Terms & Conditions

Definitions

• The Client: The company or individual requesting the services of FableStream.
• FableStream: Primary designer/site owner & employees or affiliates.

General

FableStream will carry out work only where an agreement is provided either by email, telephone, or mail. FableStream will carry out work only for clients who are 18 years of age or above. An ‘order’ is deemed to be a written or verbal contract between FableStream and the client, this includes telephone and email agreements.

Website Design & Development

Whilst every endeavour will be made to ensure that the website and any scripts or programs are free of errors, FableStream cannot accept responsibility for any losses incurred due to malfunction, the website or any part of it.

The website, graphics and any programming code remain the property of FableStream until all outstanding accounts are paid in full.

Any custom code, Next.js applications, serverless functions, or software (unless specifically agreed) written by FableStream remain the copyright of FableStream and may only be commercially reproduced or resold with the permission of FableStream.

FableStream cannot take responsibility for any copyright infringements caused by materials submitted by the client. We reserve the right to refuse any material of a copyrighted nature unless adequate proof is given of permission to use such material.

Any additions to the brief will be carried out at the discretion of FableStream and where no charge is made by FableStream for such additions, FableStream accept no responsibility to ensure such additions are error free and reserve the right to charge an according amount for any correction to these or further additions.

The client agrees to make available as soon as is reasonably possible to FableStream all materials required to complete the site to the agreed standard and within the set deadline.

FableStream will not be liable for costs incurred, compensation or loss of earnings due to the failure to meet agreed deadlines.

FableStream will not be liable or become involved in any disputes between the site owner and their clients and cannot be held responsible for any wrongdoing on the part of a site owner.

A deposit of 50% is required with any project before any design work will be carried out.

Once a website has been designed and completed the final balance of payment is then due in accordance with our payment terms. There are no exceptions to this, i.e If the client decides they no longer want the site, as they have commissioned the work and paid a deposit they are still obliged to pay for the work that has been done. Non payment will result in legal action being taken if necessary.

Search Engine Optimisation & Marketing

This agreement is hereby entered into between FableStream (hereinafter referred to as “Company”) and the Individual or Company to whom the Invoice is addressed to (hereinafter referred to as “Client”) on the date of the 1st payment received.

“Company” agrees to provide “Client” with Search Engine Optimisation and Reporting Services (if applicable) (hereinafter referred to as “SEO”). “Company” is authorised to improve the ranking of, and/or positioning the contents of the “Client” URL, in the search engines and/or directories that are used by the general public.

“Client” agrees to pay “Company” an agreed monthly fee for the duration of the service. Fee must be received at the beginning of each month prior to any services provided.

Due to the competitiveness of some keywords/phrases, ongoing changes in search engine ranking algorithms and other competitive factors, “Company” can never guarantee #1 positions or consistent top 10 positions for any particular keyword, phrase or search term.

Database, Application and E-Commerce Development

FableStream cannot take responsibility for any losses incurred by the use of any software created for the client. Whilst every care has been taken to ensure products are problem free and accurate, the ultimate responsibility lies with the client in ensuring that all software is functioning correctly before use.

Where applications or sites are developed on serverless networks or APIs not recommended by FableStream, the client is expected to provide or seek any information, additional software, support or co-operation pertaining to the server required in order for the application to be correctly developed.

The client is expected to test fully any application or programming relating to a site developed by FableStream before being made generally available for use. Where “bugs”, errors or other issues are found after the site is live, FableStream will endeavour (but is not obliged to) to correct these issues to meet the standards of function outlined in the brief.

Website Hosting

We build and deploy applications using modern serverless edge networks (such as Vercel and Cloudflare) to ensure rapid file caching and low latency worldwide.

Whilst FableStream manages deployments through these edge networks, no guarantees can be made as to the availability or interruption of this service. FableStream cannot accept liability for losses caused by the unavailability, malfunction or interruption of this service, or for loss of turnover, sales, revenue, profits or indirect, consequential or special loss.

Payment of Accounts

A deposit is required from any new client before any work is carried out. It is the FableStream policy that any outstanding accounts for work carried out by FableStream or its affiliates are required to be paid in full, no later than 30 days from the date of the invoice unless by prior arrangement with FableStream.

Once a deposit is paid and work completed you are obliged to pay the balance of payment in full. We will contact clients via email and telephone to remind them of such payments if they are not received when due.

If accounts are not settled or FableStream have not been contacted regarding the delay, access to the related website may be denied and web pages removed.

Passing of Rights

Once all amounts due to us from you are paid and cleared you are assigned the rights to use, as applicable, the products and services, including the web site which includes the text, graphics, animation, audio components and digital components contained within the finished web site, in accordance with these terms and conditions.

No such rights will pass until all amounts due to us from you are paid. This means that we will have a lien over any service, products, data or information. If you have not paid the invoice in full within 2 months from the date of the invoice you agree that you will forfeit your rights.

The rights to photographs, graphics and any third party items such as source code, always remain the property of their respective owners.

Complaints Procedure

Anyone who experiences a problem with their web service provided by FableStream should raise the matter directly via email, giving sufficient information to locate the material (such as an url) and clearly outlining the grounds for complaint.

A formal complaint should be made in writing to FableStream, who will acknowledge receipt and ensure that the matter is looked into as soon as possible.