Terms and Conditions
The following Terms and Conditions of Service apply to all products and services provided by Design by Anna (hereinafter referred to as Anna Richards) and in the event of any dispute are governed by the laws of England.
All work is carried out by Anna Richards on the understanding that the client has agreed to her terms and conditions.
Copyright is retained by Anna Richards on all design work including words, pictures, ideas, visuals and illustrations until all costs have been settled.
If a choice of designs is presented and one is chosen for your project, only that solution is deemed to be given by me as fulfilling the contract. All other designs remain the property of Anna Richards, unless specifically agreed in writing.
GENERAL
ACCEPTANCE
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 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
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 accepted, the Company reserves the right to demand payment of the deposit immediately. Anna Richards reserves the right to cancel the service at any time if a Customer contravenes these Terms.
SUSPENSION OF SERVICES
I reserve the right to suspend all or any of the services that I have given to you, including those that have been already paid for should any of these terms not be met.
CHARGES AND PAYMENTS
The price that I charge you for our services is stated in your proposal and/or invoice. You will pay to me all the charges on or before their due dates. You can and may request additional services at any time after your Agreement has started. If I agree to provide you with these services you will pay the additional charges they incur. I will charge you for any administration costs and/or loss of work that have occurred for any payment not being met for whatever reason. The charge for non-payment is a minimum of £40. All payment is in Pound Sterling and no VAT is applicable.
REFUND POLICY
All services are rendered ensuring quality. If at any time in the service rendering process, you are not satisfied with the quality of work, you may bring it to my attention. In general, I will not refund payments on time spent/services rendered, since my charges are based on the hours of work spent on the project. If a Customer contravenes terms of service, a refund will not be issued.
Refunds are only possible if I am unable to render the services to you. The refund will be based on any hours that you have paid for but not used. No refunds will be given for hours spent on research, development, design and administration.
COPYRIGHT
The Client retains the copyright to data, files and artwork provided by the Client, and grants Anna Richards 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 me permission and rights for use of the same and agrees to indemnify and hold harmless Anna Richards 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: Anna Richards will hold all copyright to websites, graphic and logo designs and grant the Client the rights to publish and use such material; It will remain the sole intellectual property of Anna Richards; Anna Richards will own the intellectual property rights in any service given to you. You have no resell rights.
PRIVACY
I respect the privacy of my clients. I will not monitor, edit, or disclose any personal information about your accounts, including hosted content, without your prior consent, unless I have 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 my rights or property; (c) enforce the terms of a Task Order, or these Terms and Conditions; or (d) protect the interests of users of my 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
I hereby excludes myself, and/or my agents from all and any liability: Anna Richards 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 Anna Richards 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. I am 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.
INDEMNITY
You agree to use all services and facilities at your own risk and agree to defend, indemnify and hold Anna Richards 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 Anna Richards.
WARRANTY DISCLAIMER
Anna Richards will not be responsible for any losses or damages your business may suffer. Anna Richards makes no warranties of any kind, expressed or implied for services she provides. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by her. I 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, I cannot guarantee a website be restored to original state. I am 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.
GENERAL
These Terms and Conditions supersede all previous representations, understandings or agreements. To maintain the quality of our service to our clients I reserve the right to change these Terms and Conditions and the nature of our services at any given time.
NOTICE
All notices must be in writing via email or addressed to 14 Station Street, Misterton, DN10 4BY. Notices to the Customer will be considered validly given if addressed here.
SEVERABILITY
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.
AUTHORITY
The signatory to this Agreement warrants that he/she has the authority to commit the Customer to this Agreement.
WEBSITE DESIGN
INTELLECTUAL PROPERTY
Copyright of the completed web designs, images, pages, code and source files created by Anna Richards and any other intellectual properties belong to her unless otherwise agreed to before the contract has started. The intellectual properties always remain in Anna Richards’ possession, unless otherwise agreed on an individual basis. These Terms of the Agreement grant a non-exclusive limited license to the extent that use of this website is restricted to a single company of yours. You are not permitted to use a design for more than one website without prior written Agreement between you and Anna Richards. You agree that resale or distribution of the completed files is forbidden unless prior written Agreement is made between the Customer and the Anna Richards. If you wish to transfer the completed web designs, images, pages, code and source files created by her and any other intellectual properties belonging to Anna Richards to a hosting provider other than her, she reserves the right to charge for this. If you choose not to pay this fee, Anna Richards reserves the right to refuse the transfer request.
SEARCH ENGINE OPTIMISATION
Our websites are basic level Search Engine Optimised and built for the most popular browsers – these are, but not limited to, Safari, Edge, and Google Chrome. You understand that Search Engines are independent companies who select and rank sites using their own criteria. I will optimise your website and pages to enable them to appear on search engines; however, Anna Richards cannot guarantee appearance and position on search engines. While you should follow my recommendations for optimising your website for Search Engine listing, in order to maximise its chances of increasing its Search Engine exposure, you acknowledge that I do not and cannot guarantee that the Customer’s website ranking will be improved in any Search Engine listing. Anna Richards’ list of the most important Search Engines includes those that she considers to be the most important with regard to popularity, language, content, location, coverage or any other criteria that she considers suitable.
WEBSITE UPDATES
After completion of the site and once the balance has been paid, you or a third party of your choice may wish to edit your website to make updates and changes. However, you agree that in so doing you assume full responsibility for any issues which occur as a result. If you or a third party of your choice edits the website pages and/or code and this results in functionality errors or the page displaying incorrectly, then I reserve the right to quote for work to repair the website.
PAYMENT TERMS
All invoices must be paid in full within 7 days of the invoiced date, except where agreed at my own discretion. I reserve the right to decline further work on a project if there are invoices outstanding with the Customer. Any non-payment of an invoice is subject to a £40 administration charge. I reserve the right to remove work for you from the Internet if payments are not received. If you do not provide me with the artwork or relevant information to complete the site within 60 days of acceptance of the proposal, the contract will be deemed complete. In such an event, all outstanding payments shall be paid immediately.
WEBSITE HOSTING
I host via cloud-hosting providers, which allow me full access to files and resources. All websites I build are subject to hosting on their servers, unless otherwise stipulated; I will however work on third-party servers at the Customer’s request at the agreement of both parties before work commences.
My hosting package and its related fees include the following services: the hosting of your website files; supply of a secure service; regular backups; regular Content Management System updates (when they’re released); license of the third-party page builder plugin and its updates. My hosting package also includes domain management and email hosting if the Customer has chosen to host these with me.
Only websites hosted on my provider’s servers are eligible to receive the services associated with the hosting package. If you wish to transfer the completed website to a hosting provider other than Anna Richards, she reserves the right to charge for this. This fee is equal to one year’s website hosting cost.
Anna Richards offers an unlimited usage policy by maintaining very large ratios of bandwidth per Customer. In rare cases, she may find a Customer to be using server resources to such an extent that he/she may jeopardise server performance and resources for other Customers. In such instances, she reserves the right to impose limits to usage for the consideration of all Customers. Anna Richards reserves the right to move your data to a different server without prior notice. Resources are defined as bandwidth, processor utilisation or disc space.
I may implement the following policy at its sole discretion: When a website is found to be monopolising the resources available, Anna Richards reserves the right to suspend that site immediately. This policy is only implemented in extreme circumstances and is intended to prevent the misuse of our servers. Customers may be offered an option whereby Anna Richards continues hosting the website for an additional fee.
DOMAINS
If Anna Richards hosts and manages the domain, the domain name is registered in the Customer’s own name, with the address and contact details of Anna Richards. You should be aware that the domain name is registered through a registrar and as such you shall agree to fully abide by the Terms and Conditions set out by the third party for such services. Although there are multiple registrars across the world, Nominet are the domain registrar in the UK. You agree that the information submitted for registration of domain names is then available to the general public via the registrars Whois system.
EMAILS
Emails are supplied with domain names hosted with Anna Richards at no extra charge. Anna Richards takes no responsibility for emails hosted elsewhere.
PAYMENT TERMS
All hosting accounts are set up on an annual pre-pay basis and are non-refundable. The fee is £80 per year, although Anna Richards reserves the right to change prices of accounts or services at any time. This fee includes the hosting of website files, regular backups, and email hosting. Domain management is charged from £15 annually, depending on the suffix. This fee does not include updates or changes to your website. Customers will automatically be charged again at the end of their pre-pay period unless closure notification has already been given.
In situations where the Customer has not paid, Anna Richards will immediately suspend all services online until the outstanding charge is processed successfully and you shall still be liable to pay for the ongoing hosting fees. In addition Anna Richards reserves the right to suspend the other services until the outstanding debt is cleared. Any non-payment of a recurring invoice is subject to a £40 administration charge. The Customer is responsible for all money owed on the account from the time it was established to the time the Customer sends a termination request.
You are liable to pay Anna Richards for any domain name registrations, including but not limited to: further domain name registration fees, domain name transfer charges, domain name renewals and any other related or hidden charges levied by a third party of which Anna Richards are not aware. Anna Richards will make every effort to renew your domain names on your behalf. In case it is not renewed, Anna Richards cannot be held responsible for non-renewal of your domains and as a Customer you should check to see if your domain names have been renewed. You agree to pay the domain name fees and all renewal fees as soon as demanded by Anna Richards. In the event of non-payment, I may take ownership of your domain name. All payment is in Pound Sterling and not subject to VAT.
GRAPHIC DESIGN
INTELLECTUAL PROPERTY
Copyright of the completed designs, images, or other material created by the Company and any other Intellectual properties belong to Anna Richards unless otherwise agreed to before the contract has started. These Terms of the Agreement grant a non-exclusive limited license to the extent that use of the designs are restricted to a single company of yours. You are not permitted to use a design for more than one product/service without prior written Agreement between you and the Company. You agree that resale or distribution of the completed files is forbidden unless prior written Agreement is made between Customer and the Company.
PAYMENT TERMS
Payment is to be made in one instalment unless otherwise stated at the time of order. I take the total fee once the project is complete, but before sending any final designs. All invoices must be paid in full within 7 days of the invoiced date, except where agreed at my own discretion. I reserve the right to decline further work on a project if there are invoices outstanding with the Customer. Any non-payment of an invoice is subject to a £40 administration charge. If you do not provide me with the artwork or relevant information to complete the design within 60 days of the initial order, the contract will be deemed complete. In such an event, all outstanding payments shall be paid immediately.
Anna Richards will price individual projects based on hours and will apply an allocation of the maximum hours needed for the project. If the Customer requests design or content alterations to a design that has already been completed, or new content, different than that specified in the original quotation, she reserves the right to quote separately for these alterations and additions; in case a project is to overrun on hours, you agree to pay the charges at our standard hourly rate. The standard rate is £38 per hour.
LOGO DESIGN
INTELLECTUAL PROPERTY
Copyright of the completed designs, images, or other material created by the Company and any other Intellectual properties belong to Anna Richards until paid for in full unless otherwise agreed to before the contract has started. These Terms of the Agreement grant a non-exclusive limited license to the extent that use of the designs are restricted to a single company of yours. You are not permitted to use a design for more than one product/service without prior written Agreement between us. You agree that resale or distribution of the completed files is forbidden unless prior written Agreement is made between Customer and Anna Richards.
PAYMENT TERMS
Payment is to be made in one instalment unless otherwise stated at the time of order. I take the total fee once the project is complete. All invoices must be paid in full within 7 days of the invoiced date, except where agreed at my own discretion. I reserve the right to decline further work on a project if there are invoices outstanding with the Customer. Any non-payment of an invoice is subject to a £40 administration charge. If you do not provide me with the artwork or relevant information to complete the design within 60 days of the initial order, the contract will be deemed complete. In such an event, all outstanding payments shall be paid immediately.
Anna Richards will price individual projects based on hours and will apply an allocation of the maximum hours needed for the project. If the Customer requests design or content alterations to a design that has already been completed, or new content, different than that specified in the original quotation, she reserves the right to quote separately for these alterations and additions; in case a project is to overrun on hours, you agree to pay the charges at her standard hourly rate. The standard rate is £38 per hour.
PRINT SERVICES
PAYMENT TERMS
Payment is to be made in one instalment unless otherwise stated at the time of order. I take the total fee before the project is sent to print. All invoices must be paid in full within 7 days of the invoiced date, except where agreed at my own discretion. The Customer understands any delay in payment will result in a delay of processing the order to print. I reserve the right to decline further work on a project if there are invoices outstanding with the Customer. Any non-payment of an invoice is subject to a £40 administration charge. If you do not provide me with the artwork or relevant information to complete the project within 60 days of the initial order, the contract will be deemed complete. In such an event, all outstanding payments shall be paid immediately.
If the Customer requests design or content alterations to a design that has already been completed, or new content, different than that specified in the original quotation, I reserve the right to quote separately for these alterations and additions; in case a project is to overrun on hours, you agree to pay the charges at our standard hourly rate. The standard rate is £38 per hour.