Terms & Conditions
The information contained on https://www.influentialdesign.co.uk website (the “Service”) is for general information purposes only.
Influential Design Ltd. assumes no responsibility for errors or omissions in the contents on the Service.
In no event shall Influential Design Ltd. be liable for any special, direct, indirect, consequential, or incidental damages or any damages whatsoever, whether in an action of contract, negligence or other tort, arising out of or in connection with the use of the Service or the contents of the Service. Influential Design Ltd reserves the right to make additions, deletions, or modification to the contents on the Service at any time without prior notice.
Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using the www.influentialdesign.co.uk website (the “Service”) the (“us”, “we”, or “our”).
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.
Read these Terms and Conditions in conjunction with your Digital Terms and Conditions issued alongside your Contract which must be signed prior to any commencement of project/service. Your signed Contract and signed Terms and Conditions will be securely kept on file.
These Terms shall be governed and construed in accordance with the laws of England and Wales, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.
The Service and its original content, features and functionality are and will remain the exclusive property of Influential Design Ltd and its licensors. The Service is protected by copyright, trademark, and other laws of both the United Kingdom and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Influential Design Ltd.
Brand Names/ Business Names and Trademarking
Influential Design Ltd does not accept any responsibility for your trademarking and legalities arising from your business name, brand name or intellectual property. Your brand name and trademarking remains the responsibility of you the customer/the client. It is the client/customers responsibility to check trademarks, registered names and if you are infringing on any copy write laws (this covers text, logos, designs, illustrations, graphics, packaging, branding and business names). It is up to the customer to protect their trademark or registered trademark and any timescales associated to the trademark. Before releasing any brand you the customer must check out the legalities required in any territory that it is released in, this responsibility will be held with you/the customer.
Links To Other Web Sites
Our Service may contain links to third-party websites or services that are not owned or controlled by Influential Design Ltd.
Influential Design Ltd. has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites or services. You further acknowledge and agree that Influential Design Ltd shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such websites or services. We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.
You agree to defend, indemnify and hold harmless Influential Design Ltd. and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of a) your use and access of the Service, or b) a breach of these Terms.
Limitation Of Liability
In no event shall Influential Design Ltd., nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorised access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
Influential Design Ltd is not liable for; Loss or damage caused by any inaccuracy; Loss or damage caused by omission; Loss or damage caused by delay or error, whether the result of negligence or other cause in the production of the project or web site; Loss or damage to clients’ artwork/photos, supplied. Immaterial whether the loss or damage results from negligence or otherwise.
Without limiting the generality of the foregoing and notwithstanding any other provision of these terms, under no circumstances will Influential Design Ltd ever be liable to you or any other person for any indirect, incidental, consequential, special, punitive or exemplary loss or damage arising from, connected with, or relating to your use of the Service, these Terms, the subject matter of these Terms, the termination of these Terms or otherwise, including but not limited to personal injury, loss of data, business, markets, savings, income, profits, use, production, reputation or goodwill, anticipated or otherwise, or economic loss, under any theory of liability (whether in contract, tort, strict liability or any other theory or law or equity), regardless of any negligence or other fault or wrongdoing (including without limitation gross negligence and fundamental breach) by Influential Design Ltd or any person for whom Influential Design Ltd is responsible, and even if Influential Design Ltd has been advised of the possibility of such loss or damage being incurred.
(a) Any travel or incidental expenses incurred in undertaking projects or retained work, unless otherwise agreed by in writing, will be charged to the customer.
(b) may (at its discretion) increase any part of the costs or fees payable: –
(i) in respect of design work where the Customer’s requirements are not clear, necessitating the production of additional proofs
(ii) where any change in the Customer’s requirements necessitates additional work and/ or materials costs to Influential Design
(iii) where incurs additional costs as a result of any delay caused by any instructions of the Customer, failure of the Customer to give Influential Design adequate information or instruction or failure of the Customer to supply clear or legible copy.
(c) Unless otherwise agreed by , payment of 50% is requested on confirmation of order. Payment of Influential invoices shall be made with 30 days of date of invoice, or as per your written agreement with Influential Design Ltd.
(e) If the Customer fails to make payment on the due date, shall be entitled to charge the Customer under the Late Payment of Commercial Debt Act 1998 interest at 8% above the Bank of England base rate or £30 per month of the total amount due, whichever is greater. This sub-clause shall continue to apply notwithstanding that Influential Design Ltd obtains judgment against the customer.
(f) Retains ownership of Intellectual Property of commissioned work until all relevant outstanding monies are settled in full.
Cancellation Of Services
As Influential Design Ltd works direct with businesses only, the Consumer Rights Act therefore does not apply. Influential Design Ltd provides a bespoke service tailored to the customers brief and therefore all projects and work undertaken are deemed as bespoke. Following acceptance of a quotation or signing of Influential Design's digital Terms and Conditions a project is deemed as live and work will commence. If a live project needs to be cancelled the customer must put in writing that the project needs to stop or be cancelled, Influential Design Ltd will only charge for the time undertaken thus far at the current hourly rate and an invoice will be generated directly.
Unless otherwise agreed by, payment of 50% is requested on confirmation of any order/project upfront, the remainder of the payment will be made upon completion of the project.
Payment of Influential Design’s invoices shall be made with 30 days of date of invoice, or as per your individual written agreement with Influential Design Ltd.Invoices will be provided by Influential Design Ltd upon completion. Invoices are sent via email. Invoices are due upon receipt. If the Customer fails to make payment on the due date, Influential Design Ltd shall be entitled to charge the Customer under the Late Payment of Commercial Debt Act 1998 interest at 8% above the Bank of England base rate or £30 per month of the total amount due, whichever is greater. This sub-clause shall continue to apply notwithstanding that Influential Design Ltd obtains judgment against the customer. 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 Influential Design Ltd's Web space, we will, at its discretion, remove all such material from its web space or filing system. Influential Design Ltd is 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 Influential Design Ltd reasonable expenses, including all legal fees/ legal representation fee and any other costs for collection by third-party agencies, incurred by Influential Design Ltd in enforcing these Terms and Conditions.
If you the Customer has engaged with Influential Design Ltd on a retainer or contract agreement, the monthly invoiced amount of work carried out must be paid in full within 7 days of the invoice being issued. Also refer to the individual retainer agreement for any other conditions, this will also form part of these terms and conditions in tandem.
Delivery and Acceptance
(a) Delivery of Commissioned Work shall be made in the manner appropriate to the nature of the Commissioned Work (as determined by Influential Design Ltd) or as specifically agreed between and the Customer
(b) The Customer shall accept the Commissioned Work by written notification and projects will need to be undertaken after Digital Terms and Conditions are signed alongside signing of a Digital Contract. Commissioned work shall be deemed accepted if the customer has not notified in writing of bona fide reasons for withholding acceptance.
(c) Shall endeavour to fulfil all orders which may from time to time be placed with it by the Customer and shall endeavour to comply with delivery dates quoted but the time for delivery shall not be of the essence. shall not be liable for any directly or indirectly attribute to any delay beyond the stated delivery date.
(d) Risk. The risk in Commissioned Work shall pass to the Customer on delivery and the Customer should therefore be insured accordingly.
(e) Renewals. Domain names, web hosting and other annual charges will be automatically renewed yearly unless Influential Design Ltd is notified in writing or via email at least 30 days prior to the invoiced renewal date.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you must stop using the service.
Who Influential Design Ltd Works With
Influential Design only works direct with businesses and not with consumers/public. If you want to use any of Influential Design's services you must be a business and the information you provide us such as addresses and information will be deemed that you are a business and you/customer are responsible for all payments whether it is in your personal name/address or in your business name/address.