terms & conditions

The following Terms and Conditions is a legal agreement between Andy Squires Ltd (hereafter referred to as "the Company") and the "Client" for the purposes of media design, web site development, or any other service agreed between the Company and the Client. All work is carried out by the Company on the understanding that the Client has agreed to the Terms and Conditions set out below.

These Terms and Conditions set forth the provisions under which the Client may use the services supplied.

No other Terms and Conditions or variations of will be binding unless specifically agreed in writing or email by an authorised representative of the Company.

The Company reserves the rights to alter these Terms & Conditions at any time without prior notice.

1. Interpretation
In the Terms & Conditions herein the following definitions apply:

Agreement: The estimate or proposal agreed between the Company and the Client.

Project: The specification and/or services detailed in the estimate or proposal agreed between the Company and the Client.

Material: Any content, copy, images, documents, video, or other information required for the agreed estimate or proposal or supplied to the Client from time to time.

Contract: The contract between the Company and the Client for the supply of services in accordance with the Terms & Conditions set out herein.
2. Acceptance of Work
1. On request the Company will provide the Client with a written estimate (or quotation) detailing the work to be carried out along with associated costs.
2. Quotations are valid for 30 days from the date of issue. All prices quoted are excluding VAT which the Client agrees to pay in addition to the costs set out in the estimate.
3. By accepting the estimate or quotation the Client is agreeing to the Terms & Conditions set out herein.
3. Provision of Materials
1. The Client agrees to provide the Company with the specific copy, content, images, and other media required for the agreed project. If content is not supplied the Client is responsible for advising the Company where the required material may be located.
2. The Company accepts no responsibility for any missing or incomplete material or for any errors, omissions or discrepancies which may be present on material provided. The Company also accepts no responsibility for any late submissions of material. The Company will always endeavour to secure the best results however may apply additional charges for additional work undertaken in order to rectify incomplete material.
3. Where a deadline has been set in the agreement it is the Clients responsibility to provide any material on request to the Company. The Company accepts no responsibility for deadlines not being met due to late submissions of material when requested.
4. Where the Client supplies material the Company will take every care to provide the best results but accept no responsibility for imperfect work caused by imperfect or unsuitable material.
5. It is the Clients responsibility to obtain all necessary copyrights for the use of any material supplied to the Company for use in the agreed project. By accepting the estimate or quotation the Client agrees to indemnify the Company from any claim which arises regarding the use of material supplied by the Client.
6. Unless requested otherwise the Company reserves the right to use any artwork or printing we produce for promoting our services.
4. Print Services
- 4.1. Print Proof Agreement
  1. Once the Company provides the Client with a proof and the Client agrees to the proof by email or by signing the agreement the Client agrees to the design and contents of the printed document as depicted by the proof. By agreeing to the proof the Client agrees to absolve the Company of all liability of any errors, omissions or discrepancies which may be present on the proof.
  2. On agreement of the proof the Client may not make any changes to the final product nor can the Client hold the company responsible for anything the Client is not happy with.
- 4.2. Print Quality
  1. Every effort will be made to obtain the best possible colour reproduction for the work agreed in the Proof agreement however due to the process involved the Company cannot guarantee an exact colour match between the printed article and materials supplied by the client.
5. Website Specific Terms
- 5.1 Website Project Agreement
  1. Once the Client has agreed the design concepts for the website which detail the "look and feel" of the website and agreed that development can commence any subsequent changes in style or design requested by the Client that are outside the agreed design will incur further cost at the standard hourly rate.
  2. Although all efforts will be made to ensure changes to the site are made in line with the Clients requests, once the website is agreed to be put live to the public it is agreed by the Client that the site is approved and all work and changes and therefore work is complete.
  3. The Client agrees that the Company may add a statement and link on the footer of the website created for the Client indicating that the website has been developed and/or designed by Andy Squires Ltd. Any link will be to the Andy Squires Ltd website or a page within the site.
  4. The Company reserves the right to use screen shots, description and other details about the Client website project on the Company website to detail the work carried out for the Client.
- 5.2 Website File Copyright
  1. Unless negotiated and agreed in writing the copyright of the artwork, design files, programming files and image development of the website belongs to the Company.
  2. If the Client requires the files that make up the final website the Company can supply them but reserve the right to charge for the compilation of the requested files for supply to the Client. Any design files not used in the final development of the website may not be supplied as part of the project and remain the copyright of the Company.
- 5.3 Website Development
  1. Once development of the website commences it will be available to the Client to view, usually on a temporary URL allowing the Client to see progress of the website development. Once complete the Client will be required to review the website and provide a sign off by email or in writing at which stage the website will be made live to the public.
  2. On completion of the website payment, in full, will be required from the Client within 30 days.
- 5.4 Website Services
  1. Website maintenance including updating and changes is charged at our standard hourly rate.
  2. Where requested work is deemed as sizeable enough to warrant its own estimate this will be discussed and agreed with the Client before any work is undertaken.
  3. The Company guarantees all of its websites provided to clients insofar as any faults or "bugs" will be rectified within a reasonable period of time so as not to interrupt the service provided by the client to their users.
  4. All hosting accounts and domain names will be set up by the Client to ensure full ownership of the Client from the start of any web based project. As such the Client will have full access at all times to their hosting account. Assistance can be given to the Client by the Company in order to set up new hosting accounts or domain names.
  5. Renewal of any domain names or hosting accounts of the Client will be the responsibility of the Client and the Company takes no responsibility for any suspension of services of the Client by the hosting company due to late payment by the Client.
  6. If any work is undertaken on the website by any other party not employed by the Company, the Company takes not responsibility for any issues that arise due to the work undertaken by the other party and any work by the Company to rectify any problems caused by the other party will be charged at the standard hourly rate.
- 5.5 Website Ongoing Changes
  1. It is expected that some details on the website will change from time to time including emails, addresses, names and telephone numbers. In these cases the Company agrees to make these changes as part of our standard service and won't usually be charged. However any larger changes will incur cost at our standard hourly rate.
- 5.6 Website Content
  1. The Client shall ensure that all material supplied to the Company for inclusion in the website project does not infringe any applicable laws or regulations including material which is offensive, defamatory, threatening, liable to incite racial hatred or acts of terrorism, or in breach of any third party Intellectual Property Rights.
  2. The Client shall indemnify the Company against all damages or losses arising as a result of any action or claim from inappropriate content.
  3. The Company shall not be held liable for any content that is placed on the Client website by visitors, third parties or staff of the Client.

- 5.7 Browser Compatibility
  1. The Company will guarantee compatibility with the most recent browsers, at the time of commencement of the project, which includes the most recent versions of Safari, Internet Explorer, Mozilla Firefox, Chrome, and Opera. If compatibility is required with an earlier version of any specific browser this must be specified by the Client before commencement of the project.
  2. When responsive design is included in the project the website will be tested on a number of mobile devices and unless otherwise specified or requested by the client these will include the iPad air and the iPhone 6.
- 5.8 Website Liability & Warranty Disclaimer
  1. On completion of a project as agreed by the Client it is agreed by the Client that the website is working as expected. Whilst every effort is made to ensure the website is free of bugs and inconsistencies the Company cannot guarantee that the site will be completely error free. Once the website is live any bugs or errors in the site identified by the Client, as long as they are within the site files originally supplied for the website by the Company and no changes have been made to the hosting platform of the website, the Company agrees to correct the errors free of charge for up to 3 months from the website being made live (and completion of the project). After this time the Company reserves the right to charge for any work involved to correct further errors.
  2. The Company shall have no liability to the Client or any third party for any damages, including but not limited to claims, losses, lost profits, or other incidental, consequential, or special damages arising out of the operation of or inability to operate the web pages or website.
  3. From time to time updates may become available and may be required for the website developed by the Company for the Client. The Company reserves the right to quote for any updates as additional work should the Client request them. The Client agrees that the Company shall not be liable in any way whatsoever for any damages, losses, liabilities, costs and claims arising from the omission to implement said updates.
  4. The Company does not warrant that any website hosted on the advice of the Company shall be accessible and error free 100% of the time. The Company shall not be liable for any temporary interruption in service or access or functionality.
6. General Liability & Warranty Disclaimer
1. The Company will endeavour to carry out all projects in accordance with timescales set in the estimate however any timescales are estimates only and may change through the course of the project.
2. Should the Client go into compulsory or involuntary liquidation or cannot pay its debts in the normal course of business, the Developer reserves the right to cancel forthwith any projects and invoice the Client for any work completed.
3. The Company shall not be liable for any losses arising or relating to email. The Client agrees to be fully responsible for the safe storage of all emails including making copies and backups of emails deemed important or sensitive.
4. The Company shall not be liable for any loss of email functionality, email data, or inability to access email during transfer of domain name for any duration. The Company shall not be liable for any loss of goodwill, revenues, reputation or other consequential losses due to loss of email functionality.
7. Legal Matters
1. The Company reserves the rights not to include in any design or project any material or matter deemed immoral, illegal, libellous, or offensive or which may be an infringement of the proprietary or any other rights of any third party.
2. The Company accepts no liability whatsoever for any loss, damage, expense or third party losses resulting from a delay in delivery or loss in service provided by the Company however caused.
3. All designs, artwork (and rights to design and artwork), code, HTML, and other material produced by the Company remain the intellectual property of the Company until payment is received in full from the Client. Once full payment has been received the Company will surrender to the client all claims of ownership and full copyright for final work produced. This does not include alternate designs, images, concepts, files, documents or other material not deemed part of the final project produced throughout the project.
8. Jobs Put On Hold or Cancelled by the Client
1. Jobs put on hold or cancelled by the Client during production will be invoiced at our full hourly rate based on the number of hours worked and our outlay on materials, or reasonable portion of the entire project cost as deemed completed by the Company. The Client agrees to pay any invoice issued by the Company, in full together with any VAT that falls due accordingly within 30 days of the date of the invoice.
9. Termination
1. Either party may terminate the Contract with immediate effect by giving written notice to the other party if:
  1. The other party commits a material breach of any term in the Contract and fails to remedy that breach within 30 days of that party being notified in writing to do so.
  2. The other party becomes insolvent or unable to pay its debts as they fall due or admits inability to pay its debts.
  3. The other party ceases to trade.
  4. The other party, being an individual, is subject to a bankruptcy petition or order.
  5. The other party suspends, ceases or threatens to suspend or cease to carry on all or a substantial part of its business.
2. The Company may suspend or cancel the services under the Contract if the Client becomes subject to or the Company believes the Client is about to become subject to any of the events listed in 8(i), or if the Client fails to pay any amount due under this Contract on the due date for payment.
3. On termination of the Contract for any reason the Client shall immediately pay all outstanding unpaid invoices (and interest) to the Company, and in respect of services supplied, but for which no invoice has been submitted, the Company shall submit an invoice which shall be payable by the Client immediately on receipt.
10. Payment Terms
1. Unless otherwise agreed with the Company new Clients agree to pay a non-refundable deposit of up to 50% which will be required before any work commences.
2. All charges are exclusive of VAT.
3. Staged payments may be agreed between the Company and the Client but must be finalised and agreed in writing before any work commences.
4. All invoices are payable within 30 days of date of completion of the project by the Company.
5. For all services provided on an "ongoing basis" payment for such services will be payable within 30 days of the invoice for the service.
6. The Company reserves the right to suspend or remove any web related services in the event of non-payment. This includes websites, email services, SEO, Social Media or other web based services.
7. If any project exceeds the estimated and agreed timeline the Company reserves the right to invoice 25% of any outstanding balance with the remaining 25% payable on completion.
11. Late Payment
1. The Company reserves the right to charge interest on the overdue debt, for any invoices not paid within the agreed 30 days payment terms, at 2% above the Barclays base rate at the time and an administration fee to cover the debt recovery costs.
12. Compliance and Intellectual Property Rights
1. All Intellectual Property Rights in connection with the services and product shall be owned by the Company until full payment has been made by the Client to the Company. On clearance of full payment the Intellectual Property Rights to the artwork, working files, and imagery created for the project shall be passed to the Client.
2. The Client shall indemnify the Company against all damages, losses and expenses arising as a result of any action or claim that materials infringe the Intellectual Property Rights of a third party.
13. Confidentiality
1. The Company agrees not to use the confidential information provided by the Client for any purpose or disclose any confidential information to any third parties without prior approval by the Client.
2. The obligation set out above shall not apply to any confidential information which is required to be disclosed by any applicable law or regulation or by any governmental or administrative authority or by any order of any court of competent jurisdiction.
14. Subcontracting
1. The Company may employ subcontractors to perform any of the services it requires and acknowledges that such subcontracting shall not release the Company from any of its contractual obligations under the agreement.
2. The Company will use reasonable care in selection and appointment of subcontractors.
15. Force Majeure
1. The Company accepts no responsibility if it is unable to carry out any provision of a contract for any reason beyond its control including (without limiting the foregoing) Act of God, legislation, war, fire, flood, drought, failure of power supply, lock-out, strike or other action taken by employees in contemplation or furtherance of a dispute or owing to any inability to procure materials required for the performance of the contract. During the continuance of such a contingency the Client may, by written notice to the Company, elect to terminate the contract and pay for work done and materials used, but subject thereto shall otherwise accept delivery when available.
16. Statutory Rights
1. These Terms and Conditions do not affect your statutory rights as a consumer.