Opacity Creative Lab

SHANNON@OPACITYCREATIVELAB.COM

TERMS & CONDITIONS.

The following terms and conditions apply to website development and design services provided by Opacity Creative Lab to the Client. Acceptance of a proposal, purchase and/or use of the Services shall be considered acceptance of the Terms.

1. Charges

The charges are all defined within your proposal that you would have received from your account manager.  Quotations are valid for a period of 30 days. Opacity Creative Lab reserves the right to alter a quotation or decline to provide the relevant Services after expiry of the 30 days.

Unless agreed otherwise with the Client, all website design services require an advance payment of a 50% percent of the project quotation total before the work commences. This will get you a space booked into our web developers calendar, and will only be booked in once the first balance has been paid. For example should the client receive a quotation and pay two weeks later,  their build slot will be two weeks further back within the web development calendar. The remaining 50% of the balance is due to be paid within 7 days of the website going live. 

Once the client has agreed to the first look design of the website, this gives the web development team the go ahead to complete the rest of the website. Due to the web team then taking the time to work on the website, once agreed on first look, the client agrees to pay for the website in full up until the final balance date. 

The Client agrees to reimburse Opacity Creative Lab for any additional expenses necessary for the completion of the work. Expenses may include (but are not limited to) purchase of domain names, special fonts and stock photography, however these will be agreed with the client before purchase is made.

All Charges are exclusive of VAT unless stated otherwise.

2. Invoicing and payment

Opacity Creative Lab will submit invoices in correspondence with the above. Invoices are sent via email. Payment for services is due by bank transfer. Bank details will be made available on invoices.

If the Client fails to make any payment due to Opacity Creative Lab by the due date for payment, then in connection with these terms and conditions, the Client could be subject to pay either interest or a “late submission” payment, which will be addressed by your account manager. Such interest shall accrue on a daily basis from the due date until actual payment of the overdue amount, whether before or after judgment. The Client shall pay the interest together with the overdue amount.

Projects that remain unpaid seven (7) days after the due date of the last payment, will be considered in default. If the Client in default maintains any information or files on Opacity Creative Lab’s web space, Opacity Creative Lab reserve the rights to, remove all such material from its web space. Opacity Creative Lab is not responsible for any loss of data due to the removal of the service. Removal of such material does not relieve the Client of the obligation to pay any outstanding charges assessed to the Client’s account.  Clients with accounts in default agree to pay Opacity Creative Lab reasonable expenses, including legal fees and costs for collection by third-party agencies, incurred by Opacity Creative Lab in enforcing these Terms.

3. Client Review

Opacity Creative Lab 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. 

5. Failure to provide required website content

Opacity Creative Lab is an upcoming agency with a small team, therefore it is imperative for us to meet deadlines, that the client understands what is needed from them for these to be met. Through signing this document, the client understands that if content has not been received that has been requested by the web team, this may delay the completion time of the website, however this does not affect the final payment date. 

This stresses the importance of the onboarding call in which you will be asked to complete when you sign up to using our web development services, as this allows the team to gather the information we need, and also make you aware of what we need. 

On any occasion where progress cannot be made with the Client’s website because we have not been given the required information in the agreed time frame, and we are delayed as result. 

If the Client agrees to provide us with the required information and subsequently fail to do within one week of project commencement we reserve the right to close the project and the balance remaining becomes payable immediately (at the discretion of the team) We ask that until you are ready to go ahead, do not give the web team the green light. 

Content can be given in different forms, whether that be WhatsApp, email, word documents, pages, or a website providing you have the rights to the existing content.

6. Web Browsers

Opacity Creative Lab 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, Google Chrome,  etc.). The Client agrees that Opacity Creative Lab cannot guarantee correct functionality with all browser software across different operating systems, especially with outdated browsers such as internet explorer.

Opacity Creative Lab 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, Opacity Creative Lab 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. Cancellation

Termination of services by the Client must be requested in a written notice and will be effective on receipt of such notice. Email or telephone requests for termination of services will not be honoured until and unless confirmed in writing. The Client will be invoiced for work completed (including any expenses incurred, as outlined in point 1) to the date of first notice of cancellation for payment in full within thirty (30) days.

8. Indemnity

All Opacity Creative Labservices may be used for lawful purposes only. The Client agrees to indemnify and hold harmless Opacity Creative Lab against all damages, losses and expenses arising as a result of any and all actions or claims resulting from the Client’s use of Opacity Creative Lab’s service.

In signing this document, the client agrees to the terms and conditions. If you have any questions, please contact your account manager, and they will be able to further assist you.