Small Print
Terms & Conditions
Set at: November 2nd, 2009. Revised on: Friday 1st July, 2022
Welcome to the Warren Creative website. If you continue to browse and use this website you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our Privacy Policy govern Warren Creative’s relationship with you in relation to this website. The term ‘Warren Creative’ or ‘us’ or ‘we’ refers to the owner of this website whose registered office is: 2nd Floor, 168 Shoreditch High Street, London, E1 6RA. The term “you” refer to the user or user of this website.
The use of this website is subject to the following terms of use:
The content of the pages of this website is for your general information and use only. It is subject to change without notice. Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements. This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions. All trademarks reproduced in this website, which are not the property of, or licensed to the operator, are acknowledged on the website. Unauthorised use of this website may give to a claim for damages and/or be a criminal offence.
From time to time this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).
You may not create a link to this website from another website or document without Warren Creative’s prior written consent. Your use of this website and any dispute arising out of such use of the website is subject to the laws of England and Wales.
By ordering any service or product from Warren Creative you are agreeing to the following terms and conditions of sale:
- General Conditions
- Either party shall have the right to terminate the Contract immediately by giving notice in writing to the other party in any of the following events:
- Where in the instance that a timescale has been given and the delay has been caused by any party excluding Warren Creative, then we will not be held responsible for any money lost to the client if the deadline has not been met.
- At times, any work undertaken by us, which has been quoted; may, by giving prior written notice incur a specification change or additional costs. Charges are non-negotiable and may not be negotiated against work to be completed. Any charges will not be deemed unreasonable.
- In accordance with clause 1.3, Warren Creative will not carry out any further work on the specified project until an agreement has been reached.
- Where the client is from overseas then British Law will govern all conducts of business and business transactions. Reference overseas means any other country outside England and Wales.
- The headings in this document are intended for reference only.
- Subject to the remainder of these terms and conditions of business, the price for all services supplied by Warren Creative to the Client will be subject to an estimate provided by Warren Creative to the Client. The nature and extent of all services to be supplied to the Client will form part of the estimate and, taken together with these Terms and Conditions, will form the extent of any contract between Warren Creative and the Client. Upon either verbal or written acceptance of the contract terms by the Client, the contract becomes legally binding as between the Parties.
- Should the Client delay the project timeline dramatically beyond the initial proposed timeline, then Warren Creative reserves the right to defer the project and/or recover further fees in this regard to cover administration of the account.
- Domain Registration
- The flat fee set at registration, shall be for a period of two (2) years only (unless specified otherwise at time of purchase) and automatically renewed prior to expiry.
- It is the client’s responsibility to verify and approve domain names prior to registration. Warren Creative will not be held liable for verbal misinterpretations or email requests.
- All new domain names will be processed once monies have been cleared for payment.
- Warren Creative will not be held responsible for any failure to register domain names but will return all registration payments to the client.
- Upon renewal we will notify you by telephone, letter or invoice as an indication that your renewal is due, it is then up to you the client to respond. Failure to respond will result in your domain becoming unusable, or returned to be re-registered.
- Whilst every effort is made to renew the domain name Warren Creative are not responsible should a domain become de-tagged or suspended.
- Warren Creative will not renew a domain until the renewal fee has been paid in full. Failure to pay may incur further charges from us.
- Warren Creative will charge an administration fee of £75.00 +VAT where applicable for amends or cancellations to domains, ownership transfers, Name Server Requests, IPS tag changes and/or technical requests.
- To cancel the automatic renewal of a domain name, Warren Creative require one (1) month’s written notice to this effect. Communication received after this time and the domain name is renewed, the client is liable to pay for the domain renewal.
- Design
- Warren Creative make every effort to design projects for the most popular browsers and operating systems, but cannot accept responsibility for pages which do not display correctly in new or extremely old or complex versions.
- Warren Creative are not responsible for third party costs should the client introduce a third party designer or developer into the project. We are not prepared to reduce our fees should the client introduce a third party to assist with the project.
- If you require an amendment to the design to take account of any application function or performance criteria not previously specified then we will be entitled to make such revision to the timetable and the completion date. We may adjust our fees accordingly, which you will pay following prior consultation and agreement between us. In the event that a fee for the additional work cannot be agreed upon then we will be under no obligation to undertake the additional work, such work and this contract will continue in full force and effect.
- It is understood that should the Client delay the project timeline dramatically beyond the initial proposed timeline, then Warren Creative reserves the right to defer the project and/or recover further fees in this regard to cover administration of the account.
- Deposit and Balance
- Your deposit becomes non-refundable due to the nature of work that has already been undertaken to gain the business. Only under extreme circumstances would a refund be viable. We understand that if no work is carried out and the project is cancelled within fourteen (14) days a refund would be made available less any administration and expenses.
- The client agrees to pay the balance in full immediately before the website is due to go live, if a site is published before payment is received you agree that Warren Creative have the right to disable part or all of the service until payment is received.
- All deposit and advance payments are non-refundable and in the event that the Client seeks to withdraw from the contract at any stage, the Client agrees to pay Warren Creative for the work completed to date, including, but not limited to, any costs, expenses or payments or other losses incurred by Warren Creative in compliance with the contract.
- On occasion when advanced payment is received by Warren Creative (for example: Deposits or Advanced Full Payment for any order) all the required information/content needed to complete the order must be supplied to Warren Creative within three (3) months (from receipt of payment) or the order will be cancelled with no refund or credit note provided.
- All quotes and estimates provided prior to project commencement are valid for sixty (60) days. It is also understood that should any project be delayed by Client response times beyond the original anticipated and agreed timescale, this could have an effect on the quality of the final product, possibly incur additional cost and in rare cases require an end to the project commission prior to completion. It is understood that any amendments or changes not detailed within the project proposal could incur additional cost, however, any increased charges will be agreed by both parties prior to commencement.
- Project Definition
- The Project Definition is given to aid the site, the client and Warren Creative with a guide to how the site should be published, this is a low-level document.
- Warren Creative have the right to amend the Project Definition without prior written notice, as the promise that it still fulfills all the agreed initial requirements of the project.
- The client may also amend the Project Definition by giving seven (7) days notice, the changes may incur further costs and these costs will be advised before they are applied.
- Overall Project
- Warren Creative retain the right to disable a project, website, FTP access, email service or temporary disable the service at any stage due to non-payment of an invoice. The service will resume once payment has cleared.
- Warren Creative retain the right to remove themselves from any project without giving notice.
- Warren Creative will not become responsible for any loss of income, loss of business or profits should a website become disabled.
- Warren Creative will not be held responsible for any loss of income, loss of business or profits should a web site become unavailable due to a problem either in or out of Warren Creative’s control. An exception to this term is if we are proven totally negligent against the problem.
- Warren Creative will not become responsible for any loss of income, loss of business or profits should a web project be delivered behind schedule. Every effort is made to deliver the project on course and to all given dates.
- Warren Creative retain the right to charge extra for enhancements and/or additional amendments, providing such extra charges are first agreed in writing with the client.
- Unless otherwise agreed Warren Creative may deliver a project in a stage process, no responsibility will lie with us should this situation arise with respect to loss of income, loss of business or profits due to a staged project.
- Following the completion of all web projects, the client will immediately become responsible for all marketing of the project, unless otherwise stated or sold to as a web marketing package.
- Any estimate of timing given to you by Warren Creative either in these terms or by other means is based on our calculation of time to be spent by us alone and does not include any time spent by you.
- Where you fail to act within a specified time, minimum thirty (30) days, we will interpret your silence as acceptance.
- If we incorporate or embed third party software products in the website then such products will so far as possible be properly licensed to you or to us in accordance with the conditions of sale of the seller of the same. We give no warranty in respect of any such products beyond the warranty given to us. The provision of the software to you will be subject to the terms and conditions of the supplier of the software and you hereby agree to indemnify us for all loss, damage, costs, expenses and other claims arising from your use of the software.
- Testing and Acceptance
- The testing shall take place on a test site of our choice, available to you on the internet.
- We will test the website.
- If any fault or “bug” is found we will undertake such further work as is necessary until the testing procedure is satisfied as to 100%.
- When the test procedure is completed with 100% compliance, we will inform you and you may then test the website.
- Within seven (7) working days, you will inform us of any deficiencies in the operation of the website and in the absence of any such notification, you are deemed to have accepted the website.
- The project is complete after the occurrence of the earlier of the following events:
- the testing procedure has demonstrated 100% efficiency to both parties or you are deemed to have accepted the website in accordance with clause 8.5; or
- the website is published on the server of the website host or
- the system is approved at go-live date and any further testing or development work required will be undertaken within thirty (30) days post go-live date.
- Whilst we make every effort to make your website compliant to WC.org standards we are not held responsible if your site does not comply unless you specifically request it to do so (additional cost).
- It is understood that on the completion of any WordPress website supplied to the Client by Warren Creative that it will be the Client’s responsibility to maintain the website (including regular back-ups) keeping the WordPress CMS and any Plugin’s up to date – this not only improves the function of the website but also increases security reducing the risk of hacking. This can often be done by the Client’s website host provider, or a nominal fee can be agreed with Warren Creative on request. Warren Creative hold no responsibility to the security, upkeep or maintenance to the Client’s WordPress website after completion.
- Copyright and Content
- The copyright and all intellectual property rights supplied by the client shall remain the property of the client.
- The copyright and all intellectual property rights supplied by Warren Creative shall remain the property of Warren Creative.
- The contents of all reports, documents, specifications, presentations, software and documentation prepared, made or written by us for or to the client in working towards winning or developing a project will remain the property of Warren Creative along with it’s layouts, templates and design. Under no circumstances are the contents of said material to be dispersed, used, duplicated or distributed.
- Warren Creative are under no circumstances responsible for the content of its clients websites. Each site is proof read by the client before the ‘go-live’ date. All discrepancies should be dealt directly with the client.
- All domain names are registered in the clients name and not that of Warren Creative.
- The client purchases the rights to all source code, images, logos and construction code. The client has the right to add or amend any of this material, the client does not have the right to reproduce or distribute this material.
- The content management system (CMS) is owned and developed by Warren Creative for it’s clients; the client does not have any right to the source code and we will not make this available to the client.
- If the client instructs another web development company to become involved in the project then Warren Creative have the right to protect our CMS by safe-guarding parts of the code by username and password.
- CMS training assumes that the user is reasonably computer literate and is competent in using software such as Microsoft Word.
- The placing of an order by the Client or other person on behalf of the Client constitutes a guarantee that all necessary authority and permissions have been obtained in respect of the artwork, typefaces, design and photographs, for use in the Design. The Client must indemnify Warren Creative in respect of all actions, proceedings, costs, demands and claims arising from any such breach.
- WordPress websites use Open Source Code, which is available within the public domain; therefore it is not possible for Warren Creative to pass over Copyright to any such freely available source code.
- The Client will not hold Warren Creative responsible for any infringement of Copyright relating to the Design. It is the responsibility of the Client to ensure that no Copyright infringement will occur. Refunds will not be made in cases of such Copyright infringement.
- Intellectual Property Rights
Software code and graphic images owned by a third party are not affected by this agreement. During and after completion of the contract and unless otherwise specified in this agreement ownership of intellectual property shall be as follows:
- Website concepts, designs and images introduced by us, belong to us.
- We reserve the right to add a link to your website on the basis that we created the website. If you do not wish for us to exercise this right then you must notify us in writing prior to the website going live.
- We reserve the right to add a link to your website in the portfolio section of our website confirming that we developed the website. The primary purpose of this is to act as a showcase of the services we can provide to our clients but should also have the effect of increasing traffic to your website.
- Warren Creative shall at all times be entitled to use for purposes of self promotion any of the commissioned work or any description or illustration of the commissioned work (even if the intellectual property rights have been assigned to the Client).
- Confidentiality and Privacy
- Both parties shall treat as strictly confidential all information (whether verbal or in writing or on magnetic or other media) relating to the other parties business operations, associations, transactions, financial arrangements or in relation to any other activities, which is made available to either party hereunder save with the prior written consent of the other or where properly required by law.
- Any breach of the customer’s obligations under the terms and conditions will render the customer liable to Warren Creative for any and all costs and losses arising from or incurred as a result of such breach.
- The provisions of these clauses shall survive the expiration or termination of the project.
- Termination
- Either party shall have the right to terminate the contract immediately by notice in writing to the other in any of the following events:
- if the other party has committed any persistent or material breach of its obligations under the contract and does not remedy that breach within thirty (30) days after receiving written notice from the other party, or
- if the other party is unable to pay its debts (within the meaning of Section, Insolvency Act ) or a receiver, or similar officer is appointed over all or any part of the undertaking or assets of the other party, or a resolution is passed for the winding up of the other party (other than for purposes of reconstruction or amalgamation previously approved in writing by the other party) or a Court Order is granted to wind up the other party;
- by either party by giving fourteen (14) days written notice, all work which has been completed and paid for will be made available to the client on disc, less any administration work required;
- should a winding-up order be presented to Warren Creative or Warren Creative be in receipt of Section , Insolvency Act , any work completed on the clients’ project shall become the property of the client and be handed over to the client.
Warren Creative will charge an administration fee of £75.00 +VAT for any cancellation or termination of contracts regardless of fault.
- Insurance and Liability
- Warren Creative shall not be liable to the client for any indirect or consequential loss, damage, cost or expense of any kind howsoever caused whether arising under contract, tort (including negligence) or otherwise including (without limitation) loss of profits or contracts or revenue, loss of or corruption to data, loss of business, goodwill, or anticipated savings.
- Force Majeure
- Neither party shall be liable for delay or failure to perform any of its obligations under the contract if the delay or failure result from acts of God, fire, explosion, flood, war, riots, acts of terrorism, acts of Government, sabotage, civil commotion or severe weather conditions which are beyond its reasonable control (“Force Majeure Event”).
- Such delay or failure shall not constitute a breach of this contract and the time for performance shall be extended by a period equivalent to that during which performance is so prevented, provided that if such delay or failure persists for more than three (3) months nothing in this clause shall be taken to limit or prevent the exercise by either party of its right of termination.
- Payment and Terms
- In consideration of the proper performance of Warren Creative’s obligations hereunder, the client shall pay Warren Creative the design fee, the hosting charge and all other applicable charges due hereunder.
- The client shall pay all sums due to Warren Creative hereunder within fourteen (14) days after receipt by the client of an invoice or, if by prior agreement, on the due date of payment.
- The customer shall notify Warren Creative within seven (7) days after receipt of an invoice, if the customer considers that the invoice is incorrect or invalid for any reason and the reasons for withholding payment.
- Where applicable, VAT and any other taxes or duties shall be paid by the customer at the then prevailing rate.
- We reserve the right to charge you interest in respect of late payment of any sums due under this agreement at the rate of 5 (five) per cent (5%) above the base rate of the Bank of England per day from the due date until receipt of payment.
- When you order work to be paid outside of our initial estimate, we will provide an update estimate of the cost of such work. You agree to pay us the estimated sum. We do not have to continue with any work on the contract until we have received payments into our bank account as stated within the quotation payment schedule.
- New clients to Warren Creative are required to pay a 50% deposit on the estimated cost of the project. The deposit applies to the first two projects and thereafter, work will be invoiced on completion of the project or as stated in the estimate provided for that work.
- Warren Creative reserve the right to charge a deposit fee on any project they see fit, for new and existing clients, and the deposit term shall form part of the estimate and terms agreed for that project.
- All deposit and advance payments are non-refundable due to the nature of work that has already been undertaken to gain the business. We understand that if no work is carried out and the project is cancelled within fourteen (14) days a refund would be made available less any administration and travel costs if applicable. In the event that the Client seeks to withdraw from the contract at any stage, the Client agrees to pay Warren Creative for the work completed to date, including, but not limited to, any costs, expenses or payments or other losses incurred by Warren Creative in compliance with the contract.
- On occasion when advanced payment is received by Warren Creative – for example: deposits or advanced full payment for any order – all the required information and/or content needed to complete the order must be supplied to Warren Creative within three (3) months (from receipt of payment) or the order will be cancelled with no refund or credit note provided.
- It is also understood that should any project be delayed by Client response times beyond the original anticipated and agreed timescale, this could have an effect on the quality of the final product, possibly incur additional cost and in rare cases require an end to the project commission prior to completion. It is also understood that any amendments or changes not detailed within the project proposal could incur additional cost, however, any increased work/charges will be agreed by both parties prior to commencement.
- Disclaimer
- Warren Creative do not make any claim that the internet will make the client wealthy, Warren Creative on occasion may use consultants who help manage a project, the views of the consultants are judged only on their knowledge and experience to date. We do not make any claims that by using us your site will become listed on the top of all search engines. No responsibility shall lay with us should these judgements be made at any time.
- We do not accept any loss of any kind whatsoever through the use of Warren Creative.
- Warren Creative is not responsible for loss or damage to clients’ data due to website hacking, spamming, phishing, farming, malicious software, spyware, viruses or spoofing originating from a clients website or online system.
- Exclusions
Unless otherwise agreed in writing between us to form part of the services we will be under no obligation (unless stated otherwise) to provide any of the following:
- Registration of necessary domain names;
- Arrangement of merchant server banking facilities;
- Contracting for web hosting services and the provision of appropriate firewalls;
- Supply new or change existing customer email message system;
- Purchase of any necessary computer hardware and software;
- Search engine optimisation.
- Successors to the Agreement
- The benefit and obligations of this agreement shall be binding on any successor in title. If this situation should occur the client will receive a full copy of the website as stated to retain for themselves in a format and cost to be agreed between the parties.
- Neither party shall be entitled to assign this agreement nor all or any of their rights and obligations hereunder without the prior written consent of the other.
- Notices
- Any notice to be served on either of the parties by the other may be sent by Royal Mail recorded delivery.
- Waiver
- The failure by either party to enforce at any time or for any period, any one or more of the terms and conditions of this document, shall not be a waiver of them or of the right at any time subsequently to enforce all terms and conditions of this document.
- Jurisdiction
- These terms and conditions shall be interpreted according to the Laws of England and the parties agree to submit to the exclusive jurisdiction of the English courts.
- Delivery of Goods
- At Warren Creative’s sole discretion, delivery of the goods shall take place when: (a) the client takes possession of the goods at Warren Creative’s address; or (b) the client takes possession of the goods at the client’s address or other address nominated by the client (in the event that the goods are delivered by Warren Creative or Warren Creative’s nominated carrier); or (c) the client’s nominated carrier takes possession of the goods in which event the carrier shall be deemed to be the client’s agent.
- The costs of delivery are included in the price unless stated otherwise.
- The client shall make all arrangements necessary to take delivery of the goods whenever they are tendered for delivery. In the event that the client is unable to take delivery of the goods as arranged then Warren Creative shall be entitled to charge a reasonable fee for re-delivery.
- Delivery of the goods to a third party nominated by the client is deemed to be delivery to the client.
- Warren Creative may deliver the goods by separate installments. Each separate installment shall be invoiced and paid for in accordance with the provisions in these terms and conditions.
- The client shall take delivery of the goods tendered notwithstanding that the quantity so delivered shall be either greater or lesser than the quantity purchased provided that: (a) such discrepancy in quantity shall not exceed five (5) percent (5%); and (b) the price shall be adjusted pro-rata to the discrepancy.
- The failure of Warren Creative to deliver shall not entitle either party to treat this contract as repudiated.
- Warren Creative shall not be liable for any loss or damage whatever due to failure by Warren Creative to deliver the goods (or any of them) promptly or at all.
- Please check your order as soon as you receive it and contact Warren Creative within seven (7) working days if there is a problem. If goods are not rejected by the client within seven (7) days of delivery then they are deemed accepted.
- Warren Creative will not be liable if we are unable to fulfill our obligations as specified in these terms and conditions due to events such as machinery failure, computer dysfunction, paper dis-colouration, ink offset, strikes, accidents or shortages of materials, loss of transmission link or any other circumstances outside of our control.
- Warren Creative will do its best to supply the goods and services at the prices agreed but Warren Creative reserves the right to increase its prices to take proper account of fluctuations in exchange rates and/or increases in the cost of materials or other factors which are not under Warren Creative’s control.
- Claims arising from damages, delay or partial loss in transit must be made in writing to Warren Creative, so as to reach us within seven (7) days of delivery.
- All claims with regard to the quality or quantity of the goods shall be made in writing by the client to Warren Creative so as to reach us within seven (7) days of receipt of goods or such goods shall be deemed to comply as to quality and quantity within the terms of the contract.
- The client must examine all goods delivered at the time of delivery. Warren Creative shall not be liable for any loss arising from damage caused to the goods in transit unless loss or damage is noted on the delivery note at the time of delivery.
- Typographical Errors
- In the event that a Warren Creative product is mistakenly listed at an incorrect price, Warren Creative reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. Warren Creative reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your payment received. If your payment has already been received for the purchase and your order is cancelled, Warren Creative shall issue a credit to your account in the amount of the incorrect price.
- Search Engine Optimisation and Social Media Services
- These terms clarify the agreement between Warren Creative and the client for the provision of consultancy and services within English Law. These terms are designed to protect the rights of all parties for all work performed and to align mutual expectations of engagement and are shown openly to form our contracted conditions of work.
- Fee rates are quoted for a seven (7) hour working day. Parts of a day and excess hours are charged proportionately. Project fees are estimated in accordance with work specified in writing by Warren Creative. If original estimates prove incorrect Warren Creative will give the client notice of potential changes before delivery. Work expenses, VAT and subsistence costs are chargeable to the client at cost.
- Monthly project work will commence after the first months payment has been taken.
- Travel is calculated on a basis to and from work as agreed with the client. UK vehicle mileage allowances are based on the published Automobile Association rates at the time of travel.
- Package based work will not commence until the first instalment has been made and the subscription in place. Consultancy and one to one based work is charged at an hourly rate and will be agreed with the client before the work commences. Invoices will be raised after the consultancy has taken place.
- Payment beyond twenty-eight (28) days attracts compound interest of one percent (1.0%) per month. Non-payment entitles Warren Creative to suspend further work for the client. This interest charge reflects current statutory legal obligations on all UK purchasers.
- Reports, documents and advice from Warren Creative to the client are for the sole use of the client and should not be divulged to third parties without the prior consent of Warren Creative. Communications and correspondence may be recorded confidentially for training and quality control purposes.
- Confidential information provided by the client for the delivery of the project by Warren Creative will not be divulged to third parties without the prior consent of the client.
- Both parties will safeguard each other respective intellectual property so that any ideas, documents and proprietary rights will be the assigned property of the initiating author. Ownership of materials bought for the client will remain with Warren Creative until full payment by the client. Warren Creative copyright is assigned to the client only for internal use under each individual project terms of reference. Warren Creative and the client can publish project successes to share learning outcomes with relevant parties.
- Warren Creative will work to agreed terms of reference on the basis that these do not imply warranties or guarantees. Work is reliant on information and support from the client and Warren Creative is not liable for any consequential losses. Warren Creative performance is subject to the timely supply of support information and facilities by the client. Liability for any loss or damage sustained by either party as a result of the performance or non-performance of work shall be limited to the amount of the payments falling due under this Agreement. Illness or death within Warren Creative or the client will not create liability for consequential loss.
- The client can terminate specific time booked with Warren Creative if mutually acceptable on the following terms:– One hundred percent (100%) payable if cancelled within thirty (30) days of time booked
– Seventy-five percent (75%) payable if cancelled within sixty (60) days of time booked
– Fifty percent (50%) payable if cancelled within ninety (90) days of time bookedWarren Creative can reduce such cancellation fees if the time booked then cancelled is subsequently filled with equivalent paid work for the same time and values originally booked. All expenses incurred by Warren Creative on behalf of the client shall become payable irrespective of the date of termination.