The following terms and conditions apply to website design services provided by Sarah Tamsin (“I”, “me”, “my”, “mine”, “us”, “we”, “our”) to the Client (“you”, “your”, “yours”).
It is not necessary for any Client to have signed an acceptance of these terms and conditions for the terms to apply. If a Client accepts a quote, then the Client will be deemed to have satisfied themselves as to the terms applying and have accepted these terms and conditions in full. These Terms and Conditions supersede all previous representations, understandings or agreements. Payment of an advance fee constitutes a contractual agreement and automatic acceptance of these Terms and Conditions.
2. Representation and Warranties
Sarah Tamsin agrees with the Client that during the term of this Agreement it will:
- install and publicly supply the Client’s website by the date specified in the project proposal, or at date agreed with Client upon receiving payment in full, unless a delay is caused by the Client or specifically requested and agreed by both parties;
- protect and promote the Client’s interests, act loyally and faithfully towards the Client and perform the Services with reasonable care and skill;
- take reasonable care of all Client materials in its possession and make them available for collection by the Client on reasonable notice and request, always provided that the Company may destroy the Client’s materials if the Client fails to collect them within a reasonable period of time following the termination of the contract; and
- to the best of its knowledge and belief, not infringe any third-party rights or be in any way contrary to the laws of England and Wales in the work it creates, subject to any legal or other advice provided to the Company and communicated to the Client.
The Client agrees with Sarah Tamsin that during the term of this Agreement it and its representatives will:
- be responsible for:
- the accuracy, completeness and propriety of information concerning the Client’s organisation, products and services;
- rights, licences and permissions to use materials given to the Sarah Tamsin by the Client or by a third party on the Client’s behalf;
- compliance with all laws and regulations applicable to the Client’s business (including all securities laws and regulations);
- delegating a single individual as a primary contact to aid me with progressing the commission in a satisfactory and expedient ; and
- warrants that to the best of its knowledge, information and belief all information supplied to Sarah Tamsin before, during and after the Agreement shall be accurate and not in any way contrary to the laws of England and Wales and that it is entitled to provide such information to the Company for its use without recourse to any third party.
Charges for services to be provided by Sarah Tamsin are defined in the project quotation that the Client receives via e-mail. Quotations are valid for a period of 30 days. I reserve the right to alter or decline to provide a quotation after expiry of the 30 days.
4. Charges and Payments
Unless agreed otherwise with the Client, all website design services require an advance payment of a minimum of fifty (50) percent of the project quotation total before the work is supplied to the Client for review. The remaining fifty (50) percent of the project costs are due upon completion but prior to the website going live.
Payment for services is due within 14 days of the date on the invoice by either BACS, credit card or bank transfer. Bank details and secure online card payment links will be made available on invoices.
Invoices will be provided by Sarah Tamsin and are normally sent via email. Hard copy invoices can be provided up request by the Client. Invoices are due upon receipt. Accounts that remain unpaid thirty (30) days after the date of the invoice will be liable for a fee of £30 for every week it is remains unpaid.
Sarah Tamsin and/or persons or companies acting on its behalf or as its agents reserve the right to charge and recover all costs incurred in connection with the pursuance and/or recovery of outstanding sums.
If payment is not made by the Client to Sarah Tamsin in accordance with these terms, and the Client does not remedy the breach within 14 days of written notice to do so, Sarah Tamsin will have the right to terminate the Agreement immediately by notice in writing to that effect.
5. Scope and timescales
The scope and timescale of the project is contained within the agreement project plan and these are agreed by both parties. Any changes to the [project plan spreadsheet] needs to be in writing and agreed by both parties.
If the information supplied is incomplete or misleading or the Client’s plans are subsequently amended outside of the agreed scope, leading to an increase in the work required, Sarah Tamsin reserves the right to increase the fees accordingly.
6. Amendment and cancellation
Any request by the Client to amend or halt any plans or to cancel work in progress shall be implemented by Sarah Tamsin as far as this is possible within the terms of its contractual obligations to suppliers. The Client shall be responsible for any costs or expenses incurred or to which Sarah Tamsin is committed prior to, or as a result of, the cancellation or amendment and which cannot be recovered by Sarah Tamsin The Client shall pay Sarah Tamsin’s fees covering the cancelled or amended Services, as well as any charges raised by third parties arising from the cancellation or amendment and shall assume Sarah Tamsin’s liability under all contracts the Sarah Tamsin is unable to cancel and agrees to indemnify Sarah Tamsin in accordance with the Indemnity Clause herein in respect of such amendments or cancellations.
7. Provision of Website Content
Sarah Tamsin is a sole trader operating a home-based business, to remain efficient we must ensure that work we have programmed is 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.
The customer agrees to supply all necessary materials, electronic, or otherwise, required to create and complete the project, and to supply them in a timely manner as outlined below
Unless otherwise agreed in writing, the client agrees to provide written copy, logos, images, assets and other necessary content within 30 days of the initial payment.
8. Failure to Provide Required Content
If the client has not provided all the necessary content to create a first draft version of the website within 90 days of the initial payment, the project will be put on hold and a non-refundable restart fee of £300 will be required to start the project again along with a new estimated completion date, which must be within 60 days from the date of payment. If you agree to this and agree to provide us with the required information and subsequently fail to do within a subsequent 7 day period, we will reserve the right to close the project and any remaining balance is due immediately.
Simply put, all this says is do not give me the go ahead to start your website until you are ready to do so, and you have your required content ready before we start.
Using the WordPress content management system, you are able to keep your content up to date yourself once the site is complete.
9. Access Requirements
If the Client’s website is to be installed on a third-party server, Sarah Tamsin must be granted temporary administrative access to the Client’s web hosting and relevant storage directories. The client agrees to allow us all required and necessary access to systems including, but not limited to; file storage, web hosting, cloud storage, and other locations, as required, in order to complete a project, including the necessary administrative and/or read/write permissions, usernames and passwords. The customer also agrees to allow us temporary access to any computer systems, usernames and passwords required in order to remove data and/or sites as a result of failure to comply with these Terms and Conditions.
10. Additional Expenses
Client agrees to reimburse Sarah Tamsin for any additional expenses necessary for the completion of the work. Examples include, but are not limited to purchase of special fonts, stock photography or graphic design services, etc.
11. Web Browsers
I do my utmost 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. Google Chrome, Firefox, Safari, Microsoft Edge.). However, the Client agrees that I cannot guarantee correct functionality with all browser software across different operating systems.
I cannot accept responsibility for web pages which do not display acceptably in new versions of browsers or devices released after the website have been designed and handed over to the Client. As such, I reserve the right to quote for any work involved in changing the website design or website code for it to work with updated browser software.
12. Client Review
I will provide you with an opportunity to review the appearance and content of the website at your request during the design phase and a formal review before the website is made live, as outlined in an agreed project plan and timescales. Upon the website being made live, such materials will be deemed to be accepted and approved unless the Client notifies me otherwise within ten (10) days of the date the materials are made available to the Client. Any revisions after the client review period will be classed as new work and subject to additional payment.
13. User Acceptance Testing
There is a fourteen (14) day user acceptance testing (UAT) period that commences on the date the website goes live. During this period, I will make minor changes and fix bugs. Major additions or revisions are not covered under UAT period and will be treated as new work, subject to additional payment.
After the UAT period ends, the Client independently manages the site and therefore the Client complete responsibility for the website in its entirety. Any and all website maintenance after the UAT period is the responsibility of the Client.
Accounts unpaid thirty (30) days after the date of invoice will be considered in default. If the Client in default maintains any information or files on Sarah Tamsin’s Web space, I will, at my discretion, remove all such material from its web space. I am not responsible for any loss of data incurred due to the removal of the service. Removal of such material does not relieve the Client of the obligation to pay any outstanding charges assessed to the Client’s account. Clients with accounts in default agree to pay me for reasonable expenses, including legal fees and costs for collection by third-party agencies, incurred by me in enforcing these Terms and Conditions.
Termination of services by the Client must be requested in a written notice and will be effective on receipt of such notice. Requests for termination of services in person or via telephone will not be honoured until and unless confirmed in writing. The Client will be invoiced for work completed to the date of first notice of cancellation for payment in full within thirty (30) days, subject to any additions as set out in paragraph 6.
Any provision of this agreement that expressly or by implication is intended to come into or continue in force on or after termination of this agreement (howsoever arising) shall remain in full force and effect.
16. Post-Placement Alterations and Website Maintenance
Upon completion of the site or upon termination, the site will be handed over to the Client. Once the site is handed over, Sarah Tamsin is not responsible for any errors caused by, or alterations made, by the client, third parties or events beyond her control. Such alterations include, but are not limited to additions, modifications or deletions to the website content and/or database(s).
Sarah Tamsin can provide technical assistance on an ad hoc basis, chargeable at the standard rate with additional fees for out of hours and emergency work, or the Client can purchase a website maintenance package from Sarah Tamsin. Responsibility for work carried out by the Client or any third parties remains the responsibility of the Client under all circumstances.
The Client shall indemnify and keep indemnified Sarah Tamsin from and against any and all damage, loss, costs, expenses (including legal costs and expenses) and liability whether civil or criminal which I may incur or suffer resulting from any act, neglect or default of the Client or its agents, employees or licensees, or from the infringement of the intellectual property rights of any third party or any successful claim for defamation, or from any governmental investigation, proceeding or administrative hearing regarding Services under this Agreement, or from any issue of safety or product liability or the nature, use or performance of the Client’s products or services, provided that such liability was not incurred by I through any default in performing its obligations under the Agreement.
The Client shall indemnify and keep indemnified Service Provider against:
- any loss or damage suffered by the Client arising out of any act, omission, misrepresentation or error made by or on behalf of the Client or arising from any cause beyond my reasonable control; or
- any loss or damage caused by delay or error, whether the result of negligence or other cause in the production of the web site;
- loss or damage to clients’ artwork/photos, supplied for the site. Immaterial whether the loss or damage results from negligence or otherwise.
- any consequential loss or damage of any kind whether caused by tort (including negligence), breach of contract or otherwise, and whether or not such loss or damage was foreseeable.
The entire liability of Sarah Tamsin to the Client in respect of any claim whatsoever or breach of this Agreement, whether arising out of negligence, shall be limited to the charges paid for the Services under this Agreement in respect of which the breach has arisen.
The Client retains the copyright to data, files and graphic logos provided by the Client, and grants Sarah Tamsin the rights to publish and use such material. It is the Client’s responsibility to obtain the necessary permission and rights to use any information or files that are copyrighted by a third party.
The Client is further responsible for granting me permission and rights for use of the same and agrees to indemnify me from any and all claims resulting from the Client’s negligence or inability to obtain proper copyright permissions.
A contract for website design and/or placement shall be regarded as a guarantee by the Client to Sarah Tamsin that all such permissions and authorities have been obtained. Evidence of permissions and authorities may be requested.
Ownership of data, file and graphic logos provided by Sarah Tamsin is transferred to the Client upon completion of the project and upon receipt of final payment
19. Non-Disclosure & Confidentiality
Unless otherwise specified in the project quotation, this Agreement assumes that any text will be provided by the Client in a digital format and that all photographs and other graphics will be provided physically in digital high resolution; .gif, .jpeg, .png or .svg format. I will not accept content on a physical disk, CD, DVD or USB drive.
20. Design Credit
Sarah Tamsin may use the design of your website in a portfolio that may be used to showcase work to other clients.
21. Governing Law
This Agreement shall be governed by Laws of England and Wales.
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.
23. Non-Disclosure & Confidentiality
I shall not directly or indirectly disclose to any person other than a representative of Client at any time either during the term of this Agreement or following the termination or expiration thereof, any confidential or proprietary information pertaining to Client, including but not limited to customer lists, contacts, financial data, sales data, supply sources, business opportunities for new or developing business, plans and models, or trade secrets.
Furthermore, I agree that during the term of this Agreement, and for 6 months following the termination of this Agreement, I shall not directly or indirectly solicit or attempt to solicit any customers or suppliers of Client other than on behalf of client himself without written agreement from the Client.
Upon termination of this Agreement, I will return to Client all records, notes documentation and other items that were used, created, or controlled by Service Provider during the term of this Agreement with the exception of items purchased by me and not reimbursed by the Client.
24. Dispute Resolution
In the event of a dispute arising between the parties, Sarah Tamsin and the Client agree to appoint an independent mediator to assist in resolution of the dispute. Failing agreement over the identity of the mediator, Sarah Tamsin and the Client agree to make a request to the Chartered Institute of Arbitrators for the appointment of a mediator.
25. Additional Information
The Service to be provided under this Agreement shall be performed at the Service Provider’s place of business, Welsh ICE Innovation Centre, Caerphilly Business Park CF83 3GG. Work may also be completed at the Service Provider’s home address.
Sarah Tamsin reserves the right to subcontract or delegate any or all of her obligations under this agreement to a third party when required.
Schedule & Availability
For ongoing support and maintenance clients, I am generally available to provide Services during normal business hours. Monday – Friday 10am – 8pm GMT. Email support may be available outside of these hours, but it is not guaranteed.
I will provide reasonable notice of planned holidays or days when unavailable for contact, where possible.
Content of SarahTamsin.com
Any Non-Human Visitors to these Websites shall be considered agents of the individual(s) who controls, authors or otherwise makes use of them. Such individual(s) shall be deemed responsible for the actions of their Non-Human Visitor devices in the same manner as if they personally visited the Website.
Please read this Agreement carefully before accessing or using the SarahTamsin.com Website. By accessing or using any part of the Website, you agree to become bound by the terms and conditions of the below agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by the SarahTamsin.com, acceptance is expressly limited to these terms.
Sarah Tamsin is a participant in the Amazon Services LLC Associates Program, an affiliate advertising program designed to provide a means for us to earn fees by linking to Amazon.com and affiliated sites. As an Amazon Associate I earn from qualifying purchases. Read the full affiliate disclosure.
This website and its content is copyright and belongs to Sarah Tamsin unless otherwise stated. All rights reserved.
Any reproduction of part or all of the contents in any form is prohibited. You may not, except with our express written permission, distribute or commercially exploit the content. Nor may you transmit it or store it on any other website or another form of digital media.
If you discover part or all of our work replicated elsewhere, you are urged to let us know by contacting hello[at]SarahTamsin[dot]com
As I ask others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to on SarahTamsin.com violates your copyright, you are encouraged to notify me. I will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. In the case of a visitor who may infringe or repeatedly infringes the copyrights or other intellectual property rights of SarahTamsin.com or others, I may, in my discretion, terminate or deny access to and use of the Website.
DMCA Contact: hello[at]SarahTamsin[dot]com
You do not claim intellectual property right or exclusive ownership to any of our products or services, whether modified or unmodified. Our products and services are provided ‘as is’ without warranty of any kind, either expressed or implied. In no event shall I (or any business or individual associated with SarahTamsin.com) be liable for any damages including, but not limited to, direct, indirect, special, punitive, incidental or consequential, or other losses arising out of the use of or inability to use our products or services.
This Agreement does not transfer from SarahTamsin.com to you any proprietary or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with SarahTamsin.com. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties.
A special restriction on a visitor’s license to access the Website applies to all Non-Human Visitors. Non-Human Visitors include, but are not limited to, web spiders, bots, indexers, robots, crawlers, harvesters, or any other computer programs designed to access, read, compile or gather content from the Website automatically.
The information is provided by SarahTamsin.com and while I endeavour to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk.
In no event will we be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of this website.
The Responsibility of Contributors
If you submit a comment on the Website, post material to the Website, post links on the Website, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, ‘Content’), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, computer software or any other type of electronic content. By making Content available, you represent and warrant that:
- The downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
- You have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
- The Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
- The Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
- The Content is not obscene, libellous, defamatory, hateful or racially bigoted, does not violate the privacy or publicity rights of any third party and is not otherwise unlawful;
By submitting Content to SarahTamsin.com for inclusion on the Website, you grant SarahTamsin.com a worldwide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting your site or Content. If you delete Content and advise me, I will use reasonable efforts to remove said Content from the Website, but you acknowledge that caching and/or other references to the Content may not be made immediately unavailable.
Without limiting any of those representations or warranties, I have the right (though not the obligation) to, at my sole discretion (i) refuse or remove any content, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, at my sole discretion.
The Responsibility of Website Visitors
I have not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot, therefore, be responsible for that material’s content, use or effects. By operating the Website, SarahTamsin.com does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content.
Any user who finds content that is offensive, indecent, or otherwise objectionable, or content containing technical inaccuracies, typographical mistakes, or other errors has a responsibility to report such Content to hello[at]SarahTamsin[dot]com. In the same way, anyone who discovers Content on the Website that contains material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated, must report the same to hello[at]SarahTamsin[dot]com.
I disclaim any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.
Content Posted on Other Websites
We have not reviewed, and cannot review, all of the material, including computer software, made available through the Websites and WebPages to which SarahTamsin.com links, and that link to SarahTamsin.com. I do not have any control over those non-SarahTamsin.com Websites and WebPages and is not responsible for their contents or their use. By linking to a non-SarahTamsin.com Website or webpage, SarahTamsin.com does not represent or imply that it endorses such Website or web page. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. I disclaim any responsibility for any harm resulting from your use of non-SarahTamsin.com Websites and WebPages.
I reserve the right, at my sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. I may also, in the future, offer new services and/or features through the Website (including, the release of new tools, services and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
I may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your SarahTamsin.com account (if you have one), you may simply discontinue using the Website. I can terminate the Website immediately as part of a general shut down of our service or other lawful reason. Upon termination, all provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Disclaimer of Warranties
The materials on this Website are provided ‘as is’. SarahTamsin.com makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, I do not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet Website or otherwise relating to such materials or on any sites linked to this site.
Limitation of Liability
In no event will I, or my suppliers or licencors, or any individuals associated with those entities, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement or substitute products or services; (iii) for interruption of use or loss or corruption of data. I shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
General Representation and Warranty
You agree to indemnify and hold harmless SarahTamsin.com, its contractors, and its licencors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys fees, arising out of your use of the Website, including but not limited to out of your violation of this Agreement.
Applicable Law and Jurisdiction
Each party agrees that any suit, action or proceeding brought by such party against the other in connection with or arising from the Terms of Service (“Judicial Action”) shall be governed by the law of the country of residence of the registered Administrative Contact (the “Admin Country”) for the Website as such laws are applied to agreements between Admin Country residents entered into and performed entirely within the Admin Country. You consent to the jurisdiction of courts within the Admin Country. You consent to the venue in any action brought against him in connection with breaches of these Terms of Service. You consent to electronic service of process regarding actions under the above agreement.
You may contact admin[at]SarahTamsin[dot]com with any questions about these terms.