Fhoke: “Fhoke Limited”, “Fhoke”, “we”, “us”, and “our” means Fhoke Limited, 7 The Beeches, Dean Hill Park, West Dean, Salisbury, SP5 1EZ.
The Client: “Customer”, “you”, and “your” means you, the company or the individual requesting the services of Fhoke.
Working Hours: Means Monday to Friday, 8 am to 4 pm, excluding English bank holidays.
Whilst every endeavour will be made to ensure that the website and any scripts or programs are free of errors, Fhoke cannot accept responsibility for any losses incurred due to a malfunction caused by unforeseen circumstances.
The website, graphics and any programming code remain the property of Fhoke until all outstanding accounts are paid in full.
Fhoke cannot take responsibility for any copyright infringements caused by 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.
Any additions to briefs provided will be carried out at the discretion of Fhoke. We reserve the right to charge an according amount for work carried out that is not outlined in the Order. Any chargeable work will be discussed with the Client and not undertaken until the initial payment has been made.
The Client agrees to make available as soon as is reasonably possible to Fhoke all materials required to complete the site to the agreed standard and within the set deadline.
Fhoke will not be liable for costs incurred, compensation or loss of earnings due to the failure to meet agreed deadlines.
Fhoke will not be liable or become involved in any disputes between the site owner and their clients and cannot be held responsible for any wrongdoing on the part of a site owner. E.g. Any disputes regarding content/images that have been provided to us for inclusion on the site.
Once a website has been designed and completed the final balance of payment is then due in accordance with our payment terms. There are no exceptions to this, i.e. If the Client decides they no longer want the site, as they have commissioned the work and paid a deposit, they are still obliged to pay for the work that has been done. Non-payment will result in legal action being taken if necessary. Once full payment is received for a website, it is assumed that the project has been completed to the Clients satisfaction and no refunds can be offered.
Fhoke has a separate service level agreement for website hosting that describes the standard level of service that all website hosting customers can expect from Fhoke Limited. It attempts to quantify the service levels that all hosting customers can expect and the remedies we offer if we fail to provide service at those levels.
Our service level agreement runs in conjunction with these terms and conditions.
Fhoke 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.
Where applications or sites are developed on servers not recommended by Fhoke, the client is expected to provide or seek any information, additional software, support or co-operation pertaining to the server required in order for the application to be correctly developed.
The Client is expected to test fully any application or programming relating to a site developed by Fhoke before being made generally available for use. Where bugs, errors or other issues are found after the site is live, Fhoke will endeavour (but is not obliged to) to correct these issues to meet the standards of function outlined in the brief.
Due to external factors, such as changes to the way search engines rank websites, we cannot offer any guarantees regarding the position we will achieve for websites. The process of optimising websites itself will bring in more traffic and hits and you’ll see visits increase to your site naturally. We cannot accept liability for any change in rankings or drop off in the position of your website due to changes in the algorithms of the search engines or the factors that they use to rank websites.
Fhoke reserve the right to refuse to handle in any way, material which may be deemed offensive, illegal or in any way controversial.
Our code is compliant and will render in all modern browsers. Not all browsers work well with modern code so we do exclude old browsers from our testing. The latest versions of popular browsers are supported but previous versions are not. Although the site will still work in older browsers we do not offer full testing and support for these or user-based zoom settings, unless it is requested. If it is essential we will charge an additional fee for this.
Fhoke cannot take responsibility for any copyright infringements caused by 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.
The customer is fully responsible for final proof and layout approval prior to the printing process.
Fhoke is not liable for errors in a final product caused by any of the following reasons: Misspelling, Graphics, Grammar, Punctuation, Wrong cuts, Incorrect or Missing Folds, Finished Product Size.
Websites
An upfront payment of 35% of the total fee is due once the Client has returned a signed order.
The second payment of 35% is due once all graphical assets have been approved and signed off. These may include Wireframes, Designs to Page Templates and any Brand Assets, prior to the build.
A further 20% is required on completion of the build phase and before you, the Client will have access to UAT (user acceptance testing). The work will be displayed on a test location located with Us.
The client has a 30 day period to provide any bugs/fixes as well as entering any content the website needs. After this period has expired the final invoice stage of 10% becomes due and should be paid in full unless the website is ready for launch before that date, at which point the final 10% will be due.
Print work
An upfront payment of 50% of the total fee is due once the Client has returned a signed order.
The remaining 50% becomes due and should be paid in full before the files are released.
Whilst any payment due under the agreement remains outstanding, Fhoke shall be entitled at its sole and absolute discretion to withhold provision of any goods or services it would otherwise be obliged to provide under the agreement.
Once a deposit is paid and work completed you are obliged to pay the balance of payment in full. Only once payment has been made in full can any work be released or websites set live. We will contact clients via email and telephone to remind them of such payments if they are not received when due.
Additional charges including but not limited to: stock photography; electronic commerce software; online transaction processing solutions; domain name registration; web space; Internet connection provided by third parties are non-refundable.
All payments by cheque, bankers draft or money order must be made in pounds sterling.
If you use a Google Map on your website, we will happily run the Google Map API key under our account while you host with us.
Our account allows us to serve 28,500 map loads per month for no charge. This allowance is shared across around 100 of our clients.
If this limit is exceeded and we are charged for that due to your site’s impact on our plan, we will bill you for the amount due, which will be due within 3-days of invoicing.
We reserve the right to remove Google Maps from your website if you do not pay.
We advise you to set up your own Google Maps Platform plan if you expect a large volume of map views to save any unexpected bills from Fhoke.
Once all amounts due to us from you are paid and cleared you are assigned the rights to use, as applicable, the products and services, including, the web site which includes the theme, text, graphics, animation, and digital components contained within the finished web site, in accordance with these terms and conditions.
No such rights as described above will pass until all amounts due to us from you are paid.
The rights to photographs, graphics and any third party items such as source code and plugins, always remain the property of their respective owners.
In the case of our proposal system once all amounts due to us from you are paid and cleared you are assigned the rights to use the system as it is intended, but you are not assigned the rights to re-sell, modify or re-distribute the system in any way.
Our bespoke WordPress themes are built on a framework we have created called Slate. This is a framework we own the rights to, you are not assigned the rights to re-sell, modify or re-distribute the framework in any way. We create a modified copy of this framework to run your theme which you own the rights to once all amounts due to us from you are paid.
Any web page; design or entire site designed by Fhoke carries a copyright, and cannot be reproduced without written consent. The placing of an Order by the Client or another person/Agency on behalf of the Client constitutes a guarantee that all necessary authority and permissions have been obtained in respect of the artwork, design and photographs, for use in the advertisement. The Advertiser/customer must indemnify Fhoke in respect of all actions; proceedings; costs demands and claims arising from any such breach.
On completion of work, the deliverables will be sent to the client by email for approval. Upon written approval by the client, the deliverables will be supplied by the most convenient means. Where the client’s site is being hosted by a third party, Fhoke reserve the right to delay uploading of deliverables until full payment has been received.
In the event that the client is not satisfied with the design of their site, Fhoke will endeavour to meet the clients brief and expectations through collaboration between the client and themselves with no additional charge.
Cancellations must be made in writing (either by email or post) to your account manager before the initial project payment has been made. Once the initial payment has been made it is deemed as non-refundable due to time spent on the project by Fhoke.
The signing of an Order or the Initial Deposit will confirm acceptance of the aforementioned conditions.
These conditions and all other express terms of the contract shall be governed and construed in accordance with the laws of England.
We do not share or sell any of your details with third-party companies, without your express permission and we will only email you or contact you about work-related matters.
Informal complaints procedure
Anyone who experiences a problem with their web service provided by Fhoke should raise the matter directly using our online contact form to do so, giving sufficient information to locate the material (such as an URL) and clearly outlining the grounds for complaint.
Fhoke will take reasonable steps to approach the individual responsible for the material in question with a view to resolving the matter to the satisfaction of the complainant.
Formal complaints procedure
The formal complaints procedure should only be used where the Client feels that the nature of the complaint is too serious to be dealt with informally, or where a satisfactory conclusion has not been reached after following the informal procedure.
A formal complaint should be made in writing to Fhoke, who will acknowledge receipt and ensure that the matter is looked into as soon as possible.
An initial response to any complaint can be expected within seven days of its receipt; a full and considered response to the complaint should be completed within 30 days and any subsequent remedy implemented with the minimum of delay.