The following are the standard terms and conditions referenced in the preceding agreement / contract / terms and conditions between Smoking Rocket and [You, the Client].
Please peruse these details thoroughly. Initiating work with Smoking Rocket is a multi-step process that includes accepting quotations, paying invoices or deposits, and expressly instructing us to commence work. Undertaking any of these actions signifies your full compliance with and acceptance of these terms and conditions.
1. DEFINITIONS
– “Smoking Rocket Media LTD” refers to the company located at 19 Bessemer Crescent, Aylesbury, HP19 8TF.
– “The Client” is the party entering into a contract with Smoking Rocket.
– “Domain Name” is the primary web address of a website (for example, www.smokingrocket.co.uk), which must be registered with the relevant authorities, usually for a fee.
– “Downtime” is when the website isn’t accessible online, possibly due to technical issues or maintenance.
– “Host” refers to the company providing the physical server space where the website is stored.
– “Link” or “Hyperlink” is a clickable connection on a webpage, either in text or graphic form.
– “Search Engine” is a website that indexes other websites, allowing users to search for sites by topic.
– “Website” refers to a set of interconnected webpages, including multimedia content, typically identified with a common domain name.
– “The Work” is the project or tasks to be completed as per the contract between the Client and Smoking Rocket.
2. FEES
2.1 Fees Due:
An initial non-refundable 50% deposit of the total fee is required to start the Work. The next 25% is due upon design approval and before coding begins. The remaining 25% is payable when the site is live and meets the Client’s reasonable satisfaction, subject to terms in Clauses 4.3 and 4.4. Smoking Rocket might not start work until the full deposit is received. Prices may differ for each website project.
2.2 Maintenance Fees:
If included, maintenance is billed monthly, with a minimum of one hour charged for any month when updates occur. The rate is £65 per hour or a portion thereof. No fee applies in months without updates. Search engine re-submissions beyond the initial submission included in the contract fee will incur the maintenance fee.
3. DISCLAIMERS
3.1 Third-Party Services
Smoking Rocket disclaims responsibility for any third-party services, including website hosting. While efforts are made to minimise website downtime, Smoking Rocket retains the right to cancel the contract and demand full payment if a third party interferes at the Client’s behest.
3.2 Error Maintenance and Corrections
Post-completion website functionality or maintenance is not Smoking Rocket’s responsibility unless stipulated by a maintenance agreement. Smoking Rocket will rectify errors attributed to it at no cost, but reserves the right to charge for corrections arising from third-party actions or Client-provided content.
3.3 Scope of Work
Work is confined to website file uploading to the Host and functionality testing. Search engine registration is not included unless specified.
3.4 Indirect Loss
Smoking Rocket is not liable for losses or damages stemming from software misuse or failure. Clients are advised to regularly back up data and maintain contingency plans.
3.5 IT Support and Data Liability
Smoking Rocket provides IT support but does not accept liability for any loss of data, emails, images, files, or other content hosted on ours or third-party software, servers and services, including but not limited to hosting services, Microsoft Exchange, OneDrive, Dropbox. It is the responsibility of the Client to safeguard their files and ensure appropriate backups are in place. Smoking Rocket will not be liable for losses, misuse of software or storage, or client errors leading to file deletion.
3.6 Offer Validity
Proposals are valid for one month. Smoking Rocket is not obligated to honor expired proposals. Legal binding occurs upon mutual agreement on the project timeline within the offer’s validity period.
(Optional Clause 3.7)
3.7 Search Engine Positioning**
Smoking Rocket makes no guarantees regarding search engine rankings. The Client acknowledges the volatile nature of search engines and that listings, organic SEO, and Pay Per Click (PPC) placements are non-refundable services.
4. COMPLETION AND PAYMENT
4.1 Work Completion:
Smoking Rocket commits to completing the Work per the agreed specifications. Costs won’t exceed the quoted amount unless the Client changes the Work specifications. Any changes that increase costs require the Client’s written approval.
4.2 Material Supply:
The Client must provide all necessary materials. Delays caused by the Client may lead to deadline extensions or contract cancellation, with possible invoicing for completed work or a request for full payment.
4.3 Work Approval:
The Client can review and approve the Work. Any dissatisfaction must be reported within three days. Unreported work is considered approved, concluding the contract and triggering final payment.
4.4 Work Rejection:
Repeated unreasonable rejections by the Client may lead to contract termination, with Smoking Rocket seeking payment for completed work and expense recovery.
4.5 Payment:
Final payment is invoiced post-review and due within one day, unless otherwise agreed.
4.6 Overdue Payment:
Non-payment can result in work suspension or website removal until full payment. This doesn’t waive the Client’s payment obligations.
5. INTELLECTUAL PROPERTY
5.1 Proposals:
Proposals are Smoking Rocket’s confidential trade secrets and must not be shared without permission.
5.2 Client Warranty:
The Client guarantees they have the rights for materials provided and indemnifies Smoking Rocket against related legal actions.
5.3 Domain Names:
The Client owns any obtained domain names but must indemnify Smoking Rocket against related claims.
5.4 Licensing:
Upon full payment and approval, the Client receives a Website license.
5.5 Trade Secrets:
Confidential code can’t be shared, published, or altered without consent. Client secrets will be respected.
6. RIGHTS AND RESPONSIBILITIES
6.1 Termination Rights:
Smoking Rocket can refuse or terminate contracts for illegal, immoral, or objectionable content or material, demanding immediate full payment.
6.2 Force Majeure:
Smoking Rocket isn’t liable for breaches due to unforeseeable events beyond its control.
6.3 Service Supply and Pricing:
Smoking Rocket can choose third-party services and change prices without notice, excluding existing contracts.
7. LEGAL
7.1 Jurisdiction:
The contract is under the laws of the United Kingdom.
7.2 Contract Survival:
Invalid or unenforceable contract terms don’t affect the remainder.
7.3 Terms Changes:
These terms may change, with updates provided to the Client.