Terms & Conditions
for
Branding and Website Design
Parties
You (‘you’/ ‘your’) and Gretta Ford Consultancy Ltd, a limited company with company number 14591210 and with its registered office at Rivers Lodge, West Common, Harpenden, Hertfordshire, AL5 2JD (‘I’, ‘me’ and ‘my’).
Overview
I’m really looking forward to working with you! This contract below sets out the legal terms that will govern my relationship with you and apply to the services I provide. The intention is that it will bring clarity to our relationship and protect both of us so please do let me know if there are any clauses that you do not understand or that contradict your understanding of my services.
Background
I provide branding and website design/ installation (services) to businesses (ie. self employed dog trainers and animal behaviourists). You and I wish to enter into this agreement to set out the terms and conditions that will apply in respect of the services to be provided by me to you.
This contract sets out:
your legal rights and responsibilities
my legal rights and responsibilities, and
certain key information required by law.
If you would like to speak to me about any aspect of this contract, please contact me by e-mail: gretta@setuptosucceed.co.uk
1. Introduction
If you sign up to my brand and website design and/ or installation/ customisation services (‘services’) you agree to be legally bound by this contract including:
the details of the specific service(s), as set out on my website and any documented discussions by email between us, if applicable. All these documents form part of this contract as though set out in full here.
or
additional services agreed between us in the future
either of which constitutes a ‘services description’.
2. Signing up for my services
i. The agreement between us will commence on the date that either it is signed by you or you tick to acknowledge your agreement to them during the checkout process (whichever is applicable) and will continue unless and until it expires or is terminated by either of us, in accordance with clause 10.
ii. Each services description is a separate contract incorporating the terms of this agreement.
iii. Any quotation given by me before I confirm my services in a written services agreement is not a legally binding offer by me to supply such services. Any prices set out in a quotation/ proposal remain valid for 14 days.
iv. I shall only enter into a legally binding contract to provide services when a written services description has been agreed by you and me.
v. I only provide services to businesses. This is a B2B agreement.
3. Carrying out the services
i. I shall carry out the services with reasonable care and skill.
ii. I shall carry out the services within the time period which is set out in the relevant services description or as mutually agreed.
iii. Any 1:1 sessions included in the service (including if rearranged) must be taken within the timeframe of the agreed project or they will expire.
iv. You must provide a minimum of 48 hours' notice if you need to re-arrange a scheduled meeting.
v. All meetings will take place remotely via Zoom/ Google Meet or any other means of communication agreed with you in advance.
vi. Whilst all creative and technical decisions will be taken with the brief in mind, it is not possible to guarantee the impact of this work on your business or income.
vii. In the cases of bespoke brand design and bespoke website design, two rounds of design refinements are included within the agreed timeframe and process. Outside this, any changes will incur additional charges (see viii below). Furthermore, if a mutual agreement cannot be reached on requested refinements, the service may be terminated by me - see section 5.iv below. In the case of website template customisation/ installation, no revisions are included in the service.
viii. If the parameters of the service changes, you are unable to provide the necessary information (see 4ii below) or the work needs adjustments after the project has been finalised, this will involve additional time and, therefore, incur further costs. In such circumstances, I will provide a further quotation for the additional work.
ix. I occasionally record calls for internal administration purposes and by entering into this contract with me you consent to the recording of our calls for these purposes. Recordings will not be shared with any other parties.
x. My services might be affected by events beyond my reasonable control. If so, there might be a delay before I can restart the services. I shall make reasonable efforts to limit the effect of any of those events, I shall keep you informed of the circumstances and I shall try to restart the services as soon as those events have been fixed. Examples of events which might be beyond my reasonable control include illness, pandemics, epidemics, IT issues and problems with internet connectivity, any law or action taken by a government or public authority or if you change the services you require from me and I have to do extra preparation.
4. Your responsibilities
i. You will pay the price for the services in accordance with the relevant services description.
ii. You will provide me with such information and assistance as I reasonably need to provide the services, whilst ensuring that any information is complete and accurate. This includes: providing timely and constructive feedback, finalised website copy, fully prepared (resized, compressed and named) images, as requested and by the times agreed, unless otherwise agreed. Failure to do so may result in additional costs being incurred and/ or the project being delayed.
iii. Communication between us shall be via email, except in the case of pre-arranged online meetings (usually via Zoom).
iv. In the case of bespoke brand design and/ or bespoke website design, you will provide feedback on any design proposals within 48 hours, unless otherwise agreed, in order for us to keep to the project timeline.
v. You will keep me informed of any relevant changes to your personal or business circumstances which may affect our work together.
5. Charges and payments
i. VAT is not chargeable for this service.
ii. The price for the services is set out in the relevant services description/ on the website at the time of signing this contract/ agreeing to these Terms and Conditions.
iii. In the case of ‘Elevate Your Business’ (the complete strategic, bespoke brand and website design service only, you will be able to choose from a range of payment schedules. If there is a payment plan and you fail to make any payment on the due date, I shall invoice you immediately for the whole of the outstanding balance and payment for that invoice will be due by return. Invoices are payable within 14 days.
iv. The fees are non-refundable except for where I cancel a project (other than under 10.iii below), in which circumstances, you are entitled to a partial refund for design work which you have paid for in advance and which you have not received.
v. In the case of bespoke brand design and bespoke website design only (ie. not template installation/ customisation), if you decide not to proceed with the proposed designs and/ or an agreement cannot be reached with regard to refinements, I will refund you for the proportion of the project time not yet undertaken. The proportional refund will be calculated by me and I will be happy to provide details of this calculation upon request.
vi. In all other circumstances, I am not able to refund to you any payments you have made.
vii. In view of my clear no-refund policy, I do not accept any type of chargeback threat or actual chargeback from your credit or debit card company. In the event that a chargeback is placed on a purchase or I receive a chargeback threat during or after your purchase, or after the end of the cooling off period if you are a consumer, I reserve the right to report the incident to credit reporting agencies or to any other entity for inclusion in any chargeback database or for listing as non-payment on your account which could have a negative impact on your credit rating.
viii. Payment is via Stripe, Apple Pay or Google Pay through Thrivecart (or direct transfer to my bank account, if agreed).
ix. If any of your payments are not paid on the due date, I may charge interest on any balance outstanding at the rate of 4 percentage points a year above the Bank of England base rate.
x. The price for an agreed package will not be altered during the agreed duration of the programme. In any other cases (such as indefinitely ongoing support, I shall give you written notice at least 28 days in advance of any increase in my fees. If the increase is not acceptable to you, you may within 10 days of the date of the notice, terminate this contract by giving written notice to me. In these circumstances the services will cease 28 days after the original notice of the price increase.
xi. Digital products. You may not cancel your purchase of any digital products once they have been delivered, unless the content is faulty.
6. Intellectual property
i. Any materials provided by me, whether digital or printed, any intellectual property in those materials belongs to me and, unless I agree otherwise, you can only use those materials for your own personal use and you may not share them with third parties.
ii. You agree not to create any derivative works of the content within the programme or associated resources.
iii. In the case of bespoke brand design, you will own any original logo designs provided by me. Finalised, un-editable files will be handed over in SVG/ PNG/ JPEG format, as appropriate.
iv. In the case of website templates, the design is copyrighted by Gretta Ford Consultancy Ltd (T/A Set Up To Succeed)
v. You guarantee that you have legal rights to all elements of text, photographs, and anything else that you provide me with, and will not hold me responsible for any third-party claims.
vi. You agree include the following in the footer of your website: ‘Branding and website design by Set Up to Succeed’ or ‘Designed by Set Up To Succeed’ or ‘Design: Set Up To Succeed’ and include a link to my website homepage.
vii. I have the right to use any workings, final logos and brand designs on my own website, social media or other marketing channels. If a proposed design idea is not used in the final project outcomes, I will retain copyright and can use the designs in a future project.
viii. I take no responsibility for any designs being accepted for the purpose of trademarking as this is outside my control.
7. How I may use your personal information
i. I shall use the personal information you give to me (including your name and email address) to:
provide the services;
process your payment for the services;
send regular email updates with tips, suggestions, resources, insights and more (you may stop receiving this information at any time by unsubscribing or contacting me) and
inform you about any similar products and services that I provide (you may stop receiving this information at any time by unsubscribing or contacting me).
ii. I may share information from your branding questionnaire with a branding specialist. This may include your name, your business name and information relating to your business such as your goals and values. It will NOT include personal contact information, financial information or confidential information (see Section 8 below).
iii. I shall not give your personal information to any other third party unless you agree to it.
iv. See my privacy policy here for full details of how I use your personal information.
v. Your feedback is greatly appreciated: it helps me to make improvements and support people even better. Any feedback, comments, surveys, ratings, reviews or testimonials with regard to my services may be shared with others and used for the purposes of marketing. Your name may also be used, in association with your own feedback. If you wish to provide feedback entirely anonymously, you must make this clear when sharing your thoughts so that I can respect that request.
8. Confidential information
i. All information shared by you on a one to one basis will be kept strictly confidential, except when releasing such information is required by law and/or where I consider it necessary to do so in good faith because of concerns of risk to yourself or others, or to assist the prevention or detection of a crime.
ii. Where you participate in any group interaction, for example as part of a workshop or in my private community group, you agree to keep strictly confidential any information shared by participants in those group contexts and not to share it with any third parties. You will not use the confidential information of any participant of a group session for your own benefit except with the explicit consent of that participant.
iii. The obligations in clauses 8.1 and 8.2 will not apply to information which:
has ceased to be confidential through no fault of either party;
was already in the possession of the recipient before being disclosed by the other party; or
has been lawfully received from a third party who did not acquire it in confidence.
iv. Your and my confidentiality obligations under this clause will continue after termination of this agreement.
v. You will not use any Confidential Information for profit or for your own benefit in any way.
9. Resolving problems
i. In the unlikely event that there is a problem with the services, please contact me as soon as possible and give me a reasonable opportunity to sort out any problems with you and reach a positive outcome.
ii. I may at my option vary or re-perform the services if there is a problem and the terms of this agreement will apply to any re-performed services.
iii. I will provide customer support services to my registered users via electronic mail. If you experience any difficulties using my product/ service please notify me using the following email: gretta@setuptosucceed.co.uk with a subject line “Support”. However, I will not be liable or in any way responsible for your own technical issues, internet speed and other related to your access/ device/ location matters and I reserve the right to solely determine whether such difficulty exists on my side.
iv. Nothing in this contract affects your statutory rights.
10. End of the contract
i. If a services description specifies a length of time for services to be provided then subject to clause 10.ii below, the services will terminate at the end of that timeframe.
ii. If I provide services to you on an ongoing basis and the relevant services description does not specify a timeframe then either you or I may terminate the services by one month’s written notice to each other.
iii. You or I may terminate the services and this agreement immediately if:
the other party commits any material breach of the terms of this agreement or a services description and, in the case of a breach capable of being resolved, the breach is not resolved within 30 days of a written request to do so. The written request must expressly refer to this clause and state that the services and this agreement will be terminated if the breach is not resolved; or
the other party commits or threatens to commit or is threatened with any act of insolvency under the Insolvency Act 1986.
iv. For the purposes of the above clause, any breach by you of the rules governing your participation in any group hosted by me on a social media platform, constitutes a material breach of this contract which is not capable of being resolved.
v. If I decide in my absolute discretion that we are not a good fit for each other, I may terminate this contract immediately on notice, in which case I shall give you a partial refund for any elements of the service which you have paid for and not received. I am not required to cover the cost for another party to complete the work.
vi. If this contract is ended it will not affect my right to receive any money which you owe to me under this contract and it will not operate to affect any provisions that expressly or by implication survive termination.
11. Limit on my responsibility to you
i. Except for any legal responsibility that I cannot exclude in law (such as for death or personal injury), I am not legally responsible for any:
losses that:
were not foreseeable to you and me when the contract was formed;
were not caused by any breach of these terms on my part; and
loss of business, loss of profits, loss of management time and loss of business opportunity.
ii. My total liability to you is limited to the amount of fees paid by you for the services.
12. Disputes
i. I shall try to resolve any disputes with you quickly and efficiently.
ii. If we cannot resolve a dispute using my internal complaint handling procedure and either of us want to take court proceedings, the courts of England and Wales have exclusive jurisdiction in relation to this contract.
iii. The laws of England and Wales will apply to this contract.
iv. In the event of a dispute between us, you and I agree not to engage in any conduct or communications, including on social media, designed to disparage my or your business, website, products and services.
13. Entire agreement
These terms constitute the entire agreement between us in relation to your purchase. You acknowledge that you have not relied on any statement, promise, assurance or warranty given by or on behalf of me which is not set out in these terms and that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this agreement.
14. Third party rights
No one other than a party to this contract has any right to enforce any term of this contract.