Brand You Terms and Conditions

Quotes and prices for bespoke services

The price of your bespoke  branding, graphic design, marketing or website solution and that of any related services, such as hosting or updating (‘the Services'), shall be at the price we quote to you , in pounds sterling, and exclusive of VAT. All prices quoted are valid for 14 days from the time of the quotation. Should you wish to proceed after 14 days from the date of our quote, we reserve the right to issue you with a new quote.

Prices for non-bespoke services

Our prices for non-bespoke Services - for example, website packages - are as stated on our website. We reserve the right to change our prices at any time, and the price for any work you ask us to do will be confirmed to you by us before we start.

Before we start work

As well as giving you a quote for the work you would like us to do, we shall send you a proposal document or email before we start, setting out details about the work, what we will do and how we will do it, and other information such as payment schedules.

We ask you to agree to our proposal in writing or telephone before we start work.

How we will carry out the work

We will: 

• respond to your emails and phone calls promptly;
• notify you of any developments and update you on progress as work proceeds;
• give you a clear invoice which shows the work carried out and the amount charged;

• let you know if any estimate or quote as to our fees needs revision and, if so, the amount of the revision.

If we agree to design a website for you , all initial designs are made in Photoshop format, which we send to you in JPG format for your approval. Once you have approved a design in JPG format, we upload the design to our test area, and make minor modifications to it. In the event that you make any requests for major modifications once the design is on our test area, you may be subject to increased timescales and will be liable for our additional costs.

Once you have approved the final design, we ask you to sign off the design in writing, by email. We then invoice you for the work according to the Service(s) you have chosen. Please see the ‘How we charge' section below for our charging terms .

If we agree to carry out other (non-website) design Services for you , initial drafts/versions are made available in a format as stated in our proposal to you . Once the final version of the material has been agreed, we ask you to sign off the design in writing, by email. We then invoice you for the work according to the Service(s) you have chosen. Please see the ‘How we charge' section below for our charging terms .

Your obligations

We can only do our best for you with your full co-operation. We therefore ask, please, that you

• let us know from the outset what you expect to achieve so that we can agree what is possible

• tell us immediately if your expectations change

• tell us if you have personal time limits or targets which may not be obvious to us

• respond quickly when we ask for information, feedback, and/or approval, to allow us to progress the project in a proficient, timely, and cost-effective manner

• do not knowingly ask us to do anything illegal or that will bring us into disrepute

• do not send us any material which is offensive, abusive, indecent, obscene or menacing, or is in breach of confidence, copyright, privacy or any other rights

• let us know immediately if your contact details change.

• all the content for your website/marketing material in its final form before we upload the content to the site (unless we have agreed that we shall write this for you )

• any graphics, such as logos and customer logos (unless we have agreed that we shall design these for you )

• any additional graphics that you want on your website (such as images of customer sites), or we will source suitable images from our stock galleries (the number of which will be defined in our proposal to you ).

Website hosting and email

If we design a website for you , we may offer you a free hosting period or you may be given an inclusive hosting period as part of the Service(s) you have chosen. In the event that you use our hosting facility, it is your responsibility to keep secure any identification, password and other confidential information relating to your account and to notify us immediately of any known or suspected unauthorised use of the account or breach of security, including loss, theft or unauthorised disclosure of your password or other security information.

We do not guarantee that the server used will be free from interruption in service, unauthorised users or hackers and we shall not be liable for non-receipt or misrouting of email or for any other failure of email.

We shall have no liability for any interruption in service, loss or damage to your information on the server, however caused.

Continuation of hosting

In the event that we give you a free hosting period, we shall contact you before such period expires to ask you whether you want to continue your hosting with us. If you want to continue your hosting with us, we can provide this only on payment by you for such hosting annually in advance. 

If you fail to make such payment, we shall terminate your account on expiry of your free hosting period expires without further notice and provide you with the latest back-up of your website so that you can move it to another host. We shall also require you to provide us with details of your new host so that we can transfer your domain name accordingly. We are unable to transfer email addresses.

Uptime guarantee

The hosting company that we use to sub host your website guarantees 99.9% uptime.  In the event that your hosting has a physical downtime that is not within the 99.9% uptime you may receive one month of hosting fees in credit. Approval of the credit is at the discretion of Brand You dependant upon justification provided. Third party monitoring service reports may not be used for justification due to a variety of factors including the monitor's network capacity/transit availability. The uptime of the server is defined as the reported uptime from the operating system and the Apache Web Server which may differ from the uptime reported by other individual services.

To request a credit, please contact This e-mail address is being protected from spam bots, you need JavaScript enabled to view it with justification.

All requests must be made in writing via email.

Communication between us

We aim to be competitive on price, and can only do so by keeping our overheads low. For this reason, all communication between Brand You and its clients takes place via telephone or email. We do not and cannot undertake any work which requires face-to-face meetings unless you agree in advance of such meetings to pay our expenses.

How we charge

How we charge you depends on the Service(s) you choose. Our solutions and fee arrangements are as follows:

• Package and bespoke solutions: 50% of total quoted fee is payable in advance, and the remaining 50% is payable on sign-off

• One-year contact support: depending on which option you choose, a monthly fee is payable each month in arrears, or an annual fee is payable in advance.
• Stock images:  unless otherwise specificed, website packages include a defined number of inclusive stock images from istockphoto.com, with a maximum cost of £1-£3 each.  Any premium images or large-size images needed that cost in excess of this sum will be recharged to the customer.  For print work, all images need to be high resolution and will be recharged to the customer.

Ongoing fees

For some of our website Services, we offer telephone and email support for 30 calendar days from the date we provide you with an online tutorial in relation to your site. If your website Service includes such support, any further support you ask us to provide after the 30 calendar days have expired will be charged to you at £85.00 per hour and you will be invoiced accordingly.

Invoicing and payment

We shall invoice you as follows:

• Coaching/ advisory services: full payment is required in advance

• Packages, graphic design, website design and development, and bespoke solutions: 50% of total quoted fee is payable in advance, and the remaining 50% is payable on sign-off

• One-year contact support: depending on which option you choose, we shall invoice you for the annual fee in advance or if you pay monthly, we shall invoice you at the end of each month (in the event that you have agreed to pay other than by standing order).

Payment of our fees is due strictly within 14 days of the date of the invoice we send to you (which we will send either by post or email, or both), unless agreed otherwise in advance. Payment shall be by cheque or direct electronic transfer (BACS).

If you do not pay our fees for more than 21 days from the date of our invoice, interest will be payable on the outstanding amount at 3% above Barclays Bank base rate from 21 days from the date of the invoice until the date of payment.

Cancellation

If you notify of us that you wish to cancel the agreement between us before we have completed the work you instructed us to carry out, we shall invoice you in respect only of the work that has already been completed up to the time that we receive your notification.

In the event that you cancel the agreement between us, we are unable to refund any advance payment that you may have made in relation to such agreement.

Copyright

We shall retain copyright in your website design, graphic design or marketing material (excepting any content provided by you ) until your payment of our fees in full has cleared our account, after which full copyright is transferred to you .

Domain name registration and use

We make no representation that any domain name you wish to register is capable of being registered by or for you or that it will be registered in your name. You shall therefore not assume registration of your requested domain name(s) until we have notified you that it has or they have been registered. Any action taken by you in relation to your domain name before such notification is at your sole risk.

We give no warranty that your domain name is or will continue to be available for use or that no other domain name is or will be registered which conflicts with your domain name or which otherwise affects the your use of the domain name.

Registration and use of your domain name is subject to the terms and conditions of use of the relevant naming authority. We act only as your agent in the registration of a domain name and you shall have no right to bring any claim against us in the event that the relevant naming authority cancels or refuses to register a domain name.

We give no warranty that your domain name will not infringe the rights of any third party. We shall have no liability to you or any third party in respect of your use of any domain name. In the event that a dispute arises in respect of your use of a domain name we have registered on your behalf, we reserve the right to withhold, suspend, or cancel the name at our sole discretion and without giving any reason. We also reserve the right to make representations to the relevant naming authority but will not be obliged to take part in any such dispute.

In the event that we purchase a domain name on your behalf, we shall retain ownership of your domain name until your payment of our fees in full has cleared our account.

Website removal and email termination

We reserve the right to remove your website from either our test area or from the publically available production ‘live' area (accessible via your domain name) and, if applicable, terminate your email account if you do not pay our fees within 14 days of the date of our invoice or, in the event that you have arranged to pay us by standing order, if a standing order fails to reach our account by the due date.

Exclusion of liability

We shall not be liable to the you by reason of any representation, or any implied warranty, condition or other term, or any duty at common law, or under the express terms and conditions of the Agreement, for any indirect, special, or consequential loss of damage (whether for loss of profit or otherwise), costs, expenses or other claims for compensation whatsoever (whether caused by our negligence, or that of our employees or agents or otherwise) which arise out of or in connection with the supply of your website and/or the Services or their use or resale by you . Our total aggregate liability to you for any claim in contract, tort, negligence or otherwise arising out of or in connection with the provision of your website (and/or the Services) shall be limited to an amount equal to the fees paid by you in respect of your website (and/or the Services), which are the subject of any such claim.

We shall not be liable to you or be deemed to be in breach of these terms and conditions by reason of any delay in performing, or any failure to perform, any of our obligations in relation to the website (and/or the Services), if the delay or failure was due to any cause beyond our reasonable control.

Disclaimer
Brand You shall not be responsible for any damages your business may suffer. Brand You makes no warranties of any kind, expressed or implied for services we provide. Brand You disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, no deliveries, wrong delivery, and any and all service interruptions caused by Brand You and its employees.

Governing lay and jurisdiction

Any agreement between us will be governed by English law, and any dispute will be subject to the exclusive jurisdiction of the English courts.

© Brand You , 2003-2009. All rights reserved.