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Terms & Conditions


These Terms and Conditions and any supplemental document(s) are effective for any goods and/or services provided by SWA Design LLP from 17 September 2020. By continuing to use our goods and/or services, you agree to be bound by these Terms and Conditions.  Please provide your acceptance to these Terms and Conditions by signing and retuning a copy to us.

Start of Terms & Conditions

These 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.

In these terms and conditions: 

General

To purchase any goods and/or services from us, 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 goods and/or services from us.

Quotes

We will only provide our goods and/or services to you only where a contract has been entered into between us and you, prior to such goods and/or services being provided.

We will provide you with a written quotation following a request from you to provide goods and/or services to you.

All quotations are valid for 30 calendar days from the date of the quotation unless stated otherwise, following which it will automatically be withdrawn. A new quotation will be required after such expiry date.

Upon receipt of your agreement to the quotation, we will not alter the price stated on the quotation unless an error in calculating the price has occurred. We will of course liaise with you should this situation arise. 

The quotation will include details of the goods and/or services we will provide to you. Such details will be provided on the basis that you have provided to us all and any relevant information and/or assets required and/or requested by us to provide you with a quotation. 

Should you require any additional work to be undertaken by us, additional charges will be applicable. We will liaise with you as soon as possible once we envisage that further work is required, beyond the scope of the quotation.

We will not be held liable for any losses, damages, liabilities, costs (including legal fees) and expenses incurred by you resulting from you not providing us with all information required and/or requested in order for us to provide a quotation and/or providing you with the goods and/or services.

Please note, all deposits referred to in these Terms and Conditions and quotations are non-refundable, unless specified otherwise. 

Third-Party Involvement

Third parties employed by you may only be involved in the undertaking of our goods and/or services with our prior written consent and are solely your responsibility. We cannot be held liable for any action(s) taken by any third party.

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

Third Party Instructions

At our absolute discretion, from time to time we may accept instructions and provide goods and/or services through a third-party company for use by an end-user. 

In such circumstances, a further set of supplemental terms and conditions will be provided. 

We will of course discuss this situation with you should the need arise.

Timescales

All timescales stated on our quotations or otherwise are purely estimations. We will not be liable for delays made to a project for reasons that are out of our control or due to unforeseen circumstances or otherwise. 

We reserve the right to terminate any service should any actual or anticipated delays mean that, in our opinion, the contract cannot be fulfilled.

Distance Selling

Where you are a consumer and have placed an order for goods and/or services with us remotely, you hereby acknowledge that the cooling off period rights under the Consumer Contract (Information, Cancellation and Additional Charges) Regulations (CCR) shall not apply.

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 (available upon request).

At a minimum, we store the following details:

Services

Website Design & Development / Web Application Design & 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 price detailed on the quotation is required prior to us undertaking any provision of services, and in any event, within 7 days of accepting our quotation, unless stated otherwise by written agreement. We will not start providing this service until the deposit has been paid in full via one of our accepted payment methods. 

Any website or web application design/development we produce will be compatible with the latest version of Google Chrome, Fire Fox, Safari, Microsoft Edge, Microsoft Internet Explorer, IOS, Android and Opera available at the time of production. 

We do not offer any guarantees that any such design/development will be compatible with any previous versions of the browsers detailed above or any other browser not detailed above. 

It is your solely your responsibility to ensure that any website or web application design and/or development is appropriate for your needs.

For the duration of the service, the design and code of the website design/web application cannot be tampered with in any way by anyone other than us. 

Should the code and/or the design detailed above be found to have been tampered with in any way by anyone other than us, we reserve the right to charge reasonable additional fees to rectify the code and/or design or to terminate the service with immediate effect. If the services are terminated with immediate effect, the full service price plus any outstanding fees or costs will be due and payable immediately.

For the duration of the service, you will not own any intellectual property rights for the design and/or code in any way and you are not permitted to reproduce any same or similar designs or code in any way. The intellectual property rights for any design and/or code produced for you by us will only pass to you once the final payment plus any outstanding additional charges, has been made and the cooling off period detailed in the next paragraph 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 intellectual property rights for the design and/or code will remain with us.

Once the final payment plus any outstanding additional charges, has been made, you will have a seven calendar day cooling-off period in which to raise any issues with your product(s) within which we will attempt to rectify any issues you raise within the scope of the quote. Any work carried out as a result of issues raised thereafter or outside of the scope of the quotation, is 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 price detailed on the quotation is required prior to us undertaking any provision of services, and in any event, within 7 days of accepting our quotation, unless stated otherwise by written agreement. We will not start providing this service until the deposit has been paid in full via one of our accepted payment methods. 

For the duration of the service, the design and/or code of your website design/web application cannot be tampered with in any way by anyone other than us. 

Should the code and/or the design detailed above be found to have been tampered with in any way by anyone other than us, we reserve the right to charge reasonable additional fees to rectify the code and/or design or to terminate the service with immediate effect. If the services are terminated with immediate effect, the full service price plus any outstanding fees or costs will be due and payable immediately.

For the duration of the service, you will not own any intellectual property rights for the design and/or code in any way and you are not permitted to reproduce any same or similar designs or code in any way. The intellectual property rights for any design and code produced for you by us will only pass to you once the final payment plus any outstanding additional charges, has been made and the cooling off period detailed in the next paragraph 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 intellectual property rights for the design and/or code will remain with us.

Once the final payment plus any outstanding additional charges have been made, you will have a seven calendar day cooling-off period in which to raise any issues with your product(s) within which we will attempt to rectify any issues you raise within the scope of the quote. Any work carried out as a result of issues raised thereafter or outside of the scope of the quotation, is subject to charge.

Hosting

The process is as follows:

Quote > Payment in Full > Files Transferred > Product Made Live > Invoice for Renewal > Hosting Service Renews

The quotation we provide to you will detail the full price for the hosting period (as referred to on the quotation). 

Full payment for the first hosting period is required prior to the undertaking of the service. Upon formal acceptance of our quotation, we will provide you with an invoice for the full hosting period. 

We will not begin to provide this service until payment for the first hosting period has been paid in full via one of our accepted payment methods.

You must notify us of any technical issues you have with your website in order for us to rectify such issue. As we do not routinely monitor your website, we cannot be held liable for any issues that arise with your website which are not notified to us.

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

You must immediately notify us as soon as you become aware of a breach or potential breach of your website or web application security and/or any other application produced by us. You will be held liable for any damages, losses, costs incurred by us if you fail to notify us of a breach or potential breach of your website or web application security. 

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 stipulated in these Terms and Conditions, we have the right to suspend and/or terminate your service without reimbursement of any sums you have paid to us. 

Website Maintenance

The process is as follows:

Quote > Payment in Full > Files Transferred > Product Made Live > Invoice for Renewal > Website Maintenance Service Renews

Full payment for the first website maintenance period, as detailed on the quotation, is required prior to us providing this service. We will not begin to provide any such services until full payment for the first website maintenance period as detailed on the quotation has been paid in full via one of the accepted payment methods.

Any work carried out to maintain a website under a website maintenance package will be done only at your request. It is your sole responsibility to request any work and provide all and any assets necessary and/or requested by us for the maintenance of your website. The time period assigned for any work necessary for the maintenance of a website, is provided on a month to month basis and cannot be carried over. 

Domain registration, renewal, transfer and restoration

Our hosting packages include a free domain registration or transfer for a .biz / .co.uk / .com / .info / .ltd.uk / .me.uk / .net / .org / .org.uk domain name. All other extensions are excluded from this offer. 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 your name – never in our own. 

You are always in control of every aspect of your domain name(s). While you have a hosting package with us, any changes made to your domain’s WHOIS data will be done on your behalf by us. It is solely your responsibility to ensure that this data is kept up to date and 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 price detailed on the quotation is required prior to us undertaking any provision of services, and in any event, within 7 days of accepting our quotation, unless stated otherwise by written agreement. We will not start providing this service until the deposit has been paid in full via one of our accepted payment methods. 

For the duration of the service, you will not own any intellectual property rights for the graphic design in any way and you are not permitted to reproduce any same or similar designs in any way. The intellectual property rights for any design produced for you by us will only pass to you once the final payment plus any outstanding additional charges, has been made and the cooling off period detailed in the next paragraph has passed. Any respective third-party designs, including our own technologies, remains the ownership of the creator. In the event of a service termination, ownership of the intellectual property rights for the design will remain with us.

Once the final payment plus any outstanding additional charges have been made, you will have a seven calendar day cooling-off period in which to raise any issues with your product(s) within which we will attempt to rectify any issues you raise within the scope of the quote. Any work carried out as a result of issues raised thereafter or outside of the scope of the quotation, is subject to charge.

Social Media Marketing/Management

Full payment for the first social media marketing/management period, as detailed on the quotation, is required prior to us providing this service. We will not begin to provide any such services until full payment for the first social media marketing/management period as detailed on the quotation has been paid in full via one of the accepted payment methods.

Any work carried out to maintain a social media page under the social media marketing/management service will be done only at your request. It is your sole responsibility to request any work and provide all and any assets necessary and/or requested by us for the maintenance of your social media page. The time period assigned for any work necessary for the maintenance of a social media page is provided on a month to month basis and cannot be carried over. 

Printing

The process is as follows:

Quote > Payment in Full > Order Submitted > Product(s) Delivered > Cooling Off Period

Full payment for the printing service, as detailed on the quotation, is required prior to us providing this service. We will not begin to provide any such services until full payment has been paid in full via one of the accepted payment methods.

All artwork is approved and signed-off by you prior to the order being placed. We will not be liable for any losses, damages, liabilities, costs (including legal fees) and expenses incurred by you or any third party with regards the artwork we produce for you. 

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

Once the product(s) have been delivered, you must raise any issues with your product(s) within the length of the supplier’s cooling off period. In the case a product fault is raised, 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 and our discretion.

Payments

All invoices are payable 30 days from the date of the invoice, unless expressly stipulated otherwise.   Invoices will be sent to your billing e-mail address, where possible, otherwise will be sent to the address on the quotation. A reminder email will be sent 14 days before the invoice is due. It is your responsibility to ensure your billing e-mail address and address is correct and kept up to date.

All services and products must be paid for by the due date shown on the invoice unless an adjustment has been agreed in writing. 

Unless otherwise stated, all payments must be received in 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 direct debit, electronic bank transfer (BAC), credit/debit card via Stripe Payment Gateway or cheque.

Where payment is not made within our above 30-day terms, we reserve the right to charge interest at a rate of 4% above the base rate of the Bank of England from the due date to the date of payment in full. 

Where we hold property for you, be it intellectual property or otherwise, we reserve the right to hold such property until we have received payment in full. 

Failure to adhere to our 30-day payment terms may, at our absolute discretion, result in a suspension of all or any the services we provide to you. 

Where we have requested payment prior to completion of our services to you, we reserve the right to delay completion until all fees have been met by you. 

We reserve the right to alter our prices at any time and will provide written notice via email, post or otherwise of any price alteration. 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 service.

Where you have entered into a renewable service with us (as detailed below), should any price alteration be required, we will provide you with at least 6 weeks’ notice of such price alterations prior to your renewal date. 

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 against losses, damages, liabilities, costs and expenses 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 goods and/or services ordered. Goods and/or services will remain suspended and withheld by us until such a time as the chargeback has been fully reversed in our favour.

Direct Debit Payments

When you choose to pay for your goods and/or services by Direct Debit, you are agreeing to set up a Direct Debit payment schedule to pay for your goods and/or services in the agreed instalments. 

A payment schedule will be agreed between you and us in writing. The payment schedule will not be altered without the express consent of us and you. 

Please be aware that any work required will not begin until the initial payment, as outlined in the payment schedule, has been made. 

Upon acceptance of our quotation and payment schedule, an initial invoice for the first instalment will be generated and sent to you. Invoices for the subsequent instalments will be generated automatically prior to each direct debit instalment. 

All invoices will be sent to your billing e-mail address and are due on the date detailed on the invoice. It is your responsibility to ensure this billing e-mail address is kept up to date and can receive emails from us.

At the time of issuing the invoice for the first payment, you will be asked to provide your name, email address, address, bank account number and sort code which will be processed through GoCardless Limited’s (‘GoCardless’) secure Direct Debit mandate. All communications regarding your Direct Debit will be sent via our email, hello@swadesign.co.uk.

The instalment payments are administered using a Direct Debit payment scheme and are processed on our behalf by GoCardless.

If you do not set up the Direct Debit or cancel it prior to the first payment being withdrawn (and do not make payment for the goods and/or services by another payment method agreed by us), the goods and/or services will be terminated and your goods and/or services will be withheld in accordance with these Terms and Conditions.

If you fail to make an instalment payment at any point, we reserve the right to cancel your Direct Debit mandate. 

All outstanding instalments will be payable and due immediately and must be paid by an alternative payment method acceptable to us in accordance with our payment terms detailed above. Failure to pay the full outstanding amount in accordance with those payment terms, will result in your goods and/or services being suspended and all or any goods and/or services we hold will be withheld until full payment has been received. 

Please note that it is not possible to reinstate a Direct Debit once it has been cancelled. 

It is your responsibility to ensure that all details necessary for the Direct Debit are kept up to date and correct. Please contact us immediately if you need to change any details including but not limited to the date of a payment or payment instalment amount. Please be aware that all or any changes will only be accepted at our absolute discretion.

If you require any additional goods and/or services than those detailed on our quotation, you must contact us as soon as possible and we will discuss the effect of the additional work on your Direct Debit payments with you. In addition, where appropriate additional charges will apply in accordance with these Terms and Conditions.

In the event that we have to make a change to your contract with us, that affects the price of your goods and/or services or the date of completion of the work requested, we will contact you to discuss the effect of any such change on your Direct Debit.

Direct Debit for Website Design & Development, Web Application Design & Development, Fix My Website and Graphic Design services:

Where a Direct Debit is cancelled by you or by us before the amount you’ve paid is equal to 50% of the full amount of the quotation, you must immediately make payment to us by our accepted payment methods for any difference between the amount you have already paid and 50% of the full price detailed on our quotation. 

In those circumstances, you will no longer be eligible for payment via Direct Debit and will revert to our standard payment terms as detailed in these Terms and Conditions.  

Direct Debit for Hosting, Website Maintenance, Social Media Marketing/Management & Print Services:

Where a Direct Debit is cancelled by you or by us before the amount you’ve paid is equal to the full amount of the price detailed on our quotation, you must immediately make payment to us by our accepted payment methods for any difference between the amount you have already paid and the full price detailed on our quotation. 

In those circumstances, you will no longer be eligible for payment via Direct Debit. 

Should you choose to cancel your Direct Debit, you must notify us immediately so we can arrange an alternative payment method.

Cancellation, refunds, termination, renewal and disputes

We reserve the right to terminate any goods and/or services provided to you with no less than 2 weeks’ notice.

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

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, transfer fees, deposits and printing contracts are non-refundable in any event.

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

All Hosting, Website Maintenance, Social Media Marketing/Management services automatically renew for the same term at the end of the hosting period detailed on our quotation. 

Should you choose to cancel a renewal for Hosting and Website Maintenance services, you must provide us with written notice of such decision at least 30-days prior to the renewal date. 

Where less than 30-days’ notice is provided by you to cancel a Hosting and/or a Website Maintenance contract, we reserve the right to recover the full amount of the service cost, which would have been incurred by the renewal of the hosting contract.

Should you choose to cancel a renewal for Social Media Marketing/Management services, you must provide us with written notice of such decision at least 7-days prior to the renewal date. 

Where less than 7-days’ notice is provided by you to cancel a Social Media Marketing/Management contract, we reserve the right to recover the full amount of the service cost, which would have been incurred by the renewal of the hosting contract.

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

Any dispute arising between us and you out of or in connection with this agreement shall be dealt with in accordance with this clause.

The dispute resolution process may be initiated at any time by either party serving notice in writing on the other party that a dispute has arisen. The notice shall include reasonable information as to the nature of the dispute.

Within 7 business days of service of a notice of dispute, the other party shall provide a written response to such notice.

The parties shall use all reasonable endeavours to resolve any dispute in writing.  

Either party may issue formal legal proceedings at any time whether or not they have attempted to resolve the dispute.

Client Conduct

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

Should you or any member of your staff, during the course of any conversation, make reference to “legal action” or say anything we might reasonably understand to imply or infer that you may intend to pursue a legal claim against us, we reserve the right to refuse communication via telephone or in-person. 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 contract with you. Where it is reasonable to do so, we will provide 30 days’ notice of termination and provide all assets associated with any goods and/or services owned by you. Accordingly, we will provide you with a pro-rata refund of any services paid for and you have not yet received, unless your contract is a monthly rolling service.

By supplying any assets and/or information to us for inclusion in the goods and/or services being provided to you, you confirm that you hold the appropriate copyright, licensing and/or trademark permissions for such information and assets. You also agree to fully indemnify and hold us free from losses, damages, liabilities, costs and expenses in any and all claims resulting from you not having obtained all the required copyright and/or any other permissions associated with such assets and/or information. The ownership of such assets will remain with you or rightful owner. 

You hereby authorise us permission to use these assets and/or information freely in the pursuit of design and/or development.

We will not include illicit material or content in providing our goods and/or services. 

All assets provided by you 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 you to us that we use in good faith, which is then found to be in contravention of these Terms and Conditions, will be removed without hindrance, penalty or liability to us. We are to be held in no way responsible for any such assets being included. 

We cannot be held liable for the quality of any assets and/or information provided by you.

We reserve the right to terminate your account if:

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 Terms and 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.

Our entire liability to you in respect of any claim whatsoever or breach of this agreement, whether or not arising out of negligence, shall be limited to the amount paid for the goods and/or services under this agreement in respect of which the breach has arisen.

We 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 howsoever arising. This shall apply even where such a loss was reasonably foreseeable or we had been made aware of the possibility of you 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 and provision of goods and/or services to you.

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 major disruption to the service. The only reason we would do this is if it represented an ‘upgraded’ environment for you.

Account Support / Emergency Contact

We provide support via e-mail, online chat, telephone and in-person. 

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, unless agreed otherwise.

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

For out of hours non-emergency support the following hourly rates will be charged:

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

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 LLP – Legal Enquiries 
31 Nottingham Road 
Stapleford, Nottingham 
NG9 8AB, UK

© SWA Design LLP 2020. Errors and omissions excepted.
If you print/copy this document it must contain all original information.

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