Acceptance

• 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.

General Terms

• All material provided to us during the production of your site will not be returned or retained unless otherwise requested.
• Domain names specified when signing up are not confirmed until your deposit has been paid. The specified domain name will be owned by ShyFish Designs until the client completes the final payment / invoice for the website and domain name. Availability checker is only an indication of potential availability and is in no way a guarantee.
• The copyright and observation of other third party copyrighted material is the responsibility of the contracted client and not that of ShyFish Designs (e.g. images provided for websites, logos, etc).
• A small ‘Website Design by ShyFish Designs’ link will appear at the bottom of your website’s pages.
• We reserve the right to use all designs produced during the production process in our portfolio of work unless clearly stated otherwise by the client.
• Statistics provided by ShyFish Designs may be subject to some distortion caused by automated website spiders adding hits to the stats records. We monitor this regularly and make changes where necessary to remove automated hits. This may cause occasional changes in website stat data.

Cancellation

• To cancel your website and account you must contact support via phone or email on info@shyfishdesigns.com. Notice of 14 days must be given for cancellation. Any payment due within that 14 day period may still be charged and is not refundable.
• Your cancellation is not confirmed until we contact you to confirm so. This is to ensure we have received your request and the account has been closed.
• You can cancel your account while your website is being built and only forfeit the non-refundable deposit payment. If however you wish to cancel once your website mock up / initial design has been produced, you will then be charged for the full balance of the website build and any other fees accumulated during the build process.
• Reactivation of closed accounts through cancellation by the client or automatic cancellation due to non-payment of deposits, final website payments or monthly subscriptions, will be subject to a £500+VAT reactivation fee and any extra payments or monthly subscriptions outstanding that would of been incurred during the cancellation timeframe. Monthly billing will resume on the previously agreed monthly plan after the reactivation fee has been paid.
• If a website is cancelled by the client directly or closed due to lack of payment, we hold the rights of ownership to the clients domain names, email accounts (that are hosted by ShyFish Designs Ltd), website hosting, website design and all SEO/PPC campaign data. If a client seeks re-ownership of the website and domain name after cancellation, they will be subject to a reactivation fee of £500+VAT and a release fee of £1000+VAT – which includes domain name transfers and website access for 3rd party transfer. This does not include the transfer of email data. We take no responsibility of any lost data by 3rd party website transfers.
• Once an account is closed, we provide no guarantee that the service can be restored as data from inactive accounts is purged from our databases periodically.

Payments

• All invoices are to be paid on the invoice date unless otherwise stated.
• Initial payments/deposits on all services (e.g. website design, logo design, etc) are non-refundable.
• With any monthly subscriptions, your monthly subscription will start the following month from the day you signed up. This is because we set up your hosting to build your website and other services immediately. This fee repeats every month thereafter until you close your account through the cancellation method indicated above.
• If you have opted to pay annually, your annual subscription is due on the anniversary of your sign up date. The first annual payment is due when you sign up unless agreed otherwise. This fee repeats every year thereafter until you close your account through the cancellation method indicated above.
• To be very clear your ongoing monthly subscription is automatically renewed each month / year unless you cancel your services in advance of the renewal date.
• We reserve the right to pass on any charges we incur as a result of late, declined payments. If a payment should be charged back a £25 fee will be applied to your account.
• In the unlikely event that a website build takes longer than 3 months where the delay is due to a client’s failure to provide required information and we have requested multiple times for that information we may request and require the outstanding balance of any invoice for that service to be paid in full.
• Late payments will be subject to a £15 late payment fee.
• Should a payment, such as a website or monthly subscription payment, become very overdue (e.g. over 20 days) and we have tried to contact you more than three times regarding this overdue payment, we reserve the right to close the website and any other affiliated services until outstanding payments have been received in full. Any deposit payments will be forfeited.
• ShyFish Designs always give our clients the opportunity to review the appearance and content of the website during and after the design stage is or has taken place. If the client has not notified ShyFish Designs of any changes or edits within 10 days then the website will be deemed accepted and any final payments will be required by the client.
• Should payments remain unpaid we will write to you giving 14 days notice to pay. If payment is not made within that agreed time-frame a final £25 late payment fee will applied and the case may be referred for collection through the courts.
• We accept all methods of payments including direct bank transfer (BACS), cheque, cash, direct debits, standing orders, etc. All monthly subscriptions are to be set up using our direct debit system unless stated otherwise (this includes annual subscriptions).

Domain Names

• Domain names we hold can be transferred away subject to a £25 admin fee. Transfers will only be commenced after any outstanding account balance is cleared.
• We take no responsibility when a domain name is in need renewal and you do not make payment on time. We will always renew your domain name for you, but through not responding or contacting us in regards to your domain name renewal payment, you forfeit your rights to your domain name.
• Under all website packages, we will initially buy your domain name using your deposit. The domain name will only be yours when the final balance of the website has been paid. The domain can be a .com, .co.uk, .org.uk or .org. The domain name fee will be added to your invoice at the end of the website building process to prove proof of purchase.
• Domains which you have registered externally can be transferred to us or pointed to our servers. We will assist in the configuration of 1 domain externally. On some occasions we will not be able to configure external domains but in those instances we will provide you with the information you will need to ask your current provider to make the required updates.
• Additional domain names transferred to us or requested beyond the one included, will increase your ongoing fee by the equivalent of £2.50 a month in the case of the standard top level domains or more for non-standard domains. For non-standard domains we will inform you of the costs.

Miscellaneous Terms

• We retain the copyright on all materials produced e.g. logos, website designs, Google Adwords campaigns until the entirety of the package signed up for is paid for. Once this is done, copyright of any design work is transferred to you. We retain the right to include the produced work in our portfolio.
• With services provided for print such as business cards and letterheads, we only provide the design portion of the process and do not provide any printing services.
• Content writing per page fee includes a maximum of 500 words per a page. Longer pages will be charged as a multiple of the per page fee.
• We will endeavour to check the content we produce as part of our content writing service for errors in terms of grammar, spelling and factual accuracy. However the ultimate responsibility for these elements will fall on you the client. We accept no responsibility for errors once published and fully accepted by the client.
• We accept no responsibility for errors with disputes in regards to your own content provided to us.
• Features of ongoing packages do not roll over. Any allowances expire at the end of the given period.
• When instructing a company to print items we have designed such as business cards and letterheads, it is your responsibility to ensure the print quality. We accept no responsibility should finished printed items not accurately reproduce colours or quality.
• We reserve the right to cancel or temporarily disable any clients website or services with ShyFish Designs if there is any threatening, abusive or unacceptable behaviour towards any members of our staff. All communication from there on must be done so in the form of letters.
• ShyFish Designs accept no responsibility for a loss of business through server downtime and maintenance.
• If you wish to transfer your website built by ShyFish Designs away from our hosting servers, then an additional £125 admin fee will be charged. No charge will be incurred if a 3rd party transfers the website away from our hosting providers.
• ShyFish Designs take zero responsibility for any loss or damage incurred by 3rd parties whilst transferring a website away from our hosting, transferring domain names away from our accounts, making adjustments to the website itself or any data / security breaches in your business that may occur from 3rd party interference, such as 3rd party plugin installations. All transfers or changes made by 3rd parties are in no way, shape or form a representation of our services and we are not liable for any loss or damage.
• Social Media set up upgrade we includes the setup of Twitter and Facebook accounts only unless otherwise stated or agreed. You will need a personal Facebook account so that we can make you the owner of the Facebook Page we set up for you. Without a personal Facebook account you will not be able to manage the Facebook Page. It is your responsibility to set up your personal account. Social Media setup is not required if you already have business pages / accounts set up and just want us to link to them from your new site.
• With our SEO services there can be no guarantee of achieving a specific page ranking. We accept no responsibility for anything else but our SEO services with any websites built by a 3rd party.
• Likewise with our Google Adwords services, there can be no guarantee for any specific results. Adwords campaigns are owned by ShyFish Designs and you cannot use any of the Adwords content (e.g. the copy, campaign setup, landing page design, etc) for your own campaigns.
• These acceptance of these terms and conditions between you and ShyFish Designs is entered into under the exclusive jurisdiction of the courts of England and Wales.