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Terms & Conditions

These terms and conditions were last updated on 1st November 2017.

Use of “us” and “we” refers to THEUXDESIGNER, 6 Church Mills, Llandogo NP25 4TJ. “You”, "your", and "customer" refers to any person purchasing our services, agreeing to a proposal or acting on behalf of the customer.

1. Acceptance

All new customers must accept these terms and conditions before any work can begin. Payment of a deposit, invoice and/or confirmation by signature or email is considered as acceptance of these terms. Once a written acceptance of the proposal and these terms and conditions has been sent, work will be carried out and is thereby legally due to be paid for.

2. Design and development process

Throughout the design and development process you will be able to review design visuals and an in-development version of the project. At the completion of the design and/or development stage, you will have 7 days to review the work. After 7 days, we will assume approval of the work by you and the work will be invoiced or the next stage started.

3. Timescales and deadlines

Where a deadline or timescale has been specified and agreed, THEUXDESIGNER will aim to ensure completion on time providing your timely approval of designs and delivery of data and media. Depending on changes to requirements for the work, we may not be able to guarantee completion of work by the original deadline or based on the original quote. We are not liable - or to be held responsible - for any issues as a result of delayed work.

4. Use of the Content Management System (CMS)

THEUXDESIGNER uses an externally hosted CMS as a service. While using us for your website and assuming payments are up to date, you will have access to the CMS. If you choose to move your website to another provider, a zip file of your website only - not the information on the CMS - will be created and any information stored on the CMS will be lost. You will be responsible for copying/downloading any data from the CMS before moving away from our services. If you wish us to create copies of your CMS data when we provide the zip file of your website, this will be chargeable at our standard hourly rate at the time of the request.

5. Hosting

We host content on trusted, reputable servers based in the UK and USA. THEUXDESIGNER is not liable for any data loss, malfunction, loss of up-time or issues caused by or originating from these servers. If you wish to host any work produced by us with a third party, we will provide you with your website in a zip file for you to manage with a third party. If any work produced by THEUXDESIGNER is thereby hosted on a third party server unknown and not trusted by us, we are not responsible for any costs or fees incurred by or from said third parties. 

6. Costs

All requested work will be quoted for before being carried out. All work is subject to written acceptance of the proposal, upon which payment is due for agreed services provided. Costs are due in full once invoiced for, and can be discussed with us. Discounts may be given at our discretion. Work provided in maintenance or updating a website will be costed in the same way as new work, and will be chargeable at the current hourly rate when requested.

7. Payment

Invoices will be provided by THEUXDESIGNER upon completion of work and are sent via email. In certain circumstances where you do not have an email address, a printed invoice will be sent. Invoices - either electronic or printed - which remain unpaid for a period of 14 days after the date of the invoice will be considered in default unless alternative arrangements have been discussed.

8. Default

Invoices unpaid after a period of 14 days after the date of the invoice will be considered in default. THEUXDESIGNER has the right to remove any media from its servers after giving at least 7 days written (electronically or via post) notice to the customer of its intention to do so. THEUXDESIGNER is not responsible for any loss of data resulting from this removal. You are still obligated to pay any outstanding charges if or when media is removed. Customers in default agree to pay reasonable expenses, fees and costs incurred by THEUXDESIGNER for collection by third party agencies enforcing these terms and conditions.

9. Termination of Services

Requests for terminations of services must be given as a written notice by the customer and will be effective upon receipt of the request. Requests made online or by telephone may be accepted in certain circumstances. The customer will be invoiced for any work completed up to the date of requested termination, and is required to pay within 14 days. These terms apply even after services have terminated, and failure to pay any outstanding fees at the time of termination will result in your invoices being defaulted. See clause 8. Default. In the event of services with THEUXDESIGNER concluding, a zip file of your assets will be provided for use with a third party, upon request.

10. Copyright

You retain copyright of all data and media supplied to THEUXDESIGNER, and grant us the right to publish and use such data and media for the purposes of completing the work. You must obtain permission to use any data or media copyrighted by a third party. THEUXDESIGNER will not be held responsible if copyright-infringing content is contested on your website. You agree to take full responsibility for any data or media provided for which you have not obtained permission to use. THEUXDESIGNER retains ownership of any text, content, data or media licensed to you as part of work being carried out. This includes the ideas expressed within a UX or Usability Report. You may not copy, resell or otherwise transfer the content provided by THEUXDESIGNER without express written permission from THEUXDESIGNER, which will not be unreasonably withheld.

In the event that you breach this clause, a flat fee of £720 will be due, payable by you to us. This is the equivalent of three (3) days at £240 per day, as compensation for using THEUXDESIGNER's work without permission. Failure to pay this fee within 14 days of the invoice date will result in legal recourse.

10 a. Copyright of Documentation

These terms apply to any documentation where THEUXDESIGNER has provided information for how to improve your product, website, app or service. Any document and the ideas within it are copyright of and licensed by THEUXDESIGNER at the time the document was sent. The ideas expressed within any document provided by THEUXDESIGNER must not be implemented without direct permission from, or further discussion with, THEUXDESIGNER. Even if a report states - either by email or within the document - that the report is free, the ideas expressed within a report are not free for commercial use. You must obtain permission from Jack Dyer of THEUXDESIGNER to use such ideas.

This includes implementing the changes internally, or passing the information to a third-party to implement the ideas for you or on your behalf. In the event that the ideas in any document provided by THEUXDESIGNER are implemented without discussion with - or permission from - THEUXDESIGNER, a flat fee of £240 will be charged, and you will be liable to pay. This covers the cost of one day’s work, chargeable at £30 per hour for 8 hours. This full day cost will be payable regardless of the amount of time taken to create the plagiarised work. You will be invoiced for the full amount which will be due within 14 days of the invoice date. Standard invoice terms apply. If full payment of the invoice is not made within 14 days, contact will be made to request that the ideas expressed in said document are removed from your website, company, app or product. If no contact is established or the invoice remains unpaid, THEUXDESIGNER will take legal recourse. You will be bound to pay reasonable expenses, fees and costs incurred by THEUXDESIGNER for collection and resolution by third party agencies enforcing these terms and conditions.

11. Third Parties

THEUXDESIGNER cannot accept responsibility for any third party alterations made to your website or any external product or service your website uses. Alterations include but are not limited to additions, modifications, or deletions. Third party products and services are outside of THEUXDESIGNER's control, therefore any modifications required to the website as a result of changes by said third parties may be chargeable. In the case of work carried out to repair such modifications - and with both us and you in agreement about the work being charged for - the standard hourly rate at the time of the request will be charged.

12. Email Support

In certain circumstances, email hosting may be provided as part of your website hosting. Support and setup for email hosting is chargeable. You are encouraged to use third party email hosting (Such as Google for Work, or G-Suite) where support is provided by said third party. THEUXDESIGNER may provide support with setting up said third party services, and this support will be chargeable at a rate agreed between you and THEUXDESIGNER at the time of the request.

13. General

These terms and conditions supersede all previous iterations, understandings or agreements. The customer’s confirmation of the proposal or any payment sent to THEUXDESIGNER are considered acceptance of these terms and conditions. These terms and conditions are governed by UK law. 

These terms and conditions can be adhered to in conjunction with a contract signed by THEUXDESIGNER and the customer. In the result of a discrepancy between the contract and these terms, in instances where there are directly conflicting terms only, these terms supercede and take priority over the contentious term(s) in the contract.

14. Notification of Changes

THEUXDESIGNER reserves the right to make changes to these terms and conditions as necessary to continue to provide products and services. Customers are advised to re-read these terms and conditions regularly, however some updates may be sent out to existing customers by email.

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