Payment for all design, development, training, support, and maintenance will be billed on a monthly basis for all hours completed.
Please note that we accept the following payment options: cheque (UK only), bank transfer or debit/credit card payments via Stripe.
Our monthly support plans can be paid for via Direct Debit.
All prices quoted exclude VAT unless otherwise identified, which will be charged at the rate prevailing at time of invoicing.
Design and development
While every endeavor will be made to ensure that the website and any scripts or programs are free of errors, Orcadia Design cannot accept responsibility for any losses incurred due to malfunction, the website or any part of it.
Any scripts, .CGI applications, .PHP scripts, or software (unless specifically agreed or open source) written by Orcadia Design remain the copyright of Orcadia Design and may only be commercially reproduced or resold with the permission of Orcadia Design.
Orcadia Design cannot take responsibility for any copyright infringements caused by materials submitted by the client. We reserve the right to refuse any material of a copyrighted nature unless adequate proof is given of permission to use such material.
Any additions to the brief will be carried out at the discretion of Orcadia Design and where no charge is made by Orcadia Design for such additions, Orcadia Design accept no responsibility to ensure such additions are error free and reserve the right to charge an according amount for any correction to these or further additions.
The client agrees to make available as soon as is reasonably possible to Orcadia Design all prerequisites required to complete the site to the agreed standard and within the set deadline.
Orcadia Design will not be liable for costs incurred, compensation or loss of earnings due to the failure to meet agreed deadlines.
Orcadia Design will not be liable or become involved in any disputes between the site owner and their clients and vendors and cannot be held responsible for any wrongdoing on the part of a site owner.
Orcadia Design will not be liable for any costs incurred, compensation or loss of earnings due to the work carried out on behalf of the client or any of the client’s appointed agents.
Orcadia Design will not be liable for any costs incurred, compensation or loss of earnings due to the unavailability of the site, its servers, software or any material provided by its agents.
Orcadia Design will not be liable for any costs incurred, compensation or loss of earnings due to the non-provision of data by the client or their suppliers.
Database, Application and (E-Commerce) Development
Orcadia Design cannot take responsibility for any losses incurred by the use of any software created or used for the client. Whilst every care has been taken to ensure products are problem free and accurate, the ultimate responsibility lies with the client in ensuring that all software is functioning correctly before use.
Where applications or sites are developed on servers not recommended by Orcadia Design, the client is expected to provide or seek any information, additional software, support or co-operation pertaining to the server required in order for the application to be correctly developed. Where large applications are to be developed, we will provide a suitable testing environment which is identical to the final production environment.
The client is expected to test fully any application or programming relating to a site developed by Orcadia Design before being made generally available for use. Where “bugs”, errors or other issues are found after the site is live, Orcadia Design will endeavour to correct these issues to meet the standards of function outlined in the brief.
Full hosting services will be provided by third party suppliers. The client accepts that the web hosting vendor has responsibility for providing the web hosting and hereby agrees to be bound by the web hosting vendor’s terms and conditions.
Whilst Orcadia Design recommends hosting companies to host websites, no guarantees can be made as to the availability or interruption of this service by Orcadia Design and we cannot accept liability for losses caused by the unavailability, malfunction or interruption of this service, or for loss of turnover, sales, revenue, profits or indirect, consequential or special loss.
All accounts are set up on a pre-pay basis. We accept payments via BACS (Bank transfer) (preferred) Cheque, Debit or Credit Card via Stripe as well as Direct Debit via GoCardless direct debit.
All pricing is guaranteed for the term of pre-payment. Orcadia Design reserves the right to change prices at any time.
Payment is due each anniversary month or period following the date the account was established. If 28 days have passed and payment has not been posted, the account will be suspended until further notice. The client is responsible for all money owed on the account from the time it was established to the time that the client notifies Orcadia Design to request termination of services.
By subscribing to one of our WordPress care plans or hosting packages, you acknowledge that you are entering into a binding agreement with our company for the specified term, i.e. one month or one year. The term of your subscription will be clearly defined in your chosen package.
Service Description: Our WordPress Care Plans Packages include services related to the maintenance, security, updates, and performance optimization of your WordPress website. The specific services included in your package will be detailed upon subscription.
Payment and Billing: You agree to pay the fees associated with your selected package on the agreed-upon schedule. Payments are typically billed on a monthly or annual basis, depending on your chosen subscription term. Late or non-payment may result in the suspension or termination of services.
Service Commencement: Our services will commence upon successful subscription and receipt of the initial payment.
Refund Policy: We do not offer refunds for any fees paid for our WordPress care plans or hosting packages. If you choose to cancel your subscription, no pro-rated refunds will be provided.
Termination: You may cancel your subscription at any time, but we reserve the right to terminate services at our discretion if you violate these Terms and Conditions or engage in any activity that harms your website or our services.
Website Access: To provide our services, we require access to your WordPress website and hosting environment so that we can move these services over to our care. You agree to provide us with the necessary access and credentials to perform the website files migration.
Liability: We will make every effort to maintain and secure your website, but we cannot guarantee that it will be entirely free from technical issues, security breaches, or other unforeseen problems. We are not liable for any damages, losses, or expenses resulting from the use of our services.
Design & Development Payment Policy
Once a website has been designed, completed, and launched, the full payment, or on a monthly basis based on completed works, is then due in accordance with our payment terms. There are no exceptions to this, i.e., if the client decides they no longer want the site, as they have commissioned the work, they are still obliged to pay for the work that has been done. Non-payment will result in legal action being taken if necessary.
Passing of Rights
Once all amounts due to us from you are paid and cleared, you are assigned the rights to use, as applicable, the products and services, including the web site, which includes the text, graphics, animation, audio components, and digital components contained within the finished web site, in accordance with these terms and conditions.
No such rights as described above will pass until all amounts due to us from you are paid. This means that we will have a lien over any service, product, data, or information. If you have not paid the invoice in full within 2 months from the date of the invoice, you agree that you will forfeit your rights.
The rights to photographs, graphics, and any third-party items, such as source code, always remain the property of their respective owners.
Informal complaints procedure
Anyone who experiences a problem with their web service provided by Orcadia Design should raise the matter directly with Orcadia Design, giving sufficient information to locate the material (such as a url) and clearly outlining the grounds for complaint.
Orcadia Design will approach the individual responsible for the material in question with a view to resolving the matter to the satisfaction of the complainant.
Formal complaints procedure
The formal complaint procedure should only be used where the complainant feels that the nature of the complaint is too serious to be dealt with informally or where a satisfactory conclusion has not been reached after following the informal procedure.
A formal complaint should be made in writing to Orcadia Design, who will acknowledge receipt and ensure that the matter is looked into as soon as possible.
An initial response to any complaint can be expected within seven days of its receipt; a full and considered response to the complaint should be completed within 30 days and any subsequent remedy should be implemented with the minimum of delay.