Terms & Conditions

Definitions

  • Visitor - any individual browsing the content of this website, whether for personal use or on behalf of a company.

  • Client - the individual or company purchasing the services of Pure Code Creations.

  • Pure Code Creations - the director, employees or a recognised representative of the company.

  • Contract - a contract, subject to the terms and conditions within this document, for the provision of services between the client and Pure Code Creations.

  • Services - the contents of each contract between the client and Pure Code Creations, being the work and/or services supplied by Pure Code Creations to satisfy the order requirements of the client.

  • Quotation - this is a breakdown of agreed work and/or services provided by Pure Code Creations to the client. No contract exists prior to written acceptance of the quotation, on behalf of both the client and Pure Code Creations.
  • Quotations & contracts

    Quotations raised by Pure Code Creations shall not be binding and a contract will only be created upon receipt by Pure Code Creations of a written quotation acceptance from the client.

    The contract will be subject to these conditions. All terms and conditions appearing or referred to in the order or otherwise stipulated by the clent shall have no effect. Any variation to the contract must be confirmed in writing by Pure Code Creations.

    Quotations submitted to the client by Pure Code Creations shall remain valid for a period of 30 (thirty) days from the date of issue, unless the quotation specifies a differnet period. Pure Code Creations reserves the right to revise or withdraw a quotation should the need arise.

    These conditions shall, to the extent applicable, apply to goods and products in the same way as they apply to services.

    The minimum length of any ongoing website services purchased from Pure Code Creations will be 12 months, unless otherwise agreed in writing prior to the commencement of a contract.

    General

    All clients, (individual or company), undertaking the services of Pure Code Creations shall be in agreement and bound by the conditions set out in these conditions, to the exclusion of all other terms and conditions. Any variations to these conditions shall have no effect unless agreed in writing by Pure Code Creations on an individual contract basis.

    The content of this website is the property of Pure Code Creations and is protected by copyright law. The content may not be reproduced in any format, either in full or in part without the prior written permission of Pure Code Creations.

    Pure Code Creations reserves the right at any time to:

    • add, remove, edit or redesign content on our website without prior notice.

    • monitor, suspend, revoke, or otherwise limit access to our website.

    Pure Code Creations does not warrant the accuracy or veracity of the information within our website. Pure Code Creations endeavours to ensure that all content on our website is safe. However, Pure Code Creations provides no guarantees that the website is free from errors, faults, viruses or other computer or data corrupting content. Visitors that use our website do so at their own risk.

    Whilst every effort shall be made to ensure that our website, scripts and/or programs are free of errors, Pure Code Creations cannot accept responsibility for any losses incurred due to malfunction when using our website or any part of it.

    Pure Code Creations may from time to time include descriptions of, or references to products, services or publications within our website. Pure Code Creations does not constitute or imply the endorsement or recommendation of such content. Any references on our website to any specific product, process, or service by trade name, trademark, manufacturer, or otherwise, shall not be deemed as advertising or product endorsement.

    External website links

    Our website contains links to external websites that we feel may be useful to our clients. Pure Code Creations does not endorse any linked websites nor is it responsible for their content.

    Design process

    Pure Code Creations will develop an initial website design template. Clients may request any number of revisions to the initial website design template providing they give clear and concise feedback to reach a final website design within a reasonable time frame. Once the website build starts, the client has accepted the design and the website design is considered approved. Any further template design changes are then classed as post approval alterations.

    All liabilities for errors, changes, or alterations become the responsibility of the client, once a website design has been approved.

    The client agrees to make available as soon as is reasonably possible to Pure Code Creations all materials required to complete a website design project.

    Pure Code Creations may need to communicate with the client at any time during the design stages of a project and will make resonable attempts to contact the client. If Pure Code Creations are unable to gain a response from the client for a sustained period of 30 (thirty) working days then Pure Code Creations reserve the right to terminate the project. Refunds will not be issued upon termination and Pure Code Creations reserve the right to request full payment for the project if deemed appropriate.

    The client unconditionally guarantees that any element of text, graphics or other artwork furnished to Pure Code Creations for inclusion in the website design project are owned by the client, or that the client has permission from the rightful owner to use each of these elements, and will hold harmless, protect and defend Pure Code Creations and it's representatives from any claim or suit arising from the use of such elements furnished by the client.

    All creation files remain the intellectual property of Pure Code Cretions on completion of a website design project.

    Pure Code Creations shall be free to reproduce, use, disclose, display, exhibit, transmit, perform, create derivatives works, and distribute any item from the clients website design unless specifically agreed to do otherwise. Further, Pure Code Creations shall be free to use any ideas, concepts, know how or techniques acquired in the construction of a website design project for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products and any other items incorporating such information unless specifically agreed otherwise.

    On occassion Pure Code Creations may at its own discretion provide additions to the website design free of charge. Where no charge is made by Pure Code Creations for such additions, Pure Code Creations accept no responsibility to ensure such additions are error free and reserve the right to charge an according amount for any correction to these or further additions.

    On completion of the contracted project and when full payment is made, the ownership and copyright of the final website is automatically transferred to the client. The client will own the website in full, but does not have the right to sell copies of the website or to copy the code for any other projects.

    Post approval alterations

    Post-approval alterations can be made wherever necessary and the client will be charged at a rate of £30 per hour. Post-approval alterations are subject to a minimum charge of 1 hour. The client will be invoiced for post-approval alterations on completion. If the alterations are deemed as a major design revision, then a quotation shall be raised and must be accepted by the client prior to commencement of any alterations.

    Intellectual Property

    Pure Code Creations always does its best to ensure that our designs are original and do not infringe upon any existing trademarked design. Should this unlikely event occur then the limit of our liability is the price of the package, i.e. the client will be offered a full refund. Unapproved website designs shall remain the property and copyright of Pure Code Creations and may not be used or reproduced without permission.

    The client will not hold Pure Code Creations responsible for any infringement of copyright relating to text contained within designs. It is the responsibility of the client to ensure that no copyright infringement will occur in the use of their company name. Refunds will not be made in cases of such copyright infringement.

    Pure Code Creations cannot take responsibility for any copyright infringements caused by any materials submitted by the client. We reserve the right to refuse any material of a copyrighted nature unless adequate proof is given of permission to use such material. Materials may include, but not limited to photos, videos, audio, images or textual content.

    Images purchased by Pure Code Creations on behalf of the client are strictly for use on the designed website only. All images will be purchased from repuitable sources and shall be licensed in accordance with the terms and conditions of the retailer. Pure Code Creations cannot accept responsibility for any copyright infringements caused by incorrect licensing from image suppliers. Nor will Pure Code Creations be liable for misuse of these images by the client or any other person(s) copying, altering or distributing the images to individuals or other organisations.

    Pure Code Creations reserves the right to reproduce any of its artwork, including approved websites, for promotional purposes.

    Warranty and limit of responsibility

    Pure Code Creations acknowledges and agrees that it shall perform the services it offers:

    • with reasonable skill and care

    • in accordance with good industry practice.

    All current and future warranties shall immediately cease wherever a client has requested from Pure Code Creations anything that results in passing the control of a website from Pure Code Creations to the client. This action results in Pure Code Creations losing control of the website and changes could be made by the client or their agents. Loss of control by Pure Code Creations can take place if FTP codes and or source codes have been passed to the client. Loss of control can occur in other situations such as where the client has requested placing the website onto a sever of their choice and not a server owned by Pure Code Creations or its agents. Under any of these circumstance(s) which results in loss of control by Pure Code Creations then there shall be absolutely no future warranty and this also revokes all undertakings of past warranties.

    The client acknowledges and agrees that Pure Code Creations shall have no liability to the client in respect of the positioning of the client's website.

    Pure Code Creations shall not under any circumstances be liable to the client for any indirect or consequential losses or any loss of profits purported to have been suffered by the client.

    Pure Code Creations shall not be liable for any failure in the performance of any of its obligations under the agreement caused by factors outside of its control.

    Unless otherwise explicitly agreed and stated in writing, the responsibility of Pure Code Creations is limited to designing the website on behalf of a client. Pure Code Creations responsibility does not extend to updates, use, altering, maintenance, troubleshooting etc, once ownership has been passed to the client. Pure Code Creations has no obligation to perform any of these tasks and reserves the right to request additional payment should an agreement to undertake such tasks be made.

    Pure Code Creations will not be liable for costs incurred, compensation or loss of earnings due to the failure to meet agreed deadlines.

    Pure Code Creations will not be liable for any costs incurred, compensation or loss of earnings due to the unavailability of the site, its servers, software or any material provided by its agents.

    Pure Code Creations cannot take responsibility for any losses incurred by the use of any software created for the client. Whilst every care has been taken to ensure products are problem free and accurate, the ultimate responsibility lies with the client in ensuring that all software is functioning correctly before use.

    Pure Code Creations cannot be held responsible for problems or additional costs arising due to any errors made by third parties, or failure by the client to maintain a current copy of their own website and associated data, such as, but not limited to databases.

    Pure Code Creations will not be liable in any circumstances for the consequences of any delay in delivery or performance or failure to deliver or perform.

    Delivery and completion

    Pure Code Creations will provide the client with an expected project completion date if requested. Pure Code Creations will use its reasonable endeavours to meet any given deadline, but does guarantee and are not bound in any way to complete the project by this date. Pure Code Creations will not be liable for costs incurred, compensation or loss of earnings due to the failure to meet agreed deadlines.

    The dates for carrying out the services and delivery of any resultant website are approximate only and, unless otherwise expressly stated, time is not of the essence for delivery or performance.

    Pure Code Creations will not be liable in any circumstances for the consequences of any delay in delivery or performance or failure to deliver or perform save where the same is as a result of the negligence of Pure Code Creations.

    Responsibility for testing and approval of a completed project

    The client acknowledges and agrees that Pure Code Creations shall produce the website based on information provided to it by the client.

    Notwithstanding the last clause, it shall be the responsibility of the client and not Pure Code Creations to review and approve the content of the website, including, without limitation, the spelling of names and addresses and the accuracy of telephone numbers.

    Pure Code Creations shall have no liability to the client for any inaccuracies in the website if and to the extent that the client has failed to review and/or approve the website.

    Prices

    Where services are sold by reference to Pure Code Creations published price list or tariff structure, the price payable for such services shall be the ruling price as published in the price list or tariff structure current at the date of purchase.

    Pure Code Creations may vary the price for the services it provides for contracted projects. Any variation to the prices will be that stated in the relevant quotation.

    Pure Code Creations shall, if applicable, add to the price of the services, and the client shall pay, an amount equal to any VAT or other sales tax or duty applicable to sales or supply of such Services.

    Any price changes will take effect from the 1st day of the month and clients will be notified in writing 5 (five) working days before any price change takes effect.

    Deposit

    Pure Code Creations process transactions using PayPal and do not store credit card details on its own systems.

    Pure Code Creations charge a 25% deposit before commencement of any work for website projects. This is a non refundable charge.

    The client shall not be required to pay a deposit in respect of domain name registration or web hosting services.

    Payment

    Pure Code Creations process transactions using PayPal and do not store credit card details on its own systems.

    For websites, a 25% non refundable deposit is required before commencement of any work. Pure Code Creations shall invoice the client for all services, less any deposit, immediately on completion of the project.

    If for any reason there has been no progress or information forthcoming from the client with regards to the website for a period of 30 (thirty) working days, Pure Code Creations reserves the right to close the project and invoice the client for the work in full.

    Unless otherwise agreed in writing by Pure Code Creations, invoices shall be payable by the client immediately upon completion of the relevant website to which the invoice relates. The completed website shall not be made live on the clients selected domain until the balance of account is paid in full.

    The client shall make all payments due to Pure Code Creations by bankers draft, cash or by telegraphic or electronic transfer direct to Pure Code Creations bank account. In all cases, payments must be made in pounds sterling.

    If the client fails to pay any amount due to Pure Code Creations under this agreement on the relevant due date, default interest at the rate specified by the Late Payment of Commercial Debts (Interest) Act 1998 may be added to such amount for the period from the day after the due date until the date of receipt, whether before or after judgment, together with any reasonable and proper amounts incurred by Pure Code Creations in seeking to recover such late payment from the client, including, without limitation, legal fees.

    Refunds

    Pure Code Creations reserve the right to decide whether a refund is applicable if requested by the client for any reason. A refund is not guaranteed.

    Credit checks

    Pure Code Creations reserves the right to check the credit details of any person or company using Pure Code Creations services. Credit information found may result in clients being asked to pay a larger deposit, or the whole amount before commencing work.

    Website optimisation (SEO)

    Pure Code Creations does not offer contracted search engine optimisation services at this time. However, our website designs employ basic techniques and practices, such as, but not limited to meta tags, to aid the indexing of a clients website.

    Website services

    Pure Code Creations provide domain name registration, website hosting and mailbox services through Justhost. The registration of a domain name, hosting of a website or registering of mailboxes on behalf of the client is subject to the terms and conditions of Justhost on their website.

    Domain names will be registered by Pure Code Creations on behalf of the client, using details provided by the client. Pure Code Creations will accept no liability for an incorrect registration, which has arisen from incorrect details being provided by the client. The client is the legal owner of the domain following registration.

    A client may request to have domain details changed or the domain transferred elsewhere. All costs involved in detail changes or domain transfers shall be met by the client. A domain will only be transferred if the fee has been paid, as well as any other outstanding balance owed to Pure Code Creations.

    Pure Code Creations will make reasonable effort to contact the client regarding domain renewal. However, it is the responsibility of the client to renew their domain names when due. The client may request that domain name renewals are performed by Pure Code Creations on their behalf. Pure Code Creations will not undertake a requestd domain name renewal until the client has paid all relevant fees to Pure Code Creations in full.

    If a domain name has been purchased by the client through a company other than Pure Code Creations, the client has full responsibility in making sure that the domain name is renewed when due. Pure Code Creations will accept no liability for any financial loss resulting from a third party domain not being renewed.

    When a client renews their hosting package with Pure Code Creations, this also includes domain renewal if the renewal is needed to keep the site functioning and was purchased as part of the hosting package. If the client does not renew the hosting, their domain name will not be renewed and the domain name could be made available to the public for purchase. Pure Code Creations will accept no liability for this.

    The client must pay any hosting renewal fees prior to the hosting expiry date. Pure Code Creations reserve the right to deactivate any website where the hosting has expired and the client has not paid the renewal fees. Pure Code Creations will charge an admin fee, in addition to the relevant renewal fees for reactivating a website and/or hosting.

    Hosting package renewals are due on a yearly basis, unless otherwise agreed in writing by Pure Code Creations. The date of renewal will be annually from the date the package was ordered by the client. Hosting packages will not be renewed if Pure Code Creations is unable to contact the client or the client requests for the hosting package to be withdrawn.

    Pure Code Creations will accept no liability for any financial loss resulting from a domain not being renewed.

    Pure Code Creations will accept no liability for any financial loss resulting from unavailabilty, malfunction or interruption of a domain.

    Pure Code Creations will accept no liability for any financial loss arising from any registered mailbox not being available.

    Ecommerce website services

    Pure Code Creations supply Ecommerce services via OSCommerce and the client is subject to the terms and conditions of this business on their own website.

    Pure Code Creations will accept no liability for any financial loss resulting from the use of any Ecommerce website.

    Termination

    Pure Code Creations may at its discretion suspend or terminate the supply of any goods and services if the client fails to make any payment when it is due or otherwise defaults in any of its obligations under the contract or any other agreement with Pure Code Creations.

    Pure Code Creations may also terminate the supply of any goods or services if the client becomes insolvent, has an administrative receiver appointed of its business or is compulsorily or voluntarily wound up or Pure Code Creations believes that any of those events may occur and in any case of termination may forfeit any monies paid.

    Pure Code Creations may by written notice terminate the agreement immediately and without liability for compensation or damages except as mentioned in this agreement if the client fails to make payment as specified above.

    Third party claims

    The client shall indemnify Pure Code Creations and keep Pure Code Creations indemnified from and against any and all actions, costs (including, without limitation, the cost of defending any legal proceedings), claims, proceedings, accounts and damages in respect of any infringement or alleged infringement by a third party of any patent, registered design, unregistered design, design right, copyright, trade mark or other industrial or intellectual property rights resulting from compliance by Pure Code Creations with the client's instructions, whether express or implied.

    Assignment and sub-contracting

    None of the rights or obligations of the client under the contract may be assigned or transferred in whole or in part without the prior written consent of Pure Code Creations.

    Designed websites shall be for the sole use of the client and shall not be capable of assignment to a third party by the client.

    Pure Code Creations shall be entitled to sub-contract any work relating to the contract without obtaining the consent of, or giving notice to, the client.