Terms of Business
SWOO Digital Media is the freelance studio of Steven Woods, a website design & development expert based in Ashington, UK.
Acceptance of Terms
Please note that the most up to date version of these terms and conditions is always held at www.swoodigitalmedia.co.uk/About/Terms. This version was correct as of August 2009 but as changes can happen at any time, please do always check online.
By commissioning SWOO Digital Media to work on your project, you agree to these terms of business - if not, please don't hire us as it won't work out.
How are costs worked out?
Fees are calculated either by multiplying the number of anticipated hours which will be spent in completing the works described by our hourly rate, or by recording hours accumulated on the works and invoicing you at the end of the calendar month in which the works took place. Please note that as a project progresses there may be a need for special fonts, images, commissioned photography and props for photography. If additional costs seem likely you will always be consulted as soon as possible.
How and when should I pay for things?
Before work will begin on your project, you will be asked to pay a NON-REFUNDABLE 50% deposit of the agreed project fee. Upon completion of the project, the remaining 50% balance will become due.
Payments will be by BANK TRANSFER (BACS) ONLY, bank details will be provided when required. Please pay us within 7 days of our invoice being issued.
What if the project detail changes part way through?
No problem. We'll change the project proposal and costing to match and any increase or decrease will be reflected on a subsequent invoice.
What happens if the working relationship ends?
You may of course terminate your work with us at any time. We will decide to stop acting for you only with good reason and on giving you reasonable notice. In the event of termination of the engagement either by you or by us then all charges which have accrued up to the date of termination of the engagement shall fall due immediately and will be invoiced for accordingly.
Limitation of liability
We don't take lightly the fact that we are advising you and your business or organisation. We maintain professional indemnity insurance cover (with Hiscox) in the sum of 250,000 UK Pounds in respect of any one claim.
You can view our insurance certificate here.
What this means is that an insurance company is happy to insure us for claims against us on the grounds of giving bad advice. Our liability to you in respect of any claim (including any amounts claimed in respect of costs, interest or expenses) in respect of professional negligence or otherwise on the part of this Company arising out of our engagement shall in no circumstances exceed the amount of our existing indemnity insurance cover referred to above or the admitted or final judicially determined extent of our liability (which ever shall be the lesser).
Who owns the work?
Intellectual property rights - it's industry standard (the norm) that all patent rights and other intellectual property rights on or over any material of whatsoever nature prepared, submitted, created or produced at any time by SWOO Digital Media shall vest and remain vested in the company (SWOO Digital Media). All copyright in concept, designs, plans, drawing, model, copy, artwork, storyboard, device or other such material prepared by or at the request of SWOO Digital Media and whether or not at the request and/or cost of the client shall vest and remain vested within the company (SWOO Digital Media). SWOO Digital Media reserves the moral rights in all designs, plans and other works produced and reserved and claims the right to exercise those rights, and the client undertakes not to modify the works save with the written consent of SWOO Digital Media. SWOO Digital Media will at all times endeavour to reasonably exercise those rights in accordance with the client's wishes and consent. Now; what all that means is that you as the client are paying SWOO Digital Media to use our acquired, collective skill and knowledge to create things for you to use in your business. You are buying our knowledge and skills as opposed to the things we actually create.
YOU MAY NOT RESELL OR REDISTRIBUTE ANY OR ALL OF THE WORKS THAT YOU COMMISSION FROM SWOODIGITALMEDIA UNDER ANY CIRCUMSTANCES, UNLESS YOU HAVE RECEIVED WRITTEN PERMISSION TO THE CONTRARY
In summary, the 'intellectual property' created is owned by SWOO Digital Media and not the client unless we agree to transfer such copyright IN WRITING.
Publicity
SWOO Digital Media can use any work or part thereof in their own publicity material without the prior written consent of yourself, such consent not to be unreasonably withheld by you, unless agreed otherwise in writing. SWOO Digital Media will be sensitive and professional where works are not yet in the public domain.
Little legal bit
These conditions shall be governed and construed according to English Law and the parties shall submit to the non-exclusive jurisdiction of the English courts.
