Terms of service.
1.1 – Cakecrumbs is a subscription-based service, we do not impose any long-term contracts or cancellation fees.
1.2 – Cakecrumbs subscription plans can be cancelled at any time, however, we require a minimum of three months notice. If required, the three month notice period can be paid (at the normal plan rate) in advance for immediate termination of services.
1.3 – Should you wish to pause your subscription for any reason or any length of time, a reactivation fee of £158.00 applies for websites and email services. For marketing and SEO services, a restart fee of £79 applies.
2.1 – Payment for our Cakecrumbs subscription plans is made by direct debit and facilitated through GoCardless. All fees are non-refundable.
2.2 – The first direct debit payment is taken upon starting the work and will continue throughout the working process and ongoing until you cancel your Cakecrumbs subscription plan.
2.3 – Any additional work carried out by us that is not included in any of the Cakecrumbs subscription plans will be charged separately and is payable via bank transfer, card payment or cash. This additional work and costs will be agreed by both parties prior to any work commencing.
2.4 – Late payments or missed payments made will result in your services being temporarily suspended. Please note that this is an automated process and happens when your account falls more than three days overdue. Once your account is settled your services will be automatically reinstated.
2.5 – Missed or overdue payments by more than 14 days will result in all of your services being cancelled, this includes any website hosting, mailboxes, SSL certificates, domain names if applicable, marketing and SEO services.
2.6 – Failure to pay after 30 days shall entitle us to charge interest on the amount owed at the rate then in force, pursuant to the Late Payment of Commercial Debts (Interest) Act 1998 and supplemented by the Late Payment of Commercial Debts Regulations 2002 as at the due date. This is calculated using https://www.payontime.co.uk/
3.1 – Cakecrumbs websites are perfect for those who require a modern, responsive and content managed website created quickly and cost-effectively. We achieve this by sticking to a strict design and build process that enables us to have any Cakecrumbs website designed and built within a month, however, this can only be guaranteed if we are supplied with what we need in a timely and organised manner.
3.2 – All of our Cakecrumbs websites are built from the ground up and we do not use any standard ‘off the shelf’ templates, however, in order to keep the cost of our Cakecrumbs websites as low as they can be, we cut out the wireframing, mockups, visuals and prototyping stages of the design process. Instead, we go straight to build based on the design brief supplied to us. This doesn’t mean our clients won’t get the opportunity to refine the design we create for you, it simply means you won’t get to see the website design before we build it.
3.3 – During the design process, we may make use of stock imagery/video, stock graphics and icons for initial designs and presentation purposes, all of which can be replaced with specified content accordingly, come the time.
The design and build process of a Cakecrumbs website;
- We gather a full and detailed brief from you.
- We build your website homepage and send this to you as a live link for you to review and feedback on.
- If required, we work together collaboratively (over screen share and via our project management tool) amending and evolving the homepage until you are happy to approve.
- We then build the rest of your website using the same styling and design preferences as the homepage.
- Once you are happy with your completed website, we make it live!
3.4 – We do not include any custom development or custom functionality above and beyond what is included in the Cakecrumbs website subscription plans. We can, however, quote for additional custom development and functionality if required.
3.5 – We also do not include the following in any of our Cakecrumbs website subscription plans;
– Custom animations created by us.
– Custom video content created by us.
3.5 – In a further effort to keep the costs of our Cakecrumbs websites as low as possible, all project communications are carried out over screen share using online tools like Zoom and our project management tool Asana.
3.6 – The design (look, feel, styling) of a Cakecrumbs website is based on the quality of the design brief supplied to us and the working examples given. We provide an online ‘briefing form’ that we encourage our clients to make use of. The better and more detailed the brief, the better the end result will be and the easier it will be for us to deliver on expectations.
3.7 – Design feedback and amendments are welcome, however, due to the design and build process of a Cakecrumbs website we are unable to ‘start again’. For this reason, we stress that the brief supplied to us must be as detailed as possible. We will, however, make adjustments, amendments, refinements and evolve initial proofs until you are happy with a final design.
3.8 – Design changes, upgrades, feature enhancements and additional functionality required once the Cakecrumbs website is finalised and live can be done by upgrading the Cakecrumbs subscription plan accordingly, or, alternatively, can be quoted for separately based on the scope of the work required.
3.9 – Each Cakecrumbs website plan includes 30 minutes of our time each month that can be used towards changes and updates to your website. This can include (but is not limited to) things like image updates, text updates, adding new pages etc. This time cannot be carried over and does not accumulate month on month.
3.10 – In an effort to reduce security risks and cloning, we do not provide top-level administrator access to our Cakecrumbs websites.
4.1 – As a standard, our Cakecrumbs eCommerce websites (the ‘Whole Cake’ plan) include the below functionality. Further features/functionality can be added upon request.
- Physical, digital, or both: Sell physical products that will ship to a customer, digital products they can download or any combination of the two.
- Unlimited variations: Offer any number of variations (like color, size, fabric and so on) for a product with the option to set prices, stock and images for each variation.
- Unlimited products: Add as many products as you want to sell.
- Import and export products: Add and update product information like name, short description, regular and sale price, and more using a CSV file.
- Built-in payment processing from leading providers: Take payments via Stripe and PayPal. Accept credit cards, Direct Bank Transfer or Cash on Delivery (Click and Collect).
- Shipping options: Give customers the option of pickup, local delivery or shipping. Restrict options available based on customer location.
- Shipping rates: Set a flat rate or define specific rates for different locations. Calculate and show the right rates to customers at checkout.
- Free shipping: Offer free shipping for certain locations or based on a minimum spend.
- Tax options: Show taxes based on your customer’s shipping address, billing address or your store’s base address. Automatically calculate major country and region tax rates.
- Geo-location support: Auto-detect your customer’s address to make shipping and tax calculations simpler.
- Customer accounts and guest checkout: Allow customers to register and choose to automatically generate usernames and passwords, or not. Display a returning customer login reminder. Enable guest checkout for those who don’t want to register.
- One-click refunds: Offer pain-free refunds to customers that can be managed directly in your WooCommerce dashboard.
- Inventory management: Track stock levels, hold stock after an order is cancelled, get notifications for low and out-of-stock items, hide out-of-stock items and more.
- Order management: Add customer notes, edit stock manually, mark items you shipped, and manage the fulfilment process.
- Email templates: Send notifications to customers at critical stages, e.g., after they make a purchase or when their order is complete.
- Add shop managers: Give your team access to manage orders and view reports without making them an admin.
- Voucher Codes/Coupons: Give customers coupons for a fixed amount, a percentage off or special offers like free shipping. Offer coupons for their whole basket or certain products.
- Related products: Show related products to help customers find complementary products or encourage them to purchase more.
- Reporting: View sales, refunds and coupons over time. See your top products and categories.
4.2 – As part of an eCommerce website build, we will integrate the specified payment processor. However, Cakecrumbs is not responsible for creating and managing your chosen payment processor(s) account. Come the time, and if required, we may need access to the chosen payment processor(s) account in order to integrate it with the eCommerce website. We will request this access accordingly.
4.3 – As part of the eCommerce website build, we will add up to 5 products each with (up to) 5 variations. These products we add will be used as product templates going forward. It is the client’s responsibility to add further products thereafter.
4.4 – Product migration: If a website already exists with products on it (or a large number of products need to be added) and you wish to move them over to your new Cakecrumbs website, then we provide two options;
- We will provide a spreadsheet (CSV file) to populate your products with. This spreadsheet will include columns for all the relevant product data required including product images. We will then take this spreadsheet and ‘bulk upload’ the products to your website. Please note that depending on the number of products and the product(s) complexity, charges may apply.
- We can make use of a third party product migration service such as ‘Cart2Cart‘. These providers specialise in the migration of products from one platform to another. Charges will apply based on your current platform and number of products.
Please note that manual product/data entry by the Cakecrumbs team is not included in your eCommerce website build.
5.1 – You do not ‘own’ a Cakecrumbs website.
5.2 – The website will be hosted on our own server container and cannot be transferred.
5.3 – SSL certificates are hosted and owned by Nous Digital (trading as Cakecrumbs) and are non-transferable. Inclusive SSL certificates can only be applied if the domain name is hosted with Nous Digital (trading as Cakecrumbs). Should you choose not to host the domain name with us, we can provide ‘Extended SSL Certificates’ that can be hosted externally from your domain name at an additional cost.
5.4 – You will always own the domain name and mailboxes we include with a Cakecrumbs website (domain name(s) will be registered with your contact details). You can transfer these away from us at any time at no additional cost.
Client acknowledges the following with respect to Google advertising services:
7.1 – All fees are non-refundable.
7.2 – Cakecrumbs has no control over the policies and Google ad algorithms. The client’s ads and or website may be removed/excluded at the sole discretion of Google.
7.3 – Due to the competitiveness of some keywords, on-going changes in ad algorithms and other competitive factors, Cakecrumbs does not guarantee success/conversions.
7.4 – The Client recognises that it is not practical for Cakecrumbs to notify the Client of each advert that it makes on behalf of the Client.
7.5 – The Client may request that Cakecrumbs makes changes to any adverts at any time in writing, and Cakecrumbs may levy reasonable additional charges for such work.
7.6 – Cakecrumbs shall not be responsible for any subject or contextual errors in any adverts or any unsatisfactory service(s), which are not notified in writing first, nor for any errors which are approved by or are the fault of the Client.
Client acknowledges the following with respect to SEO services:
8.1 – All fees are non-refundable.
8.2 – Should you wish to cancel your Cakecrumbs SEO plan, 1 month’s notice period is required.
8.3 – Cakecrumbs has no control over the policies and ranking algorithms of search engines with respect to the type of sites and/or content that they accept now or in the future. Client’s website may be excluded from any search engine or directory at any time at the sole discretion of the search engine or directory.
8.4 – Due to the competitiveness of some keywords/phrases, on-going changes in search engine ranking algorithms and other competitive factors, Cakecrumbs does not guarantee No.1 positions or consistent top 10 positions for any particular keyword, phrase, or search term.
8.5 – Cakecrumbs assumes no liability for ranking, traffic, indexing issues related to penalties. Consequently, the Client understands that ranking new websites is much more difficult than ranking old and established sites, the Client should not have unrealistic expectations about rankings, traffic and revenues.
8.6 – A new website may get a temporary boost in ranking for some targeted keywords for a few days before the website settles down to its real place. This is known as ‘new site boost effect’ and it is quite common. Consequently, the Client understands that a new site has not really got top rankings within a month and soon it will revert down to its actual position.
8.7 – Occasionally, search engines will drop listings for no apparent reason. Often, the listing will reappear without any additional SEO efforts. This happens because of on-going changes in the ranking algorithm. A websites search engine ranking can fluctuate any day due to any changes made by the competitors.
8.8 – Cakecrumbs makes no guarantee/warranty of project timeline or added expenses (like charging additional fees, etc.) if:-
- The Client fails to resolve our queries on time.
- Makes delays in providing required access, documents, permissions or any support for Search Engine Optimisation purpose.
- Fails to make necessary changes to the website as and when advised by Cakecrumbs (and if the website is out of our control) for carrying out the Search Engine Optimisation services.
- There is a server outage for prolonged time on Client’s site.
- SEO work is destroyed either wholly or in parts, either knowingly or unknowingly by any party without the prior consultation of Cakecrumbs. SEO work is considered to be destroyed either wholly or in parts if the following changes (but not limited to) are made to a website by any party other than Cakecrumbs or without first consulting Cakecrumbs:
- Changes in the file(s) or folder(s) name.
- Putting a file in a different folder or putting a folder in another folder or subdomain.
- Making changes in the head section of a document like changing the text in the title tag, removing certain HTML tags required for site authentication.
- Deleting a link, folder, file, web document or subdomain.
- Modifying text on a web document like changing the formatting of the text or repositioning the text.
- Removing analytics code from the web page which is used to track website traffic.
- Linking out to any website without prior consultation of the Cakecrumbs.
- Adding a file, folder, web document, widget or any functionality.
- Renaming URLs of existing web documents.
- Taking down the website or part of the website.
- Renaming, re-locating, adding or removing any file, folder or subdomain on a web server including web documents, robots.txt, .htacess file, sitemap.xml, rss.xml, etc.
- Changes in the site architecture
- Changes in the anchor text
- Making any changes on an optimised web page
- Uploading a new website to the domain.
- Duplicating content either on the website or releasing it online through other websites.
8.9 – The Client guarantees any elements of text, graphics, photos, designs, trademarks, or other artwork provided to Cakecrumbs for inclusion on the website are owned by the Client, or that Client has received permission from the rightful owner(s) to use each of the elements, and will hold harmless, protect, and defend Cakecrumbs and its subcontractors from any liability or suit arising from the use of such elements.
8.10 – Cakecrumbs is not responsible for the Client overwriting SEO work. The Client will be charged an additional fee for re-constructing, re-optimising content/web pages.
8.11 – The Client understands that SEO alone cannot be held responsible for his site’s success or failure. The Client understands that they need to work as a partner with his SEO provider, give him the necessary time and commitment and follow his advice/suggestions seriously and on time to make his marketing campaigns a success.
9.1 – If any part of these terms and conditions is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these conditions will not be affected.
10.1 – Except for death or personal injury caused by our negligent acts or omissions we shall only be liable for any loss or damage which is a reasonably foreseeable consequence of a breach of these terms.
10.2 – You will be responsible for all claims, liabilities, damages, costs and expenses suffered or incurred by us as a result of your breach or default in the discharge of your obligations.
10.3 – In the event of our losing or damaging your goods, we will pay for the reasonable costs of the repair or replacement (less wear or tear) of the item or provide you with a full refund if we have been negligent.
10.4 – Nothing in this Agreement shall exclude or limit the Company’s liability for death or personal injury resulting from the Company’s negligence or that of its employees, agents or sub-contractors.
Governing Law and Jurisdiction
11.1 – Parties to these terms agree to submit to the exclusive jurisdiction of the courts of England.
12.1 – These terms contain the entire agreement between the parties relating to the subject matter and supersedes any previous agreements, arrangements, undertakings or proposals, oral or written.
13.1 – To protect your own interests please read the conditions carefully before agreeing to do business. If you are uncertain as to your rights under them or you want any explanation about them please don’t hesitate to get in touch.
13.2 – If you are unhappy with any aspect of our service, please contact us. Any complaints will be dealt with sympathetically and we will work with you to reach a satisfactory conclusion.
Changes to our Terms of Business
14.1 – We reserve the right to make minor changes to these terms from time to time. Any major changes will only be made with your agreement.
15.1 – You consent to the computer storage and processing of your personal data by us in connection with these terms and to the transmission of this data across the company and its business partners for the purposes of our legitimate interests including statistical analysis, marketing of our services and credit control. If you breach these terms, your personal data may be disclosed or passed to third parties to the extent necessary to assist recovery procedures.
If you have any questions about these Terms of Service, please contact us:
Last updated: 22/09/2020 at 13:48