Hook Creative aims to deal fairly and in a timely manner with all customers. These terms and conditions set out the contractual obligations that both parties will adhere to when accepting services:
1. Relationship of the Parties
The parties intend that an independent contractor relationship will be created by this contract, and that no partnership, joint venture or employee/employer relationship is intended or implied.
2. Project Process
Hook Creative will provide and agree with you a start date as to when service can begin.
3. Terms of Payment
Client will remit payment on a monthly basis.
If Hook Creative has to hand over to a debt collection agency for recovery of monies owed, you will be responsible for the costs of the debt collection agency and will be added to the debt.
4. Web Design
As Hook Creative also offers a web design service, services that require web design will be invoiced separately.
6. Validity of the Agreement
Either party may terminate the agreement on 7 working days written notice to the other party.
Hook Creative reserves the right to cease immediately, without liability, the service and to terminate this agreement if you should go into liquidation or bankruptcy, or if you fail to meet any obligation in accordance with this agreement.
You may cancel the agreement at any time, but a minimum of 25% of the estimate will remain chargeable. Hook Creative will refund a proportional amount of any fees paid down to the minimum 25%.
7. Assignment and Delegation
Hook Creative may assign or transfer our rights and responsibilities under this contract to another party.
I may also subcontract the performance of any of our responsibilities under this contract to another party.
You may not assign or transfer any of your rights or responsibilities under this contract to anyone else without our prior written consent.
You agree that Hook Creative will not be liable for any indirect or consequential damages, including but not limited to, loss of profits or for any claim made on the client by any other party, even though Hook Creative may have been notified of such damage or claims.
Hook Creative shall not be liable to you for any loss or damage directly or indirectly arising out of or in connection with any delay in delivery of the goods or failure to perform its obligations under this agreement where such delay is caused directly or indirectly by an act of God, armed conflict, labour dispute, civil commotion, intervention of a government, inability to obtain labour, materials or manufacturing facilities, accidents, interruptions of, or delay in, transportation or any other cause beyond our control.
You agree to defend, indemnify and hold us harmless from and against any and all claims, losses, liabilities and expenses (including attorneys fees) related to or arising out of the services provided by us to you under this agreement, including without limitation claims made by third parties (including your customers) related to any false advertising claims, liability claims for products or services sold by you, claims for patent, copyright or trademark infringement, claims due to disruption or malfunction of services provided hereunder, or for any content submitted by you for publication by us.
If, despite the other provisions of this agreement, Hook Creative is found to be liable to you then its liability for any single event or series of related events is limited to the Fees.
Due to the public nature of the Internet, all material submitted by you for publication will be considered publicly accessible. Hook Creative does not screen in advance customer material submitted to Hook Creative for publication.
9. Non Waiver
Failure by any party to enforce any right or obligation with respect to any matter arising in connection with this contract shall not constitute a waiver as to that matter or any other matter either then or in the future. Any waiver of any right or obligation under this contract shall only be of any force and effect if such waiver is in writing and is expressly stated to be a waiver of a specified right or obligation under this contract.
10. SEO Liability Statement
Hook Creative has a track record of successful search engine optimization case studies. SEO is a complex area with many variables, and Hook Creative cannot offer you a guarantee that your site will get high rankings for your preferred phrases, especially in very competitive market areas.
Hook Creative will also not be held responsible for techniques that are used today but may no longer be favorable by search engines in the future. In order to future proof yourself against Search Engines updating their guidelines, I recommend you hold regular SEO reviews of your website.