TERMS & CONDITIONS

 

DONE-FOR-YOU CONTENT

– Divi Child Themes

For personal use only. These can not be resold. You can only install and use on one single site. 

 

– Workshops/courses/lead magnets

You have permission to rebrand, edit, change anything within these bundles and use as a teaching aid, add on, up-sell within your business. You do not have permission to resell “as is”. You are not permitted to allow others to rebrand and resell.

 

– Graphics bundles

For personal use only. You can edit these bundles for your own use. You can not resell, give away any of these graphics bundles or individual content.

 

– Blogs & Article Bundles

For personal use only. You can rebrand, change, edit any of these but you are not permitted to resell, giveaway to anyone else.

 

– Branding Bundles

For personal use only. You can edit and change any of the graphics to suit your own needs. You can only install and use these on one single site. Not for resale or give way.

 

REFUNDS ON DELIVERABLES – [done-for-you content]

Please note, due to the digital nature of the above mentioned products, no refunds can be given.

Occasionally there may be some technical issues, such as download links not working, zip files not opening or corrupt files. In the event of such, please email me at hello@lisajane.biz as soon as possible and I will help to fix these issues in a timely manner.

 

 

BRANDING, GRAPHIC & WEB DESIGN

We’ll always do our best to fulfil your needs and meet your expectations. But it’s important to have things written down so both you and us know what’s what, who should do what and when, and what will happen if something goes wrong. 

In short, you are hiring us to design and develop a website/brand for your business for the estimated total price outlined in the quotation/invoice, and these terms explain how the project will proceed. 

 

1 – QUOTATION/INVOICE
 
The quotation/invoice that will be sent to you is part of these terms and is valid for seven (7) days from its issue date. 

The figures in the quote/invoice are minimum estimates for the project. This will be for the package you have chosen from the site and any add on you have requested on your questionnaire.

If you request extras during the project, these will be added to the invoice. The final amount payable will be indicated on our invoices issued in the course of this project, taking into account factors including rush fees, expenses paid on your behalf, and any changes to the project scope (all of these are explained below). If there’s no change to the project scope, it is unlikely that the final amount payable will differ greatly from our estimate.

The figures in the invoice are the final amount payable for the whole project.
 

2 – PROJECT SCHEDULE

We’ll do our best to meet the project deadlines outlined. Three (3) weeks for branding packages and eight (8) weeks for branding & web design.  That said, our ability to do this depends on you giving us everything we need to complete the project in the format that we need it, as and when we need it. You’ll review our work and provide feedback and approval in a timely manner too, but we recognise that creativity does not follow a schedule. But, please bear in mind, the faster we received information/feedback and approval from you, the faster the project will move forward.

If you have gone “none-responsive” to correspondance from us more than three (3) weeks, we will class the project as complete and all outstanding invoice will need to be paid.

If you are late providing us with the necessary content needed to progress your project in a timely manner, we will add “late content fees”. Please see below for more details.

3 – PAYMENT SCHEDULE AND INVOICES
 
You agree to stick to the payment schedule outlined in the quote/invoice, and to pay our invoices in accordance with the terms stated on the invoice, or, if no terms are stated, within seven (7) business days (i.e., non-weekends which are not public holidays) of receipt.   

Please note, I have 2 different payment option

– Pay in full

– Two (2) monthly payments of 50%/50%,

 
4. AMENDMENTS TO OUR WORK
 
We provide three (3) rounds of amendments to our work at no extra charge, as long as the changes requested do not substantially alter the original project scope, nature or purpose; and as long as you have not already given us your final approval for the piece of work concerned.

Any other kinds of amendments are considered a change in the project scope, which is explained in paragraph 8 below.
 

5 – CANCELLATION
 
You can cancel this contract at any time, by informing us in writing at least one (1) month in advance.  
Likewise, we can cancel this contract any time, by informing you in writing at least one (1) month in advance.

Cancellation does not affect any benefit or right that you or I become entitled to beforehand. So regardless of cancellation, you will pay us for any outstanding invoices and for work already done but not yet invoiced.
 
– Projects are classed as “started” as soon as payment has been received from yourself and/or your contract has been signed.

If you choose to cancel, please note that no refunds will be given on amounts already paid under any circumstances.
 

6 – FINAL DELIVERY

For graphic design projects, we will deliver to you the digital files containing the final project deliverables within seven (7) business days after you approve them, and/or after you’ve paid all our outstanding invoices. 

For website development projects, all files that are required for the website to function properly and finally go live will be uploaded to your site within seven (7) business days after you approve them, and/or after you’ve paid all our outstanding invoices.

Please note: Final delivery will not take place until all outstanding payments have been made.
 

7 – WHAT YOU CAN DO WITH THE DESIGNS AFTER PAYMENT OF THE FINAL PROJECT INVOICE
 
If we designed a trademark (in logo and/or tagline form) as part of your project, then, as far as the trademark is concerned:

–  Upon payment of all our outstanding invoices for the project, and in exchange for such payment, we assign to you all right, title and interest in the trademark.
       

– In exchange, you grant us a royalty-free and permanent licence to use representations of the designs and taglines in our portfolio (in all types of media), as a sample of our past works, in trade publications, educational material, to promote ourselves, and for competitions. Unless you have specifically asked for white label rights.

– White label rights means you pay us an additional fee [£299] not to to be featured within our own portfolio, promotions, social media accounts etc. We will not feature or use your project information ourselves.

– You’ll be entirely responsible for making sure our designs and taglines are free for you to use and register as a trademark, and that they don’t infringe anyone else’s rights – we cannot and do not accept any liability for these matters. We’ll sign any documents that are reasonably needed to confirm or evidence that you own the designs, provided you bear any legal and other fees that are incurred by either you or us in the process.

For all other deliverables created by us:

– Upon payment of all our outstanding invoices for the project, and in exchange for such payment, we grant you a royalty-free licence to use the deliverables for the uses stated in the quotation, without any changes or additions (except that you can make the designs smaller or larger for printing or display purposes).

– If you want to put the deliverables to additional uses, or make changes to them, additional fees will apply, and we might have to obtain additional licences from third-party vendors – contact us and we’ll be happy to work out some terms with you. Otherwise, we will have to look to you to cover us for any damage, legal fees and consequences if you put the deliverables to additional uses without our prior authorisation.

– We remain the owners of all rights in the deliverables in draft and final form, as well as of the works used to create them (except for materials that you provided, or that are owned by third parties), and are free to use them in future.

– For websites: once the project is complete and you have approved the whole site and once all your invoices are paid in full, we will hand over the rights and ownership to the website to yourself. Once handed over to you, you will have full rights and ownership of the site and content.
 

8 – CHANGES TO THE PROJECT SCOPE
 
We recognise that you may have new ideas which you may want to include later on, and we’ll be able to accommodate you.

Inform us of the changes or additions, and if they are not already provided for in the existing quotation given, we will provide a separate quotation to cover them if needed.

We understand that there may be urgent changes to the project scope that need to be carried out right away. You can request and approve an oral quote in order for us to start work on urgently needed changes, and we will follow up with an invoice later on.

 

9 – EXPENSES PAID ON YOUR BEHALF
 
You will reimburse us for costs that we incur in order to complete your project, including charges for extra digital material sources, such as photos, videos, music, overseas calls and faxes, shipping, government fees, taxes, levies, entertainment, transportation, visas, entrance fees, usage fees and license fees. 

We will include these charges in our invoices to you so you know exactly what was involved.
 

10 – THIRD-PARTY VENDORS
 
We create and design the majority of our deliverable and these are custom made by us. But sometimes we may need to purchase or license from third party vendors materials used in your project (including source code, work-up files, software programs, photographs, illustrations etc.). Where we license such material, the intellectual property rights in the licensed material remain the property of the third party vendors. 
 

11 – RUSH FEES

The quotation/invoice attached does not cover any work that has to be rushed ahead of the project schedule, or work outside the project scope that is to be executed on a rush basis.

Rush work means work that you request us to complete within four (4) weeks of your request. 

Our rush service fees are charged at a premium basis of 150% (one hundred and fifty per cent) of the amount stated in the attached quotation/invoice (or, if not previously quoted, of our standard charge) for the type of work requested.

Please note, if project delays occur due to your slow transfer of information, feedback, approval, you will still be changed the rush fee.
 

12 – DELAYS TO THE PROJECT SCHEDULE

We understand that sometimes it’s impossible to reply to emails and messages immediately, and so we don’t expect you (or us) to be able to do so. At the same time, we’ve found that keeping the momentum going produces the best results for both us and our clients. 

To encourage everyone involved to do this, a delay fee of five per cent (5%) of your quotation/invoice amount will kick in for every seven (7) consecutive days that either you or us goes unresponsive – not providing information, instructions, materials or anything else necessary for the project to proceed. 

The maximum amount that either you or us can claim under this clause is a sum that is equal to the quotation/invoice amount.

Please note, if you have been unresponsive for up to three (3) weeks, the project will be classed as complete and full payment for the whole project must be paid.

13 – AN EXPLANATION OF OUR WORK
 
Design


We create look-and-feel designs and flexible layouts that adapt to the capabilities of many devices and screen sizes.  We may use static visuals to indicate a look-and-feel direction (colour, texture and typography.) We call that ‘design atmosphere.’

You’ll have two or more weekly opportunities to review our work and provide feedback. I encourage you to keep the communication open and often during the initially design stage of the project to ensure we are working to your needs and wants.  If at any stage, you’re not happy with the direction our work is taking, you can pay us in full for everything we’ve produced until that point and cancel this contract.

Text Content
 
We’re not responsible for writing any text copy. If you’d like us to write new content or input text for you, we can provide a separate estimate for that.

Photographs
 
You should supply image files in an editable, vector digital format. You should supply photographs in a high-resolution digital format. If you choose to buy stock photographs, we can suggest stock libraries. If you’d like us to search for photographs for you, we can provide a separate estimate for that.

Browser Testing
 
Browser testing no longer means attempting to make a website look the same in browsers of different capabilities or on devices with different size screens. It does mean ensuring that a person’s experience of a design should be appropriate to the capabilities of a browser or device.

You’ll be responsible for making sure that your website hosting specifications can support the programming language used in this project for developing your website. Also, as much as we’d like to, we can’t guarantee that our work will function with all browsers across the market or with browsers and versions developed in the future.

 

14 – MATERIALS PROVIDED BY YOU

Where you provide us materials in the course of the project, you guarantee that you own them or have been given permission to use them. Ownership of these materials will remain with you (or the persons who licensed them to you) at all times. You grant us a royalty-free licence to use them for the project and to retain copies in our business records.

We will not be responsible for any damage or consequences if the materials you provided infringe someone else’s rights or are unlawful or illegal. You will indemnify us and pay for all damages, costs, fees, expenses and legal fees on an indemnity basis that we incur due to your materials being infringing, unlawful or illegal in any country.

 

15 – NON-PAYMENT

We’re sure you understand how important it is as a small business that we get paid promptly for our invoices. We rarely have any late payment issues with our clients, but we need to protect ourselves too.

We send out automatic payment due noticed and overdue notices to help you keep track of what payments are due when.

In the unlikely event that any of our invoices are not paid on time, we may charge a late fee, as stated on the invoice, or, if no terms are stated, amounting to five per cent (5%) of the amount owing for every seven (7) days (or part thereof) that it remains unpaid.

We also may choose to cancel the project immediately, suspend work till payment is received (including stopping ongoing work, removing unpaid material, and taking down the website), and/or take legal action to recover our fees and any lawyer’s charges for doing so.

 

15 – OUR RIGHTS BEFORE PAYMENT OF THE FINAL PROJECT INVOICE

All originally created deliverables, including trademark logos and taglines, in draft and final form, are wholly owned by us prior to full payment of the final project invoice by you. This means that if the project is cancelled before completion, we retain ownership of everything, and no rights are granted to you to use them.

16 – ERRORS AND OMISSIONS

We will use our best efforts to prevent errors and omissions from occurring in web page information. If such errors or omissions occur, please notify us, and we will correct them for free, and that will be the limit of our responsibility and liability.

17 – CONFIDENTIAL INFORMATION

“Confidential Information” means information that is marked as secret or confidential, or which, based on the circumstances in which it was disclosed, ought to be treated as confidential.

In the course of this project, we may receive from you (and you from us) Confidential Information. If either you or us receive from the other Confidential Information, the receiving party agrees to keep the Confidential Information secret, ensure that its agents and employees keep it secret, and not disclose it to any other person, organisation or entity (unless absolutely necessary).

However, the receiving party may use or disclose Confidential Information received from the other in order to comply with a court order, law or regulation, direction of a governmental or statutory authority. The receiving party may also use or disclose Confidential Information that entered the public domain due to no fault of that party, or that was disclosed to the receiving party by another source lawfully and without any obligation of confidentiality.

 

18 – LIMITS ON LIABILITY 
 
While our aim is to deliver top quality and client satisfaction, there are some things we are unable to accept responsibility for.

We provide the deliverables to you on an as-is basis, and we make no promise or guarantee that they will be fit for, or achieve, any particular purpose.

We cannot and do not promise or guarantee that services or products purchased or licensed from third party vendors will be free from interruption or failure or that they will remain available for use for any specific period.

We will not be liable to you for lost profits or other special or consequential damages of any kind, nor will we be liable to you for direct damages unless caused by our gross negligence or fraud. The maximum damages payable to you, in any event, will not exceed the amount of fees actually invoiced and paid to us in connection with the project in question.

Specifically, we will not be responsible or liable to you for damages or loss caused by:

    – your use of the designs and deliverables in ways that are not covered by the licences we grant to you;
    – anything done by us on your instructions, or using material you provided to us;
    – any breach of these terms and conditions by you;
    – any legal, governmental, contractual or other approvals that were required but which you did not obtain, and you will keep us indemnified for all damages, costs, fees, expenses and legal fees on an indemnity basis that we incur due to any of these specific actions and omissions. 

19 – FORCE MAJEURE

Neither you nor us shall be liable for failure to perform our part of the contract, if the failure is due to force majeure events (including fire, flood, earthquake, storm, hurricane, natural disaster, war, civil war, invasion, act of foreign enemies, hostilities, rebellion, terrorist activity, government sanction, change of law, strike, lockout, industrial action, embargo, sabotage, interruption or failure of electricity service, interruption or failure of transport networks or other public utilities, interruption or failure of Internet or other communication service). 

20 – NO TRANSFER OF THIS CONTRACT

You cannot transfer, assign or novate this contract, the licenses given under or in connection with it, or any other parts of this contract to anyone else without our advance permission in writing, which we may choose to give subject to additional conditions.

We cannot transfer, assign or novate this contract without your advance permission in writing, except to a company or business in which we or our ultimate owners have a majority ownership interest. 

 

21 – OTHER LEGAL STUFF 

We are an independent contractor and not your employee, and thus, any laws by which ownership of copyright in works created by an employee is automatically transferred to the employer do not apply The Copyright, Designs and Patents Act 1988, the work-for-hire principle under UK copyright law, or other laws anywhere in the world).

This contract and all matters arising from it are governed by The Copyright, Designs and Patents Act 1988 – UK Copyright law.

The courts of UK are the most appropriate and convenient courts to settle any dispute connected with this contract (including a dispute regarding the validity, existence or termination of the contract), and the courts of UK have exclusive jurisdiction to settle any dispute arising from or connected with this contract.

{{brand.name}} may amend these terms and conditions at any time without prior notice.

If for some reason part of this contract becomes unenforceable or invalid, the remaining parts will be unaffected.

A failure or delay by either party in exercising any right or benefit under this contract does not amount to a waiver of that right or benefit.

This contract will bind the parties’ respective legal personal representatives, successors and permitted assigns.

Except where expressly stated otherwise in this contract, a person who is not a party to this contract has no right under the Contracts (Rights of Third Parties) Act to enforce any term of this contract, but this does not affect any right or remedy of a third party which exists or is available apart from that Act. 


By making a purchase from Lisajane either via this website or her other online stores, you are agreeing to these terms and conditions.

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