For services supplied by Populo Marketing, which includes Populo Design, Social Flame, Populowp and Hometopia.

POPULO MARKETING

Terms and conditions

We’ll always do our best to fulfil your needs and meet your expectations, but it’s important to have things written down so that we both know what’s what, who should do what and when, and what will happen if something goes wrong. In this

n this contract you won’t find any complicated legal terms or long passages of unreadable text. We’ve no desire to trick you into signing something that you might later regret. What we do want is what’s best for both parties, now and in the future.

Version (1.2) June 2017

What do both parties agree to do?

You: You have the authority to enter into this contract on behalf of yourself, your company or your organisation. You’ll give us everything we need to complete the project as and when and in the format we need it. You’ll review our work, provide feedback and approval in a timely manner too.

Deadlines work two ways, so you’ll also be bound by dates we set together. You also agree to stick to the payment schedule set out in your proposal or email. Us: We have the experience and ability to do everything we’ve agreed with you and we’ll do it all in a professional and timely manner.

We’ll endeavour to meet every deadline that’s set and on top of that, we’ll maintain the confidentiality of everything you give us.

Design

We create look-and-feel designs and flexible layouts that adapt to the capabilities of many devices and screen sizes. You’ll have plenty of opportunities to review our work and provide feedback. We’ll have regular contact. If at any stage, you’re not happy with the direction our work is taking, you’ll pay us in full for everything we’ve produced until that point and cancel this contract.

Text content

We’re not responsible for writing any text copy. You will provide the content that we are to add to the websites before we can start any work on your site. We provide professional copywriting and editing services, so if you’d like us to create new content or input for you, we can provide a separate estimate for that.

Graphics and photographs

You should supply graphic files in an editable, vector digital format or supply photographs in a high resolution digital format before we can begin working on creating your site. If you choose to buy stock photographs, we can suggest stock libraries. If you’d like us to search for photographs for you, we can provide a separate estimate for that.

Browser Testing

Browser testing no longer means attempting to make a website look the same in browsers of different capabilities or on devices with different size screens. It does mean ensuring that a person’s experience of a design should be appropriate to the capabilities of a browser or device.

Search Engine Optimization

We cannot guarantee any improvement to a search engine ranking, nor can we promise to get a site higher up or to the ‘top of Google’, but we build every site in a way that is accessible to search engines in an effort to increase its chances. If you would like us to install and set up tools to help with SEO and provide you some basic tips, we can provide a separate estimate for that as well

Changes and revisions

We know from experience that fixed-price contracts are rarely beneficial to you, as they often limit you to your earliest ideas. We don’t want to limit your ability to change your mind. The price at the beginning of this contract is based on the number of weeks that we estimate we’ll need to accomplish everything you’ve told us you want to achieve, but we’re happy to be flexible. If you want to change your mind or add anything new, that won’t be a problem as we’ll provide a separate estimate for those additional weeks.

Legal stuff

We can’t guarantee that our work will be error-free and so we can’t be liable to you or any third-party for damages, including lost profits, lost savings or other incidental, consequential or special damages, even if you’ve advised us of them. Finally, if any provision of this contract shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this contract and shall not affect the validity and enforceability of any remaining provisions.

Copyrights

First, you guarantee that all elements of text, images or other artwork you provide are either owned by your good selves, or that you’ve permission to use them. Then, when your final payment has cleared, copyright will be automatically assigned as follows: You’ll own the visual elements that we create for this project. We’ll give you source files and finished files and you should keep them somewhere safe as we’re not required to keep a copy. You own all elements of text, images and data you provided, unless someone else owns them. We’ll own the unique combination of these elements that constitutes a complete design and we’ll license its use to you, exclusively and in perpetuity for this project only, unless we agree otherwise.

Displaying our work

We love to show off our work, so we reserve the right to display all aspects of our creative work, including sketches, work-in-progress designs and the completed project on our portfolio and in articles on websites, in magazine articles and in books.

Payment schedule

We’re sure you understand how important it is as a small business that you pay the invoices that we send you promptly. As we’re also sure you’ll want to stay friends, you agree to stick tight to the following payment schedule. For custom website design, 50% is payable upfront before work begins.

This is a non refundable payment and covers us for the work we put in before a website is ready to go live.  The remainder will need to be paid to us before the website is transferred to you or is made live. Until full payment is made, the website will not be passed over to you or made live. Once we have completed the site and is ready to go live, full payment must be made within 14 days, or a fee for overdue debts will be payable as detailed below.

We issue invoices electronically. Our payment terms are 14 days from the date of invoice by BACS, DIRECT DEBIT OR CREDIT CARD. All proposals are quoted in British Sterling and payments will be made at the equivalent conversion rate at the date the transfer is made. You agree to pay all charges associated with international transfers of funds. The appropriate bank account details will be printed on our electronic invoice. We reserve the right to charge interest on all overdue debts at the rate of 5% per month or part of a month.

 

Fixed Price Design Packages

Our fixed price website design packages offered by Populo Marketing and Populo Design operate the same as our general terms except:

Design
Our fixed price packages are lower cost than normal website design we offer. We work from the divi framework, using the images, colours and content you supply. There is less customisation, though we can supply estimates for extra work you may want, which could include premium plugins, members areas, ecommerce, sliders, more advanced contact forms etc.

So your pages will include your logos, colours, images and content and will be laid out in the most appealing way we can. If you want special backgrounds, galleries, image sliders, widgets, external integrations etc, these will be quoted separately.

Payment schedule
Payments are made in advance only. There are no refunds payable as soon as we start any work on your site. We will start work as soon as you supply and confirm you have supplied all your images, colours, logos and text.

Getting Started and Going Live
We cannot start any work until you have supplied us with all content, logos, images and colours you wish to use. You agree to supply us with all content within 2 weeks of signing up. After that time, we do have the right to cancel any contract, with no refunds. However, we will try to schedule a future time to create the website if possible within our schedule.We will then create and design your site, usually within a 2-4 week period. We will then send a development site for you to review. We can make some small changes for free, but not to any content, logos, colours or images which you have already supplied (there will be an extra charge if you wish to change these parts).

We will then create and design your site, usually within a 2-4 week period. We will then send a development site for you to review, often we will send you a link to the home page first to get an idea of the design.  We can make some small changes for free, but not to any content, logos, colours or images which you have already supplied (there will be an extra charge if you wish to change these parts).

As payment starts from the moment you instruct us, we do not give you any timescale in which to agree for your site to go live, but obviously, it is in your interest for the site to go live as soon as possible.

Hosting
All fixed price design packages can be hosted by Populo Marketing with one of our hosting providers for free for one year, which begins the moment the site goes live. We currently use Cloudways. Whilst we cannot guarantee uptime or speed, we do work hard with these providers to ensure both are at acceptable levels. You can host the site elsewhere and we will set it up on the hosting for you if you have a WordPress install already in place, however, we will be unable to offer the website care in this case.

After the first year, there will be a monthly charge and a direct debit will need to be set up. If you do not wish to stay with our hosting, you are free to take your site elsewhere.

We provide all website files and attendant databases to you and your new developer. No complaints, no badgering to stay.

We can also in most cases set it up on your own hosting for you for a fee of £100+vat. If we bought the domain name for your site, you will also need to pay a fee for us to transfer it into your ownership.

Monthly Packages
Our Monthly website design packages offered by Populo Marketing, Populo Design operate on the same as our general terms except:

Design
Our monthly packages are lower cost than normal website design we offer. We work from the divi framework, using the images, colours and content you supply. There is less customisation, though we can supply estimates for extra work you may want, which could include premium plugins, members areas, ecommerce, sliders, more advanced contact forms etc. So your pages will include your logos, colours, images and content and will be laid out in the most appealing way we can. If you want special backgrounds, galleries, image sliders, widgets, external integrations etc, these will be quoted separately.

Payment schedule
Payments are made by subscription only, each month in advance. We set up a direct debit subscription. If the subscription is cancelled or a payment declined, your site will be taken down. There are no refunds payable. Payments start from the moment you instruct us.

Getting Started and Going Live
We cannot start any work until you have supplied us with all content, logos, images and colours you wish to use. We will then create and design your site, usually within a 2-4 week period. We will then send a development site for you to review. We can make some small changes for free, but not to any content, logos, colours or images which you have already supplied (there will be an extra charge if you wish to change these parts). As payment starts from the moment you instruct us, we do not give you any timescale in which to agree for your site to go live, but

We can make some small changes for free, but not to any content, logos, colours or images which you have already supplied (there will be an extra charge if you wish to change these parts). As payment starts from the moment you instruct us, we do not give you any timescale in which to agree for your site to go live, but

As payment starts from the moment you instruct us, we do not give you any timescale in which to agree for your site to go live, but obviously, it is in your interest for the site to go live as soon as possible.

Backend access
We will give you a login and password to the backend of your wordpress site if you intend writing a blog. You will not be given administrator access as the site belongs to Populo Marketing.

Domain
If we have registered or bought a domain for your site, then Populo Marketing will own the domain, but it will be used to host your website for as long as you are paying your monthly fee. If you wish to transfer the domain to your ownership, we can do this for a fee.

Hosting
All monthly packages are hosted by Populo Marketing with one of our hosting providers. We currently use Cloudways. Whilst we cannot guarantee uptime or speed, we do work hard with these providers to ensure both are at acceptable levels.

Cancelling your monthly package before going Live
You can cancel at any time, so if you cancel before the site goes live, work on your site will stop and the site will be deleted immediately. There are no refunds on any payments already made.

Cancelling your monthly package
You can cancel at any time.Your cancellation request must be made within 30 days before your next monthly payment is due so it can be processed. Your site will then be taken down.

Transferring your site
The site is being rented from Populo Marketing and is owned by us, so transferring the site is not strictly available. In the first 24 months, the site cannot be transferred or hosted elsewhere.

After 24 months, you can pay an admin fee to transfer the site away (we will quote this for you at the time) No complaints, no badgering to stay.

We can also in most cases set it up on your own hosting for you for a fee of £150+vat.

Site Care
The WordPress site care is designed to help with the ongoing maintenance and security for your site. The whole purpose of our client plans is preventative care, so we hope to prevent anything from happening. However, in the case your website does get hacked, breaks down etc, we will be there right by its side communicating with the web hosting on your behalf. We cannot promise your website will not be hacked but can promise we will do everything in our power to prevent it, as well as assist in the restoration and cleanup of the website with one of our backups.

Access and Rates
You will need to ensure we have access to your servers, website back office and FTP/Control Panel. You agree that you will pay us at the agreed rate in advance, either monthly or annually via direct debit. You are free to end this contract at any time by providing us with 30 days notice. In the event of cancellation, refunds will not be given, though we will continue to provide the service until the term for which you have paid has expired.

Hosting
We prefer you to move hosting to one of our providers, however, you do not need to. Though if you host elsewhere, it could be that your hosting company will only communicate with yourself.

Security
The website is scanned daily for malware and viruses. If an issue arises, you will be notified and recommendations for fixing and prevention will be made. The problem will be fixed, charges may or may not be charged depending on severity.

Performance
We will run performance checks on your site daily and inform you if the site is performing slowly.

Uptime Monitoring
We will notify you during office hours as soon as we are aware your site has gone down for more than a few minutes. We will also let you know when it goes back up.

Plugins
If a plugin breaks your site we fix it. We go out of our way to ensure compatibility before we update plugins, themes, or WordPress versions, but sometimes the results of an update are unexpected and things break. In those rare scenarios, we quickly repair the issue and contact the plugin or theme author so they can work on patching the issue.

Backups
We take backups daily but due to the nature of the internet, we cannot at any time guarantee that these backups will have the latest (minute by minute) data, images, text or other content in order to make the website work correctly and you as a client indemnify us against any loss of business that may occur due to data packet loss on any and all downloaded backups that we may keep in our secure storage.

Cleanup
Database optimisation will be performed to help keep your site running as fast as possible. Spam and post revisions will be purged to help keep your database running optimally

Content Updates
If your plan includes content updates, you agree that all amends and additions to your website are reasonable and at no time do amends or additions that we undertake for you include a redesign of the template or general layout of the website as a whole. Amendments to your website cover uploading of web ready images. (we are happy to resize and colour correct, but photoshopping and manipulation will be charged at our normal hourly rate)

Content is defined as text, images, video, and audio. Content updates include adding, deleting, or editing text to existing pages; adding, deleting or editing blog posts; adding or deleting imagery, videos, audio; updates to existing forms; and deleting pages. Content must be provided by Client.

No content will be created by us. Design, Development, content strategy, and search engine marketing services are not included.

Content updates can take no longer than 30 minutes and we will inform you if it is likely to take longer. You then have the option to pay our standard hourly rate to complete the work.

You can only request one content update at a time. We will complete that update usually within 48 hours, sometimes at busy times, it will be longer. You can then request a further content update.

Service Hours
This service is provided during business hours, Monday-Friday 9.00am-5.30pm (excluding bank holidays)

WordPress Support Plans Do Not Include:
Hosting (unless a hosting plan is also signed up for, although we can communicate with your host on your behalf as part of your monthly support time).
Domain management or services (although we can work with your domain management and make changes to your domain settings or services on your behalf as part of your monthly support time).
Website design, website redesign, website development, or website redevelopment.  (These projects can be quoted separately.)
Search engine optimisation services (although on some plans we will make recommendations based on your SEO reporting).
Non-WordPress websites Website Migrations (although these can be quoted separately).
Email account support, management or maintenance (although we can communicate with your host on your behalf as part of your monthly support time)..
Anything not explicitly included in the sections above may incur additional charges at our hourly rate.

Monthly Packages
Our goal is to provide a comprehensive social media program that integrates smoothly with other marketing and adverting programs and messaging, whether online or on other media.

The Provider will not engage in posting inauthentic reviews on review sites like Yelp and Yahoo as part of the social media program. Such activities are generally considered unethical and not part of legitimate social media work. This proposal is for a comprehensive and coordinated campaign to build a social media presence on the popular social media outlets, particularly facebook and twitter, but can include other social media outlets as well.

Social media provides the opportunity to build brand awareness, transmit messages to key audiences, and drive website traffic at very low cost, therefore offering big returns through more leads and prospects which in turn promote sales and revenue.

Monthly work
The work we do will vary each month, but will include the activities as laid out in the plan you chose.

Payment schedule
Payments are made by subscription only, each month in advance. We set up a direct debit subscription. If the subscription is cancelled or a payment declined, we will stop work on your social media. There are no refunds payable. Payments start from the moment you instruct us.

Cancelling your monthly package
You can cancel at any time.Your cancellation request must be made within 30 days before your next monthly payment is due so it can be processed. We will then stop all social media activity.

Legal stuff
We can’t guarantee that our work will be error-free and so we can’t be liable to you or any third-party for damages, including lost profits, lost savings or other incidental, consequential or special damages, even if you’ve advised us of them. Finally, if any provision of this contract shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this contract and shall not affect the validity and enforceability of any remaining provisions.

Copyrights
First, you guarantee that all elements of text, images or other artwork you provide are either owned by your good selves or that you’ve permission to use them.

Then, when your final payment has cleared, copyright will be automatically assigned as follows: You’ll own the visual elements that we create for this project. You own all elements of text, images and data you provided unless someone else owns them. We’ll own the unique combination of these elements that constitute a complete design and we’ll license its use to you, exclusively and in perpetuity for this project only, unless we agree otherwise.
Displaying our work
We love to show off our work, so we reserve the right to display all aspects of our creative work, including sketches, work-in-progress designs and the completed project on our portfolio and in articles on websites, in magazine articles and in books.

All services in our marketplace are payable in advance, via our credit card gateway. Once payment has been made, we will assume work or provide the link for any downloads.

There are no refunds for downloads once the link has been sent. You can cancel and receive a refund for any service paid for, if we have yet to begin work on that service, though there are no refunds once work has begun.

With most of our services we sell, once you have made payment, we will get in touch via email within 24 hours to request the information we need to get started.

Sometimes there will be a form we need filling out, sometimes it will be access to your logins for social media, websites, domains etc.

We may need access to your logins for social media, domains, websites etc. We also may need you to supply colours, logos etc. If the product you are buying is a download, you will be sent the download link after payment.

CONTACT US

 

GET IN TOUCH WITH US, WHETHER YOU NEED ADVICE, HAVE A QUESTION, OR WANT A QUOTE FOR SOME WORK. WE CAN HELP WITH ALL YOUR ONLINE MARKETING NEEDS.

PHONE

01622 828789

REG NO.

08902645

FIND US

49 Station Road, Polegate, East Sussex, BN26 6EA

OPEN

Monday - Friday  9.00am - 5.00pm