1. About these Terms and Conditions
It is mutually agreed that these Terms and Conditions shall apply to the website design, web development, graphic design, logo design and social media marketing services supplied by Lift Creative and constitute a legally binding agreement with us including any documents attached or separately agreed.
In these Terms and Conditions, the following meanings shall apply:
“Client” refers to the party making a booking for design work.
“We” “Our” “Us” or “The Company” refers to Lift Creative.
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 from Lift Creative 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 our terms and conditions.
3. About Us
Lift Creative provides web design, web development, email marketing, social media marketing, graphic design and branding design. We can be contacted directly by email to email@example.com.
Unless the context otherwise requires, references to the singular include the plural and references to the masculine include the feminine, and vice versa.
The headings contained in these Terms and Conditions are for convenience only and do not affect their interpretation.
References to any statute or statutory provision shall, unless the context otherwise requires, be construed as a reference to that statute or provision as from time to time amended, consolidated, modified, extended, re-enacted or replaced.
Charges for services to be provided by Lift Creative are defined in the project quotation that the Client receives via e-mail. Quotations are valid for a period of 28 days. Lift Creative reserves the right to change or decline to provide a quotation after expiry of the 28 days.
Unless agreed otherwise with the Client, all website design services require an advance payment of a minimum of thirty five (35) percent of the project quotation total before the project production commences and before work is supplied to the Client for initial review. The balance of the project quotation total due upon completion of the work, prior to the launch of the website or release of materials.
Payment for services is due by Paypal or bank transfer. Bank details will be made available on invoices.
During the project, Lift Creative will require the Client to provide website content; text, images as specified in the quote and email communications. The Client accepts that any delay in providing materials will have an impact on the agreed project timeline and Lift Creative can not guarantee any formerly agreed delivery dates if delays from the Client occur.
Lift Creative will launch and publicly post or supply the Client's website by the date specified in the project proposal, or at date agreed with the Client upon Lift Creative receiving final payment, unless a delay is specifically requested by the Client and agreed by Lift Creative.
Squarespace Website Design Revisions:
We will present two initial prototype designs at our first design review meeting, from there we are aiming to establish the initial design direction. Lift Creative with gather feedback from the Client to further develop one of these directions or the Client will request an alternative direction. If required Lift Creative will produce up to two full alternative design directions based on your feedback at no additional charge. Further complete design revisions will incur additional fees.
Once the template selection has been made, any request to change the template will incur additional fees.
Under these terms, Lift Creative includes adding up to 3 revised versions of the content, copy, text, images and other content of your website. Further edits and changes will be handled at the discretion of Lift Creative and may incur further time and costs.
Logo Design Revisions:
Unless otherwise agreed, your logo design project allows up to 3 complete revisions of design direction. Further edits and changes will be handled at the discretion of Lift Creative and may incur further time and costs.
8. Client Review
Lift Creative will provide the Client with an opportunity to review the appearance and content of the creative work to a timeline as agreed in the project quote. Upon completion of the project, such materials will be deemed to be fully accepted and approved by the Client unless the Client notifies Lift Creative otherwise within five (5) days of the project launch or the date the materials are made available to the Client.
Invoices will be issued by Lift Creative. Invoices are normally sent via email; however, the Client may choose to receive hard copy invoices. Invoices are due upon receipt. Accounts that remain unpaid twenty eight (28) days after the date of the invoice will be assessed a service charge in the amount of the higher of one and one-half percent (1.5%) or £30 per month of the total amount due.
Accounts unpaid twenty eight (28) days after the date of invoice will be considered in default. If the Client in default maintains any information or files on Lift Creative's web space, Lift Creative will, at its discretion, remove all such material from its web space. Lift Creative is not responsible for any loss of data incurred due to the removal of the service. Removal of such material does not relieve the Client of the obligation to pay any outstanding charges assessed to the Client's account. Clients with accounts in default agree to pay Lift Creative reasonable expenses, including legal fees and costs for collection by third-party agencies, incurred by Lift Creative in enforcing these Terms and Conditions.
11. Additional Expenses
The Client agrees to reimburse Lift Creative for any additional expenses necessary for the completion of the work with twenty eight (28) days after launch and handover of materials. All Squarespace fees, domain fees, email hosting fees and other associated third-party costs are the responsibility of the Client.
Termination of services by the Client must be requested in a written notice and will be effective on receipt of such notice. E-mail or telephone requests for termination of services will not be honoured until and unless confirmed in writing. The Client will be invoiced for design work completed to the date of first notice of cancellation for payment in full within twenty eight (28) days.
All Lift Creative services may be used for lawful purposes only. You agree to indemnify and hold Lift Creative harmless from any claims resulting from your use of our service that damages you or any other party.
The Client is responsible for complying with all relevant laws relating to e-commerce, and to the full extent permitted by law will hold harmless, protect, and defend and indemnify Lift Creative and its subcontractors from any claim, penalty, tax, tariff loss or damage arising from the Client’s (or your clients’) use of Internet electronic commerce.
15. Retention of Content
Digital files are held by Lift Creative for twenty eight (28) days following project completion and launch. Upon project hand-over, any assets created by Lift Creative for the Client will be handed over to the Client for archiving safely. All responsibility for storage of assets after twenty eight (28) days of project completion shall transfer to the Client for archiving and safety. After this date Lift Creative has no further responsibility regarding the storage of content on behalf of the Client.
16. Data Protection
The Company acts as a Data Controller in relation to services supplied under these Terms and Conditions and the person responsible for data protection matters is Sarah Longworth.
Under data protection legislation, data subjects have the right to access any data personal data kept by Lift Creative through a Subject Access Request (SAR). If you wish to invoke this right, you should email us at firstname.lastname@example.org.
As permitted under data protection legislation we will store personal data only for as long as necessary and for legitimate purposes. We do not pass personal data to any third parties except where lawfully permitted. Personal data is not sold to any third party.
We retain the right to respond to legal requests as necessary.
17. Standard Media Delivery
Unless otherwise specified in the project quotation, this Agreement assumes that any text will be provided by the Client in electronic format (ASCII text files delivered on floppy disk or via e-mail or FTP) and that all photographs and other graphics will be provided physically in high quality print suitable for scanning or electronically in .gif, .jpeg, .png or .tiff format. Although every reasonable attempt shall be made by Lift Creative to return to the Client any images or printed material provided for use in creation of the Client's website, such return cannot be guaranteed.
18. Search Engines
We do not guarantee any specific position in search engine results for your website. We perform basic search engine optimisation according to current best practice.
19. Design Credit
A link to Lift Creative will appear in either small type or by a small graphic at the bottom of the Client's website. If the Client requests that the design credit be removed, a nominal fee of 10% of the total development charges will be applied. The Client also agrees that the website developed for the Client may be presented in Lift Creative’s portfolio unless otherwise agreed via email.
20. Web Browsers
Lift Creative works with the Squarespace platform which therefore means that we can only offer browser and device support according to the support the Squarespace platform itself provides. A full list of Squarespace supported browsers and devices can be found here.
Where custom coding is applied to the Squarespace website, Lift Creative will fully test this on Microsoft Edge, Internet Explorer, Firefox, Chrome and Safari, plus Chrome, Firefox and Safari’s mobile browsers. The Client understands that different browsers may display elements of the design differently and agrees that Lift Creative cannot guarantee correct functionality with all browser software across different operating systems.
Lift Creative cannot accept responsibility for web pages which do not display acceptably in new versions of browsers released after the website have been designed and handed over to the Client. As such, Lift Creative reserves the right to charge for any work required to update the website design or website code for it to work with updated browser software.
The Client retains the copyright to data, files and graphic logos provided by the Client, and grants Lift Creative 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 Lift Creative permission and rights for use of the same and agrees to indemnify and hold harmless Lift Creative from any and all claims resulting from the Client's negligence or inability to obtain proper copyright permissions. A contract for website design and/or placement shall be regarded as a guarantee by the Client to Lift Creative that all such permissions and authorities have been obtained. Evidence of permissions and authorities may be requested.
22. Post-Placement Alterations
Lift Creative cannot accept responsibility for any alterations caused by a third party occurring to the Client's pages once installed. Such alterations include, but are not limited to additions, modifications or deletions.
These Terms and Conditions supersede all previous representations, understandings or agreements. The Client's signature below or acceptance of the proposal or payment of an advance fee constitutes agreement to and acceptance of these Terms and Conditions. Payment online is an acceptance of our terms and conditions.
24. Force Majeure
Lift Creative shall not be liable for any failure or delay in performing the obligations under these Terms and Conditions where such failure or delay results from any cause that is beyond our reasonable control. Such causes include, but are not limited to: power failure, internet service provider failure, industrial action, civil unrest, fire, flood, storms, earthquakes, acts of terrorism, acts of war, or governmental action.
25. Entire Agreement
The Client accepts that they shall not rely on any representation, warranty or other provision except as expressly provided in these Terms and Conditions. All conditions, warranties or other terms implied by statute or common law are excluded as fully permitted by law.
Each of these conditions is separate from all other conditions, so that if one condition is found to be void or otherwise unenforceable it will not affect the validity of any of the others.
27. Third Parties
No part of these terms and conditions shall confer rights on any third parties and accordingly the Contracts (Rights of Third Parties) Act 1999 shall not apply.
Lift Creative hereby excludes itself, its Employees and or Agents from all and any liability from:
Loss or damage caused by any inaccuracy;
Loss or damage caused by omission;
Loss or damage caused by delay or error, whether the result of negligence or other cause in the production of the web site;
Loss or damage to clients' artwork/photos, supplied for the site. Immaterial whether the loss or damage results from negligence or otherwise.
The entire liability of Lift Creative to the Client in respect of any claim whatsoever or breach of this Agreement, whether or not arising out of negligence, shall be limited to the charges paid for the Services under this Agreement in respect of which the breach has arisen.
29. Jurisdiction and Governing Law
These Terms & Conditions and all disputes, whether contractual or otherwise, arising out of or in connection with them are governed by and shall be construed in accordance with the laws of England and each party submits to the exclusive jurisdiction of the English courts.
These terms and conditions were last updated on 10/11/2018.