Terms and Conditions

Terms and Conditions

Last updated: February 02, 2022

Please read these terms and conditions carefully before using Our Service.

Acknowledgment

We prefer to keep paperwork to a minimum and avoid lengthy documents written in legalese, however, to protect ourselves and to establish mutual trust, We do have some terms & conditions that are detailed below:

These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.

Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.

By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions, then You may not access the Service.

You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service.Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.

Links to Other Websites

Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company.

The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly, or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such web sites or services. 

We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.

Instructions for Work

The instruction for work to commence and the payment of the required deposit by the client constitutes a contractual agreement between the client and Steve Hewitt Web Design (a trading name of Learning Time Ltd). The instruction for work to commence and payment of the required deposit indicates the client has read and agreed to the terms & conditions outlined in this document.

Content

Draft Designs

Any mock-up / draft designs supplied to the client by Steve Hewitt Web Design remain the intellectual property of Steve Hewitt Web Design. We reserve the right to use any un-used mock-ups / drafts in our portfolio and or in other design projects.

Intellectual Property

Steve Hewitt Web Design will hold copyright of any material, including any source code created for the client, until payment of the final invoice is made. At this time, we will transfer the copyright to the client. Copyright of stock imagery used in web or graphic designs are represented by their own respective copyright notices.

In situations where clients provide images, text, animations or any other content for their website or media publication(s) they are legally responsible for ensuring that this material does not infringe any copyright laws.

Content Proofing

Clients are responsible for final proofing of artwork and web designs. We check all our artwork and web designs before publishing, but clients are responsible for final proofing. In the case of printed materials, Steve Hewitt Web Design cannot be held liable for any errors found after the client has approved artwork for print. If in doubt we suggest using a professional proof-reader.

Accreditations

On all web design work Steve Hewitt Web Design reserves the right to credit work to Steve Hewitt Web Design with the inclusion of the company logo unless otherwise agreed with Steve Hewitt Web Design.

Billing

You shall provide the Company with accurate and complete billing information including full name, address, county, post code, telephone number, and a valid payment method information.

Should automatic billing fail to occur for any reason, the Company will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.

Quotations

The price quoted to a client is for the cost to complete the project as detailed in the proposal. Major changes to the scope of a project may require a revised proposal. The client will be advised when making such a change and a new proposal will be put forward by Steve Hewitt Web Design for approval.

Travelling time, meeting time and cost to and from client premises is included in our quotations. Meetings prior to the agreement for work to commence are not chargeable (to a maximum of two meetings per project). Other travel will be agreed with the client and charged as expenses accordingly.

Deposit

A deposit of 35% of the total cost of the project is required before work can commence. After work commences this is non-refundable.

Payment Method

Payment is currently accepted by BACS transfer in UK Pounds Sterling, unless otherwise agreed. Other payments must be agreed and received prior to the commencement of work; this includes the clearance time for cheques. Non-payment may begin to incur late payment charges as detailed on the related invoice. See invoice for exact terms.

Payment Due Dates

Invoices are due 30 days after their issue date. See invoice for their respective due dates. Due to the size of our business, cash flow is paramount and therefore late payments may result in additional charges.  Invoices not settled 45 days after the invoice issue date will lead to service curtailment and eventually withdrawal of service.

Handover

Website handover (including user login credentials) will only take place once the final invoice has been paid in full.

Termination or Cancellation

The client may terminate the contract at any point but in doing so will forfeit the deposit. All uncompleted designs remain the copyright of Steve Hewitt Web Design.

We may terminate or suspend Your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions. Upon termination, Your right to use the Service will cease immediately.

Subscriptions

Subscription Period

The Service or some parts of the Service are available only with a paid Subscription. You will be billed in advance on a recurring and periodic basis (such as daily, weekly, monthly, or annually), depending on the type of Subscription plan you select when purchasing the Subscription.

At the end of each period, Your Subscription will automatically renew under the exact same conditions unless You cancel it, or the Company cancels it.

Subscription Cancellations

You may cancel Your Subscription renewal by contacting the Company. You will not receive a refund for the fees You already paid for Your current Subscription period, and You will be able to access the Service until the end of Your current Subscription period.

Fee Changes

The Company, in its sole discretion and at any time, may modify the Subscription fees. Any Subscription fee change will become effective at the end of the then-current Subscription period.

The Company will provide You with reasonable prior notice of any change in Subscription fees to give You an opportunity to terminate Your Subscription before such change becomes effective.

Your continued use of the Service after the Subscription fee change comes into effect constitutes Your agreement to pay the modified Subscription fee amount.

Refunds

Except when required by law, paid Subscription fees are non-refundable.

Certain refund requests for Subscriptions may be considered by the Company on a case-by-case basis and granted at the sole discretion of the Company.

“AS IS” and “AS AVAILABLE” Disclaimer

The Service is provided to You “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems, or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.

Without limiting the foregoing, neither the Company nor any of the company’s provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.

Governing Law

The laws of the Country, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service. Your use of the Application may also be subject to other local, national, or international laws.

Disputes Resolution

If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company.

For European Union (EU) Users

If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident in.

Severability and Waiver

Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

Waiver

Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Terms shall not affect a party’s ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute a waiver of any subsequent breach.

Other

Translation Interpretation

These Terms and Conditions may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.

Changes to These Terms and Conditions

We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material, We will make reasonable efforts to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.

By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.

Notes

Should Steve Hewitt Web Design waive any of these terms on an individual basis, this shall not affect the validity of remaining clauses or commit Steve Hewitt Web Design to waive the same clause on any other occasion. By agreeing to these terms and conditions your statutory rights are not affected. Should clarification of any of the above points be required please contact us.

Contact Us

If you have any questions about these Terms and Conditions, You can contact us:

  • By email: steve@stevehewittwebdesign.com