Let’s keep things simple.
We believe it’s incredibly important to be open and transparent in how we work with our clients and who is responsible for what. That’s why we make our terms of business available for you to read.
Terms of service
Terms & Conditions
Last updated: 10th April 2023
By accepting our quote or proposal for work, you’re also accepting the Terms and Conditions outlined on this page.
We will charge you for work as laid out in our quote or proposal to you, at the amounts stated. If there is any additional work and therefore costs accrued during the project we will quote you for it, and only begin the work when you have accepted that quote. Our prices are valid for 30 days, so please check that the quote is still valid and in date before accepting it.
We ask for staged payments on all work over £2,000, which are individually tailored and laid out in your quote. For all work under £2,000, we ask for a mobilisation fee of 40% of the total quote. All intellectual property for the work becomes yours upon final payment being received. All invoices must be paid within 30 days of the date of the invoice.
Accounts that remain unpaid after 30 days will be assessed and could be subject to a service charge in the amount of the higher of two and one-half percent (2.5%) or £50 per month of the total amount due.
Accounts that remain unpaid after 60 days will be liable for a late payment fee of £170 + three percent (3%) of the invoice amount.
- Client review
You will review and sign-off the project at three key points:
1) Post-planning (if applicable)
3) Development of the site itself (where web development is part of the project)
If there are any discrepancies between the signed-off design / development and the final article, we will fix them at no cost. Any changes to specification after each sign-off stage may be subject to extra charges. Any changes requested after 14 days of the completion of development (where web development is part of the project) are chargeable at an agreed cost.
4) Print – digital print proofs will be sent prior to projects being printed. Amends after approval of the digital print proofs are chargeable at an agreed cost.
- Turnaround time
We will work to an agreed schedule. If either party is unable to maintain the schedule, we will amend it within reason. If there is a substantial delay from the Client, we will ask to invoice the work to date for the project.
- Project/account management
We will appoint an account manager who is your first point of contact with We Are Herd Limited. The Client will delegate a single individual as a primary contact with the authority and time to keep the project moving in a satisfactory and expedient manner.
- Additional expenses
The Client agrees to reimburse We Are Herd Limited for any additional expenses necessary for the completion of the work. Examples would be purchase of special fonts, stock photography, stock videos etc. We will inform you before making any purchases.
- Web browsers
Where web development is part of the project, we will make every effort 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. Firefox, Internet Explorer, Google Chrome, etc.). Client agrees that We Are Herd Limited cannot guarantee perfect functionality with all browser software across different operating systems. We cannot accept responsibility for web pages which do not display acceptably in new versions of browsers released after the website has been designed and handed over to the Client. As such, we would quote for any work involved in changing the website design or website code for it to work with updated browser software.
Accounts unpaid 30 days after the date of invoice will be considered in default. If the Client in default maintains any information or files on We Are Herd Limited’s web space, we will, at our discretion, remove all such material from our web space. We Are Herd Limited 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 We Are Herd Limited reasonable expenses, including legal fees and costs for collection by third-party agencies, incurred by We Are Herd Limited 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. E-mail or telephone requests for termination of services will not be honoured until confirmed in writing. The Client will be invoiced for design work completed to the date of first notice of cancellation for payment in full within 30 days.
We Are Herd Limited services may be used for lawful purposes only. You agree to indemnify and hold We Are Herd Limited harmless from any claims resulting from your use of our service that damages you or any other party.
- Design credit
A link to We Are Herd Limited will appear in small type at the bottom of the Client’s website, where web development is part of the project. The Client also agrees that the website developed for the Client may be presented in We Are Herd Limited’s portfolio.
- Post-placement alterations
We Are Herd Limited cannot accept responsibility for any alterations caused by a third party occurring to the Client’s pages once installed, where web development is part of the project. Such alterations include, but are not limited to additions, modifications or deletions.
- Domain names
We Are Herd Limited may purchase domain names on behalf of the Client. Payment and renewal of those domain names is then the responsibility of We Are Herd Limited, unless the client chooses to do it themselves. We Are Herd Limited will pass on the costs of the renewal, plus a small administration fee when domain names need renewing.
We Are Herd Limited may host your website, using a 3rd party host. In this event, We Are Herd Limited is not responsible for any issues caused by that hosting company, but will use our best endeavours to assist with any issues arising.
These Terms and Conditions supersede all previous representations, understandings or agreements. The Client’s acceptance of a quote or proposal of work or payment of a mobilisation fee constitutes agreement to and acceptance of these Terms and Conditions.
- Governing law
This Agreement shall be governed by English Law.
We Are Herd Limited hereby excludes itself, its Employees and or Agents from all and any liability from:
- 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 web site;
- Loss or damage to clients’ artwork/photos, supplied for the site. Immaterial whether the loss or damage results from negligence or otherwise.
The entire liability of We Are Herd Limited to the Client in respect of any claim whatsoever or breach of this Agreement, whether or not 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.
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 provision.
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