Terms and Conditions
Welcome to Puffin Web Studio. By accessing our services and website, you (“the Client”) agree to be bound by the following terms and conditions. These terms govern the provision of any web design and related services offered by Puffin Web Studio, based in Scotland. Our goal is to provide high-quality web design solutions that not only meet your expectations but also strengthen your business’s online presence.
These terms and conditions explain our obligations as a service provider and your obligations as a client. We ask that you read them carefully and in their entirety. By starting a project with us, you acknowledge that you have understood and accepted these terms. If you have any questions or need clarification regarding the content of this document, please feel free to contact us before proceeding.
We are committed to ensuring that the process of designing and developing your website is as smooth and transparent as possible. Thank you for choosing Puffin Web Studio as your partner on the path to digital success.
1. Service Description
Puffin Web Studio offers diverse web design plans to meet a variety of business needs. Each plan is structured to provide a comprehensive set of services, ensuring that your website not only looks professional but also functions optimally. Below are the services included in each of our plans, along with the required commitment period:
Starter Plan
- Number of Pages: Creation and design of a website with up to 5 pages.
- Domain: Registration and management of a domain name.
- Hosting: Secure and reliable web hosting.
- SSL: SSL certificate to secure your website and enhance its credibility.
- Corporate Email: One (1) corporate email account with 2GB of storage.
- Basic Monitoring: 24/7 basic monitoring to ensure website operability.
- Monthly Backups: Monthly website backups to prevent data loss.
- Monthly Maintenance: Includes regular updates and technical reviews to ensure optimal performance and site security.
Professional Plan
- Number of Pages: Creation and design of a website with up to 10 pages.
- Domain: Included.
- Hosting: Included.
- SSL: SSL certificate included.
- Corporate Email: Three (3) corporate email accounts, each with 2GB of storage.
- Advanced SEO: Initial on-page SEO setup and optimization during the design phase to improve online visibility and attract more organic traffic.
- Advanced Monitoring: 24/7 advanced monitoring to ensure security and performance.
- Weekly Backups: Weekly website backups.
- Monthly Maintenance: Includes regular updates and technical reviews to ensure optimal performance and site security.
E-commerce Plan
- E-commerce Functionality: E-commerce platform to sell products or services online.
- Number of Pages: Creation and design of a website with up to 20 pages.
- Domain: Included.
- Hosting: Included.
- SSL: SSL certificate included.
- Corporate Email: Five (5) corporate email accounts, each with 2GB of storage.
- Advanced SEO: Initial on-page SEO setup and optimization during the design phase to improve online visibility and attract more organic traffic.
- Advanced Monitoring: Included.
- Daily Backups: Daily website backups for maximum security.
- Monthly Maintenance: Includes regular updates and technical reviews to ensure optimal performance and site security.
These plans are designed to provide comprehensive solutions, enabling businesses to develop and maintain an effective and secure online presence. Each plan is linked to a 12-month commitment period, ensuring continuous support and consistent success for your website.
2. Pricing and Payments
Puffin Web Studio offers competitive plans designed to fit various needs and budgets. Below are the costs associated with each plan, available in both monthly and annual payment options, along with the initial payment policy.
Plans and Costs:
- Starter Plan:
- Monthly: £49
- Annual: £588 (20% savings over the monthly rate)
- Professional Plan:
- Monthly: £79
- Annual: £948 (20% savings over the monthly rate)
- E-commerce Plan:
- Monthly: £99
- Annual: £1188 (20% savings over the monthly rate)
Initial Payment and Deposit:
- Initial Deposit: To begin the development of any plan, an initial payment corresponding to the first month of service is required. This payment acts as a deposit and secures the resources necessary for project execution.
- Purpose of the Deposit: This initial deposit is crucial for the start of the project and is non-refundable, as it covers initial costs associated with domain registration, hosting setup, and the commencement of website design.
Price Adjustment Policy:
- Adjustments During Commitment Period: Plan prices will remain fixed during the initial 12-month commitment period. No price adjustments will be made during this time.
- Price Increase Notification: Should it be necessary to adjust prices after the initial period due to market changes or increases in operating costs, Puffin Web Studio will notify clients at least 30 days in advance before the new price takes effect.
- Client Consent: If the client disagrees with the price adjustment, they will have the option to cancel the service before the new price takes effect, without penalty, provided the cancellation notice is given within the stipulated period.
Billing and Subsequent Payments:
- Billing: Subsequent payments are billed monthly on the contract start date, or annually if the annual payment option has been chosen.
- Payment Methods: We accept various payment methods, including credit and debit cards.
- Late Payments: Any delays in monthly payments may result in service interruption until the payment is regularized. Late fees will be applied as per Puffin Web Studio’s policies.
Service Cancellation:
- During the Commitment Period: Since all our plans include a 12-month commitment, clients are required to complete the agreed payment period. If a client wishes to cancel their service before completing this period, they must pay the remaining amount corresponding to the unused months of the contract. This compensates for the initial design and development of the website, resource usage, and planning based on the initial commitment.
- Cancellation Notice: To cancel services after completing the commitment period, clients must provide 30 days’ notice before the next billing date. This allows for an orderly transition and the conclusion of all active services.
- Exceptions: Refunds for payments already made are not offered, except in exceptional circumstances, which will be evaluated and determined at the discretion of Puffin Web Studio. Any refund in such cases will be an exception and not the norm, intended for situations where the continuation of the service is unfeasible for justified reasons.
Non-Renewal Policy:
- Non-Renewal Process: Clients who do not wish to renew their contract after the initial 12-month period must notify Puffin Web Studio in writing at least 30 days before the current contract expiration date. This allows both parties to manage the transition appropriately and ensures no additional charges are incurred after the termination date.
- Consequences of Non-Notification: If notice is not received within the stipulated period, the contract will automatically renew under the original terms and conditions. This includes the continuation of all services and the corresponding billing as per the chosen plan.
Service Termination:
- Termination by Puffin Web Studio: Puffin Web Studio reserves the right to terminate the contract at any time for just cause, including but not limited to non-payment, violation of the terms of service, or changes in laws and regulations that significantly affect service delivery. In such cases, the client will be notified with reasonable advance notice, except when the violation of terms is severe.
- Data Retention and Transfer: Upon service termination, Puffin Web Studio will provide the client with a final backup of their website and all associated data, subject to the fulfillment of all pending financial obligations by the client.
General Cancellation Provisions:
- Cancellation and Non-Renewal Documentation: All cancellation or non-renewal requests must be documented and confirmed by both parties to ensure clarity and avoid misunderstandings.
- Terms Review: Puffin Web Studio reserves the right to modify the cancellation and refund policy to reflect changes in business practices or in response to legal regulations. Any modification will be communicated to clients with reasonable advance notice.
3. Commitment Period
Contract Duration:
- Initial Commitment Period: All of our web service plans, such as Starter, Professional, and E-commerce, require a minimum commitment of 12 months. This initial period is necessary to amortize the cost associated with the initial design and development of the website, as well as to establish a solid foundation for maintenance and support.
Contract Renewal:
- Automatic Month-to-Month Renewal: After the conclusion of the initial 12-month period, the contract automatically renews on a month-to-month basis. This monthly renewal offers flexibility to the client, allowing cancellation at any time with 30 days’ notice without incurring additional penalties for early cancellation.
- Cancellation Notice: To avoid automatic month-to-month renewal, clients must notify Puffin Web Studio in writing at least 30 days before the end of the 12-month commitment period or 30 days before the desired monthly renewal date.
Cancellation Before the Expiration of the 12-Month Commitment:
- Cancellation Conditions: Clients who choose to cancel their service before completing the initial 12-month period are required to pay the remaining balance of the contract. This payment compensates for the initial costs incurred in the design and development of the website.
- Cancellation Process: Cancellation requests must be submitted and confirmed in writing to ensure proper documentation of the agreement and communications between Puffin Web Studio and the client.
Cancellation Exceptions:
- Exceptional Circumstances: In cases of significant service failure by Puffin Web Studio, the client may be eligible to cancel the contract without the obligation to pay the remaining balance. These cases will be reviewed individually, and any decision to waive the remaining payments will be at the discretion of Puffin Web Studio.
4. Additional Services
Puffin Web Studio offers a variety of additional services to complement and enhance your website. These services are designed to provide additional customization and specific functionalities not included in our basic plan packages. Below are the details and associated costs:
Updates and Customizations:
- Hourly Rate: Updates and customizations of existing websites are billed at a rate of £30 per hour. This includes design adjustments, addition of new features, or content changes that exceed the standard revisions included in your plan.
- Service Requests: To request updates or customizations, clients should contact Puffin Web Studio to discuss their specific needs. An estimated number of hours and a work summary will be provided before any service begins.
Custom Design and Special Solutions:
- Project-Based Pricing: Custom design services and special solutions, such as creating unique functionalities or complex integrations, are priced individually based on the scope and complexity of the project.
- Free Initial Consultation: We offer a free initial consultation to discuss project requirements and provide a detailed quote.
- Project Agreement: Each project will require a specific agreement detailing the scope of work, costs, delivery timelines, and payment terms before work begins.
Approval Process:
- Client Approval: All additional work will require the client’s written approval based on the provided quotes and estimates. This ensures that both the client and Puffin Web Studio have clear expectations regarding the outcome and costs involved.
Payment Terms:
- Deposits: Depending on the magnitude of the project, an initial deposit may be required before work begins.
- Subsequent Payments: Specific details about payment schedules and terms will be agreed upon in each case and stipulated in the project agreement.
5. Review Process
Puffin Web Studio is committed to working closely with our clients to ensure their satisfaction with the design and functionality of their websites. Part of this commitment includes a defined number of revision opportunities, during which clients can request changes or improvements. Below is the number of revisions included in each plan and the costs associated with additional revisions.
Number of Revisions per Plan:
- Starter Plan: Includes up to 2 rounds of revisions at no additional cost.
- Professional Plan: Includes up to 3 rounds of revisions at no additional cost.
- E-commerce Plan: Includes up to 3 rounds of revisions at no additional cost.
Additional Revisions:
- If more revisions are required than those included in the contracted plan, they can be done at an additional cost. Puffin Web Studio will provide a quote based on the complexity and amount of work required for the additional revisions.
- Cost of Additional Revisions: Additional revisions will be billed at a rate of £30 per hour. This cost will be communicated and must be approved by the client before proceeding with additional work.
Review Approval Process:
- For each round of review, Puffin Web Studio will present the modifications made according to the client’s previous instructions. The client will have the opportunity to review the changes and provide additional feedback.
- Once the client approves a round of revisions, the changes will be considered accepted, and any additional modifications will count as part of a new review round if there are still available revisions under the contracted plan.
Completion of the Review Process:
- Once all included review rounds have been used, any further change requests will be considered part of the additional revisions and will be subject to the corresponding charges.
- It is the client’s responsibility to ensure that all necessary feedback is provided during the included review rounds to avoid incurring additional costs.
6. Consequences of Non-Payment
At Puffin Web Studio, we understand that unexpected situations may arise, but it is crucial that payments are made on time to maintain the quality and continuity of the services offered. Below are the measures that will be taken in the event of non-payment:
Non-Payment Notification:
- First Notification: If a payment is delayed by more than 10 days, we will send an email notification to the client requesting immediate payment.
- Second Notification: If payment is not received within the next 5 days, a second notification will be sent warning of the possibility of service suspension.
Service Suspension:
- Implementation of Suspension: If the non-payment persists for more than 15 days after the first notification, services will be temporarily suspended. This includes the deactivation of website access and any related services.
Collection Actions:
- Collection Agency: If non-payment continues beyond 30 days, we may choose to engage a collection agency to manage debt recovery.
- Payment Arrangements: We are willing to discuss payment arrangements if the client contacts us during the collection process.
Contract Termination:
- Termination Process: If non-payment is not resolved within 60 days, we reserve the right to terminate the service contract. This will be done after sending a final notification, offering the client a final opportunity to resolve the outstanding balance.
- Backup Delivery: In the event of contract termination, we will provide a final backup of the website to the client, but only after all outstanding debts have been settled and the established commitment period has concluded. This ensures that all contractual obligations have been fully met before delivering any final data.
Service Reactivation:
- Possibility of Reactivation: Services may be reactivated once the client settles all outstanding debts, including any additional reactivation fees.
- Reactivation Evaluation: Each case will be evaluated individually to determine the feasibility of resuming services.
Legislation and Disputes:
- Dispute Resolution: In the event that a dispute related to non-payment arises, we will attempt to resolve it amicably. If an agreement is not reached, the dispute will be managed according to the laws of the United Kingdom and will be brought to the competent courts if necessary.
7. Applicable Law and Dispute Resolution
Jurisdiction and Laws Governing the Contract:
- Applicable Laws: This contract and any dispute or claim arising in connection with it, its subject matter, or its formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of Scotland.
- Jurisdiction: The parties agree that the courts of Scotland shall have exclusive jurisdiction to resolve any dispute or claim arising in connection with this contract or its subject matter.
Preferred Approach to Dispute Resolution:
- Direct Negotiation: Before resorting to legal action, Puffin Web Studio and the client will endeavor to resolve any dispute through direct and good faith negotiation. We believe that most disputes can be resolved amicably without the need for litigation.
- Mediation: If direct negotiation fails to resolve the dispute within a reasonable time, the parties agree to seek resolution through mediation before initiating legal proceedings. A neutral mediator will be chosen, and the costs of mediation will be shared equally between the parties unless otherwise agreed.
- Legal Proceedings: If mediation does not resolve the dispute, both parties have the right to seek resolution through the courts of Scotland.
Arbitration Clause:
- Arbitration: As an alternative to mediation and legal proceedings, the parties may choose to resolve their disputes through arbitration. This process will be conducted by an arbitrator appointed in accordance with the arbitration rules of the Scottish Chamber of Commerce. The arbitrator’s decision shall be final and binding on both parties.
Dispute Notification:
- Notification Requirement: Any party intending to initiate mediation or arbitration must first notify the other party in writing, describing the nature of the dispute and the desired outcomes. This allows both parties the opportunity to resolve the matter before proceeding with formal resolution methods.
8. Modification of Terms
Puffin Web Studio reserves the right to modify these terms and conditions at any time to reflect changes in our operational practices, the law, or applicable regulations. These modifications will be made to improve clarity, to reflect adjustments in how we operate our business, or to ensure compliance with relevant legislation. Below is the procedure for modifying the terms and conditions:
Notification of Changes:
- Advance Notice: Any significant change to the terms and conditions will be notified to clients at least 30 days in advance of the effective date of the changes.
- Notification Method: The notification will be made through the usual communication channels with clients, including email, notifications within the service platform, or through our website.
- Access to New Terms: The revised terms and conditions will always be accessible on our website. Additionally, a direct link to the updated terms will be sent in the notification message.
Client Consent:
- Opportunity to Review: Clients will have the opportunity to review the changes before they take effect. If a client continues to use our services after the new terms take effect, they will be deemed to have accepted the changes.
- Objection to Changes: If a client disagrees with the proposed changes, they have the right to terminate their service contract before the new terms take effect. To do so, they must notify Puffin Web Studio in writing within the 30-day notice period.
Effectiveness of Changes:
- Effective Date: Changes will not take effect until the notice period has concluded. This ensures that all clients have sufficient time to understand and adapt to the proposed changes.
9. Contact
At Puffin Web Studio, we strive to maintain open and transparent communication with our clients. If you have any questions about the terms and conditions or need clarification about our services, we are here to help.
Contact Information:
- Email: info@puffinwebstudio.com (For general inquiries and support)
- WhatsApp: +44 7473 519417 (Available Monday to Friday, 9:00 AM to 5:00 PM GMT)
- Mailing Address: 153 Hutcheon Street, Aberdeen, Scotland, AB25 3RY
- Website: puffinwebstudio.com
Hours of Operation:
Our team is ready to respond to your questions Monday to Friday, from 9:00 AM to 5:00 PM. We strive to respond to all inquiries within 24 hours on business days.
We encourage you to use any of our communication channels if you need more information or have any doubts. At Puffin Web Studio, we value your interaction and are committed to ensuring that your experience is exceptional.