Introduction
The agreement contains the terms and conditions which shall govern the relationship between the client and Stiff Design.
Stiff Design reserves the right to amend or change the terms and conditions that constitute this agreement or alter any part of this document without notice. This document will be the up to date document that describes the bases on which Stiff Design will trade services. The URL address of this document is: https://www.stiffdesign.co.uk/terms-and-conditions.
Estimates
Estimates are valid for 30 days from the date on the estimate unless otherwise stated.
Invoicing and payment
Terms are 10 days from date on invoice unless otherwise stated. Stiff Design reserves the right to charge administration fees on late payments.
If you receive a proposal from Stiff Design to undertake work an initial payment may be requested before work begins and the balance of payment is due on satisfactory completion of the project. For website design and development this is normally when the website goes live. An interim payment may be requested under some circumstances such as but not limited to; the project stalling from client inactivity; not receiving website copy in good time; changes in project completion date set by the client; unforeseen circumstance.
If you decide not to take up our offer within 10 days from the proposal date, we reserve the right to withdraw the offer.
Where clients commission design/artwork and programming that is then completed by Stiff Design but not used at the client's discretion payment in full is required.
Where clients commission design/artwork and programming that is started by Stiff Design and then cancelled by the client payment is required for the proportion of the work that has been completed.
Apportioned costs will be calculated on hours worked multiplied by Stiff Design's normal hourly rate of £60. Costs will apply to any work that has been entered into on behalf of the client's undertaking and shall include:
time spent on research; preparation of documents; concept design work; final art work; correspondence entered into to further the client's undertaking; preparatory work on the client's remote web server; preparatory work on Stiff Design's testing server; purchases of proprietary software and scripts obtained for the sole purpose of developing or managing the clients undertaking.
Services
1.1 Stiff Design will provide services exercising reasonable skill and care but otherwise, it will have no obligation, duty or liability to the client in contract, tort, for breach of statutory duty or otherwise. In the event of material breach of this clause, the client's only remedy against Stiff Design will be to terminate this agreement and a right to recover actual damages suffered which will not exceed the total amount of fees paid by the client to Stiff Design for provision of the services.
1.2 Stiff Design will commence work on services on receipt of the initial payment from the client and the client agrees and acknowledges that he will not be able to exercise any right he may have to cancel this agreement under the consumer protection (contracts concluded by means of distance communication) regulations 2000 (as amended or modified).
1.3 Stiff Design may at any time correct any typographical or other errors or omissions in any document posted on the Stiff Design site relating to the provision of the services without any liability whatsoever to the client.
1.4 Stiff Design will provide the services on an 'as available' basis.
Retention of title clause
Legal title to the goods shall not pass to the buyer unless the seller has been paid in full.
Copyright
The copyright for original design/artwork and programming code created by Stiff Design remains the property of Stiff Design unless it is purchased with the sole rights to the said design/artwork and programming code.
As standard practice Stiff Design submits estimates and raises corresponding invoices that do not reflect costs apportioned to the sole rights to any design/artwork and programming code.
The design/artwork and programming code may be used by the purchaser after full payment for its intended purpose. All original design/artwork and programming code created by Stiff Design cannot be copied or resold as part of a derivative product, except by express permission of Stiff Design.
Obligations of the client
2.1 The client will pay to Stiff Design the fees applicable at the time of acceptance of the client's offer and will pay all fees due to Stiff Design in respect to any management and hosting arrangement on the date they become due. Stiff Design reserves the right at any time to revise the fees without notice. The client undertakes and warrants to Stiff Design as follows: That the client has the full right, power, legal capacity, ability and authority to enter into this agreement. That use of the domain name will be strictly subject to the terms and conditions of the protocol policy and the policies, rules and terms and conditions of the contracted hosting company that the client's domain name resides and that the client registers and will display and exploit the domain name in good faith.
Limitations of liability
3.1 Subject as expressly provided in this agreement and except in respect of death or personal injury caused by the negligence of Stiff Design, Stiff Design will not be liable to the client by reason of any representation (unless fraudulent), or any implied warranty, condition or other term, or any duty at common law, or under the express terms of this agreement for any indirect, incidental, special or consequential loss or damage, whether for loss of profits or otherwise, costs, expenses or other claims for compensation relating to the use or the inability to use the domain name or in any other way related to or in connection with the provision of the services, whether caused by the negligence of Stiff Design, its employees or agents or otherwise and whether such action arises in contract, tort or otherwise.
3.2 Stiff Design will not be liable whatsoever for any damages or losses whether direct or indirect that the client may suffer as a result of service or systems failure, including domain name system failure, server failure, access delays or interruptions, data non-delivery or mis-delivery, any acts of god, delays in provision of the services, breaches of security or unauthorised use of the domain name arising from "hacking" or otherwise, even if Stiff Design has been advised of the potential for such damages and even if Stiff Design may reasonably foresee such possible damages.
3.3 The client will indemnify Stiff Design and keep Stiff Design fully and effectively indemnified on demand against any and all losses, claims, damages, costs, charges, expenses, liabilities, demands, proceedings and actions which Stiff Design may sustain or incur in relation to the domain name and/or the services brought or threatened against Stiff Design by any third party, except in the event of death or personal injury caused by Stiff Design' negligence. Stiff Design shall be entitled to terminate this agreement immediately without notice if the client is in material breach of any obligation under this agreement.
3.4 Stiff Design shall be entitled to terminate this agreement at any such time by giving 10 days notice. Stiff Design will not be liable whatsoever for any damages or losses whether direct or indirect that the client incurs as a result of terminating this agreement.
3.5 The client shall be entitled to terminate this agreement at any such time by giving 10 days notice and paying all outstanding invoices within this time.
For further information please get in touch.
