Terms of Use
All quotes, estimates and invoices are subject to our terms and conditions.
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1. General Terms
- 1.1. Our website (www.markupdesign.co.uk) is operated and owned by Markup Design Ltd. Markup Design Ltd is the UK registered a business in England (company number: 11946981). Our business registered address is The Old Bakery, 5-9 St. Andrews Street South, Bury St. Edmunds, IP33 3PH
- 1.2. Throughout this document, Markup Design Ltd will be referred to as Markup Design.
- 1.3. By accepting proposals/quotes/estimates and placing orders with Markup Design you confirm that you are in agreement with our terms and conditions are written out below.
- 1.4. Markup Design reserve the right to make changes to these terms and conditions at any time without due notice. By continuing to use our services you agree to be bound by our terms and conditions.
- 1.5. Markup Design will not be liable or become involved in any disputes that may occur between website owners and their clients. Markup Design cannot and will not be held responsible for any wrongdoing on the part of website owners. We recommend that you print a copy of our terms and conditions for future reference.
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2. Project Commencement
- 2.1. All contracts between Markup Design and the Client will be corresponding with the terms and conditions set out in this document.
- 2.2. An order is deemed to be a written or verbal contract (including telephone and e-mail agreements) between Markup Design and the Client.
- 2.3. By starting any project or service that has been agreed between Markup Design and the Client, the Client agrees to be legally bound by these terms and conditions.
- 2.4. Once the Client has agreed for services to be provided to them by Markup Design this means that the Client has read the terms and conditions and is/are happy to continue and commence the project or service.
- 2.5. Markup Design will only commence work on a project or provide service after receipt of 50% deposit of the full project or service price unless stated otherwise.
- 2.6. The final 50% of all projects and services are due on completion by Markup Design, even if the customer is not ready to provide parts of the project they are responsible for such as text, images, videos or they decide not to move forward with the final part of the project.
- 2.7. All project developments, designs and brandings will remain the property of Markup Design until full payment has been received by the Client.
- 2.8. Markup Design will make every reasonable effort to contact the Client during the development process.
- 2.9. If Markup Design is unable to gain a response from the Client for a sustained period of 30 days then Markup Design reserves the right to terminate the order/project(s) or service.
- 2.10. Markup Design will not be held liable for any costs, damages, loss, earnings or compensation due to failure to meet deadlines or services provided by Markup Design.
- 2.11. All quotes and estimates provided by Markup Design to the Client are valid for 30 days of receipt. After this period a new estimate or quote may be provided.
- 2.12. Any and all communications between the Client and agents at Markup Design are sole of the agent and do not necessarily represent the views of Markup Design unless specifically stated.
- 2.13. Markup Design has no control over search engine algorithms so we cannot guarantee any specific rankings or website placements on search engines.
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3. Design, Development, Content, Branding and Print
- 3.1. All content displayed on the Client projects (text, images, videos, all other media) is the sole responsibility of the Client.
- 3.2. Files and contents displayed on the Clients project may require a licence or be subject to copyright laws. It is the Clients responsibly to source and replaces any contents provided by Markup Design. Markup Design will not be responsible for the Clients content in any way, this includes any copyright infringements caused by contents or materials.
- 3.3. Markup Design expects the Client to have carried out sufficient research about their website before project commencement. The Client is responsible for checking that their website will operate legally within the UK and that the website is not illegal in any way.
- 3.4. Markup Design cannot be held liable for loss, damage or corruption to client files and/or information stored on our servers.
- 3.5. Markup Design reserves the right to undertake work and projects for clients that are in the business sector as other clients that have previously had projects or services done by us.
- 3.6. Proofreading, spellings, grammar and other incorrect content on client projects are the responsibility of the Client.
- 3.7. Search Engine optimisation will be provided by Markup Design to clients who purchase this service.
- 3.8. Graphic Design high-resolution files will not be provided to the Client until full payment has been made.
- 3.9. Before any files/documents are sent to print full payments must be made.
- 3.10. Markup Design cannot be held responsible for any loss or compensations for missed deadlines.
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4. Website Hosting and Domain Names
- 4.1. Markup Design provides website hosting services via Third Party.
- 4.2. Markup Design has full administration control over our servers.
- 4.3. Whilst we endeavour to provide reliable and professional hosting services at all times we cannot guarantee that the websites will be available at all times.
- 4.4. Markup Design cannot be held liable for losses incurred, costs, compensation or loss of earnings due to the Clients website being unavailable.
- 4.5. Website hosting renewals and payments are paid on an annual basis unless otherwise stated.
- 4.6. Markup Design reserves the right to deactivate/suspend website hosting packages where the Client has not paid for renewals.
- 4.7. Domain names can be registered by Markup Design or by the Client in both cases the domain name will be legally owned by the Client.
- 4.8. Domain name renewals are the responsibility of the Client whether they are registered by Markup Design or by the Client.
- 4.9. Markup Design cannot be held liable or responsible for website downtime or loss of business earnings if domain names are not renewed on time.
- 4.10. Markup Design will provide the Client access to the domain name and hosting file control panel on Client request.
- 4.11. Once domain name and hosting file control panel access has been provided by Markup Design to the Client, Markup Design cannot be held liable or responsible for website downtime, loss of data, website issues or loss of business earnings if Client changes any plugin, makes amendments to website code, server or any other settings.
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5. Software, Licensing and Security
- 5.1. Markup Design will undertake every effort to keep your web hosting package clean of malware and viruses.
- 5.2. Markup Design cannot be held liable for any malware or virus attacks on your website hosting package.
- 5.3. If websites and hosting packages become infected due to websites, plugins or other features being out of date Markup Design cannot be held responsible.
- 5.4. Markup Design uses open source Content Management Systems and sometimes designs to build client websites and projects.
- 5.5. Any and all costs associated with third-party software, whether licensed or open-source, will be the responsibly of the Client.
- 5.6. Markup Design may suggest software(s). This advice is just the opinion of a Markup Design agent and cannot reflect the opinion of the entire company.
- 5.7. It is the responsibility of the Client to research suggested software, plugins and add-on modules suggested by Markup Design or its agents.
- 5.8. Any plugins or modules from Third Party developers used within client projects are the responsibility of their respected owners and Markup Design cannot be held liable for any damage, loss of earning or downtime caused by them.
- 5.9. Markup Design provides bespoke and ready-made purchased themes. Markup Design cannot be held liable for software, websites or features going out of date and it is the Clients responsibility to maintain and keep their services up to date.
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6. Changes to Project(s) in Progress
- 6.1. The Client shall be entitled to request that Markup Design make changes to the project during the course of design, development, branding.
- 6.2. The first two amendments are included in the charges set out in the original quote provided that they are not a change to the entire scope and is still within the agreed timeline and quotation limitations.
- 6.3. In case the Client requires changes that are out of the bounds of the original quotation, Markup Design will provide additional quotations for the new set of changes.
- 6.4. Where multiple versions of Works are designed, developed or branded by us, the Client is entitled to choose and use only one of the Works representing the agreed quote. If you wish to use or keep additional versions of the Works, Markup Design will provide separate quotations for these.
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7. Contract Terminations and Refunds
- 7.1. Should the Client for whatever reason wish to terminate a contract/project with Markup Design, no monies or deposits paid will be refunded.
- 7.2. Upon cancellation of a project or service by the Client, Markup Design reserves the right to issue an invoice for the reminding balance of the project or service outlined when the Client agreed to the terms and conditions.
- 7.3. Markup Design reserves the right to terminate this agreement at any time. In this event Markup Design reserve, the right to refund monies to the Client and this will be calculated on a case by case basis.
- 7.4. No refunds will be issues for print orders that have been already printed for whatever reason, including, spelling issues, grammar issues and mistakes not spotted by the Client before printing.
- 7.5. No refunds will be issued for annual contracts between Markup Design and the Client, including, annual web hosting packages and domain name registrations.