Whitestone Media Group - Terms and Conditions

The following terms and conditions apply to all services provided by Whitestone Media Group Ltd to the Client.
Please be sure to read them carefully as any purchase or use of our services implies that you have read and accepted our terms and conditions.

Definitions

The Client: The company or individual requesting the services from Whitestone Media Group Ltd.

Whitestone Media Group Ltd: Primary designer & developer.

Whitestone Media Group Ltd will be referred to as Whitestone Media Group.

The Project: Web design, or other computer-related services being provided to the Client by Whitestone Media Group Ltd.

Project Completion: Completion of components outlined in project breakdown.

Launch: Upload to the server or release of materials to the Client.

Acceptance

The terms and conditions apply whether or not a client has signed an acceptance of them. By accepting a quote, the client is considered to have reviewed the applicable terms and conditions and agreed to them fully.

Agreement

Whitestone Media Group Ltd will commence work only after reaching a mutual agreement with the client through email, phone, mail, or fax. An ‘order’ constitutes a written or verbal contract between Whitestone Media Group Ltd and the client, including agreements made over the phone or email. It is the client’s responsibility to please review the project proposal, cost breakdown, quote, terms and conditions thoroughly to ensure all details are captured, understood, and agreed upon by both parties before work begins.

Timeframes

Unless the client and Whitestone Media Group agree otherwise, project completion may take 1 to 2 months after all necessary content is received from the client. This includes, but is not limited to, copies of the business logo, photos, text and contact information. The timeline may also be impacted on the project’s scale. Whitestone will discuss expected timeframes with the client before starting. Whitestone will complete projects as soon as reasonably possible and will make their best efforts to stick within the estimated timeline.

We ask that you please understand in order to produce high-quality work sufficient time must be allocated for each project.

Website Content

For Whitestone to complete your website project on time, we require you to provide all necessary content – including logos, text, images, and other relevant materials – within 4 weeks of your initial payment, unless it has been agreed otherwise over the phone or via email/text/Whatsapp.

We must schedule our work carefully to ensure the timely completion of each client’s website. If we do not receive your required information within the agreed timeline, resulting delays may force us to turn down other work. On any occasion where progress cannot be made with your website because we have not been given the required information in the agreed time frame, and we are delayed as result we may impose a surcharge of up to 10% on your project.

If you fail to supply the required information, we reserve the right to close the project and retain any monies paid.

If you could please provide your materials promptly, we will be able to deliver a high-quality website on schedule.

Please Note: We are happy to accept text via PDF, Word Document, Email, WhatsApp and Facebook Messenger. We cannot accept text via iPages. When sending photos please send them via Email, Dropbox, WeTransfer, Google Drive or OneDrive to keep the photo files as high-quality as possible. Photos sent via Whatsapp or Facebook Messenger will likely be too low quality for use on the website.

If the Client would like us to provide a system that they can upload content to, please let us know and we will provide you with a link to do so.

Website Design

Though we strive to keep every website and all scripts and programs error-free, Whitestone Media Group Ltd cannot be held liable for any losses resulting from malfunctions, if they do occur at any time, on the website or any part of it.

The website, graphics, and any programming code will remain the property of Whitestone Media Group Ltd until the client pays all outstanding accounts in full, unless the client previously provided them. For example, Whitestone has transferred the Client’s existing website over onto Whitestone’s server from another provider.

All scripts, CGI applications, PHP scripts, and software (unless otherwise agreed) written by Whitestone Media Group Ltd. remain the copyrighted property of Whitestone Media Group Ltd., and may only be commercially reproduced or resold with express permission from Whitestone Media Group Ltd.

Whitestone Media Group Ltd cannot be held liable for copyright infringement resulting from materials submitted by clients. We reserve the right to reject any copyrighted material unless sufficient proof of permission to use it is provided.

The client will provide Whitestone Media Group Ltd with all required materials as soon as reasonably possible (required within 4 weeks of initial payment, as written above, unless agreed otherwise) to complete the site to the agreed-upon standard and meet the established deadline.

Whitestone Media Group Ltd cannot not be liable for any costs incurred, compensation sought, or loss of earnings claimed by clients resulting from a failure to meet agreed-upon deadlines.

Whitestone Media Group Ltd cannot be held responsible for any disputes between site owners and clients or for any wrongdoing by site owners.

Whitestone Media Group Ltd cannot be responsible for any costs, compensation, or loss of earnings that may result from the site, its servers, software, or other materials provided by its agents being unavailable.

 

E-Commerce, Databases and Applications

Whitestone Media Group does not take responsibility for any losses that may arise with the use of any software created for the client by Whitestone Media Group.

While we have made every effort to guarantee our products are accurate and free of issues, the ultimate responsibility for ensuring all software is fully tested and functioning properly before use lies with the client.

When developing applications or sites on servers not recommended by Whitestone Media Group, clients are expected to provide or obtain any information, additional software, support, or cooperation regarding the server that is needed for the application to be properly developed.

In the case of developing large applications, the client must ensure a testing environment is provided that matches the final production environment.
Before the site is made available for use, the client should fully test any application or programming related to it. If any issues like bugs or errors are found after the site is live, Whitestone Media Group will try to fix them, but they are not required to do so.

Charges

Whitestone Media Group provides service charges as outlined in the project quotation sent to the Client by email. Quotations are valid for thirty (30) days or the date specified in the invoice. After the 30-day period, Whitestone Media Group may adjust or refuse to provide a quotation.

Prices listed are estimates only and may change during the design and build process. Changes in the original fee can result from clients altering their requirements or from third-party costs beyond Whitestone Media Group’s control.

International Fees

Whitestone Media Group is not responsible for any fees associated with international payments or bank transfers. Clients must pay these additional charges, separate from the amounts invoiced by Whitestone Media Group. As a result, Whitestone Media Group does not accept arrangements involving shared charges for international transactions.

Settling of Accounts

For projects under £1000, full payment is required before work begins, unless otherwise agreed with the Client.

For projects over £1000, payment can be split into two stages, if agreed:

  • A 50 percent minimum advance payment of the total quoted project cost is required when the initial quote is accepted and before the project starts. Full payment may also be required at this stage for any third-party software and services, such as web hosting and domain names.
  • The remaining fifty percent of the project price is due upon completion of the work before the website is launched. The project is considered complete when all components listed in the project brief have been finished.

Any additional work or changes requested by the client that fall outside the agreed-upon project brief will not push back the due date for paying the outstanding balance.

If delays to the project timeline are caused by the client, the deadline for paying the remaining balance will not be extended.

Payment for services can be made by card or bank transfer. Bank details will be listed on all invoices. If the Client would like to pay by card this can be done via a requested link or over the phone.

Invoices will be provided by Whitestone Media Group. Invoices are sent out via email. Invoices are due upon receipt unless agreed otherwise.

Whitestone Media Group policy requires full payment of all outstanding invoices within the date listed on each individual invoice or twenty-eight (28) days of the invoice date, unless other payment arrangements have been made in advance with Whitestone Media Group.

Outstanding accounts that are unpaid past twenty-eight (28) days after the date of the invoice may be subject to an additional charge of one and one-half percent (1.5%) and/or a fixed amount per month of the total amount due until the outstanding balance is settled.

It is the Client’s responsibility to remember to pay the invoice within the due date.

If outstanding payments are not made website access may be revoked, completed work and web pages taken down, and legal action pursued for nonpayment. Unless, Whitestone Media Group has been notified and another agreement with the Client for repayment has been agreed. Unsettled court judgements can negatively impact a client’s credit rating.

If an invoice remains unpaid, Whitestone Media Group may involve solicitors who will contact the client to pursue legal action, including potential court summons, to obtain payment.

Going into Default

Accounts with unpaid invoices beyond the due date will be considered in default. If a client in default stores any information or files on Whitestone Media Group’s web space, Whitestone Media Group may remove this content at its discretion without liability for lost data. Removing content does not release the client from paying outstanding account charges. Clients in default must pay Whitestone Media Group’s reasonable expenses, including legal fees and third-party collection costs, that result from enforcing these Terms and Conditions.

Client's Responsibility to Review Works Carried Out

Whitestone Media Group will provide the Client with opportunities, upon request, to review the website’s appearance and content during the design phase. Once the overall project development is finished but before the site goes live or materials are released to the Client, the Client will be sent a the completed project to fully review. The Client must inform Whitestone Media Group of any required amendments within 28 days of completing the design and 28 days of completing overall project development. Upon project completion, Whitestone Media Group reserves the right to consider materials accepted and approved if no feedback is received from the Client within the 28 day review periods.

Additional Costs

If the client would like us to provide design mock-ups before starting the project, we can do so for an additional fee.

Please let us know right away if any changes are needed to the project description and quote. Any revisions after approving the quote, including designs or other materials, will incur extra charges.

Any further work the client requests on a completed project will be treated as a new project and billed separately.

The client agrees to reimburse our Whitestone Media Group for any extra expenses needed to complete the work, such as purchasing special fonts, stock photos, plugins, etc.

Varying Web Browsers

Whitestone Media Group strives to design websites that are compatible with the most widely used current browsers, such as Firefox, Edge, and Google Chrome. However, we cannot guarantee full functionality across all browser platforms and operating systems.

Whitestone Media Group cannot be held liable for web pages that do not display properly. As such, Whitestone Media Group reserves the right to quote any work required to update a site’s design or code for compatibility with browsers.

Rights and Ownership

You will have the right to use the products and services, including the website and its content, as applicable, once you have paid all amounts owed to us in full. These usage rights are subject to the terms outlined in this agreement, the Project Agreement, and any other relevant contracts, unless ownership rights are explicitly granted in the Project Contract.

The rights outlined above will not transfer until all amounts you owe are paid in full. If the invoice remains unpaid 3 months after the invoice date, you agree to forfeit those rights.

The rights to photographs, graphics, and other third-party materials such as source code always remain the property of their original owners.

Unless we have a specific written agreement setting out alternative terms, all products remain our sole property and we retain full ownership rights and intellectual property rights. This includes the Content Management System, interfaces, navigation, menus, icons, help features, instructions, code, software, and all other components comprising the Website, as well as all expressions of ideas, content, and design elements we developed or used. You agree not to infringe upon or undermine our rights, title, or interest in the Website, products, or services in any way. This includes any sale, transfer, or gift of any part of anything we own. You understand that we may reproduce, reuse, modify, or leverage anything within our ownership as we see fit.

 

Displaying Design Credit

If the Client requests removal of Whitestone Media Group’s design credit, a fee will apply: up to £200 for sites costing less than £5,000, or £250-£500 for sites costing more than £5,000. The credit will be displayed as small text or a small graphic at the bottom of the Client’s website. The Client agrees that Whitestone Media Group may showcase the website in its portfolio and marketing materials.

Required Access

If the Client’s website will be hosted on a third-party server, Whitestone Media Group needs temporary read/write access. Depending on the project, additional server resources may also need configuration.

Client/Third Party Alterations

Whitestone Media Group is not responsible for alterations made by the Client or third parties to the client’s pages after installation, including but not limited to additions, modifications, or deletions.

Hosting, Subscriptions and Domain Names

Whitestone Media Group may purchase domain names, website hosting, or other subscription services on the Client’s behalf. However, payment and renewal of these services are the Client’s responsibility. Whitestone Media Group is not responsible for any loss, cancellation, or disruption of the Client’s domain name, hosting, or other subscription services caused by late or missed payments. The Client should maintain records of all renewal due dates to ensure timely payment.

Privacy Policy

Please see our privacy policy for more information.

Abuse of Whitestone Media Group and it’s Team Members

We may limit or completely deny your access to support or services from Whitestone Media Group if we reasonably determine that your current or past behavior has misused our support, services or abused our team members in any way.

Termination of Services

To terminate services, the Client must submit a written cancellation request via PDF or email. The Client must settle any outstanding balance before cancellation can be finalized. For website hosting cancellation, we require 30 days advance notice before the next billing cycle.

If the Client paid in advance, no refunds will be provided for work already completed when cancellation notice was received.

Additional charges may apply for termination, such as fees to transfer website hosting, domain names, or other services from Whitestone Media Group to another provider.

General Information

The Terms and Conditions outlined here replace any previous representations, understandings, or agreements. By accepting a quote and paying any fees towards services, the Client agrees to and accepts these Terms and Conditions. Making an online payment also indicates agreement to these Terms and Conditions.

Whitestone Media Group's Liabiltiy

Whitestone Media Group excludes itself, its employees, and agents from all liability, resulting from but not limited to:

  • Loss or damage resulting from inaccurate information;
  • Loss or damage caused by omission;
  • Loss or damage resulting from delays or errors, whether caused by negligence or other factors;
  • If artwork or photos supplied by clients for the site become damaged or lost, regardless of whether the loss or damage was caused by negligence or other factors.