The contract between Fresher Designs and the Client is set out in the details below, to the exclusion of all other terms and conditions. Any variations to these conditions shall have no effect unless agreed in writing. We aim to offer a fair outline of what is provided by fresher Designs and what is expected of the client to ensure a productive working relationship.
The works to be carried out shall be previewed online before being available for public viewing. The client is expected to email Fresher Designs when the site is ready and agreed for public viewing and an agreed launch date will be designated.
Email will be the primary method of contact with regard to all communication. Please inform us of any change in email address so we always have up to date email contact details. Emails act as a record of instructions and responses with Fresher Designs and the Client, we can not be held liable in any way relating to communication issues if we are not supplied a valid email address. Fresher Designs will acknowledge all emails within 3 working days.
Fresher Designs will only commence work on a Project after receipt of a non refundable, 50% deposit of the quoted Project fee from the Client. Fresher Designs will also require the final 50% payment upon overall approval of the home page design. The website will be switched to Live Mode once the Client's remaining balance is paid in full.
The deposit paid to Fresher Designs covers the cost of design work carried out as well as any admin work and communication with Fresher Designs. The deposit is non refundable.
Fresher Designs shall expect the Client to carry out sufficient research before proceeding with a website. This will include checking that the website/idea/business will operate legally. It is important that the website is not in any way illegal. Fresher Designs reserves the right to suspend any website account if found to be trading illegally
It is important for the Client to keep in contact with Fresher Designs throughout the entire Project. If a Client does not make contact for 1 week we will make up to 5 attempts to contact the client by email using the email address specified when the client went ahead. If we do not receive a response to these attempts of contact the Project may be terminated, and the deposit will not be refunded.
The Client is responsible for testing all interactive elements of the website to ensure the correct procedures and actions are present. For example, navigation links, footer links and contact form email alerts.
Where images used on the website have been purchased by Fresher Designs on behalf of the Client, these images are strictly for use on the website only. Fresher Designs are not 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.
Images and graphics created by Fresher Designs, remain the property of Fresher Designs and can be used with the permission of Fresher Designs, whilst in a working partnership with Fresher Designs. No images can be transferred to other websites if not hosted by Fresher Designs without prior agreement.
Fresher Designs will host the website if the Client requires us to do so and on receipt of full payment of our Hosting fees. In doing so, Fresher Designs will endeavour to provide a reliable and professional service to the Client at all times but do not guarantee that the website Hosting will be available at all times, especially in the event of a technical failure beyond our control.
All hosting offered by Fresher Designs is limited to 200mb of website space unless otherwise stated in a seperate contract. If your site requires more than 200mb of space we will advise of other hosting solutions and then cease hosting the site.
Fresher Designs cannot be held responsible for anything adversely affecting the Client's business operation, sales, or profitability that might be claimed is a result of a service offered by Fresher Designs.
Where asked to provide search engine optimisation for a Client, Fresher Designs do not guarantee any specific placement or high ranking on search engines.
Fresher Designs will provide the Client with an expected completion date for the Project (live on the internet) if requested. Fresher Designs will endeavour to meet any given deadline, but do not guarantee and are not bound in any way to complete the Project by this date. The expected completion date provided by any employee of Fresher Designs is purely an estimate.
Fresher Designs will endeavour to make changes to a website with 24 - 48 hours where possible. If a client knows of changes needed to be activated within a specific time frame, we can schedule amendments to coincide with an agreed timetable
It is the Client’s responsibility to check with Fresher Designs whether Open Source Software is being used or not.
The Client shall not be charged for Open Source Software. If there is a charge for a website using Open Source Software, the Client is paying for the installation time. Open Source Software is not owned by Fresher Designs or the Client.
Fresher Designs own all design and code of the website and if the client wishes to change website provider / hosting the website may not be transferred. Images will have been purchased by Fresher Designs for the Client, unless the images have been supplied by the Client. Images purchased by Fresher Designs are licensed only for use with the client.
All images displayed on the Client's website will only be used after authorisation by the Client, and are the sole responsibility of the Client regarding usage and copyright. Should any legal issues or claims arise from the content or copyright of any images supplied by the Client or Fresher Designs, they will be the sole responsibility of the Client.
Domain names will be registered by Fresher Designs and also registered to the Fresher Designs Post Office Box address. The client may make a request to Fresher Designs, transfer the domain and have details changed or the domain transferred elsewhere, Fresher Designs will do this within a reasonable time frame and costs will billed to the client before the transfer is made.
Domain Names Owned by Clients
It is the responsibility of the Client to renew their domain names when due if not registered by Fresher Designs. If a domain name expires, Fresher Designs can not be held liable for this. However, Fresher Designs will make reasonable effort to contact the Client regarding domain renewal. If Fresher Designs has agreed to continually renew a domain name the client will be billed 4 - 6 weeks prior to the date. If the client does not make a payment in time for the renewal Fresher Designs reserves the right not to renew the web domain or suspend the website hosting - this will result interruption of service.
If a Domain name is purchased by the Client through a company other than Fresher Designs, the Client has full responsibility in making sure that the domain name is renewed when due. Fresher Designs will not renew the Domain name when annual Hosting renewal is due if the Domain name is purchased through a company other than Fresher Designs.
When a Client renews Hosting with Fresher Designs, 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 could be made available to the public for purchase and Fresher Designs can not be held liable for this.
Renewal of Hosting is due on a yearly basis, even though it may be seen to be useful for multiple years to be purchased to aid SEO ranking, Fresher Designs will cover the cost of initial fee and bill annually where possible. The date of renewal will be annually from the date the website was made live. The Hosting will not be renewed if Fresher Designs cannot contact the Client or the Client requests for Fresher Designs to not host this site.
The Hosting renewal charge must be received within 4 - 6 weeks of the Hosting expiry date. Fresher Designs reserve the right to deactivate any website where the Hosting has expired and the Client has not paid the renewal charge. There will be an admin fee set by Fresher Designs for reactivating the website/Hosting.
If the Client does not use Fresher Designs Hosting services, then the management and Hosting of the Domain name are the full responsibility of the Client.
Fresher Designs will provide 1 years free hosting providing the client pays their deposit payment within 48 hours. If the deposit payment is not received within 48 hours then Fresher Designs reserve the right to charge £100+VAT for 1 years hosting of the clients website.
Content Added by Clients
Fresher Designs has no control of, or responsibility for, the content of Clients’ websites. In no way does the textual or image based Content of our Client's web sites constitute Fresher Designs endorsement, or approval of the website or the material contained within the website. Fresher Designs has not verified any of the materials, images or information contained within our Client's web sites and is not responsible for the content or performance of these sites or for the Client's transactions with them. Fresher Designs provides links or references to our Client's websites solely for the convenience of prospective customers and intends that the links it provides be current and accurate, but does not guarantee or warrant that such links will point to the intended Client site at all times.
Fresher Designs are not liable for loss, damage or corruption to files or information stored on its servers or individual PCs relating to a Client's website. The Client is solely responsible for any information or files relating to its website.
Credit & Debit Cards
Fresher Designs will take a 1.9% service charge payment on any payments received using a credit or debit card. If this is not acceptable to the client, we also accept BACS and Cheque as an alternative payment method. Electronic payment details can be found in our FAQ.
Should a Client wish to move Hosting away from Fresher Designs or transfer a Domain name away from Fresher Designs, we reserve the right to charge for the transfer. £100+VAT admin charge per domain will be charged, this must be paid in full before the transfer takes place along with any other outstanding fees or monies owing.
Clients may request Fresher Designs to transfer a .co.uk domain to a new host but must request a transfer from their new host admin panel for .com domains. Please give 3 months notice if you intend to transfer a domain. Electronic payment details can be found in our FAQ. Please email us to notify us of payment to avoid delays in your transfer activation. Please allow up to 48 hours for transfers to be actioned.
In cases where you request a full transfer away from the Fresher Designs service you are responsible for liaising with the new ISP to make sure that your domain name records have been amended properly and you keep your new provider up to date with your address in order that they can invoice you for such fees. You must amend details so no reference to Fresher Designs or Fresher Enterprises Ltd.
Fresher Designs makes no claims that the contents of this website may be lawfully viewed or downloaded outside England and Wales. Access to this website may not be legal by certain persons or in certain countries. If this website is accessed from outside of the United Kingdom, it is done at own risk and the visitor is responsible for compliance with the relevant laws of the visitor’s jurisdiction. The terms and conditions of this website are governed by the laws of England and Wales. Jurisdiction for any claims arising in respect of this website’s Content shall lie exclusively with the courts of England. If any provision of these terms and conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these terms and conditions, which shall remain in full force and effect.
Definition of our terminology as used within our services and website design:
A 'Project' is any work undertaken or service provided by Fresher Enterprises Ltd (trading as Fresher Designs) for the Client on their request and as described in our confirmation order email to that Client.
A 'Client' is a person, persons, business or organisation using any of the services provided by Fresher Designs.
'Live Mode' means the date the website is available on the Client’s chosen domain.
'Domain' is the website address as specified by the Client which is renewed annually by Fresher Designs (unless otherwise agreed)
'Open Source Software' is software made freely available to anyone under the GNU General Public License (GPL).
'Hosting' is a yearly cost to keep a clients website activated online. Payment is due 4-6 weeks prior to the renewal date to ensure seamless presence on the internet
'Content' is both text and images that the Client requires on the website. All 'content' should be provided electronically by the client unless otherwise agreed
'mb' stands for megabytes and is a measure of storage space.
Enforcement of the Terms & Conditions
If you have questions regarding this statement, you should contact Fresher Designs.
Changes to this Statement
We may occasionally update the Terms & Condition statement. When we do, we will also revise the "last updated" date at the top of the privacy statement. For material changes to this privacy statement, we will notify you either by placing a notice on the footer of the home page of our Web site. We encourage you to periodically review this privacy statement to stay informed. Your continued use of the service constitutes your agreement to this privacy statement and any updates.
Fresher Designs welcomes your comments regarding this Terms & Conditions statement. If you believe that Fresher Designs has not adhered to this statement, please contact us electronically or via postal mail at the address provided below, and we will use commercially reasonable efforts to promptly determine and remedy the problem.
Fresher Designs is a trading name of Fresher Oaks Ltd
Company Number: 09987896