1. DEFINITIONS
The following Terms and Conditions document is a legal agreement between Juli Richter - design and photography, hereafter “the Designer” or “Juli Richter”, and the “Client” for the purposes of graphic design, website design and website development.
2. 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 an estimate then the Client will be deemed to have satisfied themselves as to the terms applying and have accepted these Terms and Conditions in full. Any purchase or use of Juli Richter’s services implies that the Client has read and accepted these Terms and Conditions.
3. ACCEPTANCE OF WORK
Estimates are valid for 30 days from date of issue. When the Client places an order to purchase graphic design, a website or website updates from the Designer, the order represents an offer to the Designer to create the website or website updates and/or create design. Client’s written confirmation in an email, letter or a signature signed within the estimate, are all evidence of entering a contract prior to invoicing. The invoice equals acceptance by the Designer of the Client’s offer to purchase services from the Designer and this acceptance of work is a valid contract between Client and Designer regardless of whether the Client receives the invoice. Any other services on the order that have not been included in the estimate/invoice do not form part of the contract.
The Client agrees to check that the details of the estimate/invoice are correct.
The Designer is liable to withdraw from contract at any time prior to acceptance.
Additional work requested by the Client that is not specified in the agreed estimate/invoice, is subject to an additional estimate/invoice by the Designer on receipt of specification. If the work is needed as part of an existing project, then this may affect time scale and overall delivery time of the project.
The Client agrees to provide any needed information and content required by the Designer in good time to enable the Designer to complete a design or website work as part of an agreed project.
4. 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.
The Client cannot terminate a contract unless they have made full payment up to the end of the current stage of the project.
5. PAYMENT TERMS
The price charged for the Designers services is stated in the estimate or invoice.
All prices are exempt of VAT.
All invoices must be paid in full within 14 days of the invoice date. The Designer reserves the right to decline further work on a project if there are invoices outstanding with the Client after 14 days of supply.
The Designer reserves the right to remove its work for the Client from the Internet if payments are not received within the 14 days after project is complete.
Any project that involves print material must be paid prior to print, to cover cost of print with external company.
6. REFUND POLICY
The Designer will not refund payments on time spent/services rendered, since the charges are based on the hours of work spent on the project.
Refunds are only possible if the Designer is unable to render the services to the Client. The refund will be based on any hours that the Client has paid for but not used. No refunds will be given for hours spent on research, development, design and administration. All deposits are non-refundable under any circumstances.
7. PERMISSION AND COPYRIGHT
The Client retains the copyright to data, files and artwork provided by the Client, and grants Juli Richter 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 the Designer permission and rights for use of the same and agrees to indemnify and hold harmless the Designer from any and all claims resulting from the Client’s negligence or inability to obtain proper copyright permissions.
Unless explicitly specified in writing, the Designer will hold all copyright to web designs, codes, source files, graphic and logo designs and grant the Client a non-exclusive limited license to publish and use such material; It will remain the sole intellectual property of the Designer; Juli Richter will own the intellectual property rights in any service given to the Client.
The Client agrees that resale or distribution of the completed files is forbidden unless prior written agreement is made between the Client and the Designer.
The Client agrees that the Designer reserves the right to include any work done for the Client in a portfolio of work. The Client agrees that the Designer may include development credits and links within any code Juli Richter designs, develops, or amends.
8. MATERIAL
The Designer reserves the right to refuse to handle any media that is unlawful or inappropriate, any media that contains a virus or hostile program, any media that constitutes harassment, racism, violence, obscenity, harmful intent or spamming, any media that constitutes a criminal offence, or infringes privacy or copyright.
9. PRINT MATERIAL
It is the Client’s responsibility to check all content for print material, prior to going to print. The files will only be sent to print when approval has been received by email or letter as a notice of evidence. The Designer cannot be held responsible for any errors to content if it has already been approved and granted to go to the printers as it is an irreversible procedure once the printers process the files.
10. WEBSITE PROJECTS
10.1 GDPR NOTICE AND SSL
Your website will require a GDPR notice within the privacy notice page and potentially any contact forms collecting personal data. You will also need an SSL certificate which can be purchased via a third party service. The Designer can only give advisories on what content should be added to your website to follow GDPR guidelines. As I do not have a legal expertise background, it is the responsibility of the website owner to follow the correct GDPR guidelines and seek the required advice from a third-party and add this content to their website themselves to avoid any penalties that could be imposed.
10.2 DOMAIN NAMES AND HOSTING
The Designer can, at its own discretion, but is not obliged to, offer domain name registration and hosting via a third party service.
The Client agrees that registration of a domain name does not provide endorsement of the right to use the name. The Client is responsible for ensuring they have due title to the domain name. The Designer holds no liability and the Client hereby agrees to indemnify and hold harmless the Designer from any claim resulting from the Client’s registration of a domain name.
The domain name is registered in the Client’s own name, with the address and contact details of the Designer. The Client should be aware that a domain name is registered with a third party and as such the Client shall agree to fully abide by the terms and conditions set out by the third party for such services.
The Client agrees to take all legal responsibility for use of third party domain name and hosting services and supply truthful details to the third party services.
The Client agrees to pay the domain name and hosting fees as soon as required by the third party. Any modifications needed to the domain name or hosting services are to be made between the Client and third party service.
The Client agrees to take full responsibility for all usage of the domain name, hosting and email services and to fully abide by the terms and conditions set out by the third party for such services.
10.3 WEB STANDARDS
The Designer shall make every effort to ensure sites are designed to be viewed by the majority of visitors. Sites are designed to work with the standard development platform, which includes recent versions of the main browsers, Internet Explorer (latest version only) and Mozilla Firefox. The Client agrees that the Designer cannot guarantee correct functionality with all browser software across different operating systems.
11. LIMITATION OF LIABILITY
Juli Richter hereby excludes herself from all and any liability: The Designer 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 Juli Richter 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. The Designer is liable to you to cover the contract and services provided to the Client as long as none of the other points in this contract are broken by the Client.
12. INDEMNIFICATION
The Client agrees to use all Designer services and facilities at their own risk and agrees to defend, indemnify, save and hold the Designer harmless from any and all demands, liabilities, costs, losses and claims, including but not limited to legal fees against the Designer that may arise directly or indirectly from any service provided or agreed to be provided or any product or service sold by the Client or its third parties.
The Client agrees that this indemnification extends to all aspects of the project, including but not limited to website content and choice of domain name.
The Client also agrees to indemnify, hold harmless and defend, the Designer against any liabilities arising out of injury to property or person
caused by any any product or service sold by the Client or any service provided or agreed to be provided or by third parties, including but not limited to infringement of proprietary rights, misinformation, infringement of copyright, delivery of defective services or products that
are harmful to any company, person, business, or organisation.
13. WARRANTY DISCLAIMER
Juli Richter will not be responsible for any losses or damages your business may suffer. The Designer 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 the Designer. The Designer 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, the Designer cannot guarantee a website be restored to original state. Juli Richter is not responsible
for any content published on your website, in graphic design or print services that infringes any law, copyright or compliance. The Client 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.
14. PRIVACY POLICY
The Designer and any third party associates shall use information provided by the Client in relation to this agreement in accordance with the Data Protection Act 1998. This information will also be used to identify the Client in communications with them and to contact the Client from time to time to offer them services or products that may be of interest to or benefit the Client.
15. NONDISCLOSURE
The Designer and any third party associates agree that, unless directed by the Client, it will not at any time during or after the term of this agreement disclose any confidential information. The Client agrees that it will not convey any confidential information about the Designer to another party, unless directed by the Designer.
16. NOTICE
All notices must be in writing via email or addressed to 87 Tollgate Lane, Bury St Edmunds, IP32 6BS. Notices to the Client will be considered validly given if addressed to their address.
17. INTERPRETATION
The Designer reserves the right to terminate a project with a Client at any time without prior notification if it finds the Client in breach of these Terms and Conditions. The Designer shall be the sole arbiter in deciding what constitutes a breach. No refunds will be given in such a situation.
Where one or more terms of this contract are held to be void or unenforceable for whatever reason, any other terms of the contract not so held will remain valid and enforceable at law.
By accepting an estimate or making a payment of invoice to use the services supplied, the Client acknowledges to have read, understand, and accept the Terms and Conditions of this Agreement, and agrees to be legally binding by these Terms and Conditions.
The Designer reserves the right to alter these Terms and Conditions at any time without prior notice.
The signatory to this Agreement warrants that they have the authority to commit the Client to this Agreement.
18. APPLICABLE LAW
This agreement shall be governed by the laws of England & Wales.