Terms and conditions

By placing an order with Sizewise Studio Ltd, you confirm that you are in agreement with and bound by the terms and conditions below:

Definitions

The Client: The company or individual using the services of Sizewise Studio Ltd.
Sizewise Studio Ltd: Primary designer & employees or affiliates.

General

Sizewise Studio Ltd will carry out work only where an agreement is provided in writing by email. Sizewise Studio Ltd will carry out work only for clients who are 18 years of age or above. An ‘order’ is deemed to be a written contract between Sizewise Studio Ltd and The Client; this includes emailed orders and purchase order documents such as purchase order PDFs.

These terms and conditions apply to the creation by Sizewise Studio Ltd of any website and associated hosting and maintenance services or creation of branding, print, photography, or any other solutions for The Client.

Contract

The Client’s approval for work to commence shall be deemed a contractual agreement between The Client and Sizewise Studio Ltd.

Important: Approval for the work to commence and payment of any deposit indicates that The Client accepts the terms and conditions outlined in this document.

Quotation

The price quoted to The Client is for the work agreed on the quotation only. Should The Client decide that changes are required after work commences, then Sizewise Studio Ltd will accept these changes with the provision that additional charges may apply.

Website design and development

Whilst every endeavour will be made to ensure that the website and any WordPress plugins, scripts or programmes are free from errors, Sizewise Studio Ltd cannot accept responsibility for any losses incurred due to malfunction, the website or any part of it.

Any scripts, applications, PHP scripts, or software written by Sizewise Studio Ltd remain the copyright of Sizewise Studio Ltd and may only be commercially reproduced or resold with the permission of Sizewise Studio Ltd.

The domain names, website, graphics and any programming code remain the property of Sizewise Studio Ltd until all outstanding accounts are paid in full.

Sizewise Studio Ltd cannot take responsibility for any copyright infringements caused by materials submitted by The Client or used by The Client in the future on their website.

Sizewise Studio Ltd will not be liable or become involved in any disputes between the site owner and their clients and cannot be held responsible for any wrongdoing on the part of The Client.

Sizewise Studio Ltd will not be liable for any costs incurred, compensation or loss of earnings due to the work carried out on behalf of The Client or any of the clients’ customers.

Sizewise Studio Ltd will not be liable for any costs incurred, compensation or loss of earnings due to the unavailability of the site, its servers or software.

In no event shall Sizewise Studio Ltd be liable for any direct, indirect, consequential, special and exemplary damages, or any damages whatsoever, stemming from the use or performance of The Client’s website or from any information, products and services provided through The Client’s site.

Sizewise Studio Ltd cannot take responsibility for any losses incurred by the use of any web application created for The Client. Whilst every care has been taken to ensure products are problem free and accurate, the ultimate responsibility lies with The Client in ensuring that all web applications are functioning correctly before use.

The Client is expected to test fully any application or programming relating to a site developed by Sizewise Studio Ltd before being made generally available for use.

Where ‘bugs’, errors or other issues are found after the site is live, Sizewise Studio Ltd will correct these issues to meet the standards of function outlined in the brief.

Sizewise Studio Ltd will endeavour to ensure that any developed/designed site or application will function correctly on the server it is initially installed in and that it will function correctly when viewed with standard web browsing software. Sizewise Studio Ltd can offer no guarantees of correct function with all browser software as they constantly change.

Due to external factors, such as changes to the way search engines rank websites, Sizewise Studio Ltd cannot offer any guarantees regarding the position/ranking of the website. There are many factors that have an impact on a website’s performance and visits/hits should increase naturally over time. Sizewise Studio Ltd cannot accept liability for any change in rankings, or drop off in the position of a Client’s website due to changes in the algorithms of the search engines or the factors that they use to rank websites.

Sizewise Studio Ltd applies the same Search Engine Optimisation techniques to all the websites they build and cannot promise to achieve specific page rankings. So many factors determine how a website performs and Sizewise Studio Ltd makes no guarantees or promises about performance/page rankings and hits a website will receive. Sizewise Studio Ltd is not responsible for The Client’s on-going website promotion and is unable to make any guarantees about the success of any search engine promotion activity.

A link to Sizewise Studio Ltd will appear at the bottom of The Client’s website. If The Client wishes Sizewise Studio Ltd to promote a website as a separate commission, Sizewise Studio Ltd will make every reasonable effort to promote the website effectively but cannot guarantee high placing in search engine results.

Errors with coding or ‘bugs’ that are the responsibility of Sizewise Studio Ltd will be carried out free of charge and will be prioritised in order of severity and fixed at no extra cost to The Client. Sizewise Studio Ltd will provide a quotation and a timescale for any additional work that The Client may require. These amendments to the design/wording/functionality will be charged at an hourly rate.

The Client’s participation, correspondence or business dealings with any third party found on or through this site, regarding the payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between The Client and such third party. Sizewise Studio Ltd shall not be responsible or liable for any loss, damage or other matters of any sort incurred as the result of any such dealings.

Sizewise Studio Ltd will not be liable or become involved in any disputes between The Client and any other party and cannot be held responsible for any unlawful behaviour or other wrongdoing by The Client or their clients.

It is The Client’s responsibility to ensure that the website and its content comply with standing regulations. Sizewise Studio Ltd cannot accept responsibility for any failure to comply with regulations related to accessibility, selling online or those related to a specific business or trade. In any business where complex compliance issues exist, Sizewise Studio Ltd recommends that The Client takes legal advice from their solicitor.

Hosting

Whilst Sizewise Studio Ltd recommends hosting companies to host websites, no guarantees can be made as to the availability or interruption of this service. Sizewise Studio Ltd cannot accept liability for losses caused by the unavailability, malfunction or interruption of this service, or for loss of turnover, sales, revenue, profits or indirect, consequential or special loss.

All hosting accounts with Sizewise Studio Ltd run for 12 months at a time, and are automatically renewed when the hosting period expires and customers are invoiced accordingly. If The Client does not wish to renew their hosting account with Sizewise Studio Ltd, The Client must inform Sizewise Studio Ltd by email or post no later than 14 days before the hosting period expires. It is up to The Client to keep a note of renewal dates for their accounts.

All Hosting Accounts with Sizewise Studio Ltd are payable annually in advance.

Privacy

Sizewise Studio Ltd do not share or sell any clients’ details with third party companies and will only contact The Client about work related matters should these arise.

Important

Approval for the work to commence and payment of the deposit indicates that the client accepts the terms and conditions outlined in this document.

Cancellation

Should The Client wish to cancel at any point during the process they shall remain liable for the work that has taken place and shall be invoiced accordingly. Once a website has been designed and completed the final balance of payment is then due in accordance with our payment terms. There are no exceptions to this, i.e. if The Client decides they no longer want the site; as they have commissioned the work and paid a deposit they are still obliged to pay for the work that has been done. Non-payment will result in legal action being taken if necessary.

Payment of accounts

A deposit is required from The Client before any work is carried out. It is the policy of Sizewise Studio Ltd that any outstanding accounts for work are required to be paid in full, no later than 14 days from the date of the invoice unless by prior arrangement with Sizewise Studio Ltd.

Once a deposit is paid and work completed The Client is obliged to pay the balance in full. Sizewise Studio Ltd will contact clients via email and telephone to remind them of such payments if they are not received when due.

If accounts are not settled or Sizewise Studio Ltd has not been contacted regarding the delay, access to the related website may be denied and web pages removed. Sizewise Studio Ltd will then seek reimbursement via the Small Claims Court to pursue payment and non-payment can result in County Court Judgements (CCJs) being added to The Client’s credit rating.

By agreeing to these terms and conditions your statutory rights are not affected. Sizewise Studio Ltd reserves the right to change or modify any of these terms and conditions at any time. Should clarification of any of the above be required please contact Sizewise Studio Ltd.