The following terms and conditions apply to all website development / design services provided by Lakes Design to the Client.
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 client quotation/quote via email 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.
1.1 Lakes Design will confirm in writing, its understanding of the Client’s requirements after we have received your brief, by means of a formal “Client Quotation” which shall be supplied to the Client for approval by email, prior to the commencement of any works, any additional information or changes sent to Lakes Design after the Client Quotation has been approved and a booking deposit has been paid may result in the need for a new Client Quotation/and or emails to clarify the new client brief. (e.g extra documents or additional requests could void the original client quotation.)
Lakes Design will also confirm in writing (either within the body of the main “Client Quotation” or by a separate email), its understanding of agreed delivery timescales for the build and supply of the completed works, along with any other relevant details or information relating to the general project that may affect the overall build specification, as this may have been verbally discussed with the Client at the initial. Consultation/Client briefing.
Every client is required to send Lakes Design a workable brief and site map prior to the client quotation so we can provide an accurate client quotation/estimate this includes any additional paper work or documents needed to complete the project. Please send all relevant paper work and documents via email. All text content needs to be typed and should be delivered as a Microsoft Word, email (or similar) document with the pages in the supplied document representing the content of the relevant pages on your website. We will not except handwritten notes or photographs of documents. We have the right to refuse a brief we can not follow and request a brief and site map that adheres to our terms and conditions.
1.2 Client brief format: If you are unsure how to send Lakes Design your brief and site map please contact us and we will happily send you an example and provide any advice where needed email@example.com
1.3 For the benefit of this schedule, the term “Works” and/or "Project" shall specifically refer to all material produced, or due to be produced by Lakes Design, for and on behalf of the Client, as itemised in the “Client Quotation/ Quote” or any subsequent amendments subject to the provisions of clause (6.2) of this schedule.
1.3 For the benefit of this schedule the term "Brief" and /or "Clients Site Map" specifically refer to all instructions and documents provided by the client to Lakes Design which allows us to create your design as smoothly as possible.
Invoicing & Payment
2.1 For all accounts, (50%) of the invoice total shall be paid prior to the commencement of any job. This initial payment shall be defined as the “Booking Deposit”. Lakes Design reserves the right not to commence any work on a Client project until the “Booking Deposit” has been received as cleared funds through their Bank. We therefore recommend that payment of the initial “Booking Deposit” be paid at least (5) working days prior to the required commencement of any job we undertake for and on behalf of the Client. The outstanding balance shall be due, in full, before any website is published handed over or connected. (i.e. upon delivery of the final works to the client) unless an other payment method has been specifically agreed to and confirmed in writing by Lakes Design to the Client.
On occasions we may have to reject offers for other work and enquiries to ensure that we are available to work for you when we agreed. Which means all booking deposit are non refundable as time will have been allocated for you in our schedule. If you need to reschedule any booked work we will do our upmost to make this possible but this isn't guaranteed. In other words please make sure your ready to proceed on the agreed date when you made the booking.
2.2 Lakes Design will issue an appropriate invoice for payment as each respective sum becomes due for payment by the Client. All stage or balance payments are due for payment in full within (5) working days of their respective invoice. Invoices are sent to the Client by email; however, a paper copy is available upon request.
2.3 Late Payment: If payment is not received within (20) working days of the date of the respective invoice, Lakes Design reserves the right to automatically charge interest at a rate of (10%) of the invoice per month which will be added to the customer’s account until final settlement has been made.
2.4 Payments should be made by “Bank Transfer” or “Company Cheque”.
2.5 All Cheques should be made payable to: “Lakes Design”
2.6 If the Client becomes bankrupt, or under the provisions of section 123 of the Insolvency Act 1986, is deemed to be unable to pay its debts, or compounds with its creditors, or in the event of a resolution being passed or proceedings commenced for the administration or liquidation of the Client (other than for a voluntary winding up for the purpose of reconstruction or amalgamation), or if a Receiver or Manager or Administrative Receiver is appointed of all or any part of its assets or undertaking, Lakes Design shall be entitled to cancel its contract with the Client, in whole or in part, by notice in writing without prejudice to any right or remedy accrued or accruing to Lakes Design.
3.1 Alterations: Should the Client later require reasonable alterations, that have not previously been agreed and acknowledged in writing by Lakes Design in our initial Quotation or any subsequent email prior to commencement of the project, the Client is advised that further additional charges may apply. In this case, the Client should clearly specify in writing to Lakes Design (via email), exactly what additional alterations/changes are required. Lakes Design shall, by return, notify the Client in writing (via email) of any additional charges that need to be applied in consideration of any such alterations.
3.2 Any “Works” completed by Lakes Design for and on behalf of the Client, may only be publicly released by Lakes Design (for promotional purposes), once the completed “works” are proven to be in the public domain, or once the Client has confirmed their approval, in writing (via email), to Lakes Design (whichever is earliest).
Termination of Services
4.1 The Client may terminate their contract with Lakes Design at any time by written notice of termination. Such notice must be delivered to Lakes Design. “Point of Termination” shall be determined as the date that Lakes Design receives actual copy of the Clients written “Termination Notice”. Lakes Design shall, by return, confirm receipt of such notice to the client (email).
4.2 Should the Client wish to terminate their contract with Lakes Design prior to completion of the said “works”, (via email or by removing Lakes Designs access to the project/work/website) the Client will remain liable for full payment of any work which Lakes Design has previously undertaken, and/or is currently in progress of. Any client quotation, contract, written agreement, fixed prices, discounts or package offers will then be void and the client will be charged at our hourly rate for the work we have already completed you will find our hourly rates on our prices page please click here.
4.3 Should the Client wish to terminate this agreement at any stage, funds held on account (excluding the Booking Deposit which is none refundable) shall be refunded to the Client once our hourly charges have been deducted on a pro-rata basis, subject to a 5% administrative charge.
Errors, Omissions or Liability
5.1 Lakes Design cannot be held liable for any loss or damage caused as a result of any third party action, failure or none compliance.
5.2 In the event of a performance obligation accepted by Lakes Design being prevented, delayed, or in any way interfered with by an act of government, war, industrial dispute, strike, breakdown of machinery or equipment, accident, fire or by any other cause deemed to be beyond the reasonable control of Lakes Design, Lakes Design may, at its own option, suspend all further performance or cancel its obligations under the contract without liability for any damage or consequential loss resulting from such suspension or cancellation, being without prejudice to Lakes Design's right to recover all sums owing to it in respect of goods or services delivered and costs incurred up to the date of such suspension or cancellation (to be confirmed in writing by Lakes Design to the Client).
5.3 Lakes Design shall not be held liable for any errors or omissions on any material they have produced for and on behalf of the Client. The Client must check all materials produced by Lakes Design in order to satisfy themselves that the material produced meets with their requirements. Any recommendations or suggestions made by Lakes Design relating to the said “Works” are given in good faith and without prejudice.
5.4 The Client shall indemnify Lakes Design against all actions, claims, costs, charges, expenses and proceedings arising from or incurred by reason of any defamatory or libellous matter or any infringement or alleged infringement of any patent, trademark, copyright, registered design or design copyright or other exclusive right including any moral right claim or other title of any third party in respect of work carried out for the Client by Lakes Design.
5.5 The Client hereby agrees that without limiting any other provision of these conditions, to the maximum extent permitted by English law, Lakes Design’s entire liability for breach of any provision of this or any other contract, or any conditions implied by the contract by operation of law, including Lakes Design’s liability for negligence (except where such negligence results in death or personal injury), notwithstanding any other provision of the contract, shall be limited to the total amount actually Lakes Design, in accordance with the contract. Under no circumstances whatsoever shall Lakes Design be liable for any consequential loss, including damages for loss of profit or any other indirect pecuniary loss of any kind.
6.1 Contracts between the Client and Lakes Design may be modified (by email or written agreement only) at any time, to add or delete services in order to better benefit the Client’s needs.
6.2 Any amendment made to the original “Client Quotation/ Quote/ Works /Project /Brief” must be made by mutual consent and confirmed by both parties. Any such amendments once mutually agreed in writing shall, from that point onwards, become contractually binding between both parties.
6.3 All correspondence is via telephone and Email to approve any/all changes to any agreement/contract between the Client and Lakes Design.
6.4 Lakes Design shall be entitled to appoint one or more subcontractors to carry out all or any of its obligations under any contract between Lakes Design and the Client.
6.5 If any provision of this contract is found to be void or unenforceable under the jurisdiction of English Law, the same shall in no way affect any other provision of this contract or the validity or enforceability of the contract generally.
6.7 If the Client requires Lakes Design to attend any filming or recce locations outside the United Kingdom, the Client shall be responsible for providing appropriate security arrangements for any Lakes Design crew and equipment. Such arrangements shall be notified to Lakes Design in writing, at least 14 days prior to the first date of travel.
6.8 All contracts between the client and Lakes Design shall be governed and interpreted exclusively in accordance to the Laws of England and shall be subject to the jurisdiction of English Courts only.
Ownership of Content/Copyright
7.1 Subject to Lakes Design receiving full payment of all outstanding fees, (which must be cleared funds through Lakes Design’s Bank: Santander), Lakes Design agrees to hereby assign to the Client, with full title guarantee, all present and future copyright and intellectual property rights howsoever arising in the final created images produced.
7.2 Lakes Design shall retain ownership and rights of all digital assets, including but not withstanding, 3D models, 2D/3D Textures, Scene Files, reference images, Artwork, Storyboards, Animatics, Composites, Data Sets including Motion Capture, Coded assets including Programmed Scripts or plugins together with any 3D tests created for the project, unless otherwise specifically agreed in writing by both parties, plus all other digital artwork web or print.
7.3 The Client shall give Lakes Design a perpetual, royalty free, licence to use all material/s produced by Lakes Design, for and on behalf of the Client, in order that Lakes Design may promote its business, once such material is in the public domain, or unless otherwise confirmed in writing by the Client. This shall include connection with any material/s that may relate to industry awards.
7.4 Lakes Design is not accountable or responsible for the use of unlicensed copyrighted images, even if they are uploaded to the website by the Lakes Design. Lakes Design will always advise use of purchase stock images from various stock image providers.
Transfer of Title
8 Title of any/all works produced by Lakes Design, for and on behalf of the Client, shall only transfer to the Client once full payment of the total invoice amount for the whole “Works” has been made (Cleared funds confirmed by Lakes Design Bank).
9 Any confidential or proprietary information which is acquired by Lakes Design from the Client in connection with the said works shall not be disclosed to any person or entity, except when required to do so by law. If required, Lakes Design will sign and adhere to the reasonable conditions of any standard “None Disclosure Agreement” as provided by the Client.
Deadlines Content & Delivery
10.1 Any “works/project” that require Lakes Design to adhere to a deadline must be outlined in detail by the Client prior to the commencement of such “works/project”. In such event, specific details of such deadline/s, required by the Client, should be specified and confirmed in either the “Client Quotation” or the “Client Brief ” prior to the commencement of any such "works/project" Lakes Design will then use its best endeavors to deliver such completed works to the Client by or before any agreed deadline as specified in either the “Client Quotation”, or the “Client Brief”. However, such endeavors on the part of Lakes Design shall be subject to the Client, or appropriate representative of the Client, making themselves available for communication with Lakes Design, its contractors and or agents, as may reasonably be required by Lakes Design, in order that they may be able to fulfil their performance obligations under any such agreement.
Failure to provide required website content:
10.2 Lakes Design is a small business, to remain efficient we must ensure that work/projects we have booked in can be carried out at the scheduled time. On occasions we may have to reject offers for other work and enquiries to ensure that your work is completed at the time arranged.
This is why we ask that you provide all the required information in advance. On any occasion where progress cannot be made with your website because we have not been given the required information in the agreed time frame, and we are delayed as result, we reserve the right to impose a surcharge of up to 25%.
If you agree to provide us with the required information and subsequently fail to do within one week of project commencement we reserve the right to close the project and the balance remaining becomes payable immediately.
Every client is required to send Lakes Design a workable brief and site map prior to the client quotation so we can provide an accurate client quotation/estimate this includes any additional paper work or documents needed to complete the project. Please send all relevant paper work and documents via email. All text content needs to be typed and should be delivered as a Microsoft Word, email (or similar) document with the pages in the supplied document representing the content of the relevant pages on your website. We will not except handwritten notes or photographs of documents. We have the right to refuse a brief we can not follow and request a brief and site map that adheres to our terms and conditions. Please contact Lakes Design via email if you require an example or advice on the correct format.
10.3 Lakes Design official trading hours are 10.00am to 5.30pm (GMT) Monday to Friday. Lakes Design is closed on all public bank holidays.
11 Should the Client feel they have due cause to make an official complaint, we would respectfully request that the complaint be made in writing, and sent to our main office marked for the attention of the “Managing Director”. Lakes Design will then take appropriate action in order to investigate the matter in detail, so that a formal written reply can be made to the Client within 28 days of receipt of the Client‘s original letter of complaint. Copyright © 2019 Lakes Design. All rights reserved.
12 The Client agrees to reimburse Lakes Design for any additional expenses necessary for the completion of the work. Examples would be purchase of special fonts, stock photography etc.
13 A link to Lakes Design will appear in either small type or by a small graphic at the bottom of the Client’s website. If a graphic is used, it will be designed to fit in with the overall site design. If a client requests that the design credit be removed, a nominal fee of 10% of the total development charges will be applied. When total development charges are less than £1000, a fixed fee of £100 will be applied. The Client also agrees that the website developed for the Client may be presented in Lakes Designs portfolio.
Domain Names and Hosting
14 Lakes Design may purchase domain names and/or hosting on behalf of the Client. Payment and renewal of those domain names/hosting is the responsibility of the Client unless approved and included in the package. The loss, cancellation or otherwise of the domain/hosting brought about by non or late payment is not the responsibility of Lakes Design. The Client should keep a record of the due dates for payment to ensure that payment is received in good time.
15 Lakes Design makes every effort to ensure websites are designed to be viewed by the majority of visitors. Websites are designed to work with the most popular current browsers (e.g. Firefox, Internet Explorer 8 & 9, Google Chrome, etc.). Client agrees that Lakes Design cannot guarantee correct functionality with all browser software across different operating systems.
Lakes Design 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, Lakes Design reserves the right to quote for any work involved in changing the website design or website code for it to work with updated browser software.
Standard Media Delivery
16 Unless otherwise specified in the project quotation, this Agreement assumes that any text will be provided by the Client in electronic format and that all photographs and other graphics will be provided electronically in jpeg, png or via drop box or a similar format. Although every reasonable attempt shall be made by Lakes Design to return to the material provided for use in creation of the Client's website, such return cannot be guaranteed.
17 These Terms and Conditions supersede all previous representations, understandings or agreements. The Client’s signature below or payment of an advance booking fee/deposit constitutes agreement to and acceptance of these Terms and Conditions. Payment online is an acceptance of our terms and conditions.
18 In the event any one or more of the provisions of this Agreement shall be held to be invalid, illegal or unenforceable, the remaining provisions of this Agreement shall be unimpaired and the Agreement shall not be void for this reason alone. Such invalid, illegal or unenforceable provision shall be replaced by a mutually acceptable valid, legal and enforceable provision, which comes closest to the intention of the parties underlying the invalid.
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