Welcome to our website. If you continue to browse and use thiswebsite you are agreeing to comply with and be bound by the following terms andconditions of use, which together with our Privacy Policy govern XPRT Agency’srelationship with you in relation to this website.

The term ‘XPRT Agency’ the company, or ‘us’ or ‘we’ refers to theowner of the website whose registered office is 1267 Willis St. STE 200Redding, CA.

The use of this website is subject to the following terms of use:

The content of the pages of this website is for your generalinformation and use only. It is subject to change without notice.

Neither we nor any third parties provide any warranty or guaranteeas to the accuracy, timeliness, performance, completeness or suitability of theinformation and materials found or offered on this website for any particularpurpose. You acknowledge that such information and materials may containinaccuracies or errors and we expressly exclude liability for any suchinaccuracies or errors to the fullest extent permitted by law.

Your use of any information or materials on this website isentirely at your own risk, for which we shall not be liable. It shall be yourown responsibility to ensure that any products, services or informationavailable through this website meet your specific requirements.

This website contains material which is owned by or licensed tous. This material includes, but is not limited to, the design, layout, look,appearance and graphics. Reproduction is prohibited other than in accordancewith the copyright notice, which forms part of these terms and conditions.

All trademarks reproduced in this website, which are not theproperty of, or licensed to the operator, are acknowledged on the website.

Unauthorised use of this website may give rise to a claim fordamages and/or be a criminal offence.

From time to time this website may also include links to otherwebsites. These links are provided for your convenience to provide furtherinformation. They do not signify that we endorse the website(s). We have noresponsibility for the content of the linked website(s).

You may not create a link to this website from another website ordocument without XPRT Agency’s prior written consent.

Your use of this website and any dispute arising out of such useof the website is subject to the laws of California.

Website Disclaimer

The information contained in this website is for general information purposesonly. The information is provided by XPRT Agency and while we endeavour to keepthe information up to date and correct, we make no representations orwarranties of any kind, express or implied, about the completeness, accuracy,reliability, suitability or availability with respect to the website or theinformation, products, services, or related graphics contained on the websitefor any purpose. Any reliance you place on such information is therefore strictlyat your own risk.

In no event will we be liable for any loss or damage includingwithout limitation, indirect or consequential loss or damage, or any loss ordamage whatsoever arising from loss of data or profits arising out of, or inconnection with, the use of this website.

Through this website you are able to link to other websites whichare not under the control of XPRT Agency. We have no control over the nature,content and availability of those sites. The inclusion of any links does notnecessarily imply a recommendation or endorse the views expressed within them.

Every effort is made to keep the website up and running smoothly.However, XPRT Agency takes no responsibility for, and will not be liable for,the website being temporarily unavailable due to technical issues beyond ourcontrol.

1 Interpretation

1.1 “The Company” is XPRT Agency. “Client” is the person or organization,to which the Company supplies goods or services. “Contract” means the Contractbetween Company and Client, under which both are subject to “conditions”,meaning these terms and conditions.

2 Basis of the Contract

2.1 Subject to Clause 2.2 the Contract is subject to theseconditions, to the exclusion of any others purported to be imposed by the Clientin any way.

2.2 Conditions may be varied if both parties agree in writing.Conflict between a written agreement and this Contract shall be resolved in favorof the agreement.

2.3 Unless specified in a new agreement, the conditions of thisContract apply to any variation.

3 Quotes and Variations

3.1 Quotes and schedules issued by the Company are valid for 1month after issue, subsequently, they may be amended or withdrawn.

3.2 Errors in literature, proposals, quotation, price list orinvoice of the Company are subject to correction without liability on the partof the Company.

3.3 The Client is responsible for ensuring the accuracy of theterms of any order.

3.4 The Company will endeavor to complete work at agreed dates,but time of completion shall not be the essence of the Contract.

4 Price

4. 1 Unless specified in the Contract, the Client will be liableto the Company for:

4.1.1 Accommodation, communications, delivery, subsistence, andout-of-pocket expenses incurred in fulfilling the Contract. Mileage at 40p/mileto/from the Company’s office, or other relevant sites, rail and air travel atbusiness class rates unless otherwise stated.

4.1.2 Time spent in pursuance of the Contract including, but notlimited to meetings, travel and professional attendance. The Company’s standardrate is £70 per person, per hour or part thereof. The Company’s standardmeeting or attendance allowance is 2 hours, after which charges may be made atthe standard rate.

4.1.3 Items obtained from external suppliers may be subject to amanagement fee unless otherwise stated.

4.1.4 Costs incurred by the Company in performing the Contract,beyond the reasonable foresight or control or of the Company in its estimate.Such costs will be charged on terms no less advantageous to the Company than inthis Contract. The Company may refuse to agree to any requested variationwithout any liability.

4.1.5 VAT, Import Duties, or other taxation levied on the Companyin pursuance of the Contract.

5 Deliverables

5.1 Unless specified in a Contract, the Client will receive onecopy of each deliverable.

5.2 The Client shall provide the Company a free specimen orphotographs of the results of completed work or photographs if available.

5.3 Work in uncompleted form may not be used or published asfinished work without the prior written consent of the Company.

5.4 No modifications to work relating to the Contract may be madeduring its course without the prior written agreement of the Company.

5.5 The Company asserts its right to be identified as author ofwork resulting from the contract including in any publication, subject toapproval by the Company.

5.6 When creating websites we support the latest versions ofInternet Explorer (IE), Chrome, Firefox and Opera on both Windows and Macplatforms. We also support the latest version of Safari on Mac and do our bestto ensure that the website is accessible using the latest version of Safari oniOS.

5.7 By default we don’t support IE6-8 as it has a declining userbase and doesn’t support many of the new features that our sites incorporate.

6 Acceptance of Work

6.1 The Client acknowledges that the Company’s work and chargesfor any part of a Contract are satisfactory on written or verbal acceptance or:

6.1.1 On the Client’s instruction to proceed to a different, orsubsequent stage in the Contract, or a new Contract based on the originalContract’s results.

6.1.2 On payment, part payment, or notification of the intent topay for invoices relating to the Contract.

6.1.3 In the event of no complaint within the credit terms agreedin the Contract.

7 Payment, Credit Terms & Refunds

7.1 The Company will commence work on receipt of an invoice for50% of each Contract stage and issue another invoice for 50% on delivery, forpayment on return, unless otherwise stated on the invoice, subject to variationsas outlined at 4.1.

7.2 The Company will issue invoices for additional costs andexpenses at the conclusion of each stage, or at the end of the month in whichthe cost was incurred.

7.3 Invoices must be settled in full on invoice date unlessotherwise stated on the invoice. Time of payment is of the essence of theContract.

7.4 The Company reserves the right if any invoice remains unpaid(whether wholly or in part) for over 14 days from its date of issue to:

7.4.1 Give immediate notice to the Client that work on the projectwill cease until outstanding payments are made;

7.5 If the Company is unable to complete work by an agreed datedue to any factors outside its control, the Company may invoice for workcompleted at that date.

7.6 If a Client has any outstanding invoices after sixty days, theCompany will pass the debt to a 3rd party for chasing.

7.7 No work will be carried out by the Company if a Client has anyoutstanding invoices that are sixty days overdue, until the outstandinginvoices are paid.

7.8 A 50% non-refundable deposit is requiredbefore we begin on a project.  We do not issue refunds for fees paid inadvance. Once a payment or deposit is made, it is non-refundable. All Setupfees are nonrefundable as it is applied to costs immediately incurred ininitiating services. If a project is cancelled or postponed, all monies paidare retained by XPRT Agency and if applicable, a fee for all work completedbeyond what was already paid for shall be paid by the client.

7.9 The remaining balance will be invoiced upon completion of thejob.

7.10 Additional charges will be discussed and agreed upon beforethe final invoice is sent (more on this topic below).

7.11 Additional charges (for graphics) will be applied if anypictures or illustrations are needed through stock sites such as iStock orDreamstime. (We will not purchase any images until we have client approval).

7.12 Original image files will not be emailed until the fullbalance has been paid.

7.13 Additional charges (for site builds) will be applied if theclient needs additional work that is outside of the original quote or packagespecifications.

7.14 Client has 10 days to make their final payment or a $100 latefee will be applied for every week that the client is late after that time.

7.15 It is down to the Client to ensure we receive the informationrequired for The Company to action the Contract requirements. In the event of amonthly contract, hours cannot be refunded or rolled over if the monthlyactivity has not been fulfilled.

8 Termination

8.1 This Contract may be terminated upon either party givingnotice to the other party if that party breaches any term of the Contract, or:

8.1.2 Is made bankrupt; enters any arrangement or composition withcreditors, enters comparable insolvency procedure in any jurisdiction, ispetitioned for winding up or for an administration order to be made against it,has a receiver, manager, or administrative receiver appointed over, all or anypart of its assets.

8.1.3 Gives written notice that in their opinion the Contract isnot achievable by the agreed programmee, subject to independent arbitration ifparties disagree.

8.2 If a Contract is to be carried out by the Company in stages,when a delay of more than one month occurs during a stage, or between any twostages occasioned by instruction or act or omission of the Client, the Companymay withdraw from the Contract and be entitled to payment of amounts set out inClause 11.3.

8.3 On termination of the Contract (whether under this clause orotherwise) the Client will pay the Company for all work carried out inpursuance of the Contract and:

8.3.1 The Client indemnifies the Company for the Company’sliability under contracts entered into to perform any obligations under theContract for which the Company remains liable notwithstanding termination ofthis Contract.

8.4 Termination of this Contract for any reason shall not affectthe parties’ accrued rights and liabilities arising under the Contract prior totermination.

8.5 The Company reserve the right, as part of their credit controlprocedures, to withdraw all of their services until any outstanding debt ispaid in full.

8.6 The Company may terminate without liability to the Client part or all oftheir services immediately and at any time if they believe the Client havesupplied them with false, misleading, inaccurate or incomplete information.

8.7. If the Client is on a hosting and/or maintenance package withthe Company, then they will need to provide at least 90 days advance notice oftermination and pay for the remainder of the current year.

8.8 If a Client’s website needs to be transferred from theCompany’s servers to another party, any invoices that may be outstanding needto be paid in full before a transfer can be made.

8.9 Projects that are canceled at least 30 days prior to the startdate may be rescheduled at the end of our queue. Cancellations made less than30 days from the project start date result in full loss of deposit and may berescheduled only with payment of another deposit.

9 Confidential Information

9.1 The Company, its agents and employees will keep confidentialClient disclosures in the course of setting up, or working on the Contract.From this is excluded information that is or becomes in the public domain, isreceived by the Company in good faith from a third party or is in the Company’spossession already.

9.2 Any matter submitted by the Company to the Client before theContract is agreed is confidential and must not be shown, copied or used forany purpose.

9.3 The Company retains ownership of all materials and work in anyform, including intellectual property rights, until invoices relating to theContract stage and additional costs and expenses are paid in full. Noinformation relating to the Contract or its results may be disclosed withoutthe Company’s written permission, if any invoices for the Contract are unpaidafter their due date.

9.4 On payment of invoice, the Client may request assignment ofrelevant intellectual property rights arising from the Contract’s deliverables,at the cost of the Client.

9.5 Work completed during a project in any form is the property ofthe Company unless referred to as deliverables in a quotation.

9.6 During the course of the Contract, neither Company nor theClient may use the name of the other for publicity purposes without the writtenconsent of the other. The Company may use commissioned work for promotion, ifthe Contract’s results have been promoted openly, or with permission from theClient.

10 Refunds

10.1 Due to the custom nature of our work, XPRT Agency doesnot issue refunds for any reason. Please note our cancellation policy (above)for information about cancelling your project.

11 The Company’s Liability

11.1 Statements of Company staff or others engaged by the Companyshall not be binding on the Company until confirmed by it in writing.

11.2 The Client agrees that claims in relation to the Contract oranything connected to it would be against the Company, not against anyperson/s.

11.3 The Company will use every endeavour to achieve the Contractobjectives, but offers no warranty, express or implied that project conclusionswill be a complete or partial solution to the problem, or that recommendationswill be acceptable to the Client.

11.4 It is the responsibility of the Client to ensure that thecorrect issue of any data is maintained by the Client and any subcontractors orcustomers.

11.5 The Company recommends that Clients seek professional advicerelating to existing or claimed intellectual property rights. The Clientindemnifies the Company against liability, loss, costs, expenses, claims orproceedings relating to intellectual property claims or rights arising from theContracts results.

11.6 It is the Client’s responsibility to ensure that any outcomesof the Contract are reasonably fit for purpose. The Company recommends thataccurate prototypes are made and thoroughly tested. Production of parts from amaster prototype may incur damage to it and additional charges to the Client.Items supplied by the Client to the Company shall at all times be at the riskof the Client and the Company shall not be liable in respect of any loss ordamage arising from such items.

11.7 Unless specified in a Contract, measurements undertaken bythe Company and reported to the Client may not use calibrated equipment.

11.8 Should a Client require completion in advance of an agreedschedule, the Company cannot accept liability for any subsequent modifications.

11.9 The Company shall not be liable to the Client under commonlaw, or under the terms of the Contract for damage to reputation or goodwill,loss of future business, damages, costs or expenses payable by the Client tothird parties or any loss whatsoever in connection with the Contract.

11.10 If any liability attaches to the Company, the amountrecoverable by the Client shall not exceed amounts payable by the Client forcompleted Contract stages.

11.11. In the case of Website Hosting, XPRT Agency does not takeresponsibility for any costs incurred when a website is down due to annualsecurity updates and maintenance. Furthermore, if a website experiences a levelof web traffic that’s above and beyond what is forecasted XPRT Agency does nottake responsibility and liability for costs incurred due to any downtime.

11.12 We do not guarantee a completion date for any project. Mostblog/web design projects can be completed in 3-4 weeks. This usually depends onthe speed of the client’s feedback and the number of revisions required. If youhave a project deadline, please let us know.

11.13 We work with an average of 40 clients at a time and thoughwe are able to work on several client projects at once – we do keep clients inorder of first come – first serve. If you are in a hurry and need somethingdone within a week, we offer a special “Rush” pricing – you can contact theteam for further details.

12 General

12.1 Failure or neglect by the Company to enforce any of theConditions shall not be a waiver of the Company’s rights under the Contract.

12.2 If any provision of these Conditions is held by competentauthority to be unlawful, invalid or unenforceable, the other provisions andthe remainder of the provision in question shall not be affected and shall bevalid and enforceable to the fullest extent permitted by law.

12.3 The Client may not transfer, assign or sub-contractobligations under the Contract without the Company’s prior written consent. Thelaws of England and Wales govern the construction, validity and performance ofthe Contract. The Client and the Company submits to the jurisdiction of thecourts of England and Wales.

13 Payment Terms

13.1 As stated at each stage, or per the accompanying terms andconditions.

14 Payment Method

14.1 Automated transfer by BAC’s/CHAP’s or similar electroniccredit. Cheques made payable to XPRT Agency.

14.2 Please note that no work will commence until payment hascleared, as per the terms and conditions.

15 Proofs

15.1 Proofs of all work may be submitted for Client’s approval andCompany shall incur no liability for any errors not corrected by the Client inproofs so submitted. Additional charges shall be made for any additional proofsthat are required as a result of alterations required by the Client. Whenstyle, type or layout is left to Company’s discretion, any subsequent changesto such style, type or layout required by the Client shall be subject toadditional charges on a time and materials basis.

16 Copy

16.1 Where any additional work of whatever nature is necessary asa result of copy supplied by a Client not being clear and/or legible, theCompany may be entitled to make additional charges on a time and materialsbasis to cover such additional work.

17 Company Imprint

17.1 Unless otherwise specifically requested in writing, any workmay carry the Company’s imprint which will be positioned at the Company’sdiscretion.

18 Full Colour Printing

18.1 All reasonable efforts shall be made to obtain the bestpossible colour reproduction on Client’s work, but variation is inherent in theprint process. It is understood and accepted as reasonable that, the Companyshall not be required to guarantee an exact match in colour or texture betweenthe Client’s photograph, transparency, proof, electronic graphic file,previously printed matter (whether printed by the Company or any other party)or any other materials supplied by the Client and the printed article thesubject of the Client’s order.

19 Claims

19.1 Advice of damage, delay or partial loss of goods in transitor of non-delivery must be given in writing to the Company and the carrierwithin three clear days of delivery (or, in the case of non-delivery within 28days of despatch of the goods) and any claim in respect thereof must be made inwriting to the Company and the carrier within seven clear days of delivery (or,in the case of non-delivery, within 42 days of despatch). All other claims mustbe made in writing to the Company within 28 days of delivery. The Company shallnot be liable in respect of any claim unless the aforementioned requirementshave been complied with except in any particular case where the Client provesthat (i) it was not possible to comply with the requirements and (ii) advice(where required) was given and the claim made as soon as reasonably possible.

20 Our Professional Standards

20.1 Where the individuals to be involved with the Client areidentified in our initial meeting or call, the Company shall use reasonableendeavours to ensure that they are involved. The Company may, however,substitute them for others with similar skills but will ensure that the Clientis kept fully aware of any such changes.

20.2 Should the Company acquire confidential information from theClient concerning their business or affairs, the Company will not disclose thisinformation to any party outside of our Company without the Client’s priorconsent.

21 Your Records

21.1 When the Company’s services are complete the Companywill return to the Client any original documents and records obtained or madeavailable to use which belong to the Client unless they specifically instructthe Company otherwise. The Company will hold all records for a period no longerthan seven years unless they deem them to be of continuing importance.

21.2 Unless the Company is providing software, the Clientwill be responsible for maintaining backups and implementing all other ITprocedures to maintain the security and validity of their data, including anydata used or processed by the Company.

22 Your Obligations

22.1 Whatever the Company’s duties and responsibilities inrelation to the services they provide, the Client will in all cases retain theresponsibility for:

22.1.1 Deciding on the use of, and extent to which they willimplement or follow, advice given by the Company; and,

22.1.2 Achieving any benefits related to the Company’sservices that require implementation or other action by the Client.

22.2 The Health and Safety at Work etc Act 1974, theManagement of Health and Safety at Work Regulations 1999 and the Workplace(Health, Safety and Welfare) Regulations 1992 (each as amended from time totime) apply to the Company’s employees whilst on the Client’s premises. TheCompany acknowledges responsibility to coordinate and cooperate with the Clientwith regard to the health and safety of its employees. While on the Client’sbusiness premises you agree to provide the Company’s employees with theprotection due to them under the above legislation.

23 Use of Our Advice

23.1 The Company may give the Client advice or present areport to them orally, in written form or electronically. The Client may notrely on any oral advice or report unless the advice is confirmed in writing.

24 DataProtection

24.1 The Company confirm that when processing data on theClient’s behalf they will comply with the relevant provisions of the DataProtection Act 1998 and any other relevant legislation.

24.2 The Company will only use the Client’s personal data(including names, addresses and any personal details) to provide the Company’sservices to the Client, which may include sending to them mailshots, technicaland other updates and seminar invitations, and for other related purposes. TheCompany may also send the Client marketing and promotional material either bypost, telephone or e-mail in relation to services, which the Company believemay be of interest to you.

25 Electronic Communication

25.1 The electronic transmission of information cannot beguaranteed to be secure or free of viruses or error and such information couldtherefore be intercepted, corrupted, lost, destroyed, arrive late or incompleteor otherwise became adversely affected or unsafe. The Company uses commerciallyreasonable procedures to check their systems for the current most commonlyknown viruses. The Client, however, is responsible for protecting their ownsystems and interests in relations to electronic communications and viruses.

26 GDPR

26.1 When the Company is sent data directly to them, or it’sinputted into software, such as with email marketing, the Company will use thisinformation and trust that the Client has done all necessary checks their end.The Client understands that they are fully responsible for the data that theyprovide to the Company and that it complies with GDPR. This is not theresponsibility of the Company to check or monitor.

27 Complaints

27.1 If at any time the Client would like to discuss with theCompany how their service could be improved or if they are dissatisfied withthe service they are receiving please let the Company know by contacting thedirector responsible for their affairs. The Company will look into anycomplaint carefully and promptly and do all they reasonably can to resolve theposition.

28 Payment Schedule

28.1 Unless otherwise agreed in writing, the below payment termswill be followed:

28.2 Branding & Rollout
– 50% Upfront Payment – Due 1 day from invoice date
– 50% On Completion – Due 7 days from invoice date
– Additional work to be invoiced in full separately and due 7 days from invoicedate

28.3 Web Design & eCommerce
– 50% Upfront Payment – Due 1 day from invoice date
– 25% On Design Sign Off – Due 7 days from invoice date
– 25% On Completion – Due 7 days from invoice date
– Additional work to be invoiced in full separately and due 7 days from invoicedate

28.4 Illustrations
– 50% Upfront Payment – Due 1 day from invoice date
– 50% On Completion – Due 7 days from invoice date
– Additional work to be invoiced in full separately and due 7 days from invoicedate

28.5 Ongoing Support Services (Retainers, Hosting, Maintenance,etc.)
– Use of our GoCardless mandate functionality – monthly payments will bescheduled

29 Client Agreement

29.1 By making the initial payment you are agreeing to the aboveterms.

30 Variation to Terms and Conditions

30.1 These terms and conditions may be amended from time to time.The latest version of these terms and conditions may be accessed via theWebsite.