Terms & Conditions
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General Terms & Conditions
The following Terms and Conditions of Service apply to all products and services provided by Lime Chilli Design (hereinafter referred to as Lime Chilli Design). All work is carried out by Lime Chilli Design on the understanding that the client has agreed to Lime Chilli Design’s terms and conditions. Copyright is retained by Lime Chilli Design on all design work including words, pictures, ideas, visuals and illustrations unless specifically released in writing and only after all costs have been settled. If a choice of design is presented, only one solution is deemed to be given by Lime Chilli Design as fulfilling the contract. All other designs remain the property of Lime Chilli Design, unless agreed in writing that this arrangement has been changed.
Project Acceptance At the time of proposal, Lime Chilli Design will provide the customer with a written estimate or quotation. The Terms and Conditions can be read on the Lime Chilli Design website. A copy of the written estimate or quotation is to be signed and dated by the customer to indicate acceptance and should be returned to Lime Chilli Design. Alternatively, the client may send an official order in reply to the estimate or quotation which binds the client to accept Lime Chilli Design’s terms and conditions, or an email acknowledging acceptance of the quotation. No work on a project will commence until acceptance of the quotation has been received by Lime Chilli Design.
Design Charges Charges for design services to be provided by Lime Chilli Design will be set out in the written estimate or quotation that is provided to the customer. At the time of the customer’s signed acceptance of this estimate or quotation, indicating acceptance of the Terms & Conditions, a minimum non-refundable deposit of 50% of the quoted fee will become immediately due (this percentage may vary depending on the type of work being undertaken). Work on the project will not commence until Lime Chilli Design has received this amount. The remaining balance of the project quotation total (plus any additional costs incurred) will be due upon completion of the work prior to upload to the server or release of materials.
Booked time If a client books a period of our time / date to complete a project, the time needed will be booked for that client (for that day, week, m onth etc). If the client fails to use the allocated time for any reason, including but not limited to: by not sending content or delaying the project timeframes for example A) the project deadline is no longer valid and B) if the period extends beyond 28 days from that agreed, that time is fully charegable – as a result, any project balance would become due paid by the client immediately or deposits/payments retained and are non-refundable.
Source Files The client is paying for the final product, not the tools to create that product. Charges for design work do not cover the release of source design files including indd, psd, png, fla, ai, eps or any other source files; if the Client requires these files, they will be subject to a separate quotation or buy-out charge. The exception to this is logo files, which will always be supplied as eps with fonts outlined.
Charges for Other Services Charges for any additional services over and above the estimated design, will become fully payable (100% of the quoted amount) at the time of estimate or quotation acceptance. Lime Chilli Design accepts no responsibility for any 3rd party services quality, such as printing.
Printing Lime Chilli Design will source printing on behalf of our clients. However Lime Chilli Design accepts no responsibility for any 3rd party services quality. Lime Chilli Design will charge a handling fee for sourcing print quotations, liaising with client, uploading print ready files and liaising with printers for delivery. Should any issues arise, Lime Chilli Design will mediate on the client’s behalf to source a replacement but any issues arising with printing does not mean payment for any invoices can be withheld, for any reason.
Payment The customer will be sent an electronic proof of any work prior to completion. At this time, once the client approves the final version, the remainder of the amount due will become payable and the customer will also be required to reply confirming acceptance of the files suitability to the project. Accounts which remain outstanding for 30 days after the date of invoice, will incur an extra charge of 8% per month of the outstanding amount plus any penalties or administration fees as deemed appropriate by Lime Chilli Design. Payments may be made by online transfer BACS, cheque or via PayPal (where you can choose to pay by credit / debit card) – any associated fees for any payment types or currency conversion charges must be covered by the client. Publication and/or release of work done by Lime Chilli Design on behalf of the client, may not take place before cleared funds have been received. Returned cheques will incur an additional fee of £50 per returned cheque. Lime Chilli Design reserves the right to consider an account to be in default in the event of a returned cheque.
Payment for websites projects Standard terms for website projects are 50% deposit prior to beginning work, 25% due at 3/4 stage and 25% prior to final file transfer. These are applicable in all cases unless a site is being built on the clients own server, in which case 100% is due in advance or if the client changes the dates of the project (in this instance, payment will fall due at the time of the expected project completion).
Default An account shall be considered default if it remains unpaid for 30 days from the date of invoice, or following a returned cheque. Lime Chilli Design shall be considered entitled to remove Lime Chilli Design and/or the customer’s material from any and all computer systems, until the amount due has been fully paid. This includes any and all unpaid monies due for services, including, but not limited to, hosting, domain registration, search engine submission, design and maintenance, sub-contractors, printers, photographers and libraries. Removal of such materials does not relieve the customer of its obligation to pay the due amount. Customers whose accounts become default agree to pay Lime Chilli Design reasonable legal expenses and third party collection agency fees in the enforcement of these Terms and Conditions.
Copyrights and Trademarks By supplying text, images and other data to Lime Chilli Design for inclusion in the customer’s website or other medium, the customer declares that it holds the appropriate copyright and/or trademark permissions. The ownership of such materials will remain with the customer, or rightful copyright or trademark owner. Any artwork, images, or text supplied and/or designed by Lime Chilli Design on behalf of the customer, will remain the property of Lime Chilli Design and/or its suppliers. The customer may request in writing from Lime Chilli Design, the necessary permission to use materials (for which Lime Chilli Design holds the copyright) in forms other than for which it was originally supplied, and Lime Chilli Design may, at its discretion, grant this. Such permission must be obtained in writing before it will allow any of the aforesaid artwork, images, text, or other data to be used. By supplying images, text, or any other data to Lime Chilli Design, the customer grants Lime Chilli Design permission to use this material freely in the pursuit of the design. Should Lime Chilli Design, or the customer supply an image, text, audio clip or any other file for use in a website, multimedia presentation, print item, exhibition, advertisement or any other medium believing it to be copyright and royalty free, which subsequently emerges to have such copyright or royalty usage limitations, the customer will agree to allow Lime Chilli Design to remove and/or replace the file on the site. The customer agrees to fully indemnify and hold Lime Chilli Design free from harm in any and all claims resulting from the customer in not having obtained all the required copyright, and/or any other necessary permissions.
Alterations The customer agrees that changes required over and above the estimated work or required to be carried out after acceptance of the draft design will be liable to a separate charge. The standard number of revisions per project is two (2). It is the clients responsibility to provide a clear brief before any project commences. The customer also agrees that Lime Chilli Design holds no responsibility for any amendments made by any third party, before or after a design is published.
Licensing Any design, copy writing, drawing, idea or code created for the customer by Lime Chilli Design, or any of its contractors, is licensed for use by the client on a one-time only basis and may not be modified, re-used, or re-distributed in any way or form without the express written consent of Lime Chilli Design and any of its relevant sub-contractors. All design work – where there is a risk that another party make a claim, should be registered by the client with the appropriate authorities prior to publishing or first use or searches and legal advice sought as to its use. Lime Chilli Design will not be held responsible for any and all damages resulting from such claims. Lime Chilli Design is not responsible for any loss, or consequential loss, non-delivery of products or services, of whatever cause. The customer agrees not to hold Lime Chilli Design responsible for any such loss or damage. Any claim against Lime Chilli Design shall be limited to the relevant fee(s) paid by the customer.
Data Formats The client agrees to Lime Chilli Design’s definition of acceptable means of supplying data to the company. Text is to be supplied to Lime Chilli Design in electronic format as standard text (.txt), MS Word (.doc) on CD-ROM, or via e-mail / FTP. Pdf, for example, is not an acceptable format for receiving text. Images which are supplied in an electronic format are to be provided in a format as prescribed by Lime Chilli Design via CD-ROM, or e-mail / FTP. Images must be of a quality suitable for use without any subsequent image processing, and Lime Chilli Design will not be held responsible for any image quality which the client later deems to be unacceptable. Lime Chilli Design cannot be held responsible for the quality of any images which the client wishes to be scanned from printed materials. Additional expenses may be incurred for any necessary action, including, but not limited to, photography and art direction, photography searches, media conversion, digital image processing, or data entry services, colour correction and alteration of images
Design Project Duration Any indication given by Lime Chilli Design of a design project’s duration is to be considered by the customer to be an estimation. Lime Chilli Design cannot be held responsible for any project over-runs, whatever the cause. Estimated project duration should be deemed to be from the date that cleared funds are received by Lime Chilli Design for the initial payment or by date confirmed in writing by Lime Chilli Design or when all final content for the project is received.
Rights of Access for Website Construction The client agrees to allow Lime Chilli Design all necessary access to computer systems and other locations, as required, in order to complete a website project and until all due funds are cleared, including the necessary read/write permissions, usernames and passwords. The customer also agrees to allow Lime Chilli Design access to any computer systems, usernames and passwords required to remove data and/or sites for failure to comply with these Terms and Conditions. The customer agrees to supply Lime Chilli Design with all necessary materials, electronic, or otherwise, required to create and complete the project, and to supply them in a timely manner.
Design Project Completion Lime Chilli Design considers the design project complete upon receipt of the customers approval, either verbally or in writing (electronic or written). Other services such as printing, display panel production, filmwork, website uploading, publishing etc either contracted on the clients behalf constitute a separate project and can be treated as a separate charge.
Website design only Lime Chilli Design require that a template is approved by the customer before coding of a site commences. Once the template(s) for the web site are approved by the customer, coding will commence; any changes to navigation items, colours, structure or content that require changes to the template will incur an additional charge. Once web design is complete, Lime Chilli Design will provide the customer with the opportunity to review the resulting work. Lime Chilli Design will make one set of minor changes at no extra cost within 14 days of the start of the review period. Minor changes include small textual changes and small adjustments to placement of items on the page. It does not include changes to images, colour schemes or any navigation features. Any minor changes can be notified to Lime Chilli Design by e-mail or fax and confirmed by post. Lime Chilli Design will consider that the client has accepted the original draft, if no notification of changes is received in writing from the customer, within 14 days of the start of the review period.
Hosting websites Lime Chilli Design offers a limited in-house (self managed by the client) hosting services through an out-sourced virtual server. Lime Chilli Design does not guarantee continuous service and will accept no liability for loss of service, whatever the cause. Lime Chilli Design may request that clients change the type of hosting account used if that account is deemed by Lime Chilli Design to be unacceptable because of poor service, lack of bandwidth or in any other way insufficient to support the website. Fees for hosting on Lime Chilli Design’s virtual server are due at the commencement of any period of service and are non-refundable. Fees due to third party hosting organisations are the responsibility of the client and Lime Chilli Design are not liable for their payment, nor for the renewal of domain names, which are the sole responsibility of the customer / domain owner.
Domain Registration Lime Chilli Design cannot guarantee the availability of any domain name. Where Lime Chilli Design is to register a domain name on behalf of a client it will endeavor to do so but the client should not assume a successful registration.
Search Engine Submission Due to the infinite number of considerations that search engines use when determining a site’s ranking, Lime Chilli Design cannot guarantee any particular placement. Acceptance by any search engine cannot be guaranteed and when a site is accepted, the time it takes to appear in search results varies from one search engine to another. Rankings will also vary as new sites are added. Lime Chilli Design recommend that customers use a professional SEO company and are happy to provide details of such companies, but accept no responsibility for their services.
Design Credits The customer agrees to allow Lime Chilli Design to place a small credit on printed material exhibition displays, advertisements and/or a link to Lime Chilli Design own website on the customer’s website. This will usually be in the form of a small logo or line of text placed towards the bottom of the page. The customer also agrees to allow Lime Chilli Design to place any graphic or web design work, along with a link to the client’s site (if Lime Chilli Design chooses to) on Lime Chilli Design’S own website or other 3rd party sites, for demonstration purposes and to use any designs in its own publicity and portfolios, during and after working for the customer.
Confidentiality and Mutual Non-Disclosure All correspondence and documents as well as verbal communications will be treated as confidential between the client and the designer, unless consent has been granted by both parties involved.
Rights of Refusal Lime Chilli Design will not include in its designs, any text, images or other data which it deems to be immoral, offensive, obscene or illegal. All advertising material must conform to all standards laid down by all relevant advertising standards authorities. Lime Chilli Design also reserves the right to refuse to include submitted material without giving reason. In the situation where any images and/or data that Lime Chilli Design does include in all good faith, and subsequently discovers is in contravention to such Terms and Conditions, the customer is obliged to allow Lime Chilli Design to remove the contravention without hindrance, or penalty. Lime Chilli Design is to be held in no way responsible for any such data being included.
Cancellation Cancellation of orders may be made initially by telephone contact, or e-mail, however, following this, Lime Chilli Design will need formal notification in writing to the company’s postal address. The client will then be invoiced for all work completed over and above the non-refundable deposit that will have been made at the time of first ordering. The balance of monies due must be paid within 30 days. Please note: any cancellation which is not formally confirmed in writing and received by Lime Chilli Design within 14 days of such instruction being issued, will be liable for the full quoted cost of the project.
Disclaimer Lime Chilli Design makes no warranties of any kind, express or implied, for any and all products and/or services that it supplies. Lime Chilli Design will not be held responsible for any and all damages resulting from products and/or services it supplies. Responsibility for final approval of any graphic design or website work lies with the customer. The customer is expected to proof read any print work produced by Lime Chilli Design before they proceed to print, or before they authorise Lime Chilli Design to proceed to print, or before being made generally available for us. No fault can be placed on Lime Chilli Design if the client fails to fully proof read any materials or pick up on any errors whatsoever. Lime Chilli Design is not responsible for any loss, or consequential loss of data, or non-delivery of products or services, of whatever cause. While we take reasonable steps to investigate the materials we recommend, we accept no responsibility for the performance or quality of materials or any consequential loss arising from their failure. The customer agrees not to hold Lime Chilli Design responsible for any such loss or damage. Any claim against Lime Chilli Design shall be limited to the relevant fee(s) paid by the customer. Lime Chilli Design reserves the right to use the services of sub-contractors, agents and suppliers and any work, content, services and usage is bound by their Terms and Conditions. Lime Chilli Design will not knowingly perform any actions to contravene these and the client also agrees to be so bound. Lime Chilli Design and its clients agree to comply with Printers Terms and Conditions which include disclaimers for non-completion on time and the flexibility to supply quantities within 10% of the total ordered. Lime Chilli Design recommend that if an exact quantity is required, then 10% extra is added to the quantity and extra time made available should the job be delayed.
General These Terms and Conditions supersede any previous Terms and Conditions distributed in any form. Lime Chilli Design reserves the right to change any rates and any of the Terms and Conditions at any time and without prior notice.
Acceptance of Terms and Conditions and Quotation The placement of an order for design and/or any other services offered by Lime Chilli Design, by email, verbally or in writing, is deemed to be acceptance of these terms and conditions, which are freely available at www.limechilli.co.uk/terms An estimate validated by the customer’s signature on the estimate or quotation form, reply to an electronic quotation or any other form of written or verbal acceptance, constitutes acceptance of the estimate or quotation and agreement to comply fully with all the Terms and Conditions and forms a Contract for Business between the signatory and Lime Chilli Design.
Disclaimer The information contained in this website is for general information purposes only. The information is provided by Lime Chilli Design and while we 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, products, services, or related graphics 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 or our services. Through this website you are able to link to other websites which are not under the control of Lime Chilli Design. We have no control over the nature, content and availability of those sites. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them. Every effort is made to keep the website up and running smoothly. However, Lime Chilli Design takes no responsibility for, and will not be liable for, the website being temporarily unavailable due to technical issues beyond our control
What we collect We may collect the following information:
- name and job title
- contact information including email address
- demographic information such as postcode, preferences and interests
- other information relevant to customer surveys and/or offers
What we do with the information we gather We require this information to understand your needs and provide you with a better service, and in particular for the following reasons:
- Internal record keeping.
- We may use the information to improve our products and services.
- We may periodically send promotional emailsabout new products, special offers or other information which we think you may find interesting using the email address which you have provided.
- From time to time, we may also use your information to contact you for market research purposes. We may contact you by email, phone, fax or mail. We may use the information to customise the website according to your interests.
Security We are committed to ensuring that your information is secure. In order to prevent unauthorised access or disclosure,we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect online.
Links to other websites Our website may contain links to other websites of interest. However, once you have used these links to leave our site, you should note that we do not have any control over that other website. Therefore, we cannot be responsible for the protection and privacy of any information which you provide whilst visiting such sites and such sites are not governed by this privacy statement. You should exercise caution and look at the privacy statement applicable to the website in question.
Controlling your personal information You may choose to restrict the collection or use of your personal information in the following ways:
- whenever you are asked to fill in a form on the website, look for the box that you can click to indicate that you do not want the information to be used by anybody for direct marketing purposes
- if you have previously agreed to us using your personal information for direct marketing purposes, you may change your mind at any time by writing to or emailing us at firstname.lastname@example.org
We will not sell, distribute or lease your personal information to third parties unless we have your permission or are required by law to do so. We may use your personal information to send you promotional information about third parties which we think you may find interesting if you tell us that you wish this to happen. You may request details of personal information which we hold about you under the Data Protection Act 1998. A small fee will be payable. If you would like a copy of the information held on you please write to Lime Chilli Design, 9 Lawson Glade, Livingston, EH54 9JT. If you believe that any information we are holding on you is incorrect or incomplete, please write to or email us as soon as possible, at the above address. We will promptly correct any information found to be incorrect.
- The content of the pages of this website is for your general information and use only. It is subject to change without notice.
- Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
- Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
- This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
- All trademarks reproduced in this website, which are not the property of, or licensed to the operator, are acknowledged on the website.
- Unauthorised use of this website may give rise to a claim for damages and/or be a criminal offence.
- From time to time, this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).
- Your use of this website and any dispute arising out of such use of the website is subject to the laws of England, Northern Ireland, Scotland and Wales.