Terms & Conditions
Web XL is a trading name of GOBO Creative Ltd, Company No. 08223406.
All Terms and Conditions outlined apply in full to all website design and development, graphic design and photography services provided by GOBO Creative Ltd to the Client.
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.
GOBO Creative Ltd reserves the right to alter these Terms and Conditions at any time without prior notice.
The latest terms and conditions can be found at the Web XL website www.web-xl.co.uk via a link displayed in the Footer.
The following terms and conditions document is a legal agreement between “GOBO Creative Ltd”, and the “Client”.
It is not necessary for The Client to have signed an acceptance of these terms and conditions for them to apply. If a Client accepts a quote or makes any form of payment to GOBO Creative Ltd, then The Client will be deemed to have satisfied themselves to the terms applying and have accepted these terms and conditions in full.
Once a Direct Debit mandate has been accepted via GoCardless The Client agrees to provide all required information and content required by GOBO Creative Ltd in good time to enable the work to begin as part of an agreed project.
GOBO Creative Ltd reserves the right to decline building any website if it is deemed the content is inappropriate, the client may be unable to pay the hosting fee, or after the initial conversation it is felt that we are unable to work with the client.
The Client has no ownership of the website at anytime. Ownership remains with GOBO Creative whilst that the website is live and The Client effectively rents the website by paying the monthly hosting fee. The website will under no circumstances be transferred to a third party or another hosting service. We will not give any website files to The Client. Should The Client wish to terminate their website they can do this at anytime by letting GOBO Creative know who will then cancel the Direct Debit and delete the website from the servers.
2. Charges & Payment
GOBO Creative Ltd will build a single page responsive website using the information provided by The Client free of charge using our pre-coded template. Charges are applied for our hosting service and are paid on a monthly basis to GOBO Creative Ltd via GoCardless.
Any additional work requested by the Client that is not specified in the agreed hosting packages is subject to an additional quotation by GOBO Creative Ltd.
A Direct Debit mandate must be accepted by The Client via GoCardless before any work is carried out. Once the mandate has been set up, payments will begin from the 1st of each month regardless if the website is finished and live.
Payment for additional services are invoiced along with the monthly hosting fee and is automatically paid via GoCardless.
3. Client Review
GOBO Creative Ltd will provide the Client with an opportunity to review the appearance and content of the website once the overall website development is completed. At the completion of the project, such materials will be deemed to be accepted and approved unless the Client notifies GOBO Creative Ltd otherwise within ten (10) days of the date the materials are made available to the Client.
4. Website Content
If The Client supplies material to GOBO Creative Ltd, it is the responsibility of The Client to obtain all necessary copyrights for its use and GOBO Creative Ltd will assume this has been done.
Should The Client supply material to GOBO Creative Ltd believing it to be not subject to copyright and royalty free, which subsequently emerges to have copyright and royalty limitations, the Client agrees to permit GOBO Creative Ltd to remove and/or replace the file at the Client’s expense to be invoiced on an hourly rate basis. In this situation, the client indemnifies GOBO Creative Ltd from any claim which arises regarding the use of material supplied to GOBO Creative Ltd.
PLEASE 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. Images should be sent on disc or via email as .jpegs .png or .pdf
5. Web Browsers
GOBO Creative Ltd will make 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, Safari, Google Chrome, etc.). The Client agrees that GOBO Creative Ltd cannot guarantee correct functionality with all browser software across different operating Creative or viewing devices.
GOBO Creative Ltd cannot accept responsibility for web pages that do not display acceptably in new versions of browsers released after the website have been designed. As such, GOBO Creative Ltd 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.
6. Late and Unpaid Accounts
Hosting charges are collected via GoCardless on a monthly basis, which is agreed to by The Client by setting up a Direct Debit mandate for GOBO Creative Ltd to collect payments directly.
Invoices are generated by the accounting software package Xero and sent via email to The Client for their own records.
Accounts unpaid seven (7) days after the date of invoice will be considered in default. Once in default GOBO Creative Ltd will close the website displaying a “closed for maintenance” holding page. Accounts unpaid fourteen (14) days after the date of invoice, GOBO Creative Ltd will remove all material from its server. GOBO Creative Ltd is not responsible for all loss of data incurred after the removal of the material.
Removal of such material is final and cannot be undone or replaced. This does however not relieve the Client of the obligation to pay any outstanding charges pending to the Client’s account.
Cheques returned for insufficient funds will be assessed a return charge of £35 and the Client’s account will immediately be considered to be in default until full payment is received. Clients with accounts in default agree to pay GOBO Creative Ltd reasonable expenses, including legal fees and costs for collection by third-party agencies, incurred by GOBO Creative Ltd in enforcing these Terms and Conditions.
The Client is under no contract with GOBO Creative Ltd. Hosting charges are paid monthly and the Client reserves the right to terminate their website at anytime. The Client can cancel their direct debit or standing order and the website will be terminated and deleted from our system.
It is not possible for the Client to move their Web XL website to another hosting provider. They must re-build their website using a platform of the Clients choice. Under no circumstances will the website built by GOBO Creative ltd be transferred to a third party hosting service or server. The Client can notify GOBO Creative Ltd of termination at any time and GOBO Creative Ltd will leave open the website for a period of thirty (30) days or up to the date of the next hosting invoice, for the Client to copy text and images from the website before removal from the GOBO Creative Ltd server. After removal, all data is permanently lost and cannot be retrieved.
All of GOBO Creative Ltd services may be used for lawful purposes only. You agree to indemnify and hold GOBO Creative Ltd harmless from any claims resulting from the use of our service that damages you or any other party.
GOBO Creative Ltd owns the copyright to the templated design created to build the website.
The Client retains the copyright to text, image files and graphic design including logos provided by the Client and those developed by GOBO Creative Ltd, and grants GOBO Creative Ltd the rights to publish and use such materials in order to build the Clients website.
The Client must obtain full permission and rights to use any of the information or files that are copyrighted by a third party.
The Client is further responsible for granting GOBO Creative Ltd permission and rights for use of the same and agrees to indemnify and hold GOBO Creative Ltd harmless from any and all claims resulting from the Client’s negligence or inability to obtain proper copyright permissions.
An acceptance of quotation for website design, graphic design and photography and/or placement shall be regarded as a guarantee by the Client to GOBO Creative Ltd that all such permissions and authorities have been obtained. Evidence of permissions and authorities may be requested at anytime.
Coding and additional work created via the GOBO Creative LTD CMS System for the project shall not pass to the Client but shall remain the property of GOBO Creative LTD and used on licence paid for by the Client via monthly hosting, unless negotiated and agreed to in writing.
GOBO Creative Ltd retains the copyright of the template on which the website is built. This website is maintained on the GOBO Creative Ltd server and cannot be transferred to another third party server under any circumstances.
The Client and GOBO Creative Ltd agree to abide by the terms of any third party software or media included within any work done for the Client. Examples of this include, but are not limited to, Google maps, Open Layer Maps, Media under the Creative Commons license, RSS feeds, Open Source GPL Software etc.
GOBO Creative Ltd reserve the right to use The Clients website as an example for the purposes of promoting their services.
10. Design Credit
A link to www.web-xl.co.uk will appear in either small type or by a small graphic at the bottom of the Client’s website. If a graphic is used, it will be designed to fit in with the overall site design. If a client requests that the design credit be removed, a fixed fee of £250 will be applied. The Client also agrees that the website developed for the Client may be presented in GOBO Creative Ltd’s online portfolio and printed materials via Web XL.
11. Hosting and Servers
Our websites are built with WordPress and hosted with Siteground. The Client is under no contract with GOBO Creative Ltd, when monthly hosting payments are due an invoice is be sent and is paid automatically via GoCardless. The Client may stop their Direct Debit to GOBO Creative Ltd at any time and on cancellation we will remove the website from our server.
The Client will not be given access to the WordPress admin of the website at anytime to make their own changes or updates. Changes to the website are made according to the Hosting Plan and are emailed directly to Web XL to action the updates. See Section 15. Website Updates for more information.
The Client may terminate a Direct Debit at anytime, and the website will be deleted from our server.
12. Domain Names
GOBO Creative Ltd will not purchase domain names on behalf of the Client. Payment and renewal of those domain names is the sole responsibility of the Client. The loss, cancellation or otherwise of the domain brought about by non or late payment is not the responsibility of GOBO Creative Ltd. The Client should keep a record of the due dates for payment to ensure that payment is received in good time.
GOBO Creative Ltd will require the log in details to your domain name provider in order to make updates to DNS records pertaining to the website.
The Client agrees that information submitted for registration of domain names is then available to the general public via the Nominet Whois system. However, Clients who are using their website for non-trading purposes may ask the third party registrar for their contact information not to be included in the Nominet Whois system.
GOBO Creative Ltd hereby excludes itself, its Employees, Suppliers and or Agents from all and any liability from:
- Loss or damage caused by any inaccuracy;
- Loss or damage caused by omission;
- Loss or damage caused by delay or error, whether the result of negligence or other cause in the production of the web site;
- Loss or damage to clients’ artwork/photos, supplied for the site. Immaterial whether the loss or damage results from negligence or otherwise.
The entire liability of GOBO Creative Ltd 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.
The Client agrees that GOBO Creative Ltd is not liable for any failure to carry out services for reasons beyond its control, including but not limited to acts of God, telecommunication problems, software failure, hardware failure, third party interference, bankruptcy, Closer or business, Government, emergency on a major scale or any social disturbance of extreme nature such as industrial strike, riot, terrorism and war or any act or omission of any third party services.
Should GOBO Creative Ltd suffer a server failure, bankruptcy or cease trading, GOBO Creative Ltd is not liable for any consequences or financial losses such as, but not limited to, loss of business, profit, revenue, contract, data or potential savings, relating to the services provided.
GOBO Creative Ltd reserves the right to refuse to handle:
- Any media that is unlawful or inappropriate.
- Any media that contains a virus or hostile program.
- Any media that constitutes harassment, racism, violence, obscenity, harmful intent or spamming.
- Any media that constitutes a criminal offence, or infringes privacy or copyright.
15. Website Updates
Each hosting plan includes a number of changes to the Client’s website. These are as follows:
Basic: 1 x text or image change per calendar month
Standard: 2 x text or image changes per calendar month
Plus: 3 x text or image changes per calendar month
We ask that required changes are emailed to us, and we will make the requested updates for you as soon as we can.
Changes are per calendar month and can not be rolled over if not used.
Text change – This includes an alteration e.g. changing existing wording, to 1 section of text within the same area of up to 3 paragraphs.
Image change – This includes replacing a single image with another or altering an existing image. This can also include any design change, including text or background colour change, adding or removing items, widget or code addition etc…
A text or Image change does not include additions to a website, for example adding graphics, images, text areas. reveal boxes, slideshows. This is charged at £20 per addition.
Additional changes above the hosting plan quota are charged at £20 per change and costs are added to the next monthly hosting invoice.
These terms and conditions supersede all previous representations, understandings or agreements. The Client’s payment of an advance fee or a Direct Debit supplied by GOBO Creative Ltd constitutes agreement to and acceptance of all these terms and conditions. Payment online, via Bank Transfer, Cash or Cheque is a full acceptance of our terms and conditions.
This agreement shall be governed by the laws of England and Wales which shall claim venue and jurisdiction for any legal motion or claim arising from this agreement. This agreement is void where prohibited by law.
By accepting a quotation, setting up the Direct Debit or making payment of an invoice to use the services supplied, the Client acknowledges to have read, understand, and accept the terms and conditions of this agreement, and agrees to be legally binding by these terms and conditions.
These Terms and Conditions do not affect your statutory rights as a consumer.