Standard terms of business

Popokatea is the trading name for Laura Whitehead.

Prior to commencing on any programme of work to be supplied by Popokatea, both parties will agree to a custom contractual agreement which include: an overview of who is involved, the programme of work, timescales and payment terms; what both parties agree to do and what their respective responsibilities are, the specifics of the project and what is or isn’t included in the scope of the contract.

Below are the standard terms of business for Popokatea.


Billing & payment

Popokatea issues invoices electronically: payment terms are fourteen days from the date of invoice. Our preferred method of payment is by bank transfer.

The appropriate bank account details will be printed on our electronic invoice.

Popokatea reserve the right to require a first payment or ‘deposit’ of between 20% and 50% of the agreed total costs before any work will be carried out.

Accounts still outstanding 30 days after invoice will be considered ‘in default’ and any client information or services may be suspended. Clients with accounts that are ‘in default’ agree to pay all reasonable costs and expenses, including legal fees in enforcing these Terms. (Read more information on Outstanding Accounts on the final section at the bottom of this page.)

Proposals

Proposals remain valid for 28 days from the date of issue unless otherwise stated.

Notices

Any notices are to be given to the client and to Popokatea.

These terms shall be governed by and construed in accordance with the laws of the England and the Isle of Man. Parties hereby submit to the non-exclusive jurisdiction of the English and Isle of Man Courts.

Project variation notices

Where variations to an agreed programme of work is specified by the client, and these variations are agreed to be likely to result in an increase in the chargeable hours, costs or expenses, a variation notice setting out the nature of the variation and the estimated adjustment to the budget, will be issued.
Once issued, such a variation notice must be signed as agreed by the client prior to Popokatea being required to perform work resulting from the variation notice. Any work undertaken under a variation notice will be billed monthly in arrears.

Direct costs and expenses

Unless specifically included in the proposal, expenses are payable in addition to the proposed fee. Expenses will be agreed in advance within an approved budget and billed, at cost, monthly in arrears. A full mileage and expenses schedule will be provided with the monthly invoice.

Subcontractors

Where appropriate for the effective delivery of the work, Popokatea may engage additional staff or subcontract aspects of the service. Any change to these arrangements will be discussed and agreed with the client in advance. It is unlikely that we will need to use any third-party consultants.
From time to time there may be a requirement for Popokatea to procure services or equipment outside the scope of its normal operations. This will be carried out against a specification agreed with the client. The contract for the chosen services or equipment and responsibility for the quality of the delivered services or equipment will be directly with the client unless otherwise stated.

Publicity

The client allows use of their name and a description of the work undertaken in publicity material, press releases, websites and other media produced from time to time by Popokatea. Use of detailed descriptions of the work will be subject to acceptance by the client and bound by the confidentiality agreement.

Copyright

As the client, you will have complete copyright over the finished product, files and all agreed deliverables.

It is the responsibility of the client to ensure any text or images they provide for use within the project are of their own intellectual property or permission has been given to use the text or images. In the event of any infringement of any third party intellectual rights the client will indemnify Popokatea against all liabilities, costs, damages or expenses which they may incur.

Warranty

Bugs will be fixed free of charge for a period of one month from date of a website launch. Any errors / bugs should be reported promptly.

Website Maintenance Options

Some of our clients engage Popokatea to maintain their website. This generally includes technical support, updates to the core CMS and any add-ons required and alterations to site functionality needed to work with the updates. Additional features can include for example backup services, or addition of content provided by yourselves to be added to the website by Popokatea.

  • Fixed cost package
    This is payable in advance for a minimum term of 12 months.
    All updates to content under a standard maintenance package are subject to what Popokatea consider to be reasonable use for the price charged. If updates are substantial or should later become substantial, a revised price will need to be agreed.
    Minor Changes to website design and / or features and functionality are often be considered as part of a maintenance package, but if the design changes are of a substantial nature they may, at the discretion of Popokatea incur additional one off costs.
  • Pay as you go
    Popokatea will provide the client with a quote for work required on an ad hoc basis which will vary in price depending on the amount of work involved.

Self hosting

Popokatea can provide some of our clients with a website hosting package. However, if you choose to host the site on another service, the following notes apply:

  • The hosting service must be running php5 and Mysql5 as these are the development platform versions we currently employ
  • It is preferable servers are Unix/Linux based running Apache server
  • For reasons of both performance and security, some sites are not viable using standard shared hosting packages
  • We will need access to the server control panel and have full access to the DNS and name-server records plus SSH and FTP access. These details must be provided well in advance of any proposed launch date.

It is also your responsibility to ensure the server can adequately handle the load the proposed website will place on it, with appropriate backups. We charge our standard daily rate to move websites between hosts.

Website hosting services provided by Popokatea

Where Popokatea provide hosting and maintenance services we cannot be held responsible for difficulties experienced when accessing the Website or individual parts of the Website due to circumstances beyond our control.
These may include (but are not limited to): problems with the clients internet service provider or other third party, failure (partial or whole) of server hardware or software, disruption or failure of any service that prevents Popokatea functioning in a normal manner, natural disaster, weather, war, invasion, riot and other civil disorder, rebellion and revolution. Unless expressly covered by a support package, it is the clients’ responsibility to ensure remote backups of their website and database are created at regular intervals, we take no responsibility for the loss of data, files or assets due to server issues or loss of service.

Although hosting packages may be charged on a per year basis, if the bandwidth or hard disk space allowance for the selected package is exceeded, then additional hosting costs will be applicable. In this instance the client will have the option to upgrade the hosting package, pay a monthly premium or reduce the timescale covered by the hosting package to cover the additional costs.

It is the responsibility of the client to inform Popokatea if a hosting or maintenance contract/package is no longer required. Notice to cancel must be made in writing, either by email or post at least 7 days in advance. Any used, but unbilled hosting time, will be owing for the period between the end of the last billed period and the notified end date for the hosting services.
To cover administration costs, we reserve the right to charge a minimum of one months hosting, at the clients’ current hosting package rate, in this instance.
Where a client indicates that they no longer require hosting services from Popokatea, the website will be removed from our servers at the end of the paid-for hosting period. It is the clients’ responsibility to ensure the website has been copied and moved by this date. Popokatea takes no responsibility for the loss of information, code or data where a client does not ensure this action is completed.

Outstanding Accounts

We reserve the right to claim statutory interest at 8% above the Bank of England reference rate in force on the date the debt becomes overdue and at any subsequent rate where the reference rate changes and the debt remains unpaid in accordance with the Late Payment of Commercial Debts (Interest) Act 1998 as amended and supplemented by the Late Payment of Commercial Debts Regulations 2002 and the Late Payment of Commercial Debts Regulations 2013.

Popokatea reserves the right to charge for costs and expenses incurred in recovering late payments and to charge interest at the rate then in force pursuant to the Late Payment of Commercial Debts (Interest) Act 1998 as at the due date.

We will also claim compensation under the late payment legislation – £40 up to £999 debt, £70 for £1000 to £9999.99 and £100 for £10,000 and above.

For outstanding accounts Popokatea reserve the right to disable the Client’s website or system until such time as we receive all outstanding monies.
Following consistent non payment of an invoice we, or our solicitors, will contact the Client in question, with a view to taking the matter further and if the need arises to seek payment through legal proceedings, and if necessary court summons.


Bringing fresh & creative design with a focus on user experience and interaction. Popokatea delivers a wide range of services including web design and development, identity & print design, event reporting, training & consultancy.