Terms & Conditions
Really important and worth reading!
We work well with our clients because our relationships are based on honesty and trust, however all work needs guidance so please do read our Terms and Conditions. It’s important that you know what we charge for and why we charge it, and also what charges you might incur for late payment or additional work. If you have any questions, please do contact us.
Terms & Conditions
The following Terms and Conditions of Service apply to all products and services provided by EQuerry Consulting Ltd (hereinafter referred to as EQuerry Consulting) and in the event of any dispute are governed by the laws of England.
All work is carried out by EQuerry Consulting (unless otherwise stated) on the understanding that the client has agreed to our terms and conditions and a Contract outlining the work and an NDA has been signed.
Copyright is retained by EQuerry Consulting on all design work, including words, pictures, ideas, visuals and illustrations unless specifically released in writing and after all costs have been settled. If a choice of designs is presented and one is chosen for your project, only that solution is deemed to be given by us as fulfilling the contract. All other designs remain the property of EQuerry Consulting, unless specifically agreed in writing.
At the time of proposal, EQuerry Consulting will provide the customer with a written estimate or quotation as part of the contract. The Terms and Conditions associated with any and all of our work can be read at any time on the EQuerry Consulting website.
A copy of the written estimate or quotation is to be signed and dated by the customer to indicate acceptance. Alternatively, the client may send an official purchase order in reply to the estimate or quotation which binds the client to accept our terms and conditions, or an email acknowledging acceptance of the quotation.
For the avoidance of doubt, the EQuerry Contulting Terms & Conditions are what govern the job, not any conditions on the customer’s purchase order.
Charges for services provided by EQuerry Consulting will be set out in the contract that is provided to the customer. At the time of the customer’s signed acceptance of this estimate or quotation, indicating acceptance of the Terms & Conditions, a non-refundable payment of the quoted fee will become immediately due.
Unless agreed otherwise with the Client, all marketing and design services require an advance payment of a minimum of 50% of the project quotation total before the work commences. The remaining 50% of the project quotation total will be due upon completion of the work prior to upload to the server or release of materials.
Services under monthly subscription will be invoiced at the end of each month and will be due for immediate payment / payment by the 1st of each month. Please see section on payments for further information and late charges.
We will supply proofs, PDF files, graphic files and website access to the work detailed in the contract for proofing by the client prior to printing or online publication.
The client will be given the opportunity to proof read final files before anything goes to press or is launched online. EQuerry Consulting are not responsible for content errors after the client has approved files or content for reproduction. Where the client requests final sign-off by EQuerry Consulting, EQuerry Consulting will only sign off on a project when the client has been given an opportunity to proof the final document.
The customer agrees that changes required over and above the estimated work, in addition to the agreed contract, or where the client makes changes to the supplied copy or changes required to be carried out after acceptance of the draft design, will be liable to a separate charge when alterations exceed the time included for alterations to be made.
The customer also agrees that EQuerry Consulting holds no responsibility for any amendments made by any third party, before or after a design is published.
Charges for Other Services
Charges for any additional services requested during the project that are over and above the estimated time or out of scope, will become fully payable (100% of the quoted amount) at the time of estimate or quotation acceptance.
It is the client’s responsibility to provide imagery for their projects. If the client is unable to do this, EQuerry Consulting will source material freely in the pursuit of the requested design. EQuerry Consutling will charge the client for purchased stock imagery.
Any invoice queries must be submitted by email within 14 days of the invoice date and forwarded to firstname.lastname@example.org
All amounts are payable immediately upon receiving the invoice, or by the 1st of every month for monthly service packages. Amounts which remain outstanding for 30 days after the date of invoice will incur late payment interest charge at the Bank of England Base Rate plus 8% on the outstanding amount from the date due until the date of payment. All work will seize until the amount is settled.
For reoccurring late payments, EQuerry Consulting upholds the right to require monthly payments to be settled in full for the number of months outlined in the contract.
All payments are to be made via bank transfer as per the invoice issued for the agreed work.
An account shall be considered default if it remains unpaid for 30 days from the date of invoice. EQuerry Consulting shall be entitled to remove EQuerry Consulting’s and/or the customer’s material from any and all computer systems, until the amount due has been fully paid. This includes any and all unpaid monies due for services, including, but not limited to, hosting, domain registration, search engine submission, design and maintenance, sub-contractors, printers, and libraries.
Removal of such materials does not relieve the customer of its obligation to pay the due amount.
Customers whose accounts become default agree to pay all EQuerry Consulting‘s reasonable legal and accounting expenses and third party collection agency fees in the enforcement of the debt and these Terms and Conditions.
Copyrights and Trademarks
By supplying text, images and other data to EQuerry Consulting for inclusion in the customer’s website or other medium, the customer declares that it holds the appropriate copyright and/or trademark permissions. The ownership of such materials will remain with the customer, or rightful copyright or trademark owner.
Any artwork, images, or text supplied and/or designed by EQuerry Consulting on behalf of the customer, will remain the property of EQyerry Consulting and/or its suppliers unless otherwise agreed in writing.
Any software, code, plugin or other third party material used in a web or digital project remains the property of the creator, and any ongoing licence fees or fees for upgrades are the responsibility of the client, not EQuerry Consulting.
By supplying images, text, or any other data to EQuerry Consulting, the customer grants EQuerry Consulting permission to use this material freely in the pursuit of the design.
Should EQuerry Consulting or the customer supply an image, text, audio clip or any other file for use in a website, multimedia presentation, print item, exhibition, advertisement or any other medium believing it to be copyright and royalty free, which subsequently emerges to have such copyright or royalty usage limitations, the customer will agree to allow EQuerry Consulting to remove and/or replace the file on the site.
The customer agrees to fully indemnify and hold EQuerry Consulting free from harm in any and all claims resulting from the customer in not having obtained all the required copyright, and/or any other necessary permissions.
Any design, copywriting, content creation, drawing, idea or code created for the customer by EQuerry Consulting or any of its contractors, is licensed for use by the client on a one-time only basis and may not be modified, re-used, or re-distributed in any way or form without the express written consent of EQuerry Consulting and any of its relevant sub-contractors.
All design work – where there is a risk that another party make a claim, should be registered by the client with the appropriate authorities prior to publishing or first use or searches and legal advice sought as to its use.
EQuerry Consulting will not be held responsible for any and all damages resulting from such claims.
EQuerry Consulting is not responsible for any loss, or consequential loss, non-delivery of products or services, of whatever cause. The customer agrees not to hold EQuerry Consulting responsible for any such loss or damage.
Any claim against EQuerry Consulting shall be limited to the relevant fee(s) paid by the customer.
The client agrees to EQuerry Consulting’s request of acceptable means of supplying data to the company.
Text is to be supplied to EQuerry Consulting in electronic format as standard text (.txt), MS Word (.docx) or via e-mail / FTP or shared folder.
Images which are supplied in an electronic format are to be provided in a format as prescribed by EQuerry Consulting via shared folders stored on Cloud based services. EQuerry Consulting will provide a link with access to a suitable folder for the content to be safely shared. If granted permission, EQuerry may accept images shared via emai. All images must be of a quality suitable for use without any subsequent image processing, and EQuerry Consulting will not be held responsible for any image quality which the client later deems to be unacceptable. EQuerry Consulting do not accept images or videos supplied via WhatsApp.
EQuerry Consulting cannot be held responsible for the quality of any images (incl. logo’s and branded content) which the client wishes to be scanned from printed materials.
Logos and other branded material must be supplied in high resolution format with a transparent background. An additional charge will automatically be incurred if EQuerry Consulting deems it necessary to optimise the branded imagery provided.
Additional expenses may be incurred for any necessary action, including, but not limited to, photography and art direction, photography searches, media conversion, digital image processing, or data entry services, colour correction and alteration of images.
Design Project Duration
Any indication given by EQuerry Consulting of a design project’s duration is to be considered by the customer to be an estimation. EQuerry Consulting cannot be held responsible for any project over-runs, whatever the cause. Estimated project duration should be deemed to be from the date that cleared funds are received by EQuerry Consulting for the initial payment or by date confirmed in writing by EQuerry Consulting.
Rights of Access for Website Construction
The client agrees to allow EQuerry Consulting all necessary access to computer systems and other locations, as required, in order to complete a website project and until all due funds are cleared, including the necessary read/write permissions, usernames and passwords.
The customer also agrees to allow EQuerry Consulting access to any computer systems, usernames and passwords required to remove data and/or sites for failure to comply with these Terms and Conditions.
The customer agrees to supply EQuerry Consulting with all necessary materials, electronic, or otherwise, required to create and complete the project, and to supply them prior to the project start / in a timely manner / when requested to do so.
Design Project Completion
EQuerry Consulting considers the design project complete upon receipt of the customer’s signed contract. Other/additional services such as printing, display panel production, filmwork, website uploading, publishing etc., constitute a separate project and will be treated as a separate charge.
Website design only
EQuerry Consulting require that a template/lay out is approved by the customer before work commences. Once the template(s)/ for the web site are approved by the customer and work commence, any changes to navigation items, colours, structure or content that require changes to the template will incur an additional charge if requested outside included website revision time.
Once web design is complete, EQuerry Consulting will provide the customer with the opportunity to review the work. EQuerry Consulting will make one set of minor changes at no extra cost within 7 days of the start of the review period. Minor changes include small textual changes and small adjustments to placement of items on the page. It does not include changes to images, colour schemes or any navigation features. Any minor changes can be notified to EQuerry Consulting by e-mail.
EQuerry Consulting will consider that the client has accepted the original draft, if no notification of changes is received in writing from the customer within 7 days of the start of the review period.
EQuerry Consulting offers hosting services for the website(s) they design through an out-sourced virtual server. EQuerry Consulting does not guarantee continuous service and will accept no liability for loss of service, whatever the cause.
EQuerry Consulting may request that clients change the type of hosting account used if that account is deemed to be unacceptable because of poor service, lack of bandwidth or in any other way insufficient to support the website.
Fees due to third party hosting organisations are the responsibility of the client and EQuerry Consulting are not liable for their payment, nor for the renewal of domain names, which are the sole responsibility of the customer / domain owner.
EQuerry Consulting cannot guarantee the availability of any domain name. Where EQuerry Consulting is to register a domain name on behalf of a client it will endeavour to do so but the client should not assume a successful registration.
Search Engine Submission
Due to the infinite number of considerations that search engines use when determining a site’s ranking, EQuerry Consulting cannot guarantee any particular placement. Acceptance by any search engine cannot be guaranteed and when a site is accepted, the time it takes to appear in search results varies from one search engine to another. Rankings will also vary as new sites are added. EQuerry Consulting will focus on improving your rankings with Google only.
The customer agrees to allow EQuerry Consulting to place a small credit on any printed material, exhibition displays, advertisements and/or a link to EQuerry Consulting’s own website on the customer’s website. This will usually be in the form of a small logo or line of text placed towards the bottom of the page.
The customer also agrees to allow EQuerry Consulting to place websites and other designs, along with a link to the client’s site on EQuerry Consulting’s own website for demonstration purposes and to use any designs in its own publicity and portfolios.
Rights of Refusal
EQuerry Consulting will not include in its designs any text, images or other data which it deems to be immoral, offensive, obscene or illegal. All advertising material must conform to all standards laid down by all relevant advertising standards authorities. EQuerry Consulting also reserves the right to refuse to include submitted material without giving reason. In the situation where any images and/or data that EQuerry Consulting does include in all good faith, and subsequently discovers is in contravention to such Terms and Conditions, the customer is obliged to allow EQuerry Consulting to remove the contravention without hindrance, or penalty. EQuerry Consulting is to be held in no way responsible for any such data being included.
Cancellation of orders may be made initially by telephone or e-mail, however, following this, EQuerry Consulting will need formal notification in writing to the company’s postal address. The client will then be invoiced for all work completed over and above the non-refundable deposit that will have been made at the time of first booking. The balance of monies due must be paid within 14 days.
Please note: Any cancellation which is not formally confirmed in writing and received by EQuerry Consulting within 14 days of such instruction being issued, will be liable for the full quoted cost of the project.
EQuerry Consulting makes no warranties of any kind, express or implied, for any and all products and/or services that it supplies.EQuerry Consulting will not be held responsible for any and all damages resulting from products and/or services it supplies. EQuerry Consulting is not responsible for any loss, or consequential loss of data, or non-delivery of products or services, of whatever cause. While we take reasonable steps to investigate the materials we recommend, we accept no responsibility for the performance or quality of materials or any consequential loss arising from their failure. The customer agrees not to hold EQuerry Consulting responsible for any such loss or damage. Any claim against EQuerry Consulting shall be limited to the relevant fee(s) paid by the customer.
EQuerry Consulting reserves the right to use the services of sub-contractors, agents and suppliers and any work, content, services and usage is bound by their Terms & Conditions. EQuerry Consulting will not knowingly perform any actions to contravene these and the client also agrees to be so bound.
These Terms and Conditions supersede any previous Terms and Conditions distributed in any form. EQuerry Consulting reserves the right to change any rates and any of the Terms and Conditions at any time and without prior notice.
Acceptance of Terms and Conditions and Quotation
The placement of an order for any services offered by EQuerry Consulting, by email, verbally or in writing, is deemed to be acceptance of these terms and conditions, which are freely available at www.equerryconsulting.co.uk.
An estimate validated by the customer’s signature on the estimate or quotation form, or by email, constitutes acceptance of the estimate or quotation and agreement to comply fully with all the Terms and Conditions and forms a Contract for Business between the signatory and EQuerry Consulting.