Terms & Conditions
By placing an order with Cloudy Bites, you confirm that you are in agreement with and bound by the terms and conditions below.
This Agreement may only be varied by a document signed by both Cloudy Bites and the Client. The Contracts (Rights of Third Parties) Act 1999 shall not apply to this Agreement and no person other than the Contractor and the Client shall have any rights under it.
This Agreement and any dispute or claim arising out of or in connection with it shall be governed by and construed in accordance with the law of England. The courts of England shall have exclusive jurisdiction to settle any dispute or claim arising out of this Agreement.
1.1 Cloudy Bites will carry out work only where an agreement is provided either by email, telephone, or mail. Cloudy Bites will carry out work only for clients who are 18 years of age or above. An ‘order’ is deemed to be a written or verbal contract between Cloudy Bites and the client; this includes telephone and email agreements.
1.2 Cloudy Bites will not be liable or become involved in any disputes between the site owner and their clients or any third parties and cannot be held responsible for any wrongdoing on the part of a site owner.
1.3 Unless caused by the malicious act of Cloudy Bites or one of its agents Cloudy Bites will not be liable for any costs incurred, compensation or loss of earnings due to and of the following:
– the work carried out on behalf of the client or any of the client’s appointed agents.
– website content created by the client via the CMS system.
– website bugs, viruses, malware or the unavailability of the site, its servers, software or any material provided by its agents.
– email downtime or issues with emails going into customers/client’s spam folders
– a domain being blacklisted by Google
– a decline or lack of search engine rankings, website visits, leads or sales
1.4 Cloudy Bites will undertake all work outlined in the quotation document agreed by the client. Any additional requests from the client which are not outlined in the quotation document can be declined or will incur additional costs to the client.
1.5 Whilst every endeavour will be made to ensure that the website and any scripts or programs are free of errors, Cloudy Bites cannot accept responsibility for any losses incurred due to malfunction of the third-party server, domain name provider or any third party access that the client may have granted.
1.6 Unless otherwise agreed, all development of the client website will be completed on the Cloudy Bites servers. Once the project is complete and all fees are paid, the development will be transferred to the client server.
1.7 If Cloudy Bites are redesigning or redeveloping a client’s website, if search engine/SEO rankings are decreased, Cloudy Bites will not be held accountable or liable.
1.8. Cloudy Bites will not be liable for any costs incurred or loss of earnings if the new website is making less turnover or profit as the previous website.
1.9. Cloudy Bites will not be held liable or responsible for any of the following
– consequential loss
– special or indirect damages
– loss of profits
– liquidated damages
2.1 Cloudy Bites will endeavour to ensure that any developed/designed website or application will function correctly on web browsers Safari, Chrome, Firefox, Edge, Microsoft Internet Explorer Version 11 and above.
3. Database, Application and Website Development
3.1 Cloudy Bites cannot take responsibility for any losses incurred by the use of any software, service or product created 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.
3.2 The client is expected to test fully any application or programming relating to a site developed by Cloudy Bites before being made generally available for use. Where “bugs”, errors or other issues are found after the site is live, Cloudy Bites will endeavour (but is not obliged to) to correct these issues to meet the standards of function outlined in the brief
4.1 The website, graphics and any programming code remain the property of Cloudy Bites until all outstanding accounts are paid in full.
4.2 Cloudy Bites cannot take responsibility for any copyright infringements caused by materials submitted by the client. We presume that all content submitted by the client is provided with full copyright permissions. We reserve the right to refuse any material of a copyrighted nature unless adequate proof is given of permission to use such material.
5. Website and Logo Design
5.1 During the design stage, we welcome “tweaks, changes or additional drafts at no additional charge”. This is within reason. If the logo design submission exceeds 15 drafts or a web page design exceeds 7 drafts without clear and consistent feedback/direction from the client then additional design fees may apply.
5.2 Unless otherwise stated in the quotation document, we ask for four working days to complete logo design drafts (standard logo service, not graphical illustration logos) and five working days to complete web page design drafts. These figures are per draft submission. We will do our utmost to fulfil these estimations, however, delays are possible.
5.3 If we are working on a logo design and website design, we will work on the logo design first. Once the logo design is signed off, we will commence work on the website design. Website design lead times are from the date of logo design sign off.
6. Website Deliverables and Lead Times
6.1 All lead times stated in the quotation document are estimations. We will do our utmost to fulfil these estimations, however, delays are possible. The client will be informed upfront of any predicted delay in deliverables.
6.2 Any delay/failure by the client to submit content, pay invoices, respond to our communications, or sign off designs will likely result in the project being delayed beyond the estimated lead times.
6.3 The quotation document breaks down the elements that Cloudy Bites will design/develop for the project. If, for technical reasons, a certain element or elements of the project cannot be completed to a satisfactory standard, the client will be informed in writing and will not be charged for this element. The other elements will be completed and paid for as agreed.
6.4 The lead times refer to the initial design drafts or the initial development submissions. If additional design drafts or development changes are requested by the client then the lead times will likely increase.
6.5 If the work remains incomplete due to The Client’s failure or delay in providing content or communications within a timely manner, the full payment will be due on the estimated project completion date.
7. Return and Refund policy
7.1 Because all our work is produced specifically for each customer, returns and refunds are not available. Once client fees have been paid, research, planning and team allocations are made, which are not labelled in the quotation documents but are part of the project work. All fees paid are non-refundable.
7.2 Once a project quotation has been agreed and the first payment has been made, there is no allowance for cost negation unless the project specification changes.
8. Cancellation Policy
8.1 We will work with our clients to help ensure that every single one of them is completely happy with the work we produce. In the unlikely event that we are unable to satisfy the customer’s needs, cancellation of the project must be made in writing by the client. In the event that work is postponed or cancelled at the request of the Customer, we reserve the right to retain all monies paid to date. In the event that more than the amount of the deposits worth of the anticipated work is completed, additional payment will be due, based on the percentage of work completed. If additional payment is due, this will be billed to the client within 7 days of notification of cancellation.
9. Delivery Policy
9.1 Due to the electronic and virtual nature of our work, no physical product will be delivered. The Client must work with us to complete the website in a timely manner. In some cases, delays receiving materials or other circumstances can slow the process of development. However, assuming no delay of the signing of the contract and securing the deposit, we agree to make all reasonable efforts to complete each project in a timely manner. We reserve the right to cancel the contract at cost to the client should significant delays be experienced that are outside the developer’s control. Examples include, but are not limited to:
-lack of logos or design ideas where requested
-lack of return communication or correspondence
-failure to make required decisions
-acts of God
-other significant disruption
9.2 Upon any of these circumstances payment for all work already completed will be calculated and the final bill will be modified, all existing payments will be forfeit.
9.3 Cloudy Bites will not be liable for costs incurred, compensation or loss of earnings due to the failure to meet agreed deadlines.
10. Limitation of liability
10.1 – To the fullest extent permitted by law, the total aggregate liability of Cloudy Bites to the client, and anyone claiming by, through or under the client in connection with or in any way related to The Project shall in no event exceed Cloudy Bites fee for the Project.
10.2 – Without prejudice to clause 10.1 and for the avoidance of doubt, Cloudy Bites shall have no liability whatsoever to the client in respect of any claims from the client in relation to loss of profits, loss of business or indirect losses or consequential damages of any kind arising out of these terms and conditions and/or Cloudy Bites performing work in relation to the Project.