Terms & Conditions
The following Terms and Conditions of Service apply to all products and services provided by CM Ventures Marketing Services Ltd. (hereinafter referred to as CM Ventures) and in the event of any dispute are governed by the laws of England.
All work is carried out by CM Ventures on the understanding that the client has agreed to our terms and conditions.
Copyright is retained by CM Ventures on all design work including content, pictures, ideas, visuals and illustrations unless specifically released in writing and after all costs have been settled.
If a choice of designs is presented and one is chosen for your project, only that solution is deemed to be given by us as fulfilling the contract. All other designs remain the property of CM Ventures unless specifically agreed in writing.
At the time of proposal, CM Ventures will provide the client with a written estimate or quotation by email. These terms and conditions can be read at any time on the CM Ventures website.
After the written estimate or quotation is agreed by the client, CM Ventures indicate acceptance by sending an Order Acknowledgement to the customer by email. The client must check the details carefully and advise CM Ventures if anything is incorrect, otherwise, no responsibility for error will be accepted and the order will be processed within 24 hours.
Alternatively, the client may send an official purchase order in reply to the estimate or quotation which binds the client to accept our terms and conditions, or an email acknowledging acceptance of the quotation.
For the avoidance of doubt, the CM Ventures terms and conditions are what govern the job, not any conditions on the customer’s purchase order.
For all new accounts, an account application form will need to be completed and approved with CM Ventures before any work is commenced.
Charges for design services to be provided by CM Ventures will be set out in the written estimate or quotation that is provided to the client and is only valid for 30 days from the date sent to the client. All prices will include up to 3 sets of amendments only and any further author corrections will be charged extra at our standard hourly rate. The quotation will also include how many stock images will be included in the design and any further images required will be charged at the price indicated on the quotation.
All work carried out will be invoiced upon completion. If in the event the work proceeds 3 months, CM Ventures will invoice the work produced to date.
We will supply proofs and PDF files as appropriate for printing, or other graphic files as detailed in the job scope or request.
If CM Ventures have been instructed to design and build a website, a payment option will have been quoted to the client.
Option 1) On commencement of the website build a 30% initial payment of the total cost is payable. The remaining balance will be invoiced 3 months of the date the website build commenced or on the live date.
Option 2) To pay over 6 to 12 equal months via monthly standing order.
A Website Agreement will need to be drawn up and signed by the client, for Option 2.
CM Ventures require that a template is approved by the client before coding of a site commences. Once the home page design template(s) for the web site are approved by the client, coding will commence; any changes to navigation items, colours, structure or content that require changes to the template will incur an additional charge at our standard hourly rate.
On commencement of the build stage, CM Ventures will require all content and images by the client for inclusion on the website, within 4 weeks to progress the website build.
CM Ventures will submit proofs of all artwork to the client for approval and CM Ventures shall incur no liability for or in respect of any errors not corrected by the customer in proofs so submitted. Any additional cost arising from the clients alterations or corrections after approval of artwork will be charged at our standard hourly rate.
Unless otherwise stated in writing, estimates are given and orders accepted upon the terms that delivery is ex-works and the price shall be net and exclusive of packing materials, cost of packaging, handling, loading, transport and carriage. If the client shall require delivery sooner than the stated time required for production the client is to pay an additional cost of overtime or other additional costs that are incurred.
Our payment terms are strictly 30 days from the invoice date unless otherwise agreed with the client.
Any invoice queries must be submitted by email within 14 days of the invoice date.
Accounts which remain outstanding for 30 days after the date of invoice, will incur a late payment interest charge at the Bank of England Base Rate plus 5% on the outstanding amount from the date due until the date of payment.
Payments may be made by cash, online transfer or cheque. CM Ventures reserves the right to consider an account to be in default in the event of a returned cheque.
An account shall be considered default if it remains unpaid for 60 days from the date of invoice, or following a returned cheque. CM Ventures shall be entitled to remove the clients website or materials until the amount due has been fully paid. This includes any and all unpaid monies due for services, including, but not limited to, website hosting, domain registration, design and build of website, search engine optimisation, social media campaigns and PPC.
Removal of such materials does not relieve the client of its obligation to pay the due amount.
Clients whose accounts become default agree to pay all CM Ventures reasonable legal and accounting expenses and third party collection agency fees in the enforcement of the debt and these terms and conditions.
By supplying text, images and other data to CM Ventures for inclusion in the clients website or another medium, the client declares that it holds the appropriate copyright and/or trademark permissions. The ownership of such materials will remain with the client, or rightful copyright or trademark owner. The client shall indemnify CM Ventures against all claims, actions, penalties, damages, costs and expenses for which CM Ventures may become liable, or which CM Ventures may incur through anything done by it in the execution of any contract with the client involving a breach of any Patent, Registered Design, Trade Mark, or Copyright, or any Government or other Regulation.
Any artwork, images, or text supplied and/or designed by CM Ventures on behalf of the client, will remain the property of CM Ventures and/or its suppliers unless otherwise agreed in writing. A licence for use of the copyrighted material is granted to the client solely for the project defined in the scope or request and not for any other purpose.
The client may request in writing from CM Ventures, the necessary permission to use materials (for which CM Ventures holds the copyright) in forms other than for which it was originally supplied, and CM Ventures may, at its discretion, grant this and may charge for the additional usage. Such permission must be obtained in writing before any of the aforesaid artwork, images, text, or other data is used.
Any software, code, plugin or other third party material used in a web or digital project remains the property of the creator and any ongoing licence fees or fees for upgrades are the responsibility of the client, not CM Ventures.
By supplying images, text, or any other data to CM Ventures, the client grants CM Ventures permission to use this material freely in the pursuit of the design.
Should CM Ventures, or the client supply an image, text, audio clip or any other file for use in a website, multimedia presentation, print item, exhibition, advertisement or any other medium believing it to be copyright and royalty-free, which subsequently emerges to have such copyright or royalty usage limitations, the client will agree to allow CM Ventures to remove and/or replace the file on the site.
The client agrees to fully indemnify and hold CM Ventures free from harm in any and all claims resulting from the client in not having obtained all the required copyright, and/or any other necessary permissions.
The client agrees to CM Ventures definition of acceptable means of supplying data to the company.
Text is to be supplied to CM Ventures in electronic format as standard text (.txt), MS Word (.docx) or via e-mail or shared folder.
Images which are supplied in an electronic format are to be provided in a format as prescribed by CM Ventures via e-mail or downloadable link. Images must be of a quality suitable for use without any subsequent image processing, and CM Ventures will not be held responsible for any image quality which the client later deems to be unacceptable.
CM Ventures cannot be held responsible for the quality of any images which the client wishes to be scanned from printed materials.
Additional expenses may be incurred for any necessary action, including, but not limited to, photography and art direction, sourcing and purchasing of royalty-free stock images, colour correction and alteration of images.
Any indication given by CM Ventures of a design project’s duration is to be considered by the client to be an estimation. CM Ventures cannot be held responsible for any project overruns, whatever the cause. Estimated project duration should be deemed to be from the date confirmed in writing by the client.
CM Ventures considers the design project complete upon receipt of the clients signed Approval form or sign off email. Other services such as printing, website uploading, content writing etc either contracted on the clients behalf constitute a separate project and can be treated as a separate charge.
CM Ventures offers hosting services through an out-sourced virtual server. CM Ventures does not guarantee continuous service and will accept no liability for loss of service, whatever the cause.
CM Ventures may request that clients change the type of hosting account used if that account is deemed by CM Ventures to be unacceptable because of poor service, lack of bandwidth or in any other way insufficient to support the website. Fees for hosting on CM Ventures virtual server are due at the commencement of any period of service and are non-refundable.
Fees due to third party hosting organisations are the responsibility of the client and CM Ventures are not liable for their payment, nor for the renewal of domain names, which are the sole responsibility of the customer/domain owner.
Fees for Domain Registrations are due at the commencement of any period of service and are non-refundable.
Fees for Monthly Website Maintenance are due at the commencement of any period of service and are non-refundable.
CM Ventures Search Engine Optimisation (hereinafter referred to as “SEO”) and Pay Per Click Services “PPC”). CM Ventures will use specific keywords and/or phrases to improve the search engine ranking of, and/or position the contents of the clients website from an agreed set of keywords.
All SEO & PPC services must be paid in full, 1 month in advance of any SEO & PPC taking place.
CM Ventures SEO & PPC services are intended to serve two main purposes:
1) to provide the client with increased exposure in search engines
2) to drive targeted organic online traffic to the clients website
CM Ventures has no control over the processes of search engines with respect to the type of sites and/or content that they accept now or in the future. The clients website may be excluded from any directory or search engine at any time at their discretion. Due to the competitiveness of some keywords/phrases, ongoing changes in search engine ranking algorithms, and other competitive factors, CM Ventures does not guarantee #1 positions or consistent top 10 positions for SEO and placement adverts with the search engines for any particular keyword, phrase, or search term.
A minimum contractual period of 6 months is therefore required for the client to see results. All PPC & Google Ad campaigns must be paid for 1 month in advance.
The client agrees to allow CM Ventures to place a link to CM Ventures own website on the clients website. This will usually be in the form of a small logo or line of text placed towards the bottom of the page.
The client also agrees to allow CM Ventures to place websites and other designs, along with a link to the client’s site on CM Ventures own website for demonstration purposes and to use any designs in its own publicity and portfolios.
CM Ventures will not include in its designs, any text, images or other data which it deems to be immoral, offensive, obscene or illegal. All advertising material must conform to all standards laid down by all relevant advertising standards authorities. CM Ventures also reserves the right to refuse to include submitted material without giving a reason. In the situation where any images and/or data that CM Ventures does include in all good faith, and subsequently discovers is in contravention to such terms and conditions, the client is obliged to allow CM Ventures to remove the contravention without hindrance, or penalty. CM Ventures is to be held in no way responsible for any such data being included.
Cancellation of any orders may be made by telephone contact or email. The client will then be invoiced for all work completed to date. Cancellation of any regular monthly orders will require 1 months notice made by telephone contact or email.
CM Ventures makes no warranties of any kind, express or implied, for any and all products and/or services that it supplies. CM Ventures will not be held responsible for any and all damages resulting from products and/or services it supplies. CM Ventures is not responsible for any loss, or consequential loss of data, or non-delivery of products or services, of whatever cause. While we take reasonable steps to investigate the materials we recommend, we accept no responsibility for the performance or quality of materials or any consequential loss arising from their failure. The client agrees not to hold CM Ventures responsible for any such loss or damage. Any claim against CM Ventures shall be limited to the relevant fee(s) paid by the client.
CM Ventures reserves the right to use the services of sub-contractors and suppliers and any work, content, services and usage is bound by their terms and conditions. CM Ventures will not knowingly perform any actions to contravene these and the client also agrees to be so bound.
CM Ventures and its clients agree to comply with Printers terms and conditions which include disclaimers for non-completion on time and the flexibility to supply quantities within 10% of the total ordered. CM Ventures recommend that if an exact quantity is required, then 10% extra is added to the quantity and extra time made available should the job be delayed.
These terms and conditions supersede any previous terms and conditions distributed in any form. CM Ventures reserves the right to change any rates and any of the terms and conditions at any time and without prior notice.
The placement of an order for design and/or any other services offered by CM Ventures, by email, verbally or in writing, is deemed to be acceptance of these terms and conditions, which are freely available at www.cm-ventures.co.uk
An estimate validated by the clients signature on the estimate or quotation form, or by email, constitutes acceptance of the estimate or quotation and agreement to comply fully with all the terms and conditions and forms a Contract for Business between the signatory and CM Ventures.
Updated March 2020
