Website Terms & Conditions
Standard Website Terms
The following terms and conditions apply to all website development / design services provided by LoudCrowd to the Client. These terms were last updated on 1st October 2021.
It is not necessary for any Client to have signed an acceptance of these terms and conditions for them to apply. If a Client accepts a quote then the Client will be deemed to have satisfied themselves as to the terms applying and have accepted these terms and conditions in full.
Please read these terms and conditions carefully. Any purchase or use of our services implies that you have read and accepted our terms and conditions.
Charges for services to be provided by LoudCrowd are defined in the project quotation that the Client receives via e-mail and/or in writing. Quotations are valid for a period of 28 days. LoudCrowd reserves the right to alter or decline to provide a quotation after expiry of the 28 days.
Unless agreed otherwise with the Client, all website design services require an advance payment (deposit) of a minimum of fifty (50) percent, of the project quotation total before the work is supplied to the Client for review with the remaining fifty (50) percent, of the project quotation total due upon completion of the work, prior to upload to the server or release of materials. The advance payment, or deposit, is non-refundable unless otherwise agreed with LoudCrowd. The advance payment will not be considered for credit or refund under any circumstances if any work has begun on your project.
Payment for services is due by cash, cheque or bank transfer. Cheques should be made payable to LoudCrowd and sent to 8 Waterdale, Kingsgate, Doncaster DN1 3JZ. Bank details will be made available on invoices.
3. Client Review
LoudCrowd will provide the Client with an opportunity to review the appearance and content of the website during the design phase and once the overall website is completed. Such materials will be deemed to be accepted and approved at the completion of the project unless the Client notifies LoudCrowd otherwise within ten (10) days of the date the materials are made available to the Client.
4. Time and Content
LoudCrowd will supply and make live the Client’s website by the date specified in the project proposal, or at date agreed with Client upon LoudCrowd receiving initial payment, unless a delay is specifically requested by the Client and agreed by LoudCrowd. LoudCrowd will not be held responsible for any delays to a website launch date as a result of the Client failing to approve or provide amends to the supplied materials in a timely manner.
In return, the Client agrees to delegate a single individual as a primary contact to aid LoudCrowd with progressing the commission in a satisfactory and efficient manner.
During the project, LoudCrowd will require the Client to provide website content to populate the website, including relevant text, images, videos etc, unless these additional services have been quoted for and agreed to be undertaken by LoudCrowd.
5. Provision for Information
To remain efficient we must ensure that work we have programmed is carried out at the scheduled time.
LoudCrowd requests that the client provides the required information at least one (1) week prior to the agreed completion date. LoudCrowd reserve the right to charge for additional project time beyond the agreed completion date as a result of delays from client ctions or lack of materials.
If you agree to provide us with the required information and subsequently fail to do before the agreed project completion date, we reserve the right to end the project, with the balance remaining becoming payable under our standard terms that apply to completed projects.
If you are commissioning a CMS website you will be provided with a content management system so that you are able to keep your content up to date yourself.
If your agreed proposal includes an ongoing SEO service or package, content will need to be create and agreed in advance of the website build commencing and/or being completed.
6. Hosting & Maintenance
LoudCrowd agrees to make periodic updates to the Client's website where the Client's website is hosted with LoudCrowd. This includes updates only, such as plugins and issues relating to speed and downtime. Our standard hosting packages do not include any development hours for the addition, update or amendement of website content, layout, structure and on-page functionality.
Where the Client agrees to a Hosting & Maintenance package, LoudCrowd agrees to make regular updates to ensure to ensure the upkeep and performance of the website, as well as up to two (2) hours of development hours per month. These hours can be used for the addition, update or amendement of website content, layout, structure and on-page functionality. Development hours may be carried over to future months, but cannot be pulled from future months for use on the present period. Development time outside of the allocated maintenance plan will be charged at a standard rate of £60 per hour + VAT.
The client reserves the right to source website hosting from alternative providers, as long as the Client is not under contract for a period of time with LoudCrowd.
Invoices will be provided by LoudCrowd for the advance payment before the commencement of a projectand upon completion but before publishing the live project. Invoices are normally sent via email or payment provider. Invoices are due upon receipt, unless payment terms are otherwise listed on the invoice as agreed by LoudCrowd. Accounts that remain unpaid thirty (30) days after the due date of the invoice will be subject to a service charge in the amount of the higher of twenty percent (20%) or £30 per month of the total amount due, whichever is greater.
8. Additional Expenditure
The Client agrees to reimburse LoudCrowd for any additional expenses necessary for the completion of the work. Examples would be purchase of fonts, stock imagery, plugins etc. Payment for such items will be required prior to the purchase of the additional required materials, unless otherwise agreed by LoudCrowd.
9. Web Browsers
LoudCrowd makes every effort to ensure websites are designed to be viewed by the majority of visitors. Websites are designed to work with the most popular current browsers (e.g. Firefox, Microsoft Edge, Safari, Google Chrome, etc.). The client agrees that LoudCrowd cannot guarantee correct functionality with all browser software across different operating systems.
LoudCrowd cannot accept responsibility for web pages which do not display acceptably in obselete versions or new versions of browsers released after the website have been designed and handed over to the Client. As such, LoudCrowd reserves the right to quote for any work involved in changing the website design or website code for it to work with updated browser software.
Accounts unpaid thirty (30) days after the date of invoice will be considered in default. If the Client in default for more than sixty (60) days, LoudCrowd reserves the right to unpublish the Client's website and remove any associated data or accounts linked to the Client and its website. LoudCrowd is not responsible for any loss of data, loss of enquiries or loss of sales incurred due to the removal of the service. Removal of such material does not relieve the Client of the obligation to pay any outstanding charges. Cheques returned for insufficient funds will be assessed a return charge of £25 and the Client’s account will immediately be considered to be in default until full payment is received.
Clients with accounts in default agree to pay LoudCrowd reasonable expenses, including legal fees and costs for collection by third-party agencies, incurred by LoudCrowd in enforcing these Terms and Conditions.
In the event that the Client wishes to terminate the project or service, this should be requested in writing to LoudCrowd via email or tracked post. Termination will be considered accepted upon receipt of written notice unless agreed otherwise in writing with LoudCrowd and at the discretion of LoudCrowd. Telephone requests for termination of services will not be honoured until and unless confirmed in writing or email. The Client will be invoiced for design work completed to the date of first notice of cancellation for payment in full within thirty (30) days.
Advanced payment, or the deposit, is not eligible for refund if the project has been started. A project is considered as started once time and resource have been dedicated to the project, including at planning and preparatory stages. If over fifty (50) percent of the project has been completed, the full quoted amount will be payable
You agree to indemnify and hold LoudCrowd harmless from any claims resulting from your use of our service that damages you or any other party. All LoudCrowd services may be used for lawful purposes only, in accordance with regulations set in the United Kingdom and overseas.
The Client retains the copyright to data, files and graphic logos provided by the Client, and grants LoudCrowd the rights to publish and use such material. The Client must obtain permission and rights to use any information or files that are copyrighted by a third party. The Client is further responsible for granting LoudCrowd permission and rights for use of the same and agrees to indemnify and hold harmless LoudCrowd from any and all claims resulting from the Client’s negligence or inability to obtain proper copyright permissions. A contract for website design and/or placement shall be regarded as a guarantee by the Client to LoudCrowd that all such permissions and authorities have been obtained. Evidence of permissions and authorities may be requested.
LoudCrowd retains full copyright ownership of the website or project until such time that all balances relating to the website or project has been paid in full, at which time the ownership shall transfer to the Client. Where balances are outstanding, LoudCrowd retains the ownership and reserves the right to utilise the design and website for other projects in the future, without any copyrighted materials belonging to the Client.
13. Standard Media Delivery
Unless otherwise specified in the project quotation, this agreement assumes that any text will be provided by the Client in electronic format (text files delivered on USB drive or via e-mail) and that all photographs and other graphics will be provided in .gif, .jpeg, .png, .svg or .tiff format. Although every reasonable attempt shall be made by LoudCrowd to return to the Client any images or printed material provided for use in creation of the Client’s website, such return cannot be guaranteed.
14. Design Credit
A link to LoudCrowd's website will appear in either small type or by a small graphic at the bottom of the Client’s website. If a graphic is used, it will be designed to fit in with the overall site design. If a client requests that the design credit be removed, a nominal fee of 20% of the total development charges or £250, whichever is greater, will be applied. The Client also agrees that the website developed for the Client may be presented in LoudCrowd's portfolio, including on LoudCrowd's website and other digital and printed media.
15. Post-Placement Alterations
LoudCrowd cannot accept responsibility for any alterations caused by a third party occurring to the Client’s pages once installed. Such alterations include, but are not limited to additions, modifications or deletions.
16. Domain Names
LoudCrowd can purchase domain names on behalf of the Client. Payment and renewal of those domain names is the responsibility of the Client, unless otherwise agreed by LoudCrowd. The loss, cancellation or otherwise of the domain brought about by non or late payment by the client is not the responsibility of LoudCrowd.
These Terms and Conditions supersede all previous representations, understandings or agreements. The Client’s acceptance via email, text or payment of an advance fee or deposit constitutes agreement to and acceptance of these Terms and Conditions.
18. Governing Law
This Agreement shall be governed by English Law.
LoudCrowd hereby excludes itself, its Employees and or Agents from all and any liability from:
Loss or damage caused by any inaccuracy;
Loss or damage caused by omission;
Loss or damage caused by delay or error, whether the result of negligence or other cause in the production of the web site;
Loss or damage to clients’ artwork/photos, supplied for the site. Immaterial whether the loss or damage results from negligence or otherwise.
The entire liability of LoudCrowd to the Client in respect of any claim whatsoever or breach of this Agreement, whether or not arising out of negligence, shall be limited to the charges paid for the Services under this Agreement in respect of which the breach has arisen.
In the event any one or more of the provisions of this Agreement shall be held to be invalid, illegal or unenforceable, the remaining provisions of this Agreement shall be unimpaired and the Agreement shall not be void for this reason alone. Such invalid, illegal or unenforceable provision shall be replaced by a mutually acceptable valid, legal and enforceable provision, which comes closest to the intention of the parties underlying the invalid clause.