Terms & Conditions
for
Website ‘Glow-Up’ Service
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 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 website ‘glow up’ 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. Scope of Work
My Website Glow-Up Service focuses on refining the design, functionality and overall user experience of your website. This service is offered at set hourly, half-day or full-day rates. You are welcome to provide a list of priorities. Final decisions regarding the design and functionality will rest with me, to ensure the highest quality outcome that aligns with your brand.
4. 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. 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.
iv. 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.
5. Creative control and Revisions
I value your input and will strive to reflect your preferences within the agreed scope of work. However, I retain creative control to achieve the best results. Changes, revisions or requests outside the original brief (and/ or outside the agreed time allocation) will incur additional charges at my hourly rate.
6. 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 provide timely access to your website (with admin permissions) and (where applicable) providing any website copy and fully prepared (resized, compressed and named) images, as requested. 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. You authorise me to make any edits to your website that I see fit, within the scope of work.
v. You will keep me informed of any relevant changes to your personal or business circumstances which may affect our work together.
7. 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. 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 work which you have paid for in advance and which you have not received.
iv. In all other circumstances, I am not able to refund to you any payments you have made.
v. 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.
vi. Payment is via Stripe, Apple Pay or Google Pay through Thrivecart (or direct transfer to my bank account, if agreed).
vii. 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.
viii. The price for an agreed service 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.
8. 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 or create any derivative works based on them.
ii. Intellectual property rights for any new design elements I create will transfer to you upon completion (and full payment). All pre-existing content you provide remains your property.
iii. 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.
iv. I have the right to use any workings and screenshots (e.g. before and after) on my own website, social media or other marketing channels.
9. 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 shall not give your personal information to any other third party unless you agree to it.
iii. See my privacy policy here for full details of how I use your personal information.
iv. 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.
10. 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. 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.
iii. Your and my confidentiality obligations under this clause will continue after termination of this agreement.
iv. You will not use any Confidential Information for profit or for your own benefit in any way.
11. 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.
12. End of the contract
i. If a services description specifies a length of time for services to be provided then, subject to clause 12.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.
13. 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.
14. 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.
15. 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.
16. Third party rights
No one other than a party to this contract has any right to enforce any term of this contract.