The PUSH Terms of Business

Payment Terms –

Digital Production –

Standard Booking Deposit – 1 Month’s payment  with the first regular instalment at the next payment point.

Monthly charges for training fees and subscriptions are taken via Standing Order on the 25th day of each month

All additional consultancy or service fees and charges are invoiced and payable on invoice – approved credit allows up to 30 days payment terms

Payments can be made by Standing Order, BACS or PayPal – these must be received as cleared funds by the 1st of each month.

Other PUSH Services –

For accounts where invoiced fees exceed/are likely to exceed £1,500.00 a credit check and/or references may be required.  Any costs for supplying these will be the responsibility of the client.

Fee Caps – where requested by a client we can establish a fee cap; this sets the upper limit of fees per month, once reached we will contact you to confirm this and agree if further services/fees are authorised.

Overdue fees attract interest of 8% per month until settled in full.  Overdue account reminders are charged at standard hourly rates.  If fees are unpaid for over 90 days, we reserve the right to suspend service.

Cancellation Terms

Project Cancellation – we accept that in some rare situations, for reasons beyond the control of clients, we are not required to complete website construction projects.  We do not wish to place undue financial burden in these situations and conversely do not wish to incur design and production costs that cannot be recovered.

Where a project is cancelled in mid-production this must be made in writing – a written acknowledgement of this will be issued.  Any fees, costs or charges incurred up to this point will be invoiced for and payment is required.  Please note this can represent up to the full value of the build cost.

We aim to act as a fair trading partner and work with our clients, to everyone’s mutual satisfaction.  If you have any problems or potential issues with fees please contact us as early as possible.

Cancellation of Monthly Fees

Our price structure is designed to do two main things:

a)                   Help our clients spread the costs of establishing good marketing systems and practices, and

b)                   Ensure that we work in partnership to build a long-term relationship

We accept that in some situations you may decide not to continue working with PUSH Marketing; in such a case we ask for written confirmation of this together with your reasons why (this helps us to improve our service for others).  A written acknowledgement of this will be sent to you by return and your monthly service will be cancelled (this can be done by email).  You will then be invoiced the remaining element of the initial build cost. Once this is settled we can then assist you to re-host your website, or your site can be removed from the servers and archived.

NB. Monthly charges are applied for 30 days from date of confirmed cancellation.  This allows us to collect any fees due and confirm any arrangements required to release or migrate your site, hosting, domain, etc.

Terms & Conditions of Business – Important; please read carefully

Copyright –

As with other companies in our industry it is standard practice to retain copyright on all creative and design works until cleared payment is received in full.  Clear breach of copyright will be prosecuted by civil action. At the point of completion on a design project (including websites) the title of copyright passes to you, as our client, once all invoiced fees are settled. The PUSH retains the rights to use content produced for our own marketing purposes. If you wish to be excluded from this please confirm this in writing.

Systems and processes delivered through third-party software (WordPress) will always remain the copyright and Intellectual Property of the service providers.  These cannot be transferred from PUSH.

The PUSH accepts no liability on the copyright ownership of any content or images that are supplied by the client for the purposes of design or build – including artwork, website and other digital media.

Continual Service –

As the PUSH Websites provided are established using a WordPress platform and this is a third party application, we cannot guarantee the continual service of this application.  There are currently 70 million WordPress users (as at January 2012).  In the very unlikely event that the WordPress system is ever withdrawn, The PUSH will recommend an alternative platform and provide existing clients with priority to migrate these sites. This will be charged for at standard hourly rates.

Likewise, we operate all sites on a hosted server platform. These servers offer good reliability and security. However, we cannot guarantee 100% uptime. In the event that servers fail we will act promptly to ensure your site is live as quickly as possible. We will also review your site every month to search for potential issues or problems. If you require 100% uptime on your site we will recommend that you self-host your new website.

Disclosure –

As we work with clients at a core business level and often involve ourselves at a strategic level, we make an absolute commitment to client confidentiality.  Likewise we also ask our clients to maintain discretion about our business processes and pricing structure.

Project Cessation –

Please be aware that in the process of building and delivering your website we will require various content from you, such as text or existing artwork (your logo, etc.). As part of our Project Management System you will have a dedicated point of contact, who will liaise with you fully on these requirements.

If we request content from you and this is not supplied we are unable to progress the build and delivery of your site. We recognise that occasionally clients need assistance with this. In every case we look to help and support you in this process.

However, if we request content and this is not supplied we cannot complete the project. We will make only a limited number of requests for this content. If this is failed to be supplied as per our requests and we are unable to proceed then the project will be suspended. If we are unable to obtain the information required and cannot progress the project will be cancelled and any deposits paid will be retained (these are non-refundable).

 

 

Representation –

As with all professional digital suppliers we adopt the policy of including a small graphic of our own logo, placed discreetly, normally at the bottom of your website. This is a clickable hyper-link to our own website. This is a common policy and has been used in our industry (as well as the print industry before this), as this identifies the production source of your new website. Inclusion of this is part of the conditions of production of your site, although you are not charged for this element.

Referrals –

Part of our business model has been written to include the element of referrals; in fact the majority of our business comes from this.  We have an Advocate arrangement that all clients are invited to join.  Where a referral results in a new client sale, and this has been specifically identified as an active referral we pay a gratuity in recognition of this.  Please ask for more details on this.

VAT –

Please note that as a VAT registered Limited Company all invoices are subject to UK VAT at standard rates.

 

Please Note – all production contracts are subject to our current Terms & Conditions. These are posted on our website. From time to time we may make improvements to these, in every case you will be notified by email.

 

 

 

Contact Details –

In every case each client of The PUSH has a single point of contact.  However, as with most businesses we will ensure that if not available you will have an alternative contact to deal with your query or support you.

Your direct Point of Contact for your project will be Charlotte Ball, Project Manager for The PUSH Ltd.

You can liaise direct with Charlotte via email – charlotte@pushmarketingpartners.co.uk or on the number given below.

The PUSH is a trading style of The PUSH (UK) Limited, a company registered in England and Wales.

www.thepush-online.co.uk  Email: nial@pushmarketingpartners.co.uk  Tel: 0844 357 0230 (office hours)

 

 

 

 

Copyright – Nial Adams, The PUSH, 2012.  This document is the copyright of the author and may not be reproduced, in whole or in part, without the express written consent of the author. This documents also remains confidential and should not be disclosed to any third party without prior written consent of The PUSH (UK) Limited.