Terms and Conditions

Yeah I know, I don’t like them either, but they’re pretty important. This way you get to understand, with absolute transparency, how we collaborate and how we are both protected.

What you need to know is that I have never had a single dispute with a client where I have needed to resort to this formal contract - and I intend to keep it that way.

Looking forward to crafting creative solutions that add value to your brand and help achieve your organisation’s objectives.

Please read these Terms and Conditions carefully.

All contracts that the Designer may enter into from time to time for the provision of the Designer's services shall be governed by these Terms and Conditions.

Written instruction from the Client to the Designer to commence work will be taken as confirmation of acceptance of these Terms and Conditions.

An email is an accepted form of written instruction and forms a Contract for business between the Client and the Designer.

1. Definitions

1.1 In these Terms and Conditions, except to the extent expressly provided otherwise:

"Acceptance Criteria" means compliance with the warranties set out in Clause 4.4;

"Business Day" means any weekday other than a bank or public holiday in England;

"Business Hours" means the hours of 09:00 to 17:30 GMT/BST on a Business Day;

"Charges" means:

(a) such other amounts as may be agreed in writing by the parties from time to time; and

(b) amounts calculated by multiplying the standard time-based charging rates of the Designer (as notified by the Designer to the Client before the date of the Contract) by the time spent by the personnel of the Designer performing the Services (rounded down by the Designer to the nearest quarter hour);

"Client" the individual or organisation who purchases Services from the Designer.

"Client Confidential Information" means:

(a) any information disclosed by or on behalf of the Client to the Designer during the Term (whether disclosed in writing, orally or otherwise) that at the time of disclosure:

(i) was marked or described as "confidential"; or

(ii) should have been reasonably understood by the Designer to be confidential;

(b) the terms of the Contract; and

(c) the Deliverables;

"Client Materials" means all works and materials supplied by or on behalf of the Client to the Designer for incorporation into the Deliverables or for some other use in connection with the Services;

"Contract" means a particular contract made under these Terms and Conditions between the Designer and the Client;

"Deliverables" means those items produced, or proposed, by the Designer for the Client agreed as part of a specific Service Agreement;

"Designer" means Liam Churchard (sole trader);

"Effective Date" means the date of execution of a Service Agreement incorporating these Terms and Conditions;

"Force Majeure Event" means an event, or a series of related events, that is outside the reasonable control of the party affected (including failures of the internet or any public telecommunications network, hacker attacks, denial of service attacks, virus or other malicious software attacks or infections, power failures, industrial disputes affecting any third party, changes to the law, disasters, epidemics, pandemics, explosions, fires, floods, riots, terrorist attacks and wars);

"Intellectual Property Rights" means all intellectual property rights wherever in the world, whether registrable or unregistrable, registered or unregistered, including any application or right of application for such rights (and these "intellectual property rights" include copyright and related rights, database rights, confidential information, trade secrets, know-how, business names, trade names, trade marks, service marks, passing off rights, unfair competition rights, patents, petty patents, utility models, semi-conductor topography rights and rights in designs);

"Minimum Term" means, in respect of the Contract, the period stated in any specific Service Agreement;

“Revision” means any requested change to a concept or design following its initial presentation.

"Services" means the services supplied by the Designer to the Client as set out in any specific Service Agreement.

"Service Agreement" means the description or Proposal of the Services provided by the Designer to the Client.

"Term" means the term of the Contract, commencing in accordance with Clause 2.1 and ending in accordance with Clause 2.2;

"Terms and Conditions" means all the documentation containing the provisions of the Contract, namely the main body of these Terms and Conditions and the Service Agreement, including any amendments to that documentation from time to time; and

"Third Party Materials" means the works and/or materials comprised in the Deliverables (excluding the Client Materials), the Intellectual Property Rights in which are owned by a third party, and which the parties agree in writing shall be incorporated into the Deliverables.

2. Term

2.1 The Contract shall come into force upon the Effective Date.

2.2 The Contract shall continue in force until the acceptance of the Deliverables in accordance with Clause 5, subject to termination in accordance with Clause 15.

2.3 Unless the parties expressly agree otherwise in writing, each Service Agreement shall create a distinct contract under these Terms and Conditions.

3. Services

3.1 The Designer shall provide the Services to the Client in accordance with these Terms and Conditions.

3.2 The Designer shall provide the Services with reasonable skill and care.

3.3 The Designer shall devote such of its personnel's time and expertise to the performance of the Services as may be necessary for their satisfactory and timely completion.

3.4 The Designer shall comply with all reasonable requests and directions of the Client in relation to the Services.

4. Deliverables

4.1 The Designer shall deliver the Deliverables to the Client.

4.2 The Client must promptly, following receipt of a written request from the Designer to do so, provide written feedback to the Designer concerning the Designer's proposals, plans, designs and/or preparatory materials relating to the Deliverables and made available to the Client with that written request.

4.3 The Designer shall use its best endeavours to ensure that the Deliverables are delivered to the Client in accordance with the timetable set out in a specific Service Agreement. These may be affected by circumstances beyond The Designer’s control, as covered in the Clauses 14, 22.1 and 22.1. If at any stage the Designer understands that the deadline will not be met, the Client will be informed, and a new deadline agreed.

4.4 The Designer warrants to the Client that:

(a) the Deliverables will conform with the requirements of any specific Service Agreement as at the date of acceptance of the Deliverables;

(b) the Deliverables will be free from material defects; and

(c) the Deliverables will not infringe the Intellectual Property Rights or other legal rights of any person, and will not breach the provisions of any law, statute or regulation, in any jurisdiction and under any applicable law.

5. Acceptance

5.1 Within 10 Business Days following the delivery of Deliverables to the Client, the Client shall:

(a) review the Deliverables to determine whether they comply with the Acceptance Criteria; and

(b) notify the Designer in writing of the results of such review, providing full details of any non-compliance with the Acceptance Criteria.

5.2 If the Client does not give to the Designer a notice under Clause 5.1, within the period referred to in Clause 5.1, then the Deliverables shall be deemed to meet the Acceptance Criteria.

5.3 If the Deliverables do not comply with the Acceptance Criteria and the Client notifies the Designer of the non-compliance in accordance with this Clause 5, the Designer will have a further reasonable period agreed by the parties (of no less than 5 Business Days and no more than 20 Business Days) to remedy the non-compliance, following which Client will repeat the review.

5.4 The acceptance or deemed acceptance of the Deliverables under this Clause 5 will not prejudice the Client's rights in the event of a breach of Clause 4.4 by the Designer.

6. Client Materials

6.1 The Client must supply to the Designer the Client Materials specified in, and in accordance with any timetable specified in, a specific Service Agreement. The Designer will not be held responsible for any deadlines not met as a direct result of a delay.

6.2 The Client hereby grants to the Designer a non-exclusive licence to copy, reproduce, store, distribute, publish, export, adapt, edit and translate the Client Materials to the extent reasonably required for the performance of the obligations of the Designer and the exercise of the rights of the Designer under these Terms and Conditions.

6.3 The Client warrants to the Designer that the Client Materials will not infringe the Intellectual Property Rights or other legal rights of any person, and will not breach the provisions of any law, statute or regulation, in any jurisdiction and under any applicable law.

6.4 The Client agrees to the Designer’s definition of acceptable means of supplying data and required content to them:

(a) Text is to be supplied to in electronic format as standard text (.txt), MS Word or PDF.

(b) Images and other graphic assets are to be supplied in an electronic format as prescribed by the Designer and must be submitted by email or file transfer (if over 10MB).

(b) Unless otherwise agreed images must be of a quality suitable for use without any subsequent image processing, the Designer will not be held responsible for any image quality which the Client later deems to be unacceptable. Additional expenses may be incurred for any necessary action.

7. Intellectual Property Rights

7.1 The Designer hereby assigns to the Client all of its Intellectual Property Rights in the Deliverables, whether those Intellectual Property Rights exist on the Effective Date or come into existence during the Term, excluding the Intellectual Property Rights in the Client Materials and the Third Party Materials. This assignment is for the full term of the assigned rights, including all extensions, renewals, reversions and revivals, and includes the right to bring proceedings for past infringements of the assigned rights.

7.2 The Designer must use best endeavours to:

(a) do or procure the doing of all acts; and

(b) execute or procure the execution of all documents, that the Client may reasonably request from time to time in order to perfect or confirm the Client's ownership of the rights assigned by these Terms and Conditions.

8. Charges

8.1 The Client shall pay the Charges to the Designer in accordance with these Terms and Conditions.

8.2 If the Charges are based in whole or part upon the time spent by the Designer performing the Services, the Designer must obtain the Client's written consent before performing Services that result in any estimate of time-based Charges given to the Client being exceeded or any budget for time-based Charges agreed by the parties being exceeded; and unless the Client agrees otherwise in writing, the Client shall not be liable to pay to the Designer any Charges in respect of Services performed in breach of this Clause 8.2.

8.3 All amounts stated in or in relation to these Terms and Conditions are, unless the context requires otherwise, stated exclusive of any applicable value added taxes. VAT is not applicable.

9. Payments

9.1 The Designer shall issue invoices for the Charges to the Client from time to time during the Term.

9.2 The Client must pay the Charges to the Designer within the period of 30 days (unless otherwise agreed) following the issue of an invoice in accordance with this Clause 9.

9.3 The Client must pay the Charges by debit card, credit card, direct debit or bank transfer (using such payment details as are notified by the Designer to the Client from time to time).

9.4 If the Client does not pay any amount properly due to the Designer under these Terms and Conditions, the Designer may:

(a) charge the Client interest on the overdue amount at the rate of 8% per annum above the Bank of England base rate from time to time (which interest will accrue daily until the date of actual payment and be compounded at the end of each calendar month); or

(b) claim interest and statutory compensation from the Client pursuant to the Late Payment of Commercial Debts (Interest) Act 1998.

(c) withhold project elements until payment is received.

9.5 When quoted, extended projects may require a non-refundable deposit of up to 25% of the total estimate before any Services commence, with the remaining balance due upon the final Client approval.

9.6 On occasion, projects can incur third party fees that are additional to the original quoted amount but required as the nature of the project progresses. The Designer will only be reimbursed for expenses that have been approved in advance.

10. Designer's confidentiality obligations

10.1 The Designer must:

(a) keep the Client Confidential Information strictly confidential;

(b) not disclose the Client Confidential Information to any person without the Client's prior written consent, and then only under conditions of confidentiality approved in writing by the Client;

(c) use the same degree of care to protect the confidentiality of the Client Confidential Information as the Designer uses to protect the Designer's own confidential information of a similar nature, being at least a reasonable degree of care; and

(d) act in good faith at all times in relation to the Client Confidential Information.

10.2 Notwithstanding Clause 10.1, the Designer may disclose the Client Confidential Information to the Designer's officers, employees, professional advisers, insurers, agents and subcontractors who have a need to access the Client Confidential Information for the performance of their work with respect to the Contract and who are bound by a written agreement or professional obligation to protect the confidentiality of the Client Confidential Information.

10.3 This Clause 10 imposes no obligations upon the Designer with respect to Client Confidential Information that:

(a) is known to the Designer before disclosure under these Terms and Conditions and is not subject to any other obligation of confidentiality;

(b) is or becomes publicly known through no act or default of the Designer; or

(c) is obtained by the Designer from a third party in circumstances where the Designer has no reason to believe that there has been a breach of an obligation of confidentiality.

10.4 The restrictions in this Clause 10 do not apply to the extent that any Client Confidential Information is required to be disclosed by any law or regulation, by any judicial or governmental order or request, or pursuant to disclosure requirements relating to the listing of the stock of the Designer on any recognised stock exchange.

10.5 The provisions of this Clause 10 shall continue in force indefinitely following the termination of the Contract.

11. Designer's publicity obligations

11.1 The Designer must not make any public disclosures relating to the Contract or the subject matter of the Contract (including disclosures in press releases, public announcements and marketing materials) without the prior written consent of the Client.

11.2 Subject to the express confidentiality obligations set out in these Terms and Conditions but notwithstanding the restriction set out in Clause 11.1, the Designer may make the following types of public disclosure without the prior consent of the Client: social media content and/or website case studies.

12. Warranties

12.1 The Designer warrants to the Client that:

(a) the Designer has the legal right and authority to enter into the Contract and to perform its obligations under these Terms and Conditions;

(b) the Designer will comply with all applicable legal and regulatory requirements applying to the exercise of the Designer's rights and the fulfilment of the Designer's obligations under these Terms and Conditions; and

(c) the Designer has or has access to all necessary know-how, expertise and experience to perform its obligations under these Terms and Conditions.

12.2 The Client warrants to the Designer that it has the legal right and authority to enter into the Contract and to perform its obligations under these Terms and Conditions.

12.3 All of the parties' warranties and representations in respect of the subject matter of the Contract are expressly set out in these Terms and Conditions. To the maximum extent permitted by applicable law, no other warranties or representations concerning the subject matter of the Contract will be implied into the Contract or any related contract.

13. Limitations and exclusions of liability

13.1 Nothing in these Terms and Conditions will:

(a) limit or exclude any liability for death or personal injury resulting from negligence;

(b) limit or exclude any liability for fraud or fraudulent misrepresentation;

(c) limit any liabilities in any way that is not permitted under applicable law; or

(d) exclude any liabilities that may not be excluded under applicable law.

13.2 The limitations and exclusions of liability set out in this Clause 13 and elsewhere in these Terms and Conditions:

(a) are subject to Clause 13.1; and

(b) govern all liabilities arising under these Terms and Conditions or relating to the subject matter of these Terms and Conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these Terms and Conditions.

13.3 The Designer will not be liable to the Client in respect of any losses arising out of a Force Majeure Event.

13.4 The Designer will not be liable to the Client in respect of any loss of profits or anticipated savings.

13.5 The Designer will not be liable to the Client in respect of any loss of revenue or income.

13.6 The Designer will not be liable to the Client in respect of any loss of use or production.

13.7 The Designer will not be liable to the Client in respect of any loss of business, contracts or opportunities.

13.8 The Designer will not be liable to the Client in respect of any loss or corruption of any data, database or software.

13.9 The Designer will not be liable to the Client in respect of any special, indirect or consequential loss or damage.

13.10 The Designer makes no warranties of any kind, express or implied, for any and all products and/or services that it supplies.

13.11 The Designer will not be held responsible for any and all damages resulting from products and/or services it supplies.

13.12 While reasonable steps are taken to investigate the materials recommended, The Designer accepts no responsibility for the performance or quality of materials or any consequential loss arising from their failure.

13.13 Any claim against The Designer shall be limited to the relevant fee(s) paid by the Client.

14. Force Majeure Event

14.1 If a Force Majeure Event gives rise to a failure or delay in either party performing any obligation under the Contract, that obligation will be suspended for the duration of the Force Majeure Event.

14.2 A party that becomes aware of a Force Majeure Event which gives rise to, or which is likely to give rise to, any failure or delay in that party performing any obligation under the Contract, must:

(a) promptly notify the other; and

(b) inform the other of the period for which it is estimated that such failure or delay will continue.

(c) when a Force Majeure Event has passed, the parties must communicate any timeline alterations, and address or reaffirm any associated deadlines.

14.3 A party whose performance of its obligations under the Contract is affected by a Force Majeure Event must take reasonable steps to mitigate the effects of the Force Majeure Event.

15. Termination of Contract and/or Cancellation of Service Agreement

15.1 The Designer may terminate the Contract by giving to the Client not less than 30 days' written notice of termination, expiring after the end of the Minimum Term. The Client may terminate the Contract by giving to the Designer not less than 30 days' written notice of termination, expiring after the end of the Minimum Term.

15.2 Either party may terminate the Contract immediately by giving written notice of termination to the other party if:

(a) the other party commits any breach of the Contract;

(b) the other party commits a breach of the Contract, and the breach is remediable but the other party fails to remedy the breach within the period of 30 days following the giving of a written notice to the other party requiring the breach to be remedied; or

(c) the other party persistently breaches the Contract (irrespective of whether such breaches collectively constitute a material breach).

15.3 Subject to applicable law, either party may terminate the Contract immediately by giving written notice of termination to the other party if:

(a) the other party:

(i) is dissolved;

(ii) ceases to conduct all (or substantially all) of its business;

(iii) is or becomes unable to pay its debts as they fall due;

(iv) is or becomes insolvent or is declared insolvent; or

(v) convenes a meeting or makes or proposes to make any arrangement or composition with its creditors;

(b) an administrator, administrative receiver, liquidator, receiver, trustee, manager or similar is appointed over any of the assets of the other party;

(c) an order is made for the winding up of the other party, or the other party passes a resolution for its winding up (other than for the purpose of a solvent company reorganisation where the resulting entity will assume all the obligations of the other party under the Contract); or

(d) if that other party is an individual:

(i) that other party dies;

(ii) as a result of illness or incapacity, that other party becomes incapable of managing his or her own affairs; or

(iii) that other party is the subject of a bankruptcy petition or order.

15.4 The Designer may terminate the Contract immediately by giving written notice to the Client if:

(a) any amount due to be paid by the Client to the Designer under the Contract is unpaid by the due date and remains unpaid upon the date that that written notice of termination is given; and

(b) the Designer has given to the Client at least 30 days' written notice, following the failure to pay, of its intention to terminate the Contract in accordance with this Clause 15.4.

15.5 The Client, at their discretion, may cancel further work on the Designer’s Services. In such a case, all time spent on the project including any additional fees incurred by the Designer will immediately become due and payable in full. If an initial deposit of the design fee has been paid, this will not be refunded. The balance of monies due must be paid within 30 days’.

15.5 Cancellation of a Service Agreement may be made initially by telephone contact, or e-mail, however, following this, The Designer will need formal notification in writing via recorded post.

Please note: any cancellation which is not formally confirmed in writing and received by the Designer within 14 days’ of initial instruction being issued, will be liable for the full quoted cost of the project.

15.6 If the Client does not contact the Designer within 30 days’ after a revision has been presented, then the project will be cancelled subject to the conditions set forth in Clause 15.

16. Effects of termination

16.1 Upon the termination of the Contract, all of the provisions of these Terms and Conditions shall cease to have effect, save that the following provisions of these Terms and Conditions shall survive and continue to have effect (in accordance with their express terms or otherwise indefinitely): Clauses 1, 7.2, 9.2, 9.4, 10, 11, 13, 16, 17.2, 20 and 21.

16.2 Except to the extent that these Terms and Conditions expressly provides otherwise, the termination of the Contract shall not affect the accrued rights of either party.

17. Status of Designer

17.1 The Designer is not an employee of the Client, but an independent contractor.

17.2 The termination of the Contract will not constitute unfair dismissal; nor will the Designer be entitled to any compensation payments, redundancy payments or similar payments upon the termination of the Contract.

18. Notices

18.1 Any notice given under these Terms and Conditions must be in writing, whether or not described as "written notice" in these Terms and Conditions.

18.2 Any notice from one party to the other party under these Terms and Conditions must be given by one of the following methods (using the relevant contact details set out in any Service Agreement):

(a) delivered personally or sent by courier, in which case the notice shall be deemed to be received upon delivery;

(b) sent by recorded signed-for post, in which case the notice shall be deemed to be received 2 Business Days following posting; or

(c) made initially by telephone contact, or e-mail, however, following this formal notification in writing via Clauses 18.2 (a) or (b),

providing that, if the stated time of deemed receipt is not within Business Hours, then the time of deemed receipt shall be when Business Hours next begin after the stated time.

18.3 The addressee and contact details set out in any Service Agreement may be updated from time to time by a party giving written notice of the update to the other party in accordance with this Clause 18.

19. Subcontracting

19.1 Subject to any express restrictions elsewhere in these Terms and Conditions, the Designer may subcontract any of its obligations under the Contract.

20. General

20.1 No breach of any provision of the Contract shall be waived except with the express written consent of the party not in breach.

20.2 If any provision of the Contract is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions of the Contract will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect (unless that would contradict the clear intention of the parties, in which case the entirety of the relevant provision will be deemed to be deleted).

20.3 The Contract may not be varied except by a written document signed by or on behalf of each of the parties.

20.4 The Client hereby agrees that the Designer may assign the Designer's contractual rights and obligations under the Contract to any third party. Save to the extent expressly permitted by applicable law, the Client must not without the prior written consent of the Designer assign, transfer or otherwise deal with any of the Client's contractual rights or obligations under the Contract.

20.5 The Contract is made for the benefit of the parties, and is not intended to benefit any third party or be enforceable by any third party. The rights of the parties to terminate, rescind, or agree any amendment, waiver, variation or settlement under or relating to the Contract are not subject to the consent of any third party.

20.6 Subject to Clause 13.1, these Terms and Conditions shall constitute the entire agreement between the parties in relation to the subject matter of these Terms and Conditions, and shall supersede all previous agreements, arrangements and understandings between the parties in respect of that subject matter.

20.7 The Contract shall be governed by and construed in accordance with English law.

20.8 The courts of England shall have exclusive jurisdiction to adjudicate any dispute arising under or in connection with the Contract.

21. Interpretation

21.1 In these Terms and Conditions, a reference to a statute or statutory provision includes a reference to:

(a) that statute or statutory provision as modified, consolidated and/or re-enacted from time to time; and

(b) any subordinate legislation made under that statute or statutory provision.

21.2 The Clause headings do not affect the interpretation of these Terms and Conditions.

21.3 References in these Terms and Conditions to "calendar months" are to the 12 named periods (January, February and so on) into which a year is divided.

21.4 In these Terms and Conditions, general words shall not be given a restrictive interpretation by reason of being preceded or followed by words indicating a particular class of acts, matters or things.

22. Minimising Delivery Obstacles

22.1 The Designer strives to meet realistic deadlines set and agreed upon through clear communication with the Client, but turnaround will vary from project to project. The amount of time the Client takes to review prior to requesting a revision or approving final artwork will affect turnaround time.

22.2 Any indication given by the Designer of a project’s duration is to be considered by the Client to be an estimation. The Designer cannot be held responsible for any project over-runs, whatever the cause. Estimated project duration should be deemed to be from the date that cleared funds are received by the Designer for the initial payment, if applicable, or by a date confirmed in writing by the Designer.

22.3 Unless otherwise stated, all projects include three rounds of amends in the quoted amount, with any additional revisions agreed being charged at an agreed rate.

The Client is encouraged to take as much time as they reasonably need to deliver accurate feedback on a design. However, excessive review time will alter agreed upon deadlines (see Clause 22.1).

22.4 The Client agrees that changes required over and above the estimated work, or in addition to the agreed scope, or where the Client makes changes to the supplied copy or changes required to be carried out after acceptance of the draft design, will be liable to a separate charge.

22.5 The Client’s acceptance of final artwork must be in writing and will represent the final stage of the work process. An email is accepted as written confirmation but must have clarity in its language. Eg. “Looks good” is not an accepted confirmation.

Any subsequent work requested by the Client in relation to the Deliverable may result in additional charges to the Client at the discretion of the Designer. In this circumstance, the Client will be advised of any additional fees before the work is undertaken. By approving the final work in writing, the Client assumes all responsibility for the subsequent usage of the Deliverable.

23. Errors

23.1 The Designer will not take responsibility for any copy or design errors committed on the part of the Client. The Client is encouraged to proofread all artwork carefully.

23.2 The Designer is not responsible for incorrect dates or misspelled words in files submitted by the Client or Deliverables approved by the Client upon design completion. Under no circumstances will a refund or reprint be honoured for an error in files submitted or approved by the Client.

23.3 For printed works, once the Client has approved a proof from a printer, The Designer is no longer responsible for any errors in the finished document(s), regardless of where the errors originated from.

24. Rights of Refusal

24.1 The Designer reserves the right to refuse work on any basis.

24.2 The Designer will not include in its Services, any text, images or other data which it deems to be immoral, offensive, obscene or illegal.

24.3 All Client Materials that form part of the Deliverables must conform to all standards laid down by all relevant advertising standards authorities. In the situation where any images and/or data that the Designer does include in all good faith, and subsequently discovers is in contravention to such Terms and Conditions, the Client is obliged to allow the Designer to remove the contravention without hindrance, or penalty. The Designer is to be held in no way responsible for any such data being included.

25. Printed Services and Deliverables

25.1 The Designer will supply proofs and PDF files electronically as appropriate for printing, or other graphic files as detailed in the job scope or request.

25.2 The Designer is not responsible for any errors resulting from third party companies used by the Client.

26. Digital Services and Deliverables

26.1 The Designer will supply proofs and PDF files electronically as appropriate for printing, or other graphic files as detailed in the job scope or request.

26.2 Rights of access: The Client agrees to allow the Designer all necessary access to computer systems and other locations, as required, in order to complete a project and until all due funds are cleared, including the necessary read/write permissions, usernames and passwords.

26.3 All digital Deliverables are developed to work primarily across all major browsers and platforms including other devices such as mobile phones and tablets. The Designer does not guarantee complete and/or long term compatibility across every major browser, platform or handheld device due to updates/upgrades by their respective vendors.

26.4 Hosting: the Designer uses third party hosting and does not provide hosting or other email services. the Designer does not guarantee continuous service and will accept no liability for loss of service, whatever the cause.

26.5 Search engine ranking: Due to the number of considerations that search engines use when determining a site’s ranking, the Designer cannot guarantee any particular placement.

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If you have any questions regarding the content of these Terms and Conditions, please use the contact form.

Updated: 09/02/22