Terms & Conditions:

In using Tailspin Design’s services, you are deemed to have read and agreed to the following terms and conditions:

For Tailspin Design's Website Hosting Acceptable Use Policy Click Here

Tailspin Design, owns the copyright of all content, materials, logos and design elements from within www.tailspindesign.co.uk, unless otherwise stated. These elements may not be copied, reproduced, rewritten, published or altered in any way without written permission from the owner.

Quotations:

1. All quotes supplied by Tailspin Design are valid for 1 month only.
2. If the quotation is not accepted in writing, either in the form of a letter or email – accompanied by the 50% non refundable deposit (see “Payment Terms” below) within 1 month of the date of the quote then a new quote must be obtained.
3. Please note that any changes to the scope of this project after acceptance has taken place will be subject to additional charges invoiced at a standard rate of £25 per hour.

Invoices & Payment:

1. For print projects, the client must pay the total fee – in full, before any work will commence on the project.
2. For all other services, the client must pay fifty percent (50%) of the total accepted quote before any work will commence on the project. This deposit is non refundable.
3. Any hosting or domains will be registered when the 50% deposit has been paid.
4. The client will pay the remaining amount on completion of the project. Total payment must be cleared before any projects can be launched/live on the internet.
5. Once a quotation has been accepted, all cleared payments are non refundable.
6. Any renewals are notified by email and/or hard copy. It is the responsibility of the client to make sure that all renewal payments are completed within our payment terms, Tailspin Design cannot be held liable if the client suffers loss of service due to non payment.
7. All invoices raised by Tailspin Design shall become due for payment 14 (fourteen) days following the date of invoice.
8. Invoices which are overdue for a period in excess of 14 (fourteen) days from the date of invoice for any services will be subject to suspension and will fall subject to a 2% interest rate per month.
9. Projects that have had no feedback in thirty one (31) days will be classified as an Inactive Project, once this happens the client will be invoiced for the work carried out up to that current stage. If the project becomes active again the fees paid will be subtracted from the final invoice.

Cancellations & Default/Termination:

1. To cancel services provided by Tailspin Design, the client must provide 14 Days notice (prior to renewal date) to advise Tailspin Design in writing (letter or by email) that they would like to cancel.
2. Following acceptance of Cancellation, Tailspin Design will invoice the client for any work completed to date. Deposits are non refundable.
3. Tailspin Design will not refund any payments made for recurring services.
4. Tailspin Design reserves the right at any time to cancel a service or project if the content is deemed offensive or illegal.
5. Failure by either party to comply with any term or condition under this Agreement shall entitle the other party to give the defaulting party written notice requiring it to cure the default. If the party in default has not cured, or commenced to cure, if a cure cannot be performed within the time period set forth below, the default within 7 days after receipt of written notice, the notifying party shall be entitled, in addition to any other rights it may have under this Agreement or otherwise at law or in equity, to immediately terminate this Agreement.

Supply of Information:

Quotes assume that you will provide Tailspin Design with all information and content required for your project, either in digital or hard copy to enable Tailspin Design to work on your project.

Permissions & Copyrights:

1. The client will obtain all the necessary permissions and authorities in respect of the use of all copy, graphics, registered company logos, names and trademarks or any other material supplied by the client.
2. Supply of above mentioned material by the client shall be regarded as a guarantee by the client to Tailspin Design that all such permissions and authorities have been obtained.
3. No responsibility will be accepted by Tailspin Design for damages to or losses incurred by the client from the use of material for which the required permission or authority has not been obtained.
4. On completion of any commissioned design work, full copyright of all project content is passed to the client once payment has been received in full. However, Tailspin Design retains the right to use the final artwork in any portfolios or for marketing/advertising of our services, both on and offline.
5. The copyright of any earlier concepts or design ideas that may have been supplied to you to preview remains with Tailspin Design. We retain the right to use such initial concepts in future projects.
6. Under no circumstances will Tailspin Design provide original source files or templates. All design/source files and templates remain the property of Tailspin Design (Unless itemised in original quotation).
7. Tailspin Design retains the right to display promotional graphics & elements as examples of their work in their portfolio and as content features in other projects. Tailspin Design also retains the right to place a small logo link on the bottom of every page designed/powered and/or hosted by Tailspin Design.

Errors, Alterations & Liabilities:

1. Tailspin Design will use all due care to ensure sites worked on by Tailspin Design are free of errors. Tailspin Design does not accept any responsibility for losses or damage arising from errors within any project, once final project handover has been accepted by the client.
2. Tailspin Design will not accept any responsibility for any alterations performed by either the client or a third party which cause errors in the site. Such alterations include, but are not limited to, additions, modifications or deletions.
3. If Tailspin Design is required to correct any errors resulting from such alterations, the client will be charged the current hourly rate.

Acceptance:

Upon final completion of the services set fourth in any proposal. Customer shall have thirty (30) days to notify Tailspin Design of any problems with the services provided or with the specifications developed during the term of the Agreement and provided to customer in documentary form. If Tailspin Design is not notified of any problems within this period, the services performed shall be deemed accepted.

Client Obligations:

Customer agrees that it will co-operate with and assist Tailspin Design in the performance of the services requested pursuant to the Agreement and will provide the resources necessary for Tailspin Design performance hereunder as specified in the work order. Customer will make available at least one qualified member of staff who will have the authority to act on behalf  of the Client, provide information and data concerning the clients operations and activities, advise Tailspin Design of Clients requirements and provide access to Clients facilities at all reasonable times during the performance of the services required pursuant to this Agreement.

General Provisions:

a. Force Majeure: If either party shall be prevented from performing any portion of this Agreement (except the payment of money) by causes beyond its control, including labour disputes, civil commotion, war, governmental regulations or controls, casualty, inability to obtain materials or services or acts of God, such defaulting party shall be excused from performance for the period of the delay and for a reasonable time thereafter.

b. Jurisdiction: This Agreement and any claim, action, suit, proceeding or dispute arising out of the Agreement shall in all respects by governed by, and interpreted in accordance with the substantive laws of England. Venue for any actions arising under this Agreement shall vest exclusively in the courts of general jurisdiction of England.

c. Survivor of Terms: The provisions of this Agreement which by their nature extend beyond the termination of the Agreement will survive and remain effect until all obligations are satisfied.

d. Waiver: No waiver of any right or remedy on one occasion by either party shall be deemed a waiver of such right or remedy on any other occasion.

e. Integration: This Agreement, including all referenced exhibits, schedules or documents, sets forth the entire agreement and understanding between the parties pertaining to the subject matter and merges all prior discussions between them. Neither of the parties shall be bound by any conditions, definitions, warranties, understandings or representations with respect to the subject matter other than as expressly provided in this Agreement.

f. Superior Agreement: The Agreement shall not be supplemented or modified by any course of dealing or trade usage. Variance from or addition to the terms and conditions of the Agreement in any purchase order or other written notification from Customer will be of no effect, unless otherwise expressly provided in the Agreement or agreed to in writing by both parties.

g. Assignment: The Agreement is not assignable by the Customer, in whole or in part, without Tailspin Design’s prior written consent (which shall not be unreasonably withheld), save to the purchaser of the customer’s business and/or assets. Notwithstanding Tailspin Design shall not unreasonably withhold consent to an assignment of the Agreement or any part of the Agreement to a parent, subsidiary or affiliate.

h. Notice: Unless otherwise agreed to by the parties, all notices required under the Agreement shall be deemed effective when received and made in writing by either (i) registered mail, (ii) email addressed and sent to the address first above written and to the attention of the party executing the Agreement or that person's successor.

i. Severability: If any provision of the Agreement is held invalid, illegal, or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby.