Terms and Conditions: Goods and Services

The following terms and conditions apply to all design and development services, and the supply of materials and goods provided by Epic Management Services Limited to the client

 

1. Acceptance

It is not necessary for any Client to have signed an acceptance of these terms and conditions for them to apply. If a Client accepts a quote, then the Client will be deemed to have satisfied themselves as to the terms applying and have accepted these terms and conditions in full. Please read these terms and conditions carefully. Any purchase or use of our services implies that you have read and accepted our terms and conditions.

 

2. Charges

Charges for services to be provided by Epic Management Services Limited. are defined in the project quotation that the Client receives via e-mail. Quotations are valid for a period of 30 days. Epic Management Services Limited reserves the right to alter or decline to provide a quotation after expiry of the 30 days. Unless agreed otherwise with the Client, all design and other services, and goods require an advance payment of a minimum of 30% of the project quotation total before the work commences. The balance is due upon completion of the work, and in respect of website development, prior to upload to the server. Please note the advance 30% payment (deposit) is non-refundable for any project unless no work has been started by Epic Management Services Limited. Payment for services is by same day electronic transfer. Cheques will not be accepted. Bank details will be made available on invoices.

 

3. Client Review

Epic Management Services Limited will provide the Client with an opportunity to review progress on any project at any stage in its creation, design, or development. At the completion of the project, such materials will be deemed to be accepted and approved unless the Client notifies Epic Management Services Limited, otherwise within ten (10) days of the date the materials are made available to the Client.

 

4. Turnaround Time and Content Control

Epic Management Services Limited will complete projects by the date specified in the project proposal, or at a date agreed with Client upon receiving initial payment, unless a delay is specifically requested by the Client and agreed by Epic Management Services Limited or Epic Management Services Limited have any technical issues or experiences that slow down the development process. In return, the Client agrees to delegate a single individual as a primary contact to aid Epic Management Services Limited with the progress of projects and tasks so that the commission can be completed in a satisfactory and expedient manner. During any project, Epic Management Services Limited will require the Client to provide content, such as text, images, movies and sound files for websites and text for printed materials and other materials, unless it is specifically agreed at the outset that this input will be the responsibility of Epic Management Services Limited.

 

5. Failure to provide required content

Epic Management Services Limited is a small business, to remain efficient we must ensure that work we have programmed is carried out at the scheduled time. On occasions we may have to reject offers for other work and enquiries to ensure that your work is completed at the time arranged. Therefore, we ask that you provide all the required information in advance. On any occasion where progress cannot be made with your project because we have not been given the required information in the agreed time frame, and we are delayed as result, we reserve the right to impose a surcharge of up to 25%. Unless all content is provided by the Client prior to any work taking place, Epic Management Services Limited have the right to delay the project. If a website project involves Search Engine Optimisation (SEO) we need the text content for your site in advance so that the SEO can be planned and completed efficiently. If you agree 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.

NOTE: Text content should be delivered as a Microsoft Word, email (or similar) document with the pages in the supplied document representing the content of the relevant pages on your website. These pages should have the same titles as the agreed website pages.

 

6.Payment

Invoices will be provided by Epic Management Services Limited upon completion (but before publishing a live website) and invoices are normally sent via email. However, the Client may choose to receive hard copy invoices. Invoices are due upon receipt. Accounts that remain unpaid thirty (30) days after the date of the invoice will be assessed a service charge in the amount of the higher of one and one-half percent (1.5%) or £30 per month of the total amount due.

 

7. Additional Expenses

The Client agrees to reimburse Epic Management Services Limited. for any additional expenses necessary for the completion of the work. Examples would be purchase of special fonts, stock photography, etc.

 

8. Web Browsers

Epic Management Services Limited makes every effort to ensure websites are designed to be viewed by most visitors. Websites are designed to work with the most popular current browsers. The Client agrees that Epic Management Services Limited cannot guarantee correct functionality with all browser software across different operating systems. Epic Management Services Limited 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. We reserve the right to quote for any work involved in changing the website design or website code for it to work with updated browser software.

 

9. Default

Accounts unpaid thirty (30) days after the date of invoice will be considered in default. In such circumstances we reserve the right to remove material from its web space. Epic Management Services Limited is not responsible for any loss of data incurred 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 Epic Management Services Limited reasonable administration expenses, including legal fees and costs for collection by third-party agencies, incurred by Epic Management Services Limited in enforcing these Terms and Conditions.

 

10. Termination

Termination of services by the Client must be requested in a written notice and will be effective on receipt of such notice. Telephone requests for termination of services will not be honoured until and unless confirmed in writing. The Client will be invoiced for design work completed to the date of first notice of cancellation for payment in full within thirty (30) days.

 

11. Indemnity

All Epic Management Services Limited services may be used for lawful purposes only. You agree to indemnify and hold Epic Management Services Limited harmless from any claims resulting from your use of our service that damages you or any other party.

 

12. Copyright

The Client retains the copyright to data, files and graphic logos provided by the Client, and grants Epic Management Services Limited the rights to publish and use such material. The Client must obtain permission and rights to use any information or files that are copyrighted by a third party. The Client is further responsible for granting Epic Management Services Limited permission and rights for use of the same and agrees to indemnify and hold harmless Epic Management Services Limited from any and all claims resulting from the Client’s negligence or inability to obtain proper copyright permissions. A contract for website design and/or placement shall be regarded as a guarantee by the Client to Epic Management Services Limited that all such permissions and authorities have been obtained. Evidence of permissions and authorities may be requested.

 

13. Websites: Standard Media Delivery

Unless otherwise specified in the project quotation, this Agreement assumes that any text will be provided by the Client in electronic format and that all photographs and other graphics will be provided physically in high quality print suitable for scanning or electronically in .gif, .jpeg, .png or .tiff format. Although every reasonable attempt shall be made by Epic Management Services Limited to return to the Client any images or printed material provided for use in creation of the Client’s website, such return cannot be guaranteed.

 

14. Design Credit

A link to brand name of Epic Management Services Limited will usually appear in either small type or by a small graphic at the bottom of the Client’s website. Exceptions to this are where Epic Management Services Limited does not want to be associated with a client’s brand or activities. A credit to the company will also appear on most printed materials. If a graphic is used on a website, it will be designed to fit in with the overall site design. If a client requests that the design credit be removed, a nominal fee of 10% of the total development charges will be applied. When total development charges are less than £5,000, a fixed fee of £500 will be applied. The Client also agrees that designs, products, and materials, including a website, developed for the Client may be presented in Epic Management Services Limited portfolio.

 

15. Access Requirements

If the Client’s website is to be installed on a third-party server, Epic Management Services Limited must be granted temporary read/write access to the Client’s server directories which must be accessible, made accessible either via FTP or Cpanel, depending on the specific nature of the project, and because other resources might also need to be configured on the server.

 

16. Post-Placement Alterations

Epic Management Services Limited cannot accept responsibility for any alterations caused by a third party occurring to the Client’s website pages once installed. Such alterations include, but are not limited to additions, modifications or deletions.

 

 

17. Domain Names

Epic Management Services Limited may purchase domain names on behalf of the Client. Payment and renewal of those domain names is the responsibility of the Client unless otherwise agreed. The loss, cancellation or otherwise of the domain brought about by non- or late payment is not the responsibility of Epic Management Services Limited.

 

18. General

These Terms and Conditions supersede all previous representations, understandings or agreements. The Client’s signature below or payment of an advance fee constitutes agreement to and acceptance of these Terms and Conditions. Payment online is an acceptance of our terms and conditions.

 

19. Governing Law

These Terms and Conditions shall be governed by English Law.

 

20. Liability

Epic Management Services Limited hereby excludes itself, its Employees and or Agents from all and any liability from any loss or damage caused by any inaccuracy or omission; loss or damage caused by delay or error, whether the result of negligence or other cause in the production of the website; and loss or damage to clients’ artwork/photos, supplied for printed materials and/or a website, immaterial of whether the loss or damage results from negligence or otherwise. The entire liability of Epic Management Services Limited to the Client in respect of any claim whatsoever or breach of this Agreement, whether or not arising out of negligence, shall be limited to the charges paid for the Services under this Agreement in respect of which the breach has arisen.

 

21. Severability

In the event any one or more of the provisions of this Agreement shall be held to be invalid, illegal, or unenforceable, the remaining provisions of this Agreement shall be unimpaired, and the Agreement shall not be void for this reason alone. Such invalid, illegal or unenforceable provision shall be replaced by a mutually acceptable valid, legal and enforceable provision, which comes closest to the intention of the parties underlying the invalid.

 

July 2017

Revised January 2019

Revised January 2020