Finsbury Site (Custom Website Build) Product Terms
IMPORTANT: PLEASE READ THIS CAREFULLY. YOUR EXECUTION OF A BOOKING FORM FOR A FINSBURY SITE CONSTITUTES YOUR AGREEMENT TO BE BOUND BY THESE FINSBURY MEDIA TERMS.
IN THE EVENT OF A CONFLICT BETWEEN THESE FINSBURY SITE (CUSTOM WEBSITE BUILD) PRODUCT TERMS AND THE ADVERTISING TERMS AND/OR ORDER/BOOKING FORM, THESE FINSBURY SITE (CUSTOM WEBSITE BUILD) PRODUCT TERMS SHALL CONTROL.
WE RESERVE THE RIGHT TO MAKE CHANGES TO THESE PRODUCT TERMS AND / OR THE SERVICE AT ANY TIME. IN ACCORDANCE WITH THE PROCEDURE SET OUT IN THE SECOND PARAGRAPH OF THE ADVERTISING TERMS
EARLY TERMINATION PENALTY
Should a client cancel any service (as listed on contract) and has not completed the agreed length as per the contract (Agreement length) a penalty charge will be applied for early termination – the penalty charge will consist of all fees including budgets (PPC and social media advertising) and is payable within 7 days.
Custom Build Finsbury Site is a custom website built by Finsbury Media. You will be able to choose from a range of designs for your website, which will include:
- A website using responsive design to automatically optimise your site for mobile devices
- 10 to 150 pages, as needed
- Native incorporation of Finsbury Media’s Tracking Services (which are subject to the Product Terms for such services and which are incorporated into this Agreement)
- Website hosting
- Access to Finsbury Media’s website content management system, which allows you to upload content and make certain adjustments and revisions to your website
Set-Up. Immediately upon purchase of a Finsbury Site, we will begin writing custom content for your website based on your business, products/services/features/tools and goals for the website (the “Custom Content”), and designing your website based on the theme you select. We will schedule a consultation with one of our service professionals to take place one to two weeks after your purchase of a Custom Finsbury Site to review and plan the website. We will also send you multiple communications regarding the creation and set-up of your website, including a link to your completed website for review, and we ask that you provide any feedback or revisions within the requested timeframes.
Domains. If requested, Finsbury Media will provide an internet domain name for your website, subject to availability. If your website uses a domain you provide, you will be solely responsible for maintaining your internet domain name, including all renewals and paying all applicable registration and maintenance fees. In addition, you represent and warrant that you own all rights to such domain name or, alternatively, that you have the right to use the domain name in connection with your website.
Completion. Once the website has been deemed as built, through confirmation of our internal web design team the Finsbury Site files will be released to client. The files will only be released if all payments are up to date. If any additional work is required on the site thereafter, whether that be for content/design updates functionality changes, enhancements, additions or any general changes a new proposal of work and subsequent costings are to be proposed for agreement prior to the commencement of this additional work. Payment for such work is required in line with an agreed payment term outlined at time of request for additional work.
Finsbury Site and the contents thereof on an ‘as is’ basis and makes no warranties with regard to the site and its contents, or fitness of services offered for a particular purpose. Finsbury Media cannot guarantee the functionality or operations of the website or that it will be uninterrupted or error free, nor does it warrant that the contents are current, accurate or complete. If any information that is requested by Finsbury Media is not given by buyer in the time requested, Finsbury Media has the option to sign off the project “Finsbury Site” as complete.
Description of Fees. You agree to pay for your Finsbury Site in the agreed time frame, missed payments will result in suspension of build. Once payments are caught up the work will resume on the Finsbury Site. Multiple missed payments may result in Finsbury Media having the option to void contracts.
- Fees, which are subject to VAT, are based upon the labour rates and materials and other overhead costs prevailing at the date of the Finsbury Media’s quotation or estimate and are subject to revision;
- in the event of any increase in such overhead costs prior to the date of delivery to the Buyer;
- if expedited delivery is agreed and overtime or other additional cost is incurred;
- if reworking is required arising from a change in the Buyer’s instructions, including changes in style or construction.
- The price (exclusive of VAT) for the Goods/Services shall be the quoted price of the Seller and payment of the price shall be made within the specified the due date.
- Invoices are due and payable in full by the payment date agreed. The Buyer agrees to make known in writing to the Seller any comments, complaints or other lawful objections which may delay the payment of the invoice by the due date shown.
Manner of Payment. Finsbury Site payments may only be paid by bank transfer, standing order or direct debit.
Indemnification. You will indemnify, defend, and hold harmless Finsbury Media and its third-party affiliates from and against any and all claims, liabilities, damages, fines, loses, costs, expenses, fees of any kind (including reasonable attorneys’ fees and expenses), arising from and disputes over The build, functionality, delay in delivery of completion of the Finsbury Site.
In addition to the indemnification obligations set forth in the Advertising Terms, you agree to indemnify, defend, and hold harmless Finsbury Media and its third-party affiliates from and against any and all claims, liabilities, damages, losses, costs, fines, expenses, fees of any kind (including reasonable attorneys’ fees and expenses), arising from or relating to a dispute over the functionality, build of a Finsbury Site
The buyer will agree to use all Finsbury Media services and facilities at your own risk and agrees to defend, indemnify, save and hold Finsbury Media harmless from any and all demands, liabilities, costs, losses and claims, including but not limited to legal fees against the Finsbury Media or its associates that may arise directly or indirectly from any service provided or agreed to be provided.
The Client agrees that this indemnification extends to all aspects of the project, including but not limited to the Finsbury Site.
By accepting a quotation or making a payment of invoice to use the services supplied, the Client acknowledges to have read, understand, and accept the Terms and Conditions of this Agreement, and agrees to be legally binding by these Terms and Conditions.