Regardless of which Service you choose and what Services we carry out for you, everything is covered by our Terms of Service.. It is important that you read and understand these Terms of Service. as you'll be bound by them upon commencing Services.
The following terms will have these definitions:
Witch And The Wolf, We, Us, Our is Witch And The Wolf - the trading name of Zack Reed.
Client, The Client, You, Your is you; the client taking out work with us and the sole person responsible for maintaining your agreement to these Terms of Service.
Service, Solution(s), Product(s), Work, Material(s), Project(s) is what you will receive from Witch And The Wolf - the service requested by you.
Sum(s), Amount(s), Cost(s), Fee(s), Balance is the cost of the service, agreed by both you and us.
1. General Service Conditions
(i) When you request commencement of any service that we provide, you agree to be bound by the Terms of Service. during the time of the service. Should a service require it, then you may be bound indefinitely until you or we terminate the Service. For example, if we make a website for you and host it then you would be bound to the Terms of Service. until your website is terminated.
(ii) You have the right to terminate a service at any time, before, during or after production. Please note that deposits and renewal fees are not refundable and you may have to pay a cancellation fee if we have already begun commencement of your service.
(iii) If we have a valid reason, then we may amend or terminate your service if we find reasonable grounds to do so, including but not limited to:- We believe that you are amending the requests of your service, or hindering our abilities, in an unreasonable fashion that would result in an unsuccessful completion of your project.- You behave in an unreasonable, unprofessional and/or disrespectful manner towards Witch And The Wolf, it's staff or it's affiliates.- We have reason to suspect that your service, or the outputs or links from it, are for unlawful purposes.- We have reason to suspect that you would use your service in order to harm Witch And The Wolf or any connections or relations to Witch And The Wolf.- We believe that you would be unable to financially cover the costs of your Service.
(iv) You will use your service and the projects/results from it in a lawful fashion.
(v) You won't use your delivered materials in order to damage Witch And The Wolf, it's staff or it's relations in any way.
(vi) Any opinions you give to the public following the results of your Service are of your own accord - you do not represent Witch And The Wolf in any way at any time. We may seek termination of any ongoing Services or the deletion of any materials associated with your Service if we discover that you have been representing the Company without explicit authorisation from us.
(vii) You are responsible for using any third-party content which we have not created for you. In other words, you must ensure that you have the appropriate permissions to use third-party content from the content owner in your the materials published from Service completion. This could include, but is not limited to:- Images- Music and sounds- Text- Fonts- Videos- Applications, widgets or integrations- Connected web pagesAt all times you agree to protect and defend Witch And The Wolf against any lawful claims resulting in unauthorised use of third-party content from your cause. We will not be associated with any claims made against you and, if necessary, will terminate your Service and seek deletion of your materials as required by law.
(viii) We take the security and wellbeing of others, as well as ourselves, extremely seriously. Therefore, we reserve the right to suggest amendment or deny the creation of any kind of content at any time if we have reason to believe that it could be used to discriminate, damage, or target us, an individual, a group, a band, an audience, another business or any other entity.
(ix) We may include our company logo or identity on your delivered materials. For example, this could be our logo in the footer of your website or an animated sequence before or after your video. You are not authorised to remove this feature on your project, during or after your Service. Removing this feature without our permission may result in a penalty of £100 or 15% of the total value of your Service - whichever is greater. Failure to pay this penalty when requested will result in termination of any ongoing Services as well as blocking you from any future Services or opportunities from Witch And The Wolf and/or it's partners.
(x) If you require use of Witch And The Wolf's hardware or software in order to complete materials within your Service, then you agree to treat our equipment with professional care. We reserve the right to seek costs from you should repair or replacement to such equipment become damaged by your use. Failure to fund the costs of repair or replacement could result in the termination of your service.
(xi) If you are a business, group, band or entity where responsibility is equally shared by more than one person then you must select a representative within your entity to be held liable for the following of our Terms of Service..(xii) Witch And The Wolf remain the rightful owner of any and all materials created from your Service until your balance with us has been cleared and we have specifically informed you otherwise. If we have created a website for you, we will remain a partial owner of your site unless you let us know in writing (see Term 2 (vi)).
(xiii) Our Terms of Service. are subject to amendment, and by agreeing to our Terms of Service. you agree to be bound by such amendments. However, if an amendment should drastically change your circumstances then you may be free to terminate your Services without a penalty fee (see Term 3 (x)).
(xiv) At any time, you are not authorised to use, download, copy, modify, distribute or sell any content that belongs to Witch And The Wolf, including but not limited to, our logo, fonts, slogan or any other audio or visual component that we own. If you wish to use any of the Company's content then you must request permission from us in writing. Using our content without our permission will result in termination of any service with a cancellation fee, or we reserve the right to seek financial compensation if you do not currently have a Service with us.
(xv) At any time, you are not authorised to use, download, copy, modify, distribute or sell any content that belongs to one of our clients or partners including Pagecloud without their permission (including but not limited to content stated in Term 1 (xiv)).
(xvi) By default, we may choose to add some or all of your delivered materials from your Service to our Portfolio - either on our website or on a third party such as YouTube. If you would rather that we did not share your materials to the public then please let us know.
2. Website Design Service Additional Terms of Service.
(i) If we are carrying out a Website Design Service for you then there are additional Conditions due to the nature and activities of the Service.
(ii) You will be connected to our Website Design Service Partner, Pagecloud inc. Therefore, you will also be bound by Pagecloud's Terms of Service. Click here to view them.
(iii) Although we will see to it that your website follows regulations, it is your responsibility to ensure that your site follows GDPR and ePrivacy directives.
(iv) You are responsible for ensuring that your website and it's features follow any applicable laws within your country or continent. You must notify us of any applicable laws that we may need to follow if we are unaware of them.
(v) If your website uses third party integrations, apps or widgets for features (such as eCommerce, music or video playback) you agree to abide by their terms, if any. Witch And The Wolf will not be held accountable for any Terms that you break from any third party integration.
(vi) After the publishing of your website, Witch And The Wolf will remain a partial owner in order for us to make amendments to your website if you wish for us to do so. By Witch And The Wolf remaining a partial owner, we can also offer you discounted renewal fees and rates. You may choose for Witch And The Wolf to leave partial ownership of your website at any time by letting us know in writing. Once ownership has ceased, you will be responsible to pay the subscription fees as offered by Pagecloud. We may continue to help adapt your website if you invite us to be a nominated team member.
(vii) You will need to pay your invoice before we publish your website to the internet. Although connecting your website to your domain usually only takes up to 48 hours, you should allow 5 working days for the connection to complete and your website to be published.
(viii) Due to the unpredictable nature of the internet, we cannot guarantee that your website will have fast loading times all the time. In extremely rare conditions, your website may experience black outs or small errors which we will endeavour to rectify as early as possible. Financial compensation is not available to you should this occur.
(ix) We will take responsibility to ensure that your website is error-free whenever we edit the contents ourselves. However, if you choose to edit the contents of your website yourself then you are responsible for ensuring the content is error-free.
(x) Witch And The Wolf will not be held accountable by damage or loss to any website content due to editing by the client.
(xi) To keep your website live, hosting fees are payable. Witch And The Wolf does not make any profit on these fees - they are paid directly to Pagecloud. You are responsible for ensuring that these fees are paid to us on time.
(xii) Witch And The Wolf and Pagecloud do not offer custom domains. You can either get a domain yourself from a registrar of your choice, or we can do this for you with our partner Hover. Your renewal fees will reflect whether we look after your domain or not.
(xiii) You may request the termination and/or erasure of your website at any time by letting us know in writing. We may choose to keep a draft of your website in our database in case you decide to relaunch your website, but this isn't guaranteed. If you wish, we can also delete a draft copy of your website.
(xiv) We may terminate and/or erase your website if renewal fees are not paid on time. Permanent deletion of your website may occur any time between 1 to 6 months after failed payment.
(xv) In the case of website termination after the payment of renewal fees, these fees are not refundable at any time.
(xvi) If we create an account with a third-party integration on your behalf and the company incurs costs (such as membership fees or production costs) then these fees will be added to your bill. We may send you a bill with third-party costs every week, month or year - whichever we deem appropriate.
(xvii) If your website connects with online Services to display content (for example videos within YouTube or a widget from a third-party website or service) it is your responsibility to ensure that the connection to such websites or Services remain active. We won't be held responsible for disconnections with third-party websites or Services, for example if such service is shut down or a URL to a video is changed or deleted.
(xviii) Due to our security settings, your website with Witch And The Wolf cannot be transferred to another provider (such as Wordpress or Wix) at any time. Witch And The Wolf will not recreate or assist the recreation of your website on any other providers. It is important to remember this term as you won't be eligible for a refund for any payments made should you decide to switch website providers in the future.
(xix) You are not authorised to transfer or copy any elements from your website that are created and/or owned by Witch And The Wolf or Pagecloud to another website and/or provider. If either we or Pagecloud detect that you have transferred or copied any elements to another platform or source, you may be liable to pay legal fees. If payment is not received then we will seek to recover fees as detailed in Term 3 (xxi).
3. Payments, refunds and cancellations
(i) We will agree any fees for your service with you prior to commencement. Our tariffs aren't displayed publicly and a price may be set depending on your individual circumstances.
(ii) A deposit (of 25% - 50%) of the total Service value may be payable before the commencement of any service. This deposit isn't refundable at any time, unless your Service is cancelled by us due to unforeseen circumstances related to Witch And The Wolf.
(iii) You'll receive an invoice when any payments are due to us. All payments must be cleared to us in full within 14 days of the invoice date unless we agree a payment date with you prior.
(iv) We reserve the right to withhold, pause, terminate or destroy any materials delivered from your Service if full payment has not been made on time.
(v) Payment can be made either online at witchandthewolf.com/pay or by sending the funds to our bank account. We do not accept cash or cheque.
(vi) You are responsible for paying any additional fees that are out of our control, such as international fees or commission/handling. You will still need to ensure that the amount on your invoice is still paid to us in full, regardless of fees that are not in our control.
(vii) If we host your website, renewal fees are charged in monthly or annual increments.
(viii) If you do not pay your website renewal fee on time and it becomes disconnected, you'll need to pay the fee in full if you'd like it to be reconnected. You'll also need to pay a reconnection fee of £25.
(ix) If you, or we, choose to terminate your Service early before the completion of any materials, your deposit can't be refunded to you (unless it is cancelled by us due to unforeseen circumstances related to the Company).
(x) You won't have to pay a cancellation fee if you terminate your Service early with good reason, including but not limited to:
- A drastic change in your financial circumstances
- A drastic change in your personal or business ordeals meaning that the Service is no longer suited to your needs-Your business is closing
- An amendment that you require is not available by us
(xi) A cancellation fee of 10% of total value of your Service or service may be charged upon termination in rare circumstances, including but not limited to:
- You become uncontactable without letting us know during your Service and we are forced to terminate due to unresponsiveness
- You amend the Service that then requires us to travel to an unreachable location that was not originally agreed upon
- You break any of these Terms of Service. to an extent where we are forced to terminate your Service
(xii) All sales are final, and refunds are generally not available from Witch And The Wolf. You may be entitled to a refund in an exceptional circumstance, such as:
- Witch And The Wolf's negligence has adversely affected your business or project and you did not do anything that lead to the incident
- You were sold a Service with misleading information
(xiii) If you believe to be entitled to a refund then you must notify us in writing. You agree that Witch And The Wolf reserves the right to have final judgement on all refund cases. Renewal fees and fees from third-party integrations remain non-refundable.
(xix) If you are paying via instalments, you must continue to make payments in time or have sufficient funds in your account for collection until your payment period concludes. Should you cancel your instalments before your balance is cleared then Witch And The Wolf reserve the right to demand the remaining balance in full or seek recovery action as detailed in Term 3 (xxi).
(xx) All payments must be made to Witch And The Wolf in GBP(£) and by our online Payment Gateway or by Bank Transfer. We do not accept cash or cheques.
(xxi) Any outstanding balances or debts may undergo recovery action using a third party if, for example, you repeatedly fail to pay your balance. This may seriously affect your credit rating and may make getting credit more difficult in the future.
4. Services that require travel
(i) If you require that we travel to a location in order to fulfil your Services then you must let us know prior to the commencement of your Service.
(ii) All locations must be within the UK and must be confirmed by us before the commencement of your Service. You can let us know a location that we'd need to travel to in the Service Request form.
(iii) If we require that our travel expenses need to be financially covered by you, we will let you know this before commencement of your Service and this will be reflected in your bill.
(iv) You must inform us of any changes to location immediately, ideally before your Service begins. If the location is amended to a place that we cannot reach then your Service may be terminated with a cancellation fee (see term 3 (xi)).
5. Public/Liability insurance, local authority charges and licenses
(i) You are responsible for financially covering any Public/Liability insurance as deemed necessary by your local authority or site owner, as well as any additional charges that your local authority or site owner may request (for example, costs of hire).
(ii) You are responsible for financially covering any licenses required by law to fulfil your Service, service or event (for example, a PRS license for a live event).
6. Collaboration with a third-party
(i) If your Service, service or event involves collaboration with a third-party of any kind then you must let us know prior to the commencement of your Service. A third-party could include, but is not limited to, an online application or widget, a venue that you wish to hire or another design agency.
(ii) Witch And The Wolf will not share responsibilities or fees with any third-party. For example, if using a third-party of your decision involves that third-party charging fees, then these fees will not be reflected in your bill from us. So if you pay any fees towards using a third-party, you will still need to make agreed payments to us as illustrated on your invoice.
(iii) We reserve the right to refuse collaboration with any third-party at any time.
These Terms of Service were last modified on 24 July 2024.