Terms of Business

SWOO is the freelance studio of Steven Woods, a website design & development expert based in Newcastle-Upon-Tyne, 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/terms-of-business.asp This version was correct at June 2008 but as changes can happen at any time, please do always check online.

By commissioning SWOO to work on your project, you agree to these terms - if not, please don't hire us as it won't work out.

 

How have costs been 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 (displayed at http://www.swoo.co.uk/Rates/), 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?

On projects (or project phases) where the value of the work is less than £1,000 you'll be invoiced straight away. You'll have 30 days to pay! On projects of a higher value our staged payment system asks for 30% of the cost of a commissioned project to be paid for before the work starts (within a week), 70% at the end (you have 30 days to pay this bit). Invoices will clearly identify the work so you know what you are being charged for. If a monthly recurring fee is agreed (for example, when commissioned to work on a project over a number of months), payment will be made on a monthly basis at an agreed rate from the start of the project. For instance, a 3 month project will result in 3 seperate monthly payments of one third the total project cost, regardless of the status of the project.

Cash, cheque or bank transfer are accepted, bank details will be provided when required. At the end of a project, please pay us within 30 days.

 

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.

 

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 in the sum of £100,000 in respect of any one claim. 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 shall vest and remain vested in the company (SWOO). All copyright in concept, designs, plans, drawing, model, copy, artwork, storyboard, device or other such material prepared by or at the request of SWOO and whether or not at the request and/or cost of the client shall vest and remain vested within the company (SWOO). SWOO 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. SWOO 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 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.

In summary, the 'intellectual property' created is owned by SWOO and not the client unless we agree to transfer such copyright IN WRITING.

 

Publicity

SWOO 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 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.