Scorpion Creative - Terms & Conditions

The following terms and conditions apply to all web design / internet services offered by Scorpion Creative. By ordering services from Scorpion Creative you are agreeing to the following terms and conditions.

( A ) Copyright
The copyright for all material provided by Scorpion Creative, such as HTML code, graphics, photographs and text, will remain the property of Scorpion Creative until payment has been made in full whereupon they will become the property of the client. All material, both text and images, supplied by the client and used in the construction of the client's website, will remain the client's property. All such material will be assumed to be the property of the client and free to use without fear of breach of copyright laws.
( B ) Draft Approval
As part of the web design agreement, Scorpion Creative will create website drafts for the client which will be uploaded to a non public internet address for approval. If the client requires changes to the draft these changes must be submitted to Scorpion Creative by email within two working days. If the client requests design or content alterations to pages that have already been completed, new pages or different functionality other than that specified in the original quotation, Scorpion Creative reserves the right to quote separately for these alterations.
( C ) Content Provision For / New Websites or Redesigned Websites

Scorpion Creative require all content from the client before any draft designs are started. This content may include photos, text for pages or any other content the client wishes to see on their website. Until this content is received, no work can be carried out.

 If during the Website Development Cycle, the client does not supply the content required in order to complete the website within a reasonable amount of time, Scorpion Creative will consider that the client wishes to cancel the commission and client will be billed for work carried out. We require the invoice to be settled within 10 working days from receipt of invoice. Accounts not paid on time are subject to suspension / deletion from our demo servers without notice after the 10 day period.
( D ) Payment / Deposit
Scorpion Creative require a 30% deposit before any work is carried out. Once work has started and drafts have been issued to the client this deposit is non refundable with no exceptions. Once the website has been fully completed Scorpion Creative require the balance to be paid before the website goes live. If at any point during the Website Development Cycle a client wishes to cancel, they may do so but will be invoiced an amount that Scorpion Creative judges to be proportional to the amount of work completed on the commission. Scorpion Creative expects payment by cheque, credit card or cash within 10 days of the date of any invoice issue. Internet services i.e. clients website, will be subject to suspension until full payment has been received.

Terms of payment are strictly upon delivery for first time websites or designs.
( E ) Domain Names / Hosting
Scorpion Creative will not be responsible for web hosting/domain name renewal fees. It is the clients responsibility to renew the hosting service on an annual/by-annual basis along with the renewal fee for their domain name.
( F ) Renewal of Hosting & Domain Names
Scorpion Creative will help the client setup a hosting account and the domain name with their preferred supplier (Scorpion Creative can also offer hosting to the client). We will also check domain name availability and inform the client as to the best appoach when setting up both facilities.

( G ) Search Engine Inclusion
Scorpion Creative will submit a client's website to several of the major search engines as part of the design commission. If a client wishes Scorpion Creative to promote a website as a separate commission, Scorpion Creative will make every reasonable effort to promote the website effectively but cannot guarantee high placings in search engine results.
( H ) Website Drafts
Scorpion Creative will initially place the client's website on one of our demonstration servers or on a password protected section of their hosting space in order that the client may view and comment upon the website's progress. When both Scorpion Creative and the client agree that the website meets the criteria agreed during the commissioning process, Scorpion Creative will invoice the client for the full amount due for the commission. On receipt of full payment, Scorpion Creative will publish the website on the client's hosting space.
( I ) Website Maintenance
Scorpion Creative does not undertake to maintain or update a client's website as part of the design commission. If a client wishes Scorpion Creative to maintain or update a website as a separate commission, Scorpion Creative will negotiate with the client a maintenance contract appropriate to the amount of work required. Website maintenance may also be undertaken on a time and materials basis if the client so wishes.
Our Internet Disclaimer

( A1 ) The websites designed by Scorpion Creative are done so at the exclusive direction of and based on information provided by each individual website owner. The sole and entire responsibility for that same information rests with each individual website owner.

( A2 ) Scorpion Technology shall not be liable in any way whatsoever for:

( A3 ) Any damage of any kind (direct, indirect, consequential, incidental or punitive) which results from the use of, access to or inability to use the information contained in any web site which it has designed.

( A4 ) Any errors or omissions in the contents of any website which it has designed.

( A5 ) Any damages to or viruses that may infect a site visitor’s computer equipment, software, data or other property which result from a site visitor’s access to, use of or browsing in any site designed by Scorpion Creative.

( A6 ) Any damages which result from the downloading of material, data, text, images, video or audio from any site designed by Scorpion Creative.

( A7 ) Any content in any site linked to a site designed by Scorpion Creative and any resulting damages from a site visitor’s access to any such linked site – site visitors link to any other such sites at their own risk.
( A8 ) Each individual website owner reserves the exclusive right to alter its site content in any way, at any time and for any reason without prior notification carrying no liability for any consequences of such changes. Should Scorpion Creative work to any directive from a site owner to change the site content then such work is undertaken on the clear understanding that no liability whatsoever relating to such changes is assigned to Scorpion Creative.

( A9) Scorpion Creative will not be responsible for any damages arising from or relating to the use of any website created by or any goods or services provided by Scorpion Creative including web hosting and internet marketing services or obtained in any manner through or in connection with any website.  Scorpion Creative makes no warranties of any kind, expressed or implied for the services it provides.

( A10 ) Scorpion Creative disclaims any warranty or merchantability or fitness for a particular purpose. Without limiting the foregoing, Scorpion Creative shall not be liable for loss of data resulting from delays, non delivery, wrong delivery, or any and all service interruptions caused directly or indirectly by Scorpion Creative.

( A11 ) Scorpion Creative reserves the right to use third party software packages, Companies & hosting solutions.

( A12 ) Scorpion Creative shall not be liable to any business for any incidental, consequential, special, or punitive damages or lost or imputed profits or royalties arising out of this agreement or any goods or services provided, whether liability is asserted in contract or tort (including negligence and strict product liability) and irrespective of whether advice has been given of the possibility of any such loss or damage.

( A13 ) The provisions set forth above allocate the risks under this agreement between the parties and it is agreed that such allocation and limitation are not unenforceable. By agreeing to these terms and conditions your statutory rights are not affected. Scorpion Creative reserves the right to change or modify any of the terms and conditions contained in the Terms and Conditions without notice.

( A14 ) Scorpion Creative shall not be held liable for any website attacks by the hacking community.  Scorpion Creative purely work as a design company and do not have any control, system administration or access to the hosting companies servers.  Security is controlled, management and  implemented by the hosting company and not by Scorpion Creative. 

( A15 ) Making a payment to use the services supplied by Scorpion Creative, the client acknowledges to have read, understand, and accept the Terms and Conditions of this Agreement, and agrees to be legally binding by these Terms and Conditions.

If you are unsure or require clarification on any of the above please contact us at: This e-mail address is being protected from spambots. You need JavaScript enabled to view it