Terms and Conditions

Metal Potato

The following terms and conditions apply to all website development and design services provided by Metal Potato to the Client.

1. Acceptance

A signed acceptance is not necessary for these terms to apply. Upon acceptance of a quote from Metal Potato, these terms enter full effect. Please read these terms and conditions carefully. Any purchase or use of Metal Potato’s services implies that you have read these conditions.

2. Charges

Charges for services to be provided by Metal Potato are defined in the project quotation that the Client receives via e-mail. They are valid for a period of 60 days. Metal Potato holds the right to alter or decline the quote after that period.

All services require a non-refundable advance payment of 50% of the total quote. The remaining 50% of the total is due upon completion of the work, prior to upload to the server or release of materials.

Payment for services is due by bank transfer or credit or debit card. For payments under £200, we can also accept via PayPal. Payment methods will be made available when you receive your invoice via email from Metal Potato.

3. Client Review

Metal Potato will provide the Client with an opportunity to review the appearance and content of the website both during the design phase and once the overall website development is completed. Once the project is complete, all materials and work will be deemed accepted and approved unless the Client notifies Metal Potato within ten (10) days of the completion date.

4. Turnaround Time and Content Control

Metal Potato will install and publicly post or supply the Client’s website by the date specified in the project proposal, or at date agreed with Client upon Metal Potato receiving initial payment, unless a delay is specifically requested by the Client and agreed by Metal Potato.

In return, the Client agrees to delegate a single individual as a primary contact to aid Metal Potato with progressing the commission in a satisfactory and expedient manner. During the project, Metal Potato will require the Client to provide website content; text, images, movies and sound files.

5. Failure to provide required website content

Metal Potato is a small business so to remain efficient we must ensure that work we have programmed is carried out at the scheduled time. On occasion, we may have to reject offers for other work and enquiries to ensure that your work is completed at the time arranged.

This is why we ask that you provide all the required information in a timely manner. 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, Metal Potato reserves the right to impose a surcharge of up to 25%.

Simply put, make sure you’re ready to go full-swing on your project before telling Metal Potato to begin work. Once a project is completed, our content management system will enable you to keep the website up-to-date at your discretion.

6. Payment

Invoices will be provided by Metal Potato upon completion but before publication of the project. Invoices are normally sent via email; however, the Client may choose to receive hard copy invoices. Invoices are due upon receipt. Accounts that remain unpaid five (5) working days after the date of the invoice will be increased by £15 for each week it is outstanding.

We do not store credit card details nor do we share customer details with any third parties.

7. Additional Expenses

Client agrees to reimburse Metal Potato for any additional expenses necessary for the completion of the work. Examples would be purchase of special fonts, stock photography, special plugins or copywriting services etc.

8. Web Browsers

Metal Potato makes every effort to ensure websites are designed to be viewed by the majority of visitors. Websites are designed to work with the most popular current browsers (e.g. Firefox, Internet Explorer 8, 9, 10 and 11, Google Chrome, etc.). Client agrees that Metal Potato cannot guarantee correct functionality with all browser software across different operating systems. However, every effort will be made to do so.

Metal Potato cannot accept responsibility for web pages which do not display acceptably in new versions of browsers released after the website has been designed and handed over to the Client. As such, Metal Potato reserves the right to quote for any work involved in changing the website design or website code for it to work with updated browser software.

9. Default

Accounts unpaid fifteen (15) days after the date of invoice will be considered in default. If the Client in default maintains any information or files on Metal Potato storage systems, Metal Potato will, at its discretion, remove all such material from storage. Metal Potato is not responsible for any loss of data incurred due to the removal of the service. Removal of such material does not relieve the Client of the obligation to pay any outstanding charges assessed to the Client’s account. Clients with accounts in default agree to pay Metal Potato reasonable expenses, including legal fees and costs for collection by third-party agencies, incurred by Metal Potato in enforcing these Terms and Conditions.

10. Termination

Termination of services by the Client must be requested by email and will be effective upon receipt of such notice. Any downpayment already made on the project is non-refundable and the Client will be invoiced for design work completed to the date of first notice of cancellation for payment in full within five (5) working days.

11. Indemnity

All Metal Potato services may be used for lawful purposes only. You agree to indemnify and hold Metal Potato harmless from any claims resulting from your use of our service that damages you or any other party.

12. Copyright

The Client retains the copyright to data, files and graphic logos not originating from Metal Potato, and grants Metal Potato the rights to publish and use such material.

The Client must obtain permission and rights to use any information or files that are copyrighted by a third-party. The Client is further responsible for granting Metal Potato permission and rights for use of the same and agrees to indemnify and hold harmless Metal Potato from any and all claims resulting from the Client’s negligence or inability to obtain proper copyright permissions. A contract for website design and/or placement shall be regarded as a guarantee by the Client to Metal Potato that all such permissions and authorities have been obtained. Evidence of permissions and authorities may be requested.

13. Standard Media Delivery

Unless otherwise specified in the project quotation, this Agreement assumes that any text and images will be provided by the Client in electronic format. Images should be delivered in high resolution in any of the following formats: .psd, .ai, .tiff, .gif, .jpeg, .png.

14. Design Credit

A link to Metal Potato will appear in either small type or by a small graphic at the bottom of the Client’s website. If a graphic is used, it will be designed to fit in with the overall site design. The Client also agrees that the website developed for the Client may be presented in Metal Potato’s portfolio.

15. Access Requirements

If the Client’s website is to be installed on a third-party server, Metal Potato must be granted temporary read/write access to the Client’s storage directories which must be accessible via FTP. Depending on the specific nature of the project, other resources might also need to be configured on the server, so we could require login information for your hosting control panel or your domain name provider.

16. Post-Placement Alterations

Metal Potato cannot accept responsibility for any alterations caused by a third-party occurring to the Client’s pages once installed. Such alterations include, but are not limited to additions, modifications or deletions.

17. Domain Names

Metal Potato may purchase domain names on behalf of the Client. However, payment and renewal of those domain names is the responsibility of the Client. The loss, cancellation or otherwise of the domain brought about by non or late payment is not the responsibility of Metal Potato. Metal Potato will attempt to make contact with you approximately six weeks prior to any renewal, but we cannot be held responsible if that reminder does not arrive and your domain name renewal lapses.

18. General

These Terms and Conditions supersede all previous representations, understandings or agreements. The Client’s signature below or payment of an advance fee constitutes an agreement to and acceptance of these Terms and Conditions. Payment online is an acceptance of our terms and conditions.

19. Governing Law

This Agreement shall be governed by English law.

20. Liability

Metal Potato hereby excludes itself, its Employees and or Agents from all and any liability from:

  • Loss or damage caused by any inaccuracy;
  • Loss or damage caused by omission;
  • Loss or damage caused by delay or error, whether the result of negligence or other cause in the production of the web site;
  • Loss or damage to clients’ artwork/photos, supplied for the site. Immaterial whether the loss or damage results from negligence or otherwise.

The entire liability of Metal Potato to the Client in respect to any claim whatsoever or breach of this Agreement, shall be limited to the charges paid for Services under this Agreement in which the disagreement has arisen.

21. Severability

In the event any one or more of the provisions of this Agreement shall be held in dispute, the remaining provisions of this Agreement shall be unimpaired and the Agreement shall not be void for this reason alone. Disputed services shall be replaced by a mutually agreed upon service.

Last updated: 18th April 2015.