TERMS AND CONDITIONS OF LAURA BENJAMIN LTD
These are the terms and conditions of Laura Benjamin Ltd (“we” or “us”).
These terms and conditions apply to you when we provide you with certain services, as detailed in our proposal to you. If you do not agree to these terms and conditions, please do not proceed to engage us to provide services to you.
Our proposal, together with our terms and conditions, form a legal contract between you and us when you countersign our proposal (the “Agreement”). In the event of a conflict between these terms and conditions and our proposal, the proposal shall prevail.
These terms and conditions were last updated in May 2021. We may update them from time to time, so please check back regularly.
The services we provide to you are detailed in the proposal we send to you (the “Services”). We will provide you with the Services using all reasonable skill and care, in accordance with industry standards.
We provide the Services to you based on the performance dates stipulated in the proposal. Time is not of the essence.
The Information We Need
We will ask you for certain information to be provided in our information collection form. This is required to be able to provide the Services to you. You understand that failure to provide, or delay in providing, this information can result in significant delays in providing the Services to you, and we will not be responsible for these delays.
In particular, where we are engaged to build your website, we estimate that it will take six weeks to deliver a first draft to you. This is dependent on you providing us with the information we request from you in our initial information collection form.
Where you provide us with information to include within your website, social media or email marketing (as appropriate), you are responsible for ensuring such information is accurate, complete, and that you have permission to use it. We are not responsible for checking any information you provide, and you indemnify us against any claim from a third party that we might receive because any information is not accurate, complete or used with the required permissions.
You are responsible for providing us with access to your domain names, social media logins and any other logins that we may require to provide the Services to you. We will use our best endeavours to ensure this information remains confidential.
Where you have regulatory responsibilities due to the nature of your business or industry, you must inform us of these and the actions we are required to take as a result of this.
Where we provide you with email marketing services, you are responsible for ensuring that we are legally permitted to contact the individuals on your email marketing list. You are responsible for ensuring compliance with the UK Data Protection Act 2018.
You are responsible for ensuring that the legal documents and disclaimer on your website are legally binding, valid and appropriate for your website. We may make certain documents available to you, but this is for guidance only. We are not legally qualified, and do no warrant that these documents are appropriate for your business.
Paying for the Services
Details of payment for the Services, and payment dates, are detailed in the proposal. The following payment terms apply:
Where payment is required upfront, we will not commence the Services until full payment has been made
Where we have agreed to split payments over a period of time, we will not commence the Services until the first payment has been made. Subsequent payments must be paid on receipt of our invoice
Where you don’t make payment on time, we may suspend the Services, and/or charge you interest at a rate of 5% per annum, above the Bank of England base rate, from time to time, accruing daily.
The information you provide us with to allow us to provide the Services to you (including your branding, logos, documentation, materials and anything else) remains your intellectual property, and does not become our property.
The deliverables from our Services (be it your website, emails, social media content etc.) does not become your property until you have paid us in full. Where you have engaged us on an ongoing basis (for example, monthly), you own the deliverables once you have paid for the relevant month in which the deliverables were provided to you.
Where we are building a website for you, you become the sole owner of the website once full payment has been made, as detailed in the proposal. Once the website is complete and payment has been received, we will transfer ownership of the website to you. You must accept ownership of the website at the end of the project, once you receive an email from us. You will also be required to change your payment details for ongoing website subscriptions at this time.
If you don’t accept the ownership transfer within 30 days, you understand that your website may be taken down, which cause you detrimental impact, including negatively affecting search engine optimisation rankings. We are not responsible for making ongoing payments on your behalf to keep your website live.
Once website ownership has been transferred to you, we will stay on as website manager, to allow us to assist with ongoing issues if required. For the avoidance of doubt, this may incur a charge; if so, we will inform you of such charges prior to them being incurred.
Term and Termination
This Agreement shall commence on the date of you signing the proposal, and will automatically expire where the project has been delivered in accordance with the timescales detailed in the proposal (and once you have made full payment).
Where we have been engaged to provide ongoing Services to you, either you or us may terminate this Agreement by providing 30 days’ written notice to the other party.
Our liability under these terms and conditions is limited to the total price you have paid for the Services from the date of signing the proposal until the date a claim is made.
We are not liable for indirect, special or consequential loss, including loss of profit, loss of opportunity or loss of goodwill.
Nothing in these terms and conditions excludes or limits our liability for death or personal injury caused by negligence, or for fraudulent misrepresentation.
Where an event outside our control occurs, this is known as a “Force Majeure Event”. This includes, but is not limited to, storm, fire, earthquake, an Act of God, a natural disaster, a failure of electricity or power supplies, epidemic, pandemic, government rules, regulations or guidance, or a failure of a third party supplier to do as they are contracted to do. Where a Force Majeure Event occurs, we are excused from performance under these terms and conditions, and are not liable for failure to perform. We will do our best to continue providing Services as soon as we can after the Force Majeure Event has ceased.
No third parties have any rights under these terms and conditions, and the Contracts (Rights of Third Parties) Act 1999 is expressly excluded.
These terms and conditions are not capable of being assigned or transferred by you.
If either party wishes to send a notice to the other, it shall be sent to the email address last communicated to the other party. Time of delivery shall be the time of transmission. This shall not apply to the service of legal proceedings.
The Agreement shall be the entire agreement between you and us.
These terms and conditions, and any non-contractual obligations arising hereunder, are governed and construed in accordance with English law, and the English courts have exclusive jurisdiction to deal with any dispute arising hereunder.
If you have any questions about our Terms and Conditions, please submit them via email to firstname.lastname@example.org