General terms and conditions of use
1.1 These terms and conditions shall govern your use of our website.
1.2 By using the Perfect Planners website (referred to in these terms and conditions as “the website”), you accept these terms and conditions in full; accordingly, if you disagree with these terms and conditions or any part of these terms and conditions, you must not use the website.
1.3 If you register with the website, submit any material to the website or use any of the website services, I will ask you to expressly agree to these terms and conditions.
1.4 You must be at least 18 years of age to use the website; and by using the website or agreeing to these terms and conditions, you warrant and represent to us that you are at least 18 years of age.
2.1 This document was created using a template from SEQ Legal (http://www.seqlegal.com).
3.1 Copyright (c)2014-2015 Siân Harris.
3.2 Subject to the express provisions of these terms and conditions:
(a) I, together with my licensors, own and control all the copyright and other intellectual property rights in the website and the material on the website; and
(b) all the copyright and other intellectual property rights in the website and the material on the website are reserved.
3.3 If you learn of any unlawful material or activity on the website, or any material or activity that breaches this notice, please let me know by emailing email@example.com.
3.4 I take the protection of my copyright very seriously. If I discover that you have used my copyright materials in contravention of the licence set out in this notice, I may bring legal proceedings against you, seeking monetary damages and/or an injunction to stop you using those materials. You could also be ordered to pay legal costs.
3.5 You may request permission to use the copyright materials on the website by writing to me by email or post, using the contact details published on the website.
4. Licence to use website
4.1 You may:
(a) view pages from the website in a web browser;
(b) download pages from the website for caching in a web browser;
(c) print pages from the website;
(d) stream audio and video files from the website; and
(e) use the membership services (eg refill subscriptions) by means of a web browser, subject to the other provisions of these terms and conditions.
4.2 Except as expressly permitted by Section 4.1 or the other provisions of these terms and conditions, you must not download any material from the website or save any such material to your computer.
4.3 You may only use the website for your own personal and business purposes, and you must not use the website for any other purposes.
4.4 Except as expressly permitted by these terms and conditions, you must not edit or otherwise modify any material on the website.
4.5 Unless you own or control the relevant rights in the material, you must not:
(a) republish material from the website (including republication on another website) without clear attribution and a visible link back to the page on which the material is found;
(b) sell, rent or sub-license material from the website;
(c) show any material from the website in public without clear attribution and a visible link back to the page on which the material is found;
(d) exploit material from the website for a commercial purpose; or
(e) redistribute material from the website without clear attribution and a visible link back to the page on which the material is found.
4.6 I reserve the right to restrict access to areas of the website, or indeed the whole website, at my discretion; you must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on the website.
5. Acceptable use
5.1 You must not:
(a) use the website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability or accessibility of the website;
(b) use the website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
(c) use the website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;
(d) conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to the website without our express written consent;
(e) access or otherwise interact with our website using any robot, spider or other automated means;
(f) violate the directives set out in the robots.txt file for our website; or
(g) use data collected from our website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing).
5.2 You must not use data collected from the website to contact individuals, companies or other persons or entities, unless you are following a link they themselves have provided (eg, a link in the blog comments).
5.3 You must ensure that all the information you supply through the website, or in relation to the website, is true, accurate, current, complete and non-misleading.
6. Registration and accounts
6.1 To be eligible for an individual account on the website under this Section 6, you must be at least 18 years of age and resident in the United Kingdom.
6.2 You may register for an account with the website by completing and submitting the account registration form on the website, and clicking on the verification link in the email that the website will send to you.
6.3 You must notify me in writing immediately if you become aware of any unauthorised use of your account.
6.4 You must not use any other person’s account to access the website unless you have that person’s express permission to do so.
7. User IDs and passwords
7.1 If you register for an account with the website, you will be asked to choose a user ID and password.
7.2 Your user ID must not be liable to mislead and must comply with the content rules set out in Section 10; you must not use your account or user ID for or in connection with the impersonation of any person.
7.3 You must keep your password confidential.
7.4 You must notify me in writing immediately if you become aware of any disclosure of your password.
7.5 You are responsible for any activity on the website arising out of any failure to keep your password confidential, and may be held liable for any losses arising out of such a failure (for example, if you have given someone else permission to use your account).
8. Cancellation and suspension of account
8.1 I may:
(a) suspend your account;
(b) cancel your account; and/or
(c) edit your account details,
at any time in my sole discretion without notice or explanation.
8.2 You may cancel your account on the website using your account control panel on the website.
9. Your content: licence
9.1 In these terms and conditions, “your content” means all works and materials (including without limitation text, graphics, images, audio material, video material, audio-visual material, scripts, software and files) that you submit to me or the website for storage or publication on, processing by, or transmission via, the website.
9.2 You grant to me a worldwide, irrevocable, non-exclusive, royalty-free licence to use, reproduce, store, adapt, publish, translate and distribute your content in any existing or future media.
9.3 You grant to me the right to sub-license the rights licensed under Section 9.2.
9.4 You grant to me the right to bring an action for infringement of the rights licensed under Section 9.2.
9.5 You may edit your content to the extent permitted using the editing functionality made available on the website.
9.6 Without prejudice to my other rights under these terms and conditions, if you breach any provision of these terms and conditions in any way, or if I reasonably suspect that you have breached these terms and conditions in any way, I may delete, unpublish or edit any or all of your content.
10. Your content: rules
10.1 You warrant and represent that your content will comply with these terms and conditions.
10.2 Your content must not be illegal or unlawful, must not infringe any person’s legal rights, and must not be capable of giving rise to legal action against any person (in each case in any jurisdiction and under any applicable law).
10.3 Your content, and the use of your content by me in accordance with these terms and conditions, must not:
(a) be libellous or maliciously false;
(b) be obscene or indecent;
(c) infringe any copyright, moral right, database right, trade mark right, design right, right in passing off, or other intellectual property right;
(d) infringe any right of confidence, right of privacy or right under data protection legislation;
(e) constitute negligent advice or contain any negligent statement;
(f) constitute an incitement to commit a crime, instructions for the commission of a crime or the promotion of criminal activity;
(g) be in contempt of any court, or in breach of any court order;
(h) be in breach of racial or religious hatred or discrimination legislation;
(i) be blasphemous;
(j) be in breach of official secrets legislation;
(k) be in breach of any contractual obligation owed to any person;
(l) depict violence;
(m) be pornographic or sexually explicit;
(n) be untrue, false, inaccurate or misleading;
(o) consist of or contain any instructions, advice or other information which may be acted upon and could, if acted upon, cause illness, injury or death, or any other loss or damage;
(p) constitute spam;
(q) be offensive, deceptive, fraudulent, threatening, abusive, harassing, anti-social, menacing, hateful, discriminatory or inflammatory; or
(r) cause annoyance, inconvenience or needless anxiety to any person.
11. Links from the website
11.1 The website includes hyperlinks to other websites owned and operated by third parties; such hyperlinks are not recommendations.
11.2 I have no control over the contents of third party websites, and I accept no responsibility for them or for any loss or damage that may arise from your use of them.
12. No advice
12.1 My website contains general medical (physical, mental and psychological) information.
12.2 The medical information is not advice and should not be treated as such.
13. Medical assistance
13.1 You must not rely on the information on the website as an alternative to medical advice from your doctor or other professional healthcare provider.
13.2 If you have any specific questions about any medical matter, you should consult your doctor or other professional healthcare provider.
13.3 If you think you may be suffering from any medical condition, you should seek immediate medical attention.
13.4 You should never delay seeking medical advice, disregard medical advice or discontinue medical treatment because of information on our website.
14. No warranties
14.1 The information on the website is provided without any representations or warranties, express or implied.
14.1 Without limiting the scope of Section 14.1 I do not warrant or represent:
(a) the completeness or accuracy of the information published on the website;
(b) that the material on the website is up to date; or
(c) that the website or any service on the website will remain available.
14.2 I reserve the right to discontinue or alter any or all of the website services, and to stop publishing the website, at any time in my sole discretion without notice or explanation; and save to the extent expressly provided otherwise in these terms and conditions, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any website services, or if I stop publishing the website.
14.3 To the maximum extent permitted by applicable law and subject to Section 12.1, I exclude all representations and warranties relating to the subject matter of these terms and conditions, the website and the use of the website.
15. Limitations and exclusions of liability
15.1 Nothing in these terms and conditions will:
(a) limit or exclude any liability for death or personal injury resulting from negligence;
(b) limit or exclude any liability for fraud or fraudulent misrepresentation;
(c) limit any liabilities in any way that is not permitted under applicable law; or
(d) exclude any liabilities that may not be excluded under applicable law.
15.2 The limitations and exclusions of liability set out in this Section 15 and elsewhere in these terms and conditions:
(a) are subject to Section 15.1; and
(b) govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.
15.3 To the extent that the website and the information and services on the website are provided free of charge, I will not be liable for any loss or damage of any nature.
15.4 I will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.
15.5 I will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
15.6 I will not be liable to you in respect of any loss or corruption of any data, database or software.
15.7 I will not be liable to you in respect of any special, indirect or consequential loss or damage.
16. Breaches of these terms and conditions
16.1 Without prejudice to my other rights under these terms and conditions, if you breach these terms and conditions in any way, or if I reasonably suspect that you have breached these terms and conditions in any way, I may:
(a) send you one or more formal warnings;
(b) temporarily suspend your access to the website;
(c) permanently prohibit you from accessing the website;
(d) block computers using your IP address from accessing the website;
(e) contact any or all your internet service providers and request that they block your access to the website;
(f) commence legal action against you, whether for breach of contract or otherwise; and/or
(g) suspend or delete your account on the website.
16.2 Where I suspend or prohibit or block your access to the website or a part of the website, you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account).
17.1 I may revise these terms and conditions from time to time.
17.2 I will give you written notice of any revision of these terms and conditions, and the revised terms and conditions will apply to the use of the website from the date that I give you such notice; if you do not agree to the revised terms and conditions, you must stop using the website.
18.1 You hereby agree that I may assign, transfer, sub-contract or otherwise deal with my rights and/or obligations under these terms and conditions.
18.2 You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.
19.1 If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.
19.2 If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
20. Third party rights
20.1 These terms and conditions are for my benefit and your benefit, and these terms and conditions are not intended to benefit or be enforceable by any third party.
20.2 The exercise of the parties’ rights under these terms and conditions is not subject to the consent of any third party.
21. Entire agreement
21.1 Subject to Section 15.1, these terms and conditions, together with the Privacy and Cookies policy shall constitute the entire agreement between you and me in relation to your use of the website and shall supersede all previous agreements between you and me in relation to your use of the website. There are additional terms and conditions for the Coaching and Custom Design services and for the Shop.
22. Law and jurisdiction
22.1 These terms and conditions shall be governed by and construed in accordance with Scottish law.
22.2 Any disputes relating to these terms and conditions shall be subject to the non-exclusive jurisdiction of the courts of Scotland.
23. Statutory and regulatory disclosures
23.1 I am a certified Master Practitioner of Neuro Linguistic Programing, in the Society of NLP; there is no on-line register, but you can email them to check.
23.2 I am subject to a licence renewal scheme, which is supervised by the Society of NLP.
24. My details
24.1 This website is owned and operated by Siân Harris, trading as Perfect Planners.
24.2 My principal place of business is at 9 Montgomery Street, Edinburgh, EH7 5JU.
24.3 You can contact me by writing to the business address given above, by using the website contact form, by email to firstname.lastname@example.org or by telephone on +44 (0) 7725 697909.
1.1 I am committed to safeguarding the privacy of my website visitors; in this policy I explain how I will treat your personal information.
2.1 This document was created using a template from SEQ Legal (http://www.seqlegal.com).
3. Collecting personal information
3.1 I may collect, store and use the following kinds of personal information:
(a) information about your computer and about your visits to and use of this website (including your IP address, geographical location, browser type and version, operating system, referral source, length of visit, page views and website navigation paths);
(b) information that you provide when registering with the website (including your email address);
(c) information that you provide when completing your profile on the website (including your name, gender, date of birth, interests and hobbies);
(d) information that you provide for the purpose of subscribing to email notifications and/or newsletters (including your name and email address);
(e) information that you provide when using the services on the website, or that is generated in the course of the use of those services (including the timing, frequency and pattern of service use;
(f) information relating to any purchases you make of goods and/or services or any other transactions that you enter into through our website (including your name, address, telephone number, email address and reason for purchase);
(g) information that you post to the website for publication on the internet (including your user name, your profile pictures and the content of your posts);
(h) information that you provide when using any of the goods or services available through the website (including but not limited to personal or business information, background/history, goals, habits, medical details, etc);
(i) information contained in or relating to any communications that you send to me or send through the website (including the communication content and meta data associated with the communication); and
(j) any other personal information that you choose to send to me.
3.2 Before you disclose to me the personal information of another person, you must obtain that person’s consent to both the disclosure and the processing of that personal information in accordance with this policy.
4. Using your personal information
4.1 Personal information submitted to me through the website or via other means will be used for the purposes specified in this policy or on the relevant pages of the website.
4.2 I may use your personal information to:
(a) administer the website and business;
(b) personalise the website for you;
(c) enable your use of the services available on the website;
(d) send you goods purchased through the website;
(e) supply to you services purchased through the website;
(f) send statements, invoices and payment reminders to you, and collect payments from you;
(g) send you non-marketing commercial communications;
(h) send you email notifications that you have specifically requested;
(i) send you my email newsletter, if you have requested it (you can inform me at any time if you no longer require the newsletter);
(j) send you marketing communications relating to my business or the businesses of carefully-selected third parties which I think may be of interest to you, by post or, where you have specifically agreed to this, by email or similar technology (you can inform me at any time if you no longer require marketing communications);
(k) provide third parties with statistical information about my users (but those third parties will not be able to identify any individual user from that information);
(l) deal with enquiries and complaints made by or about you relating to our website;
(m) keep the website secure and prevent fraud; and
(n) verify compliance with the terms and conditions governing the use of the website.
4.3 If you submit personal information for publication on the website, I will publish and otherwise use that information in accordance with the licence you grant to me.
4.4 Your privacy settings can be used to limit the publication of your information on the website, and can be adjusted using privacy controls in your browser.
4.5 I will not, without your express consent, supply your personal information to any third party for the purpose of their or any other third party’s direct marketing.
4.6 All the website financial transactions are handled through my payment services providers, Cart66 and Stripe. You can review their privacy policies at http://cart66.com/privacy-policy/ and https://stripe.com/gb/privacy. I will share information with my payment services providers only to the extent necessary for the purposes of processing payments you make via the website, refunding such payments and dealing with complaints and queries relating to such payments and refunds.
5. Disclosing personal information
5.1 I may disclose your personal information to any of my employees, officers, insurers, professional advisers, agents, suppliers or subcontractors insofar as reasonably necessary for the purposes set out in this policy.
5.2 I may disclose your personal information:
(a) to the extent that I am required to do so by law;
(b) in connection with any ongoing or prospective legal proceedings;
(c) in order to establish, exercise or defend my legal rights (including providing information to others for the purposes of fraud prevention and reducing credit risk); and
(d) to the purchaser (or prospective purchaser) of any business or asset that I am (or am contemplating) selling.
5.3 Except as provided in this policy, I will not provide your personal information to third parties.
6. International data transfers
6.1 Information that I collect may be stored and processed in and transferred between any of the countries in which I operate in order to enable me to use the information in accordance with this policy.
6.2 Information that I collect may be transferred to the following countries which do not have data protection laws equivalent to those in force in the European Economic Area: the United States of America, Russia, Japan, China and India.
6.3 Personal information that you publish on the website or submit for publication on the website may be available, via the internet, around the world. I cannot prevent the use or misuse of such information by others.
6.4 You expressly agree to the transfers of personal information described in this Section 6.
7. Retaining personal information
7.1 This Section 7 sets out my data retention policies and procedure, which are designed to help ensure that I comply with my legal obligations in relation to the retention and deletion of personal information.
7.2 Personal information that I process for any purpose or purposes shall not be kept for longer than is necessary for that purpose or those purposes.
7.3 Notwithstanding the other provisions of this Section 7, I will retain documents (including electronic documents) containing personal data:
(a) to the extent that I am required to do so by law;
(b) if I believe that the documents may be relevant to any ongoing or prospective legal proceedings; and
(c) in order to establish, exercise or defend my legal rights (including providing information to others for the purposes of fraud prevention and reducing credit risk).
8. Security of your personal information
8.1 I will take reasonable technical and organisational precautions to prevent the loss, misuse or alteration of your personal information.
8.2 I will store all the personal information you provide on secure (password- and firewall-protected) servers.
8.3 You acknowledge that the transmission of information over the internet is inherently insecure, and I cannot guarantee the security of data sent over the internet.
8.4 You are responsible for keeping the password you use for accessing the website confidential; I will not ask you for your password (except when you log in to the website).
9.1 I may update this policy from time to time by publishing a new version on the website.
9.2 You should check this page occasionally to ensure you are happy with any changes to this policy.
9.3 I may notify you of changes to this policy by email (if I have your details).
10. Your rights
10.1 You may instruct me to provide you with any personal information I hold about you; provision of such information will be subject to:
(a) the payment of a fee (currently fixed at GBP 15); and
(b) the supply of appropriate evidence of your identity (for this purpose, I will usually accept a photocopy of your passport certified by a solicitor or bank plus an original copy of a utility bill showing your current address).
10.2 I may withhold personal information that you request to the extent permitted by law.
10.3 You may instruct me at any time not to process your personal information for marketing purposes.
10.4 In practice, you will usually either expressly agree in advance to my use of your personal information for marketing purposes, or I will provide you with an opportunity to opt out of the use of your personal information for marketing purposes (there is always an unsubscribe link).
11. Third party websites
11.1 The website includes hyperlinks to, and details of, third party websites.
11.2 I have no control over, and am not responsible for, the privacy policies and practices of third parties.
12. Updating information
12.1 Please let me know if the personal information that I hold about you needs to be corrected or updated.
13.2 A cookie is a file containing an identifier (a string of letters and numbers) that is sent by a web server to a web browser and is stored by the browser. The identifier is then sent back to the server each time the browser requests a page from the server.
13.3 Cookies may be either “persistent” cookies or “session” cookies: a persistent cookie will be stored by a web browser and will remain valid until its set expiry date, unless deleted by the user before the expiry date; a session cookie, on the other hand, will expire at the end of the user session, when the web browser is closed.
13.4 Cookies do not typically contain any information that personally identifies a user, but personal information that I store about you may be linked to the information stored in and obtained from cookies.
13.5 I use both session and persistent cookies on the website.
13.6 The names of the cookies that I use on the website, and the purposes for which they are used, are set out below:
(a) Category 1 cookies
- “PHPSESSID” identifies your unique session on the website. It lasts just for the session;
- “wp-settings-” is a Wordpress cookie used to customize your view of admin interface (if you’re me), and possibly also the main site interface (which might therefore apply to you). It lasts for one year;
- “SESS” ensures you are recognised when you move from page to page within the site and that any information you have entered is remembered. It lasts just for the session.
(b) Category 2 cookies
- “wordpress_”, “wordpress_logged_in_” and “wordpress_test_” are WordPress cookies for a logged in user. They lasts just for the session;
- “wordpress_test_cookie” is also a WordPress cookie. It also only lasts for the session;
- “wp-settings-time-” is a Wordpress cookie used to customize your view of admin interface (if you’re me), and possibly also the main site interface (which might therefore apply to you). It lasts for one year;
- “__qca” may use your “computer’s IP address, pixel code, referring HTTP location, current HTTP location, search string, time of the access, browser’s time, any searches made on the applicable website, and other statistics” in order to “analyze Log Data from different websites and combine it with other non Personally Identifiable Information to produce the Reports that are made available on the Quantcast.com Site, to enable web publishers and advertisers to deliver audience segments that are appropriate for their products or services.” It lasts for 5 years.
(c) Third party cookies
Video, social sharing, content embedding and other services on the website are operated by other companies. These companies may drop cookies on your computer when you use them on the website. I do not have access to these cookies. These services include
- the Facebook Like and Share buttons, and video player. Facebook’s data usage policy.
13.7 Most browsers allow you to refuse to accept cookies; for example:
(a) in Internet Explorer (version 10) you can block cookies using the cookie handling override settings available by clicking “Tools”, “Internet Options”, “Privacy” and then “Advanced”;
(b) in Firefox (version 24) you can block all cookies by clicking “Tools”, “Options”, “Privacy”, selecting “Use custom settings for history” from the drop-down menu, and unticking “Accept cookies from sites”; and
(c) in Chrome (version 29), you can block all cookies by accessing the “Customise and control” menu, and clicking “Settings”, “Show advanced settings” and “Content settings”, and then selecting “Block sites from setting any data” under the “Cookies” heading.
13.8 Blocking all cookies will have a negative impact upon the usability of many websites.
13.9 If you block cookies, you will not be able to use all the features on this website.
13.10 You can delete cookies already stored on your computer; for example:
(a) in Internet Explorer (version 10), you must manually delete cookie files (you can find instructions for doing so at http://support.microsoft.com/kb/278835);
(b) in Firefox (version 24), you can delete cookies by clicking “Tools”, “Options” and “Privacy”, then selecting “Use custom settings for history”, clicking “Show Cookies”, and then clicking “Remove All Cookies”; and
(c) in Chrome (version 29), you can delete all cookies by accessing the “Customise and control” menu, and clicking “Settings”, “Show advanced settings” and “Clear browsing data”, and then selecting “Delete cookies and other site and plug-in data” before clicking “Clear browsing data”.
13.11 Deleting cookies will have a negative impact on the usability of many websites.
14. Data protection registration
14.1 I am registered as a data controller with the UK Information Commissioner’s Office.
14.2 My data protection registration number is A1060313.
15. My details
15.1 This website is owned and operated by Siân Harris, trading under Perfect Planners
15.2 My principal place of business is at 9 Montgomery Street, Edinburgh, EH7 5JU.
15.3 You can contact me by writing to the business address given above, by using the website contact form, by email to email@example.com or by telephone on +44 (0) 7725 697909.
Shop terms and conditions
1.1 These terms and conditions shall govern all purchases of goods and/or services from the shop.
1.2 By making a purchase from the Perfect Planners online shop (referred to in these terms and conditions as “the shop”), you accept these terms and conditions in full; accordingly, if you disagree with these terms and conditions or any part of these terms and conditions, you must not use the shop.
1.3 If you make any purchase from the shop, I will ask you to expressly agree to these terms and conditions.
1.4 You must be at least 18 years of age to use the shop; and by attempting to make a purchase from the shop or agreeing to these terms and conditions, you warrant and represent that you are at least 18 years of age.
2. Entire agreement
2.1 Subject to Section 15.1 in the General terms and conditions, these Shop term and conditions together with the Delivery & Returns terms and conditions, the Coaching terms and conditions, the Custom Design terms and conditions, the General terms and conditions and the Privacy and Cookies policy shall constitute the entire agreement between you and me in relation to your purchase of goods and/or services from the shop and shall supersede all previous agreements between you and me in relation to your purchase(s).
3.1 All goods and services (collectively referred to here as “products”) advertised in the shop are offered as an invitation to treat.
3.2 Products and prices may change or be withdrawn without notice.
4. No warranties
4.1 The information in the shop is provided without any representations or warranties, express or implied.
4.1 Without limiting the scope of Section 14.1 I do not warrant or represent:
(a) the completeness or accuracy of product descriptions;
(b) that prices will always be accurate; or
(c) that products will always be available.
4.2 I reserve the right to discontinue or alter any or all of the products (goods and services) available, and to withdraw them from sale, at any time in my sole discretion without notice or explanation; and save to the extent expressly provided otherwise in the terms and conditions, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of the same.
4.3 To the maximum extent permitted by applicable law and subject to Section 12.1, I exclude all representations and warranties relating to the subject matter of these terms and conditions, the shop and the use of the shop.
5. Testimonials and Reviews
5.1 All testimonials and product reviews are genuine comments from previous customers.
5.2 Any testimonials or product reviews you send to me will be treated as “content” under the general terms and conditions of the website.
6.1 At the moment, I can only ship to UK addresses.
6.2 Deliveries are all sent via Royal Mail and dispatched within 7 days of receiving the order (unless I’ve told you otherwise on the product page or in a promotional email).
6.3 Shipping is calculated at checkout and must be paid for at the same time.
7. Returns, Refunds and Exchanges
7.1 Unless the product is personalised (see 7.7), you have 14 days from the date of delivery to decide you want to return the product for any reason.
7.2 If you want to return or exchange the product you must email firstname.lastname@example.org within 14 days of receipt of the product to let me know.
7.3 I’ll then email you a label to print out and attach to the box to send it back to me. Please keep all the original packaging to enable you to return the item(s) safely and securely.
7.4 You will remain liable for the product until it is safely received by me. While I will provide postage to return it by the same method it was sent, you may, therefore, wish to pay the extra to have it insured/signed for/tracked.
7.5 If you have asked for an exchange, the alternate product will be posted to you once the first one has been returned to me. Any increase in product or postage costs must be paid before the alternate product is shipped. Any reduction in product or postage costs will be refunded at the time of shipping.
7.6 If you have asked for a refund, once the product is returned and has been checked by me, you will be refunded the full costs (product and postage). Where postage is split across multiple items, I will calculate the costs so that you pay for the item(s) you keep, minus the additional cost of the returned item.
7.7 Items that have been personalised will only be exchanged/refunded if they are faulty. Please include photos and a description of the fault in the initial email.
7.8 Any amounts refunded will be applied to the card you used to make the initial payment.
Terms and conditions coming soon.
1.1 Commissioning any work (herein known as “the project”) in writing (including email) will be taken to mean that you understand and agree to be bound by all the terms set out on the website.
1.2 Subject to Section 15.1 in the General terms and conditions, these Custom Design terms and conditions together with the General terms and conditions and the Privacy and Cookies policy, the Shop terms and conditions, the Delivery & Returns terms and conditions, and the Coaching terms and conditions shall constitute the entire agreement between you and me in relation to your custom design and shall supersede all previous agreements between you and me in relation to your purchase(s).
1.3 You confirm that you have the authority to enter into this agreement on behalf of yourself, your company or your organisation.
1.4 I confirm that I have the experience and ability to do everything we agreed and will do it all in a professional and timely manner. I will endeavour to meet every deadline set and will of course maintain the confidentiality of everything you give me.
2. How we’ll work together
2.1 At the start of the project you will get:
- A break down of what is and is not included in the price
- A schedule of deadlines, as we’ve agreed them
- A schedule of dates and amounts for when payments will be due.
2.2 You’ll give me everything I need to complete the project as and when and in the format I need it. You’ll review my work, provide feedback and approval in a timely manner too. Deadlines work two ways, so we’ll both be bound by dates we set together. You also agree to stick to the payment schedule set out in this document.
2.3 To make it easy to see where we’re at, the project will develop in stages, with staged payments payable at the start of each phase.
- Stage One: You’ll give me a full design brief then I’ll give you some options to pick from.
- Stage Two: Once you’ve chosen your preferred design route, I’ll continue to work the project to bring it to a level of finish we’ve agreed for you to review.
- Stage Three: I’ll make any amends you require, within the parameters of the original brief. Once you’re 100% happy I’ll hand it over to you.
2.4 If, at any stage, you’re not happy with the direction the work is taking, you’ll pay in full for everything I’ve produced until that point and cancel this contract.
2.5 With design work and complex projects, fixed-price contracts are rarely beneficial to you, as they often limit you to your earliest ideas. I don’t want to limit your ability to change your mind, but I do want to help you stay focused and help you keep your options to a manageable size. The price at the beginning of the agreement is based on the length of time I estimate we’ll need to accomplish everything you’ve told me you want to achieve, but I’m happy to be flexible. If you want to change your mind or add anything new, that won’t be a problem as I’ll provide a separate estimate for that.
3.1 Unless otherwise indicated, I will be the sole and original author of all design and copy, which will be free of plagiarism.
3.2 I will take reasonable care to ensure that all facts and statements are true and that the work does not infringe upon any copyright, right of privacy, proprietary right, right of publicity or any other right of a third party.
3.3 That said, I’m not a lawyer or the Encyclopedia Britannica and I can’t guarantee that my work will be 100% error-free, so I can’t be liable to you or any third-party for damages, including lost profits, lost savings or other incidental, consequential or special damages, even if you have advised me of them.
4. Payment and Collection
4.1 Since production will be staged, so will the payments. Each stage will be billed in advance and must be paid to book the time and enable work to start. The breakdown of the payments are as follows:
- Stage One: 50%
- Stage Two: 25%
- Stage Three: 25%
4.2 This final Stage Three payment will signify transfer of ownership of all transferable assets (obviously I can’t transfer rights I don’t own). The work will belong to you. If the project was digital, you will receive copies of all the files within 14 days of payment being made (unless we agree something else). If the project was physical, you will receive the finished piece(s).
4.3 If the parameters of the project change, or costs (expenses) or time will be greater than originally estimated, I will inform you and we can renegotiate.
4.4 Final invoices not paid within 30 days of the invoice date will accrue interest at 1.5% per month. You agree to pay for each check returned for insufficient funds or any other reason £25 per occurrence or 5% of the value of each returned item, whichever is greater. You agree to pay all reasonable fees (at least 15% of all amounts due, including interest) if any account is placed with a collection agency.
5.1 I may be required to incur additional expenses to meet the needs of your project (eg, stock imagery, premium plugins, etc).
Where this happens, I will inform you of the nature and cost of these expenses in writing and will seek approval before incurring them.
5.2 Once you have approved the expenses in writing, you will remain obligated to pay them. If approval in writing is not forthcoming, the additional expense will not be met by me, instead the goods/service to which it pertains will not be purchased.
5.3 Where a lack of approval renders it impossible for me to complete the project I will bring this to your attention in writing. If you still do not approve expenses, I will cancel this Agreement and you will remain obligated to pay any and all outstanding amounts as stipulated in Section 7 (Cancellation Policy).
6. Term of the contract
6.1 This Agreement will run until one of the following happens:
- Both parties agree the project is complete and no work is needed.
- Either you or I cancel the Agreement, in line with the procedure set out in Section 7 (Cancellation Policy).
6.2 Failure by me to exercise any right(s) given in these terms and contitions does not invalidate any part of the agreement, nor does it prevent me exercising those rights in the future.
6.3 If for some reason one part of these terms and conditions is unlawful, void, or for any reason unenforceable, it will not affect the rest of it, which will remain valid and enforceable.
7. Cancellation policy
7.1 You may cancel the agreement for any reason by providing a minimum of 14 days written notice to me.
7.2 Cancellation of the agreement by you will not extinguish your obligation to pay outstanding fees, as set out in Section 4 (Payment and collection) through the last day of performance or the 14th day after notice is provided, whichever comes later.
7.3 In the event you cancel the agreement, you will also remain obligated to pay all pre-approved expenses incurred by me on your behalf through the last day of performance or the 14th day after notice is provided, whichever comes later.
7.4 I may cancel the agreement at any time for any reason by providing written notice to you. In the event that I cancel the agreement, I will provide a prorated refund of any overages of monthly/project fees paid minus any approved, unpaid expenses incurred on your behalf.