It is not necessary for any Client to have signed an acceptance of these Terms and Conditions for them to apply. If a Client accepts an estimate or a quote then the Client will be deemed to have satisfied themselves as to the terms applying and have accepted these Terms and Conditions in full. Please read these Terms and Conditions carefully. Any purchase or use of our services implies that you have read and accepted these Terms and Conditions.
Termination of services by the Client must be requested in a written notice and will be effective on acceptance of such notice. The Client will be invoiced for any work completed to the date of first notice of termination. In the case termination is initiated by the Customer before any deposit is in our account, but after any contract is signed or quote/estimate is accepted, the Company reserves the right to demand payment of the deposit immediately. Spencer Design reserves the right to cancel the service at any time if a Customer contravenes these Terms.
SUSPENSION OF SERVICES
We reserve the right to suspend all or any of the services that we have given to you, including those that have been already paid for should any of these terms not
CHARGES AND PAYMENTS
The price that we charge you for our services is stated in your proposal and/or invoice. You will pay to us all the charges on or before their due dates. Payment requirement is typically stated on the invoice as 14 days after invoice date. You can and may request additional services at any time after your Agreement has started. If we agree to provide you with these services you will pay the additional charges they incur. We will charge you for any administration costs and/or loss of work that have occurred for any payment not being met on time, for whatever reason. The charge for delayed payment is a minimum of £40. All payment is in Pound Sterling. Depending on the type of agreement and unless agreed otherwise in writing we will invoice on the basis of work performed, on a calendar month. For fixed price projects, we will typically invoice at agreed key milestones during the project time period.
We will not refund payments on time spent/services rendered, since Spencer Design charges are based on the hours of work spent on the project. If a Customer contravenes the Company’s terms of service, a refund will not be issued. Fixed price projects, will include sets of iterations agreed at the start of the project, to ensure the quality is high. All deposits are non-refundable under any circumstances. If at any time in the service rendering process, you are not satisfied with the quality of work, you may bring it to our attention.
COPYRIGHT AND INTELLECTUAL PROPERTY
The Client retains the copyright to data, files and artwork provided by the Client, and grants Spencer Design the rights to publish and use such material. The Client must obtain permission and rights to use any information or files that are copyrighted by a third party. The Client is further responsible for granting Spencer Design permission and rights for use of the same and agrees to indemnify and hold harmless Spencer Design from any and all claims resulting from the Client’s negligence or inability to obtain proper copyright permissions. Unless explicitly specified in writing, it is assumed that: Spencer Design will hold all copyright to websites, graphic and logo designs and can grant the Client the rights to publish and use such material; It will remain the sole intellectual property of Spencer Design; Spencer Design will own the intellectual property rights in any service given to you, unless otherwise agreed in writing. You have no resell rights.
Spencer Design respects privacy of its clients. Spencer Design will not monitor, edit, or disclose any personal information about your accounts, including hosted content, without your prior consent, unless Spencer Design has a good faith belief that such action is necessary to: (a) comply with legal process or other legal requirements of any relevant authority; (b) protect and defend the rights or property of Spencer Design; (c) enforce the terms of a Task Order, or these Terms and Conditions; or (d) protect the interests of users of Spencer Design’s hosting services. You acknowledge and agree that your IP address is transmitted and recorded with each message sent from the hosting service. You will maintain secrecy of your passwords and will be solely responsible for any unauthorised access to your account by any person.
LIMITATION OF LIABILITY
Spencer Design (including Deborah Spencer), hereby excludes itself, its employees and/or agents from all and any liability: Spencer Design (including Deborah Spencer) shall not be liable for any loss or damage, including but not limited to loss of data, loss of profits/sales, website downtime, loss of business and/or staff, caused by or arising (directly or indirectly) from inaccuracy, omission, delay or error. The entire liability of Spencer Design to the Client in respect of any claim whatsoever or breach of this Agreement, shall be limited to the charges paid for the Services under this Agreement. We are liable to you to cover the contract and services provided to you as long as none of the other points in this contract are broken by you.
You agree to use all Company services and facilities at your own risk and agree to defend, indemnify and hold Spencer Design (including Deborah Spencer) harmless from any and all demands, liabilities, losses, costs and claims. You agree that this indemnification extends to all aspects of the work completed by Spencer Design (including Deborah Spencer).
Spencer Design will not be responsible for any losses or damages your business may suffer. Spencer Design makes no warranties of any kind, expressed or implied for services we provide. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by Spencer Design or its employees. The Company cannot guarantee the functionality or operations of a website or that it will be uninterrupted or error free. While every attempt will be made in the unlikely event of any corruption, software or hardware failure to restore website data and content, the Company cannot guarantee a website be restored to original state. Spencer Design is not responsible for any content published on your website, in graphic design or print services that infringes any law, copyright or compliance. The Customer is solely responsible for the security, confidentiality and integrity of all the content and messages received, transmitted through or stored on the web/server hosting service.
These Terms and Conditions supersede all previous representations, understandings or agreements. To maintain the quality of our service to our clients we reserve the right to change these Terms and Conditions and the nature of our services at any given time.
All notices must be in writing via email or addressed to Spencer Design, 10 Millstream Meadow, Chudleigh, Newton Abbot. TQ13 0PG. Notices to the Customer will be considered validly given if addressed to your address.
In the event any one or more of the provisions of this Agreement shall be held to be invalid, illegal or unenforceable, the remaining provisions of this Agreement shall be unimpaired and the Agreement shall not be void for this reason alone. Such invalid, illegal or unenforceable provision shall be replaced by a mutually acceptable valid, legal and enforceable provision.
The signatory to this Agreement warrants that he/she has the authority to commit the Customer to this Agreement.
Please contact us should you have any questions or wish to discuss this in more detail.