Terms & Conditions and Data Policy

We have made revisions to these Terms of Service and Data Policy, effective May 25th, 2018. By continuing to use our services after May 25th, 2018, you agree to the new Terms of Service and Data Policy outlined in this documentation.

Start of Terms & Conditions

The terms and conditions start when entering our top-domain “swadesign.co.uk" and any subdomain or by making contact via any point of communication with us.

General

To purchase any of the service(s) and/or product(s) supplied by SWA Design, you must be a minimum of 16 years of age.

If you are under 18 years of age you must have written permission from a parent/guardian to purchase any service(s) and/or product(s) supplied by SWA Design.

Quotes

SWA Design will carry out work only where a written agreement is entered.

All quotations are valid for 30 calendar days unless stated otherwise.

Once the price of the product(s) and/or service(s) have been agreed upon, it cannot be changed, unless due to an arithmetic error by us.

It is the client’s responsibility to provide all information and/or assets essential to the undertaking of any service requested prior to quotation. We reserve the right to charge extra for any assets, essential to the undertaking of the service, provided or declared after the quotation.

By supplying any assets to SWA Design for inclusion in the client’s product, the client declares that they hold the appropriate copyright, licensing and/or trademark permissions. The client also agrees to fully indemnify and hold SWA Design free from harm in any and all claims resulting from the client not having obtained all the required copyright and/or any other permissions. The ownership of such assets will remain with the client or rightful owner. The client also grants SWA Design permission to use these assets freely in the pursuit of design and/or development.

SWA Design will not include illicit material or content in its services and products. All assets provided by the client must conform to all standards laid down by all relevant authorities. We reserve the right to refuse service to anyone who is using materials deemed by us to be immoral, offensive, obscene or illegal without giving a reason. Any assets provided by the client that SWA Design does use in good faith, which is then found to be in contravention of these Terms and Conditions, the client is obliged to allow SWA Design to remove the contravening material and/or content without hindrance or penalty. SWA Design is to be held in no way responsible for any such assets being included.

SWA Design cannot be held liable for the quality of any assets provided by the client.

Third Party Involvement

Third parties employed by the client may only be involved in the undertaking of our service(s) with our written consent and are solely the client’s responsibility. We cannot be held liable for any action(s) taken by any third party, who are not employed by us.

Under no circumstances are you to give access to any of our services to any third party without our written consent.

Timescales

All timescales stated are purely estimations. We cannot be held liable for delays made to a project for reasons that are out of our control or due to unforeseen circumstances. We reserve the right to terminate any service should those delays mean that the contract cannot be fulfilled.

Account Information

All account information and data collected is stored in accordance with the General Data Protection Regulation (GDPR). For more information, see our Data Policy section.

At a minimum, we store the following details:

  • First Name
  • Last Name
  • Organisation
  • Email
  • Billing Email
  • Telephone
  • Mobile Number
  • Full Address
  • Spoken Language e.g. English

Services

Website Design & Development / Advanced Systems Development

The process is as follows:
Quote > Deposit Payment >Draft Design > Development > Testing > Approval/Completion > Final Payment > Files Transferred > Cooling Off Period > Ownership Transferred

A deposit of 50% of the service cost is required prior to the undertaking of the service. The service will not begin until the deposit has been paid in full via one of the accepted payment methods. For the duration of the service, the design and code cannot be tampered with in any way by anyone other than SWA Design. Should the code and/or the design be found to have been tampered with by anyone other than SWA Design, we reserve the right to charge extra to rectify the code and/or design or to terminate the service.

The client agrees that changes required over and above the estimated work or required to be carried out after the acceptance of the draft design will be liable to a separate charge.

For the duration of the service, you will not own any part of the design and/or code and are not allowed to reproduce any similar designs or code in any way. You will only own the design and code once the final payment has been made and the cooling off period has passed. Any respective third-party code, including our own technologies, remains the ownership of the creator. In the event of a service termination, ownership of the design and code will remain with SWA Design.

Once you have made the final payment for your product(s), you will have a seven calendar day cooling off period in which to raise any issues with your product(s). Any issues raised thereafter are subject to charge.

Fix My Website

The process is as follows:
Quote > Deposit Payment > Draft Design (if appropriate) > Development > Testing > Approval/Completion > Final Payment > Files Transferred > Cooling Off Period > Ownership Transferred

A deposit of 50% of the service cost is required prior to the undertaking of the service. The service will not begin until the deposit has been paid in full via one of the accepted payment methods.

The client agrees that changes required over and above the estimated work or required to be carried out after the acceptance of the draft design will be liable to a separate charge.

For the duration of the service, the design and code cannot be tampered with in any way by anyone other than SWA Design. Should the code and/or the design be found to have been tampered with by anyone other than SWA Design, we reserve the right to charge extra to rectify the code and/or design or to terminate your service.

For the duration of the service, you will not own any part of the design and/or code and are not allowed to reproduce any similar designs or code in any way. You only own the design and code once the final payment has been made and the cooling off period has passed. Any respective third-party code, including our own technologies, remains the ownership of the creator. In the event of a service termination, ownership of the design and code will remain with SWA Design.

Once you have made the final payment for your product(s), you will have a seven calendar day cooling off period in which to raise any issues with your product(s). Any issues raised thereafter are subject to charge.

Hosting

The process is as follows:
Quote > Payment in Full > Files Transferred > Product Made Live > Invoice for Renewal > Hosting Service Renews

A full payment for the first hosting period is required prior to the undertaking of the service. The service will not begin until payment for the first hosting period has been paid in full via one of the accepted payment methods.

We reserve the right to enact defensive movements to maintain the stability of our systems for all clients. If you believe your website may be susceptible to high or otherwise abnormal usage you must contact us to discuss the suitability of your hosting environment.

Email hosting must only be used as a communication tool and not for any form of email marketing such as newsletters or messages to a group of more than 100 recipients. If you are found to be using your email services for anything other than the intended purpose, we have the right to suspend and/or terminate the service.

We reserve the right to terminate your service if illicit material or content appears on your product(s).

All hosting services automatically renew at the end of the hosting period. By purchasing a hosting package from SWA Design, the client agrees that to cancel their contract they must provide a minimum of 30 days notice. In the case that less than 30 days notice is provided by the client to cancel a hosting contract, SWA Design reserves the right to recover the full amount of the service cost, which would have been incurred by the renewal of the hosting contract.

Domain registration, renewal, transfer and restoration

Our hosting packages include a free domain registration or transfer for a .be / .biz / .co.uk / .com / .de / .eu / .info / .ltd.uk / .me.uk / .net / .org / .org.uk domain name. All other extensions are excluded from this offer due to their additional cost. Please contact us if you wish to order a different extension. The registration period for all domains is one year.

Hosting package renewals include a free domain renewal. The purchase of a new domain or transfer of an existing domain will incur a separate charge.

We will always register, transfer and renew domain names in our client’s name - never in our own. You are always in control of every aspect of your domain name(s). Any changes made to your domain’s WHOIS data will be done on your behalf via us. It is solely your responsibility to keep this data correct.

Graphic Design

The process is as follows:
Quote > Deposit > Draft > Design Revisions > Final Design & Acceptance > Final Payment > Files Transferred > Cooling Off Period > Ownership Transferred

A deposit of 50% of the service cost is required prior to the undertaking of the service. The service will not begin until the deposit has been paid in full via one of the accepted payment methods.

The client agrees that changes required over and above the estimated work or required to be carried out after the acceptance of the draft design will be liable to a separate charge.

For the duration of the service, you will not own any part of the design and are not allowed to reproduce any similar designs. You only own the design once the final payment has been made and the cooling off period has passed. Any respective third-party graphics, including our own graphics, remains the ownership of the creator. In the event of a service termination, ownership of the design will remain with SWA Design.

Once your files have been sent, you will have a seven calendar day cooling off period in which to raise any issues with your product(s). Any issues raised thereafter are subject to charge.

Printing

The process is as follows:
Quote > Payment in Full > Order Submitted > Product(s) Delivered > Cooling Off Period

All printing costs are to be paid in full prior to the undertaking of the service.

All artwork is approved and signed-off by the client prior to the order being placed. If the artwork is later found to contain a mistake, we cannot be held liable for the error.

Delivery of our print products varies between supplier. You will be informed in advance of approximate delivery dates, guarantees, charges and the length of your cooling off period in which to raise any issues with your product(s) before we place your order with our supplier.

Once your product(s) have been delivered, you must raise any issues with your product(s) immediately. In the case a product fault is raised by the client, we will contact and submit a complaint to the supplier on your behalf. All refunds and replacements of print products are given at the supplier's discretion.

Payments

All invoices for hosting services are generated 30 days in advance and are sent to your billing e-mail address. A reminder email is sent 14 days before the invoice is due. It is your responsibility to ensure this e-mail address is kept up to date and can receive emails from us.

All services and products must be paid for by the due date shown on the invoice unless an adjustment has been agreed in writing. Failure to pay on time will result in an automatic fine of £20 for each outstanding invoice. A further £20 fine will be added to each outstanding invoice for every month they are left outstanding. Should they remain unpaid for more than 30 days, your services will be suspended. All fines remain valid unless due to an administrative or arithmetic error by us.

Any accrued fines will be added to your invoice(s) and sent to your billing e-mail address.

Unless otherwise stated, all payments must be received in UK Pounds sterling. If you pay by foreign bank transfer, then you will be responsible for all foreign currency charges.

All payments should be made via cheque, electronic bank transfer (BAC) or Stripe Payment Gateway.

We reserve the right to alter our prices at any time and will provide written notice of any price alteration via your billing e-mail address. A price alteration will not affect any current services that you hold with us at the point in which you receive your written notice of the price alteration and will only become effective upon the purchase of a new service or the renewal of your hosting service.

You warrant that you are lawfully authorised to make payment using the payment card or facility you disclose to us. In the event where you are not the named payee, you acknowledge that you and the named payee both accept these terms and conditions and are jointly and severally liable for any payment(s) due. You hereby indemnify us in the event that the named payee or issuer declines any transaction for payment, including our costs in recovering the outstanding amount due.

If you attempt a chargeback or dispute a transaction with your bank, we reserve the right to suspend all services provided to you with immediate effect and withhold any products ordered. Services and products will remain suspended and withheld until such a time as the chargeback has been fully reversed in our favour.

Cancellation, refunds, termination and disputes

SWA Design reserves the right to terminate your account for any valid reason.

A breach of any of our terms and conditions will result in the immediate suspension of all services and/or an account termination with no refund.

Website Design & Development, Advanced Systems Development, Fix My Website and Graphic Design services cannot be cancelled once the final product has been approved by the client.

Hosting services require a minimum cancellation notice of 30 days before the next billing date. In the case that less than 30 days notice is provided by the client to cancel a hosting contract, SWA Design reserves the right to recover the full amount of the service cost, which would have been incurred by the renewal of the hosting contract.

Refunds will only be granted at our sole discretion and where there is a genuine irreconcilable problem with the service and/or product.

Setup fees, deposits and printing fees are non-refundable.

Any disputes should be expressed in writing via a valid written contact method as listed on our contact page.

Client Conduct

Under no circumstances will we tolerate threatening or abusive behaviour towards us. Should this occur, we reserve the right to terminate any agreement with immediate effect.

Should the client, during the course of any conversation, make reference to “legal action” or say anything we might reasonably understand to imply or infer that the client may intend to pursue a legal claim against us, we reserve the right to refuse telephone or in-person support going forward. Any further correspondence must then be sent by email or post.

Should we feel that your needs would be better served by another provider, we reserve the right, at our sole discretion, to terminate any service/product agreement. Where it is reasonable to do so, we will provide 30 days notice of termination and provide a backup of all assets associated with the product/service.

SWA Design reserves the right to terminate your account if:

  • You demand excessive work without payment.
  • You use illicit material or content on any of your communications or product(s) associated with us or our services.
  • You or any third party you employ make any attempts at hacking or misusing of our online services.
  • You give access to any of our services to any third party without our written consent.
  • If you refuse payment for any invoices due.
  • If you provide false information on your identity or your billing details.

Rights on Termination

Termination of this agreement does not affect your pre-existing liability or affect our right to recover damages or pursue any other remedy in respect of any breach of this agreement by you.

In the event of us terminating this agreement due to a breach of these conditions by you, we shall be entitled to the balance of all payments which would but for such termination have accrued up to the earliest date on which this agreement could have been terminated by you.

The entire liability of SWA Design to the client in respect of any claim whatsoever or breach of this agreement, whether or not arising out of negligence, shall be limited to the charges paid for the services under this agreement in respect of which the breach has arisen.

SWA Design cannot be held liable for any loss of business, loss of opportunity or loss of profits or for any other indirect or consequential loss or damage whatsoever. This shall apply even where such a loss was reasonably foreseeable or SWA Design had been made aware of the possibility of the client incurring such a loss.

A change of details

We have the right to change any username or password allocated to you for the purpose of essential network maintenance, enhancement, modernisation or other work deemed necessary to the operation of the Internet.

Similarly, we have the right to alter the hosting environment your site runs in, to one with like-for-like features, as long as reasonable notice is given and there is no disruption to the service. The only reason we would do this is if it represented an ‘upgraded’ environment for the client.

Account Support / Emergency Contact

We provide support via e-mail and phone. To provide efficient services and to comply with data protection laws, any requests for changes to your account (including billing changes, password changes or any other technical changes) must be submitted by e-mail from your registered e-mail address.

For support during our working hours, Monday-Friday 9:00 -17:00 GMT, our standard hourly and project rates apply.

Seven days written notice will be provided via your e-mail for any scheduled leave we have planned.

For out of hours contact, for any non-emergency support or support required as a consequence of the client’s negligence, the following hourly rates detailed will be charged:

Monday-Friday17:01-08:59 GMT£80 per hour
Saturday-Sunday00:00-23:59 GMT£120 per hour
Scheduled LeaveN/A£120 per hour

Data Policy

This data policy is written to help explain how the data we hold on you is collected and processed in accordance with the General Data Protection Regulation act.

Permission to store data about you

The minimum age for us to process your data is 16 years of age. If you are under 18 years of age and require our services, we will need written permission from parents/guardians before you can purchase any products and/or services from us.

If you are under 18 years of age, we require a parent/guardian aged 18 or over to supply billing data on your behalf.

We will always inform and request permission from you before storing any data required. We will state clearly how and what we are using the requested data for. In the case we request information through a third party platform, we will always show valid and clear identifiable details so you can be assured it is us collecting your data. A confirmation of all data requests will be made clear in writing. All data recorded will have a record of who created it, when it was created and last modified.

We will only keep your data for up to six years after your relationship with us ends unless we are required to keep it longer for judicial reasons.

Third parties’ use of your data

Any third party services that we use for purposes such as accounting or creating and distributing service update emails to our clients, will be regularly updated with your account information.

All data collected by third-party services on our behalf are subject to their own data policies.

Keeping your information up-to-date

It is your responsibility to keep your account information correct. If at any point your account information has changed, please inform us so we can update our records.

Any changes made to your account information will be done by us on your behalf.

Requesting data

All data we have stored on you is stored for the purposes of an active contract with us or for historic and statistic purposes. At any point, you can submit a written request for a copy of the data we have stored on you. Your data will be delivered in a format that is widely accessible on all devices. We will respond to all requests within 30 days from the point of receiving the request.

Data security

To prevent a digital data breach, where possible, we use two-factor authentication and strong passwords to access sensitive data throughout our services. We regularly back up our digital data to a secure password protected device. All stored passwords on our devices use encrypted cloud storage to synchronise passwords across multiple devices. All physical personal information is kept in a secured storage unit and can only be accessed by us.

In the event of a data breach, we will notify you immediately and carry out a full investigation to secure the data as quickly as possible. After an investigation, we will provide a report on what caused the breach and what will be done to prevent a breach occurring again.

Secure removal of data

Any data requests to destroy your information will be deleted from our systems securely using industry standard methods such as erasing digital data permanently and cross-shredding printed information. Any information held by third-party services will be deleted in accordance with their policies.

Contact Information

If you do not agree with any part of these legal terms or data policies, please write to us at:

Email: hello@swadesign.co.uk   Subject: Legal Enquiries

SWA Design - Legal Enquiries
31 Nottingham Road
Stapleford, Nottingham
NG9 8AB, UK


© SWA Design 2018.
Errors and omissions excepted.

If you print/copy this document it must contain all original information.