Terms and conditions

These are Peacock Carter's terms of business. If you have any questions about them, our web design or other services, please get in touch

All work undertaken by Peacock Carter Ltd, of Design Works, William Street, Felling, NE10 0JP, is subject to the below terms and conditions.

Definitions

‘Client’ refers to any person, entity or organisation for whom Peacock Carter Ltd undertake work.
‘Website’ and ‘site’ refer to any form of online document in an Internet-ready format, including Hyper Text Mark-up Language and Cascading Style Sheets.
‘Agreement’, ‘terms and conditions’ and ‘terms’ refer to this document, and the terms, conditions and guidelines within it.
‘We’, ‘our’, ‘us’ and ‘PC&A’ refer to Peacock Carter Ltd, of the address denoted in these terms and conditions.
‘User’ and ‘visitor’ refer to anyone accessing, or attempting to access, a website owned, created or otherwise connected with Peacock Carter Ltd.
‘Project’ and ‘work’ refer to any work undertaken by Peacock Carter Ltd or a third party acting on behalf of Peacock Carter Ltd, on behalf of the client.
Where written notification is requested, electronic mail is included.
Any prices or costs included in this agreement are in UK Sterling (GBP, £). Where costs or prices are specified, this excludes the cost of making the payment (for example, payment options such as PayPal charge additional fees; responsibility for paying these lies with the client).

Acceptance, confidentiality & jurisdiction

These terms and conditions are Peacock Carter Ltd’ standard terms of business. By initiating business with us, you agree to be bound by these terms as far as the law will allow; the client’s approval for work to commence shall be deemed acceptance of these terms.
Any disputes arising between the client and Peacock Carter Ltd are subject to the jurisdiction of English courts.
Trade-dress and industrially sensitive information released to Peacock Carter Ltd by the client will remain confidential.
Peacock Carter Ltd reserve the right to refuse a project, at any stage of completion, at any time, by submitting notification to the client in writing and issuing a full refund.
All meetings to be held with clients are to be at Peacock Carter Ltd’ premises. Meetings requested by the client at other locations will be charged at £25 per hour for the meeting and journey time. Travel expenses will also be payable.
Waiving of any of these terms on an individual basis, this shall not affect the validity of the remaining terms, nor commit Peacock Carter Ltd to waive the same term or condition in the future.

Force majeure & third parties

Peacock Carter Ltd accept no responsibility or liability for the delay, damage (physical, mental or otherwise) caused to a client or the visitors to a website of the client created (partially or otherwise) by Peacock Carter Ltd or any other third party.
Peacock Carter Ltd accept no responsibility or liability for the delay, damage (physical or otherwise) caused by third parties to your project.
Your project may be delayed due to force majeure, including but not limited to - natural disaster and fire – and this is beyond Peacock Carter Ltd’ control.

Intellectual property

Work displayed in our portfolio is either the property of Peacock Carter Ltd or its clients.
Any graphical design, web design or other work undertaken on behalf of the client by us remains the intellectual property of Peacock Carter Ltd until full payment of all accounts with Peacock Carter Ltd associated with the client have been settled in full.
For logo design projects, the client will be given the full rights to the final logo chosen by the client upon full payment of all of the client’s accounts. For web design and graphic design projects, the client will be given non-exclusive rights to the work, excluding the framework which is used on the client’s website(s), known as Nerve and Toucan CMS, which is provided ‘as is’ to the client, and remains the property of Peacock Carter Ltd.
The client will be given rights to the final artwork created only, and not to any artwork created during the client’s project, except where this would infringe upon the client’s right to trademarks or trade-dress.
Any violation of copyrighted or otherwise protected assets of Peacock Carter Ltd may results in complete and instant termination of service to the client, with no guarantee of a refund.
The client accepts that Peacock Carter Ltd’ Content Management System, Toucan CMS™ and website development framework, known as Nerve, remain the intellectual property of Peacock Carter Ltd.
In the case of a website designed by Peacock Carter Ltd for the client, any hyperlinks to the website of Peacock Carter Ltd and/or its products and services must remain on the website, and remain visible. Unauthorised removal or alteration of these with these may result in complete and instant termination of service to the client. Removal of these elements may be purchased from Peacock Carter Ltd at additional cost to the client.
Peacock Carter Ltd reserve to publish work completed on behalf of the client, including (but not limited to) online portfolios, journals, local, national and international publications, both in print and in digital format. If you do not wish us to publicise your work, please request a non-disclosure agreement with us.
Peacock Carter Ltd reserve the right to alter work completed on the client’s behalf at any time in the interests of complying more fully with standards (whether legal or otherwise), such as the World Wide Web Consortium (W3C).

Domain names, website hosting and ongoing costs

Peacock Carter Ltd are able to register domain names (e.g. www.example.com, www.example.co.uk) on behalf of the client. Non- and late-payment for these domains may result in the client losing the domain name, for which Peacock Carter Ltd accept no responsibility.
If the client’s website is hosted on a website server controlled by Peacock Carter Ltd, non- or late-payment of website hosting may result in your website becoming inactive.
Peacock Carter Ltd reserve the right to suspend or remove/delete any website for which payment of any type (e.g. for projects other than the one to be removed) is owed by the client to Peacock Carter Ltd or a third party - either contracted on Peacock Carter Ltd’ behalf or otherwise - is over 30 days late.
You acknowledge that Peacock Carter Ltd have no control over the information transmitted via our web servers, and that we do not examine the use to which you put this service, or the nature of the information you are sending or receiving. Hereby, we exclude all liability of any kind for the transmission or reception of information of whatever nature.
Peacock Carter Ltd is not, in any way, liable for any losses - direct or indirect - of business, revenue or profits, anticipated savings or wasted expenditure, corruption or destruction of data or for any indirect or consequential loss whatsoever from data or software stored on our website hosting servers.
Peacock Carter Ltd accept no responsibility for the integration, malfunctioning or other poor performance of the client’s website on a website server supplied by the client or a third party appointed by the client.
The content and uses of the website and all other materials provided to the client must be legal, and the client must be able to substantiate all claims and representations. The client will be responsible for all trade mark, service mark, copyright and patent infringement.
We accept no liability whatsoever for the acts or omissions of other providers of telecommunication service or for faults in or failures of their apparatus in regards to our website hosting service provided to the client.
Peacock Carter Ltd shall not be responsible for the client’s website site promotion. Should the client require the website to be promoted, the client will be required to agree to a separate search engine optimisation agreement. The client understands that the order in which websites are presented in search engine ranking pages is controlled by the search engines, and not Peacock Carter Ltd.
Once the website is provided to and accepted by the client as a fully functioning, completed work, Peacock Carter Ltd are not liable or responsible for its future upkeep. Clients wanting regular maintenance and support should seek a maintenance agreement with Peacock Carter Ltd
Whilst unlikely, the client’s website is accessible via the World Wide Web (Internet), and, as such, malicious software and website hackers may be able to permeate the security precautions used by Peacock Carter. Peacock Carter Ltd accept no responsibility or liability once the website has been accepted by the client as being fully functioning.

Completion of work, refunds & cancellation

Peacock Carter Ltd aim to complete your project by the time specified in your project specification and to complete every project to the same high standards. Should the work not be of a standard you expect, a full refund may be awarded to the client, however, Peacock Carter Ltd reserve the right to reduce the refund given to the client in order to reclaim any costs for labour already done on the client’s behalf, and for materials purchased for the project.
In the case of web development, custom scripting and other programming and/or development work, Peacock Carter Ltd will correct any problems at no cost to the client if the error could have been prevented by us or if the work was not to the specification in the project specification, and the error is reported within 14 days of the release of the work to the client. Corrections after this time may be subject to our hourly, half-daily or daily development work rates, available on request and subject to change.
The client may cancel work being undertaken by Peacock Carter Ltd at any time by submitting a request in writing to an address indicated on this document. Where possible, a cancelled project will receive a full refund if it is cancelled before work commences. Refunds of payment after work has been started (including administrative work) will be refunded after deduction of costs for materials and labour at our hourly, daily or half-daily rates applicable to the type of work being undertaken on behalf of the client.
If a project requires the submission of materials by the client, the client must supply the materials within 14 days of notification by Peacock Carter Ltd. Failure to do so will make the client liable to an administration charge of £40 every 14 days or part thereof where the content is overdue.
For search engine optimisation campaigns, please note that, whilst the facility is provided for the client to change their website’s content, this can have adverse affects with search engine positioning of your website; Peacock Carter Ltd advise that clients request that we alter their website’s content on their behalf.

Payment

Payment terms for your project should be specified in your project specification, however, where this is not the case, an initial payment 50% of the cost of your project (excluding the cost of ‘sundries’ needed for your project at this time such as stock photography, animation, Flash design, domain names and website hosting, which are also payable at this time) is needed before work will commence on your project.
Should the client pay Peacock Carter Ltd by cheque, and the cheque is, for any reason, returned or refused by the bank, we reserve the right to invoice the client a ‘cheque refusal’ charge of £25.
Peacock Carter Ltd reserve the right to use bailiffs and debt collection agencies of their choosing when recovering monies or other materials owed to us. The client will be liable for the cost of debt recovery up to the amounts set out under the Late Payment of Commercial Debts (Interest) Act 1998.
Client accounts with Peacock Carter Ltd not settled within 7 days of our final. The client will also be charged statutory interest of 8% above the reference rate (fixed by the Bank of England for the six month duration within which the invoice(s) became overdue), pursuant to Late Payment of Commercial Debts (Interest) Act 1998, from the date the invoice(s) became overdue.

Updating of these terms & conditions

Should Peacock Carter Ltd revise these terms and conditions, clients will be notified in writing 14 days before the new terms and conditions are to come in to force.