensure that the website and any scripts or programs are free of errors, Christian Michaels cannot accept responsibility for any losses incurred due to malfunction, the website or any part of it.
The website, graphics and any programming code remain the property of Christian Michaels until all outstanding accounts are paid in full.
Any scripts, cgi applications, php scripts, or software (unless specifically agreed) written by Christian Michaels remain the copyright of Christian Michaels and may only be commercially reproduced or resold with the permission of Christian Michaels.
Christian Michaels cannot take responsibility for any copyright infringements caused by materials submitted by the client. We reserve the right to refuse any material of a copyrighted nature unless adequate proof is given of permission to use such material.
Any additions to the brief will be carried out at the discretion of Christian Michaels and where no charge is made by Christian Michaels for such additions, Christian Michaels accept no responsibility to ensure such additions are error free and reserve the right to charge an according amount for any correction to these or further additions.
The client agrees to make available as soon as is reasonably possible to Christian Michaels all materials required to complete the site to the agreed standard and within the set deadline.
Christian Michaels will not be liable for costs incurred, compensation or loss of earnings due to the failure to meet agreed deadlines.
Christian Michaels will not be liable or become involved in any disputes between the site owner and their clients and cannot be held responsible for any wrongdoing on the part of a site owner.
Christian Michaels will not be liable for any costs incurred, compensation or loss of earnings for any client.
Christian Michaels will not be liable for any costs incurred, compensation or loss of earnings due to the unavailability of the site, its servers, software or any material provided by its agents.
A deposit of 50% is required with any project before any design work will be carried out.
Once a website has been designed and completed the final balance of payment is then due in accordance with our payment terms. There are no exceptions to this, i.e If the client decides they no longer want the site, as they have commissioned the work and paid a deposit they are still obliged to pay for the work that has been done. Non payment will result in legal action being taken if necessary.
Database, Application and E-Commerce Development
Christian Michaels cannot take responsibility for any losses incurred by the use of any software created for the client. Whilst every care has been taken to ensure products are problem free and accurate, the ultimate responsibility lies with the client in ensuring that all software is functioning correctly before use.
Any scripts, cgi applications or software (unless specifically agreed) written by Christian Michaels remain the copyright of Christian Michaels and may only be commercially reproduced or resold with the permission of Christian Michaels.
Where applications or sites are developed on servers not recommended by Christian Michaels, the client is expected to provide or seek any information, additional software, support or co-operation pertaining to the server required in order for the application to be correctly developed. Where large applications are to be developed, it is the clients responsibility to provide a suitable testing environment which is identical to the final production environment.
The client is expected to test fully any application or programming relating to a site developed by Christian Michaels before being made generally available for use. Where "bugs", errors or other issues are found after the site is live, Christian Michaels will endeavour (but is not obliged to) to correct these issues to meet the standards of function outlined in the brief.
Once your new website project is launched it will be in the latest version of software at the time of going live, over time open source software platforms will release updates and security patches to make sure hackers cannot hack the software/system.
Christian Michaels offers support contracts for clients, these support contracts will allow us to make sure your website software is kept up to date.
If you, the client DO NOT take out a support contract with Christian Michaels, it is your responsibility to make sure your website is kept up to date.
Christian Michaels do not take responsibility for any clients website if the client is not on a support contract.
If a clients website is ever compromised or hacked it is the responsibility of the client to rectify this problem.
Christian Michaels will only support clients and rectify the problems on the website if the client is on a monthly support contract.
Christian Michaels reserve the right to shutdown any website held on Christian Michaels servers that has been compromised or hacked if the client is not on a monthly support contract.
Website Support Contracts
If you the client are on a support contract with Christian Michaels, this support contract will cover your website for minor security patches released by open source software platforms.
The support contract will cover the clients website against hacking and if the site is compromised.
If the client is on a support contract, it is Christian Michaels’ responsibility to make sure the website software is up to date.
If any software platform releases a major upgrade their may be an additional charge to cover the cost of this upgrade, based on how much time is involved to implement the upgrade on the clients website.
We offer limited hosting services to smaller sites by buying server space from a company that we have been using since 2013. This company is Wix. For ecommerce websites we use Shopify hosting. They both have great customer and technical service as well as an impressive uptime history.
Hosting is a service Christian Michaels offer through Wix and Shopify. Christian Michaels cannot/will not be held responsible for any downtime, loss or damage. Christian Michaels will not be held accountable for any monetary loss.
Christian Michaels reserves the right without notice to cancel, reject or refuse work with domain names or hosting services without reason for such rejection or refusal.
The Client agrees to be liable for their use of the domain name, hosting and email services with the third party and hereby agrees to indemnify and hold harmless Christian Michaels from any claim resulting from the Client’s publication of material and use of the domain name, hosting and email services.
The Client agrees to take full responsibility for all usage of the domain name, hosting and email services and to fully abide by the terms and conditions set out by the third party for such services.
Hosting invoices are issued 60 days before renewal. If we do not receive written confirmation that you no longer require the hosting, the full 1 years hosting payment is required and can only be cancelled for the following year by email or letter.
Christian Michaels will create bespoke/tailored marketing proposals for clients wishing to undertake digital marketing campaigns. Christian Michaels will detail the deliverables and costs associated with all marketing activities within the proposals. These proposals form the agreement between Christian Michaels and the client.
Cancelation of any marketing campaign must be in writing and received with 30 days notice.
Payment of Accounts
A deposit is required from any new client before any work is carried out. It is the Christian Michaels policy that any outstanding accounts for work carried out by Christian Michaels or its affiliates are required to be paid in full, no later than 30 days from the date of the invoice unless by prior arrangement with Christian Michaels.
Once a deposit is paid and work completed you are obliged to pay the balance of payment in full. We will contact clients via email and telephone to remind them of such payments if they are not received when due.
If accounts are not settled or Christian Michaels have not been contacted regarding the delay, access to the related website may be denied and web pages removed, we will then pass such cases to the Small Claims Court to pursue payment, non payment can result in county court judgements (ccj's) being added to the clients credit rating.
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 need be to seek payment through legal procedures, and if necessary court summons.
Passing of Rights
Once all amounts due to Christian Michaels from the client are paid and cleared you are assigned the rights to use, as applicable, the products and services, including, the web site which includes the text, graphics, animation, audio components and digital components contained within the finished web site, in accordance with these terms and conditions, the Project Agreement and any applicable agreement, terms or licence but no rights of ownership are conveyed unless specifically stated in the Project Contract.
No such rights as described in above will pass until all amounts due to us from you are paid. This means that we will have a lien over any service, products, data or information. If you have not paid the invoice in full within 2 months from the date of the invoice you agree that you will forfeit your rights.
The rights to photographs, graphics and any third party items such as source code, always remain the property of their respective owners.
Anyone who experiences a problem with their web service provided by Christian Michaels should raise the matter directly 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.
Christian Michaels will approach the individual responsible for the material in question with a view to resolving the matter to the satisfaction of the complainant.
Formal complaints procedure
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 Christian Michaels, 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 30 days and any subsequent remedy implemented with the minimum of delay.