Terms and Conditions

These Terms and Conditions apply to access and use our website & services, under the domain name www.atlas-creative.co.uk. This site is managed and operated by Atlas Creative. By using our website or any of our services, you will be bound to these Terms & Conditions.

We reserve the right to change these Terms & Conditions ‘Contract Agreement’ at any time and will automatically apply after 30 days’ notice.

Service Agreement

  • Website Plans are contracted to a minimum of 12 monthly payments. Payments are collected via a Direct Debit and on the 1st of every month. 
  • After the minimum payments and contract length is completed, you will automatically be placed into a 1-month contract, with a period of 30 days’ notice to cancel. This will happen automatically without notification and will be the customer’s responsibility, to ensure they cancel if they want to after the minimum period has ended.
  • Please be aware that any additional extras & features (such as premium plugins) may not be included within your plan depending on complexity. Whilst changes and updates to your website are included, these are at the discretion of our fair use policy & managers discretion.

Definition of the terminology used in this document

  • The terms “Your” or “You” is the end user accessing the website or using our services. “Us” or “We” or “Our” stands for our business Atlas Creative.
  • The term ‘Project’ stands for any work Atlas Creative undertake or any service provided by us, described on our website based upon the applicable plan.
  • The term ‘Live Date’ describes the date your website will be published.
  • The term ‘Hosting’ describes an essential service required for your website to work online.
  • The term ‘Domain’ describes your websites address, which specifies an available domain name or self-owned domain name, which will be used for your website.
  • The term ‘Open Source’ is describing the use of software freely available for anyone to use under the GNU General Public License.
  • The term ‘Content’ describes both the images and text used on a client’s website.
  • The terms ‘Contract’, ‘Contract Agreement’ and ‘Terms & Conditions’ is all terms used for this Contract Agreement.
  • The term ‘SEO’ stands for ‘Search Engine Optimisation’ in full.

Late Payment Fee’s

  • Atlas Creative will charge a £10 late payment administration charge for any late invoices, that exceed 7 days or over. This fee will be applied automatically, and we reserve the right to collect this fee automatically via Direct Debit. If no direct debit is set up, this fee will be added to the invoice for Debit/Credit Card payment.
  • If any payment exceeds over 30 days, we reserve the right to apply an extra £15 late payment fee, on top of the ‘late payment administration charge’ and reserve the right to take this payment automatically. Management also reserves the right to Suspend your services, with 24 hours’ notice (see ‘Website Suspension’ for more information).
  • If a customer has a late invoice exceeding 2 (two) constructive months, your services will be suspended, and further action will be taken using legal methods such as the Small Claims Court or/and Solicitor Firm (but not limited to). We reserve the right to pass on your personal information to these firms, if necessary. In this case, we will charge for the maximum legally possible late payment interest/charges.

Website Suspension

  • The website can be ‘suspended’ if (but not limited to) there is Late Payment, Refusal of Payment, Cancelled Direct Debit mandate, Inappropriate/Illegal Content on the website, or for any reason management deem necessary. We do not have to notify you if your site has been suspended and can be done any time, down to managers discretion.
  • For any downtime caused by ‘Website Suspension’ or any lost profits, we will not be held responsible for any liability in any way.
  • Payments will be still collected as usual during the minimum contract term, during any type of ‘website suspension’.

In the case of a Website Suspension, the following will be affected:

  • Your website will be marked as ‘Suspended’, and you will not be able to access your site, and neither will the public.
  • Payments will be still collected as usual during the minimum contract term, during any type of ‘website suspension’.
  • Atlas Creative holds full right to keep a website suspended, for any reason we deem necessary.

Deadlines & Estimated Date of Completion

  • Atlas Creative will always try and stick to any deadlines or estimated date of completion (ETA’s) we set. In some circumstances in or out of our control, this may not be possible, and the websites contract cannot be cancelled by the client. However, we may offer a free month as a goodwill gesture, on managements discretion.
  • We will require all relevant forms filled and payments made, content handed to us (if applicable), to be completed before any deadlines can start.

Payment Terms & Conditions

  • We allow for a 12-hour grace period to change your mind. Once work on your website has commenced, no cancellation or refunds will be given. Please ensure you are fully committed to your website’s idea, before signing up to a plan.
  • No refund of the first monthly payment will be provided, on a result of a cancellation.
  • We have the right to charge a £15 fee if a direct debit mandate is cancelled, during a contracted term. If you need to change your bank details, you must not cancel your direct debit and instead request a new mandate to be set up, by emailing [email protected]
  • We hold the right to reattempt failed direct debits automatically and put through late invoices as a direct debit, and for any other reason, we deem necessary.
  • It is a requirement to have a Direct Debit Mandate set up at all times if you have any pay monthly services with Atlas Creative.
  • We hold the right to change our payment gateway provider at any time or payment method type, and clients will need to re-setup with the new method.
  • We only accept Debit/Credit Card or Direct Debit payment.
  • Management reserve the right to change this at any point. Please ensure you can pay using these methods, before signing a contract with us.
  • If you need to postpone a project, this will need to be approved by Atlas Creative management and shall be no longer than 2 weeks. If approved, payments must continue after 2 weeks.
  • If a customer refuses to pay for a period over 3-months, we have the right to claim for the entire outstanding amount due (within the minimum contract) as 1 payment and suspend the website.

Communication

  • It is the client’s reasonability to ensure we are notified of any change in your personal information including (but not limited to) address, phone number, name or business type (e.g. Sole trader).
  • If you have not received communication from us because you have not told us about your new details, this will be the client’s responsibility and we will not be held responsible.
  • Email is our primary method of contact within the website development process and for technical support after the website has been developed (if applicable). This is the most cost-efficient way to communicate, which allows us to keep prices as low as possible, for our clients. Our email address is [email protected]
  • It is essential to keep in contact with Atlas Creative throughout the website development process. If the client doesn’t contact Atlas Creative for over 14 days, of us trying to contact you, the project could be terminated, and the minimum payments will still be enforceable.
  • We reserve the right to send postal mail to either your personal or business address.

Copyright, Intellectual Property & Legalities

  • Atlas Creative will expect the client to carry out sufficient research before signing up to any of our services. This includes (but not limited to) checking the idea/project/business/website you have will operate legally. You must not use or sign up to any services, if in any way you are operating illegally.
  • We will not be held responsible for any of the content, images or any other material on the website, that copyright infringements another business/website nor the illegal use of material used on your website. It is the client’s reasonability to ensure the content/images/other material used on the website is legal. Atlas Creative will not be held responsible in any way.
  • We hold full right to remove/take-down any material on your website, which we believe is illegal or inappropriate.
  • Where we have used any graphics or images on the website, that have been created or purchased from a third-party by Atlas Creative. These are restricted by a licence to only be used on 1 website only.
  • Atlas Creative will not be held responsible for illegal or misuse of these images, by the client or other’s distributing, amending or copying the images/graphics to other organisations or individuals.

General Business Terms

  • Atlas Creative is currently a sole trading business operated by Chris Ashwell. Contactable via [email protected]
  • Atlas Creative reserves the right to become a limited company or another company type, at any point.
  • Atlas Creative reserves the right to charge VAT on payments automatically, if we were to become a VAT registered business.
  • We make no guarantees or claims that the contents of our website are legally/lawfully viewed or downloaded outside England & Wales. If you access our website outside these areas, it is done at the user’s own risk and the website visitor is responsible for obeying the relevant laws of the visitor’s jurisdiction. These Terms & Conditions are governed by the law of England & Wales. Any claims regarding the content of our website will lie exclusively with the courts of England. If any of these Terms & Conditions are found to be invalid by the court having competent jurisdiction, in that case the other terms and conditions found to be valid will remain in full force and in effect.
  • Atlas Creative will be in no way held responsible for your business or projects operation, profitably or sales, that could be claimed as an effect of the services offered by Atlas Creative.
  • Atlas Creative hold the right to pass on your personal information, to services related to your services. However, we will never sell your personal information to third parties.
  • Atlas Creative has full right to use your website links and material, to advertise its products on various marketing platforms, on our own website and adverting material.
  • We will place a small text link in the footer of your website to state that your website was created by Atlas Creative and will include a link to our website. This link can be removed on request to [email protected]
  • Any passwords you provide or that Atlas Creative provides to you, should be changed immediately. Customers are responsible for their own security.
  • Atlas Creative hold the right to refuse any client our services, for any reason we deem necessary, which we do not have to disclose. We can also refuse services for certain business ideas or business categories; we do not deem as ‘sustainable’ and that provide too much risk for us.

Website Aftercare

  • Monthly Website Plans come with ‘Ongoing Technical Support’ which ensures that any issues caused by Atlas Creative or by a website plugin upgrade are fixed. We can also provide help on how to use your website’s dashboard.
  • Any self-inflicted or client caused issues are not covered by our technical support and will be charged a fee, down to managers discretion.
  • While we take every care to ensure we take backups, we can’t fully guarantee the loss of data can be recovered, if a backup file fails or becomes corrupted.
  • We will only provide ‘Ongoing technical support’ if all your payments are up-to-date or it can be refused until your billing account is up to date.

Website Hosting

  • Standard or Premium plan websites should not exceed over 10gb in storage and E-Commerce plans, should not exceed over 15gb in storage. If you exceed this, you will be asked to upgrade to your own server, which will occur an extra fee down to managements discretion. We hold the right to suspend your website immediately without warning, in this case.
  • If your website affects the performance of other websites, on one of our servers, you will be asked to upgrade to your own server.
  • You will not be allowed to use your own website hosting or have access to your websites hosting whilst you are hosting your website with Atlas Creative.
  • It is required that all websites within their minimum contract or on a one-month rolling contract, to be hosted on Atlas Creative servers.
  • We can not provide any type of access to your websites hosting when hosted on Atlas Creative servers. This includes FTP access unless management decides otherwise.
  • Atlas Creative holds the right to remove your website and any other data permanently after 60 days of cancellation, non-payment or suspension.
  • Our servers are provided by third-party companies, their terms and conditions will automatically be applied to you.
  • In the rare case of server/email/website or another type of downtime, we will not be held responsible for your loss of earnings, whether caused by a third-party or ourselves.
  • If you wish to move your websites files and database after the minimum contract ends and all payments have been made. We will need 1 months’ notice and once the files are sent, we will take no responsibility on setting up these files onto a new host. Once the files leave Atlas Creative, we will no longer be held responsible in any way.

Domain Name

  • If your domain name is with Atlas Creative, we cannot provide access to your domain control panel, this also includes DNS and email settings.
  • Domain names with Atlas Creative cannot be transferred or accessed within its minimum contract or if there are any outstanding invoices due.
  • If your direct debit is cancelled or you have outstanding invoices, we can automatically release your domain name back to the market (set to expire the domain name), at the time of its renewal.
  • Website Plans come with 1 free domain name, which is either an available (.co.uk) or (.com) domain name. Other domain names will occur an additional fee, according to management discretion.
  • If you wish to have a transfer of your domain name after your contract ends and all minimum payment has been made to us, this will require 1 months’ notice and you will need to provide an IPS tag, of your new provider. After we release the domain name, we will no longer take responsibility for the transfer or management of the domain name.
  • The domain name will be registered under your details. However, we will own the domain name in our account, until all payments are made to us and the minimum contract period has ended.

Marketing & Search Engine Optimisation

  • If a plan comes with the feature ‘Initial SEO’ this is a process which includes optimising your websites meta-tags and submitting your listing for a Google My Business listing. Initial SEO does not guarantee certain positions or results and is a process in which ‘aims’ to get a business started out on Google.
  • We cannot be held responsible in any way for your ranking on any search engine, in the result of our services. No refunds or compensation will be provided in any cases.
  • When amending, creating, updating, maintaining and changing one of our client’s websites, there could be a change in your ranking – which we cannot be held responsible for.

Website Copywriting/Content Writing & Products

  • Atlas Creative can offer Content Writing for its websites at an additional charge. Please contact us on [email protected], to get a quote for our professional content writing service.
  • If you do not proceed with a content writing service from Atlas Creative, we will need to send the content to us in a Microsoft Word or OpenOffice document, in a clear layout with the page title above it needs to go onto. We will need this document within 2 weeks of starting the website design process. Timeframes we provide for the development of the website are not started until this document has been received by Atlas Creative. After 2 weeks of the document not being received, we reserve the right to start the website monthly payments.
  • Products, blog posts and categories are to be added by the client themselves through their website control panel and are excluded by any content writing plan or feature we offer.

E-Commerce Sites

  • E-Commerce sites are powered by WooCommerce on the WordPress CMS. Functionality is restricted to this platform.
  • Atlas Creative does not provide a payment gateway, you will need to choose a gateway such as Stripe, PayPal or another WooCommerce supported payment gateway.
  • If you wish to import stock (products) onto your website, we must know this in advance of the client signing this contract, as this may or may not occur an extra fee. We cannot be held responsible or assist in importing products through third-party wholesalers.
  • The client is responsible for adding their own categories and products to their website, Atlas Creative does not provide this as a feature or service.

Website Design/Development

  • We understand getting your design right for your website is essential. We don’t currently have any maximum limit number, but we do have a sensible fair usage policy down to managements discretion. Once your draft and homepage are accepted, any further design revisions to that will occur additional charges.
  • If you request multiple design revisions, this will require more time from our developers, to carry out work on your website. This will make any previous timeframes we have provided invalid. Please be patient as any design revisions will need to be booked into the next available slot.
  • If your business model changes at any time before or after the process, depending on management’s discretion and if accepted will occur additional charges depending on the amount of work that needs to be carried out. We are under no obligation to accept these changes and management can refuse to carry out that work.
  • Atlas Creative uses Open Source Software (OSS) and sometimes templates & plugins to be adapted or modified to help develop elements of the client’s website. This will help us speed up the time it takes to develop your website and will provide you with added functionally including the ability to edit your own website.
  • Free versions of plugins may also be used for some of the functionality of your website, available from marketplaces such as (but not limited to) WordPress Plugins directory. If you need the premium version of any of these plugins, they will need to be purchased separately by the client.
  • We always try and meet the client’s design specifications (within reason), in some cases this is not always possible, and we make no guarantees on any of your design specifications and an alternative may need to be found in some cases. Design, layout and functionality changes are all subject to the restrictions of the WordPress & WooCommerce (for e-commerce sites) platforms.
  • We do not allow customers to access certain WordPress functionally. Some plans will not be able to create posts/pages, and no plans allow users to install plugins.
  • Your website is created using the Elementor page builder, which also allows our customers to edit their websites. We cannot guarantee features from this software will work outside Atlas Creative servers, and you will need to buy a ‘premium’ license for the software if you decide to host your website elsewhere after all minimum payments have been completed. Your Elementor premium licence will be deactivated if you choose to leave Atlas Creative after all minimum payments have been completed.

Availability & Support

  • Opening hours are between 9:00 am – 5:00 pm Monday-Friday on business working weekdays. We are closed on bank holidays.
  • While avoided as much as possible, we reserve the right to close Atlas Creative on days with staff shortages, upgrades, weather conditions, seasonal holidays, events or for any other reason we deem necessary at short or no notice.
  • We reserve the right to change our opening hours, at any time.
  • We will aim to fix any reported issues within a reasonable timeframe, which are not caused by the customers doing, within business hours.
  • In addition, Atlas Creative will not tolerate any form of swearing, anger, harassment from customers or third-parties against its employee’s. Atlas Creative reserves the right to cancel a contract without refund and with full payment due as 1 whole payment, in the event of inappropriate or unreasonable behaviour and conduct. If any threatening behaviour is directed to any of our employee’s, communication will then be by postal mail only.