Terms + Conditions.

 

Design - How we work

We will always do our best to fulfil your needs and meet your goals, but sometimes it is best to have a few simple things written down so that we both know who should do what and what happens if things go wrong. 

As our client, you have the power and ability to enter into this contract on behalf of your company or organization. 

You agree to provide us with everything that we need in a timely manner to complete the project including text, images and other information as and when we need it, and in the format that we ask for. Please note we can take up to 48 hours to answer email, so please be patient. You agree to review our work, provide feedback and sign-off approval in a timely manner too. 

Deadlines work two ways and you will also be required to work to any dates that we set together. If you are unable to keep to these deadlines the other date and deadlines in the project, and its finish date, will be affected.

  1. The Assignment

Either

    1. The Assignment is to create a brand and branding materials for your business. 

      1. PAGE AND LOOKER will create a brand design concept for you to include logos, guidance on colours, fonts and formats, licensing for design elements, such as the fonts, of the Assignment and then present our ideas and proposals to you for review and approval.

      2. The Assignment includes one main design concept (as described in clause 1.1.1) taken to presentation plus the opportunity for you to make up to two revisions.

Or

    1. The Assignment is to create a website for your business. 

      1. PAGE AND LOOKER will create a design for the look-and feel, layout and functionality of the website.

      2. This includes one main design plus the opportunity for you to make up to two revisions.

      3. PAGE AND LOOKER will not host the website, nor have any ownership in the website after the Assignment is complete and our Fees are paid.

      4. Alternatively, you will set up the website hosting and platform, usually through Square Space and add PAGE AND LOOKER as a contributor to allow us to build directly to the site. We will agree the template to be used for your site, and a design brief for us to add text and images in accordance with that brief. Such Assignments will be to create a set number of pages specified in the Proposal and any extra pages or extra functionality shall be subject to additional costs.

      5. You agree to provide all copy and images for the site for us to add, upload or use, unless we have agreed otherwise in writing.

      6. Whilst the site is under construction you will not amend, add or otherwise upload content to the site, save as agreed by us.

      7. During construction of the site, we may require your log in details for social media accounts, or other contact details, which you agree to provide to us. It is advisable that you change such shared log in details, after the completion of the Assignment.

      8. Upon completion of the Assignment you will remove PAGE AND LOOKER access rights to the site.

      9. Any requests for assistance with the website after completion of the Assignment will be subject to additional charges and fees.

      10. We accept no responsibility whatsoever for any third party plug-ins you request or need for the site to function correctly, and we are not responsible for the payment of or maintenance of such subscriptions at any time during or after the Assignment.

1.3 You grant to PAGE AND LOOKER a licence to use any work created in this Assignment to show off our work, and share what we have learned with other people, together with the right to display and link to your completed project as part of our portfolio and to write about the project on websites, and in our marketing materials. If you do not wish to grant this licence you must confirm this in writing to pam@pageandlooker.com within 7 days of entering into this agreement.

2. Price and payment

2.1 Price for the Assignment is set out in the Proposal (there is no VAT) (“the Price”). The Price includes any expenses that will be incurred by PAGE AND LOOKER and includes one site meeting to discuss the Assignment. Further site meetings will attract additional charges.

2.2 A deposit (“the Deposit”) of 50% of the Price shall be paid upon entering this agreement unless agreed otherwise by us in writing – please refer carefully to Clause 3. This is to secure the time slot agreed for the design concepts and build time.

2.3 The balance of the Price shall be paid upon completion of the Assignment.

2.4 The Price (whether paid by instalments or otherwise) and the Deposit shall be the Fees. 

3. Cancellation of agreement and the Deposit

3.1 Once the Deposit has been paid, the Assignment can be cancelled by either party in writing or by email to pam@pageandlooker.com subject to the matters set out in this clause. 

3.2 If PAGE AND LOOKER cancels the Assignment, the Deposit will be returned to you, and no further sum or compensation will payable to You by PAGE AND LOOKER arising from such cancellation.

3.3 If You cancel the Assignment at any time after entering into this agreement, the Deposit is forfeited, and the balance Fees become immediately due.

4. Copyright

4.1 You guarantee to us that any elements of text, graphics, photos, designs, trademarks, or other artwork that you provide us for inclusion in the Assignment are either owned by you, or that you have permission to use them. 

4.2 When we receive your final payment of the Fees, copyright in the work is automatically fully assigned to You. You then own the work created for this Assignment and we will give You a copy of all the relevant electronic files. 

4.3 It is your responsibility to store them safely as we will not keep copies nor provide any native source files that we used in making them.  


5. General Terms and Conditions

5.1 Instructions by You to proceed, and /or any amendment of copy we have sent to You for approval, will constitute an acceptance in full of these Terms and Conditions.

5.2 The Services shall terminate when they are completed, and all payments have been made in full. Variations to the Services may only be agreed in writing.

5.3 PAGE AND LOOKER shall use reasonable endeavours to meet any performance dates, but such dates shall be estimates only, and time is not the essence of the contract.

5.4 The Fees will be paid after invoices rendered from time to time. No VAT is applicable. Payment terms are 14 days, and payment is not deemed to have been made until the Fees have been paid in full. If payment is not made in full and within time the Services may be suspended and payment in advance may be required before the Services are re-commenced. PAGE AND LOOKER reserves the right to require all Fees to be paid in advance of the commencement of the Services where applicable and agreed in writing.

5.5 Interest - If payment is not made in accordance with the above clauses, PAGE AND LOOKER reserves the right to charge a one off administration fee of £50 to administer the late payment and additionally  interest compensation and costs where applicable at the rate prescribed by the Late Payment of Commercial Debt (Interest) Act 1998 from the date payment was due until the date payment is made.

5.6 Each party will keep the confidential information of the other party and any third party confidential and secret, and only use it for the purposes of supplying the Services, or making proper use of the Services. Each party recognises and accepts its obligations with regard to the control and the processing of personal data under the current data protection legislation and regulations. For more information on this, please see our Privacy Notice on our website at https://www.pageandlooker.com/privacypolicy

5.7 PAGE AND LOOKER will use reasonable care and skill in performing the Services. In respect of any other direct losses (in Contract or Tort) the total liability of PAGE AND LOOKER will not exceed £1,000,000.00 (one million pounds)

5.8 PAGE AND LOOKER's liability in respect of any loss of good will, loss of business, loss of profits, loss of anticipated savings, loss of use or for any other consequential, special or indirect loss or damage will be NIL. 

5.9 Nothing in these Terms will exclude or limit liability for death or serious injury caused by PAGE AND LOOKER's negligence.

5.10 The Services may be terminated if: 

  1. payment of the Fees is not made in accordance with these terms, or 

  2. You commit a material breach of any of these terms and fail to remedy the breach within 14 days of being notified in writing, or

  3. You fail to give any instructions or have no communication with PAGE AND LOOKER for a period of 28 days without prior written agreement, or

  4. You make any statement or behave in any way that is discriminatory, or

  5. You enter into any form of insolvency arrangement, or suspend your business.

Upon termination you shall immediately pay any outstanding sums to PAGE AND LOOKER.

5.11 PAGE AND LOOKER shall not be liable for any breach of contract due to force majeure.

5.12 Nothing in these terms are intended to create a partnership or joint venture between PAGE AND LOOKER and You, and no party has the right to act as agent for the other or to bind the other party in any way.

5.13 These terms and any dispute arising from them shall be governed by the laws of England and Wales.

Please remember that computer screens do not ensure a true representation of colour, therefore very slight variations may occur on the final product. If you require printed proofs these can be arranged but an additional fee will be charged and this will also effect timings on projects. 

Wording and proofs

It is your responsibility to make sure the text you supply is has no errors, if you have requested our copywriting service please review all content we supply as we cannot be held responsible for any spelling mistakes or wording errors in the designs. In the final pdf proof, sent to your chosen email address, make sure you triple check the wording and spelling. If there are any changes needed another proof 2 proofs will be sent out to you. After this time any further amendments will incur a charge which will be discussed with you prior to any amends being made.

Page + Looker cannot be held responsible for any errors that have gone unnoticed after the proofs have been approved by you. Any errors noticed after the printing process are not my responsibility and reprints will be re-costed. 

If an error is made on my part I will replace the items free of charge and deliver them as soon as possible. However in the event of your order being cancelled by yourselves I cannot refund any money once work has begun. 

Delivery

All orders will be sent to the address you supply by royal mail first class recorded delivery, requiring a signature on delivery. Please make sure the address you supply is where you will be able to sign for the package. I accept no responsibility for items lost in the post or delayed due to postal strikes or circumstances out of our control.