Savvy | The Design Start Up Guy

SAVVY DESIGN TERMS AND CONDITIONS

 

1. Definitions

The following Terms and Conditions document is a legal agreement between Savvy Design Ltd, hereafter “the Developer/Designer” (Savvy Design Ltd), and “the Client” for the purposes of graphic design, website design or development. These Terms and Conditions set forth the provisions under which the Client may use the services supplied.

The Developer/Designer is an Internet web design and print design provider offering the Client graphical design, HTML, CSS, Javascript, PHP, WordPress and other related computer programming languages.


2. Acceptance of Work

Quotations are valid for 30 days from date of issue.

When the Client places an order to purchase a website or website updates from the Developer/Designer as well as any graphic related work, the order represents an offer to the Developer/Designer to create the website or website updates and/or create design. No contract for the supply of services exists between Client and Developer/Designer until the Developer/Designer sends an invoice to the Client for payment. The invoice equals acceptance by the Developer/Designer (or third party supplier) of the Client’s offer to purchase services from the Developer and this acceptance of work is a valid contract between Client and Developer regardless of whether the Client receives the invoice. On starting the pay monthly plan if payment isn't received the site will be taken down. NOTE: The site can not be hosted on any other platform.

Any other services on the order that have not been included in the invoice do not form part of the contract. The Client agrees to check that the details of the invoice are correct and should print and keep a copy for their records.

The Developer/Designer is liable to withdraw from contract at any time prior to acceptance.

Additional work requested by the Client that is not specified in the agreed quotation or changes/updates are required after a phase of the project has been signed off by the client,  is subject to an additional quotation/invoice by the Developer/Designer on receipt of specification. If the work is needed as part of an existing project, then this may affect time scale and overall delivery time of the project.

If a functional specification and a set of testing criteria is included within the quotation, the Developer/Designer is responsible for fulfilling the testing criteria as the sole criteria for completion of the contract.

The Client agrees that the standard development platform is an agreeable platform for development of the website and all acceptance testing will occur only on the standard development platform. The Client further agrees that any requests relating to hardware or software outside the standard development platform will be deemed additional work.

The Client agrees to provide any needed information and content required by the Developer in good time to enable the Developer to complete a design or website work as part of an agreed project.


3. Permission and Copyright

Copyright of the completed web designs, images, pages, code and source files created by the Developer/Designer for the project shall be with the Client upon final payment only by prior written agreement. Without agreement, ownership of designs and all code is with the Developer/Designer.

These terms of use grant a non-exclusive limited license so that the Client can use the design on one website on one domain name only. The Client is not permitted to use a design for more than one website without prior written agreement between the Client and the Developer/Designer.

The Client agrees that resale or distribution of the completed files is forbidden unless prior written agreement is made between the Client and the Developer/Designer.

The Client hereby agrees that all media and content made available to the Developer/Designer for use in the project are either owned by the Client or used with full permission of the original authors. The Client agrees to hold harmless, protect and defend the Developer from any claim or suit that may arise as a result of using the supplied media and content.

The Client agrees that the Developer/Designer may include development credits and links within any code the Developer designs, builds or amends. If the Developer/Designer designs a website for a Client, then the Client agrees that the Developer/Designer may include a development credit and link displayed on the Client’s website on the footer. If the Developer/Designer builds or amends a website for a Client, then the Client agrees that the Developer/Designer may include a development credit and link displayed on the Client’s web page, which may be within the code but not displayed on a web browser if requested by the Client.

The Client agrees that the Developer/Designer reserves the right to include any work done for the Client in a portfolio of work.


4. Material

The Developer/Designer reserves the right to refuse to handle:

1. Any media that is unlawful or inappropriate.

2. Any media that contains a virus or hostile program.

3. Any media that constitutes harassment, racism, violence, obscenity, harmful intent or spamming.

4. Any media that constitutes a criminal offence, or infringes privacy or copyright.


5. Projects

5A. Web related

The Client agrees that an HTML page built from a graphic design may not exactly match the original design because of the difference between the display in design software and the rendering of HTML code by the internet browser software. The Developer/Designer agrees to try to match the design as closely as is possible when building the code.

During a website project it is important that the Client communicates information to the Developer/Designer to achieve the required result.

All alterations are to be requested in writing either by email or postal mail by the Client. After the allocated time for alterations is used up, either in design or coding, the Developer/Designer reserves the right to advise the Client of such and send a separate quotation to the Client and to request payment for any further alterations. The Developer/Designer reserves the right to request payment be received for further alterations before continuing work. Upon completion of agreed design, the Client is asked to confirm in writing by email or postal mail that the design and the screen size is signed off as complete and agree that any further design alterations are chargeable.

If the Client requests design or content alterations to pages that have already been completed, new pages or different functionality other than that specified in the original quotation, the Developer/Designer reserves the right to quote separately for these alterations.

If optimised pages are included as part of the project, the Developer/Designer will optimise the Client’s web pages that already make up part of the project. Optimised pages is not creation of new pages. The optimisation of the web pages can include the meta tags, keywords, description, title, alt tags and text provided by the Client.

For web projects, the Developer/Designer offers a very basic SEO (search engine optimisation) set-up ONLY. As Savvy Design Ltd is not fully skilled in this area, an outsourced SEO specialist can be recommended.

The Developer/Designer endeavours to create pages that are accessible to search engines. However, the Developer gives no guarantee that the site will become listed with search engines.

If an error or issue with the design or code arises during the project, which does not allow the design or code to match the original specification, then the Client agrees that the Developer/Designer can apply a nearest available alternative solution.

The Developer/Designer at all times applies reasonable skill and care in provision of services.

On request, the Developer can create a copy of the website on one CD to be posted to the Client on project completion. A small charge will be made to cover the cost of this, unless quoted otherwise.

After site completion, a Client or a third party of their choosing may wish to edit their website code themselves to make updates. However, the Client agrees that in so doing they assume full responsibility for any issues which occur as a result of changing the code themselves. If the Client or a third party of their choosing edits the website code and this results in functionality errors or the page displaying incorrectly, then the Developer/Designer reserves the right to quote for work to repair the website.

The Developer/Designer reserves the right to assign sub-contractors in whole or as part of a project if needed.

The Developer/Designer will keep a copy of the site and design source files when a website project is being worked on. However, the Client agrees that it is their responsibility to have regular backups made by themselves or the third party hosting services in case of a software or hardware failure at the third party hosting servers.

All communications between Developer/Designer and Client shall be by telephone, email, Skype or postal mail, except where agreed at the Developer/Designer’s discretion.

If a website project, the Developer/Designer will give a minimum estimate of 6-8 weeks for delivery of project regardless of the size of the web project even though delivery may be earlier than this.

If the project exceeds 10 weeks from start date or up to 2 weeks after the agreed length of the project, and the client is responsible for the delay, the Developer/Designer has the right to invoice for full payment, regardless if the job has been completed or not.

The Developer/Designer holds the rights and ownership of each Phase of the project until the amount has been paid for each part of the work.

5B Print material

It is the owners responsibility to check all content for print material, prior to going to print. The files will only be sent to print when approval has been received by email or letter as a notice of evidence. The designer cannot be held responsible for any errors to content if it has already been approved and granted to go to the printers as it is an irreversible procedure once the printers process the files.


6. Payment Terms

Prices are subject to change without notice.

All quoted prices are exempt of VAT.

All invoices must be paid in full within 7 days of the invoice date (includes weekends), except where agreed at the Developer/Designer’s own discretion.

The Developer/Designer reserves the right to decline further work on a project if there are invoices outstanding with the Client after 7 days of supply.

The Developer/Designer reserves the right to remove its work for the Client from the Internet if payments are not received within the 7 days after project is complete.

If final payment is not received within the 7 days after completion of the project, the designer/developer has the right to add an additional 8% daily charge for every day beyond the 7 day window on to the outstanding balance.

If the project runs beyond 8 weeks and the hold-up of completion of the project is from the Client, the Client may be asked by the Developer/Designer to make another instalment from the outstanding balance prior to a final payment due to loss of earnings.

Any project that involves print material must be paid prior to print, to cover cost of print with external company.


7. Liability and Warranty Disclaimer

The Developer/Designer provides their website and the contents thereof on an ‘as is’ basis and makes no warranties with regard to the site and its contents, or fitness of services offered for a particular purpose. The Developer/Designer cannot guarantee the functionality or operations of their website or that it will be uninterrupted or error free, nor does it warrant that the contents are current, accurate or complete.

The Client agrees that the Developer/Designer is not liable for any bugs, performance issues or failure of their WordPress software as this open-source software distributed under the GPL (“GNU General Public License”) and is maintained and developed by a community of thousands of users and developers. Any bugs, performance issues or failure with the software will be directed to the Wordpress communtiy at https://wordpress.org/support/

The Client agrees that the Developer/Designer is not liable for any bugs, performance issues or failure of their Joomla software as Joomla is open-source software distributed under the GPL (“GNU General Public License”) and is maintained and developed by a community of thousands of users and developers. Any bugs, performance issues or failure with the software will be directed to the Joomla Development community https://community.joomla.org/.

The Developer/Designer endeavours to provide a website within given delivery time scales to the best of its ability. However, the Client agrees that the Developer is not liable for any claims, losses, costs incurred or compensation due to any failure to carry out services within a given delivery time scale.

The Client agrees that the Developer/Designer is not liable for any failure to carry out services for reasons beyond its control, including but not limited to acts of God, telecommunication problems, software failure, hardware failure, third party interference, Government, emergency on a major scale or any social disturbance of extreme nature such as industrial strike, riot, terrorism and war or any act or omission of any third party services.

The Developer/Designer is not liable for any consequences or financial losses such as, but not limited to, loss of business, profit, revenue, contract, data or potential savings, relating to services provided.

On handover of files from Developer/Designer to Client, the Client shall assume entire responsibility in ensuring that all files are functioning correctly before use.

Whilst every effort is made to make sure files are error free, the Developer/Designer cannot guarantee that the display or functionality of the web design or the website will be uninterrupted or error free. If, after handover of files, errors are found in code the Developer/Designer has created and the standard development platform, domain name set-up and hosting set-up are the same as when work began, then the Developer/Designer can correct these errors for the Client free of charge for a period of 3 months, after acceptance of the work. After the 3-month period, the Developer/Designer reserves the right to quote separately for any work involved in correcting an error.

If, after handover of files, errors are found in code the Developer/Designer has created and the standard development platform, or the domain name set-up or hosting set-up have been changed, the Developer/Designer can correct errors and reserves the right to quote separately for any additional work needed as a result of changes to the browser software, domain name set-up or hosting set-up.

Should the Client go into compulsory or involuntary liquidation or cannot pay its debts in the normal course of business, the Developer/Designer reserves the right to cancel forthwith any projects and invoice the Client for any work completed.

The Developer/Designer shall have no liability to the Client or any third parties for any damages, including but not limited to claims, losses, lost profits, lost savings, or other incidental, consequential, or special damages arising out of the operation of or inability to operate these web pages or website, even if the Developer/Designer has been advised of the possibility of such damages.

There are sometimes laws and taxes that affect Internet e-commerce. The Client agrees that it is their responsibility to comply with such laws and will hold harmless, protect, and defend the Developer/Designer and its subcontractors from any claim, suit, penalty, tax, or tariff arising from the Client’s exercise of Internet e-commerce.

The Developer/Designer may from time to time recommend to the Client that updates are needed to their site, including but not limited to new legislation compliance, software compatibility and web standards. The Developer reserves the right to quote for any updates as separate work. The Client agrees that the Developer/Designer is not liable for any failure to inform or implement these updates to their site. The Client agrees that it shall defend, indemnify, save and hold the Developer/Designer harmless from any and all demands, liabilities, costs, losses and claims arising from omission to inform or implement these updates.


8. Indemnification

The Client agrees to use all Developer/Designer services and facilities at their own risk and agrees to defend, indemnify, save and hold the Developer/Designer harmless from any and all demands, liabilities, costs, losses and claims, including but not limited to legal fees against the Developer/Designer or its associates that may arise directly or indirectly from any service provided or agreed to be provided or any product or service sold by the Client or its third parties.

The Client agrees that this indemnification extends to all aspects of the project, including but not limited to website content and choice of domain name.

The Client also agrees to indemnify, hold harmless and defend, the Developer/Designer against any liabilities arising out of injury to property or person caused by any any product or service sold by the Client or any service provided or agreed to be provided or by third parties, including but not limited to infringement of proprietary rights, misinformation, infringement of copyright, delivery of defective services or products that are harmful to any company, person, business, or organisation.


9. Nondisclosure

The Developer/Designer and any third party associates agree that, unless directed by the Client, it will not at any time during or after the term of this agreement disclose any confidential information. The Client agrees that it will not convey any confidential information about the Developer/Designer to another party, unless directed by the Developer/Designer.


10. Interpretation

The Developer/Designer reserves the right to terminate a project with a Client at any time without prior notification if it finds the Client in breach of these Terms and Conditions. The Developer shall be the sole arbiter in deciding what constitutes a breach. No refunds will be given in such a situation.

Where one or more terms of this contract are held to be void or unenforceable for whatever reason, any other terms of the contract not so held will remain valid and enforceable at law.

By accepting a quotation or making a payment of invoice to use the services supplied, the Client acknowledges to have read, understand, and accept the Terms and Conditions of this Agreement, and agrees to be legally binding by these Terms and Conditions.

The Developer reserves the right to alter these Terms and Conditions at any time without prior notice.


Savvy Design Privacy Policy

 

This privacy policy sets out how Savvy Design uses and protects any information that you give to us when you use this website.

We are committed to ensuring that your privacy is protected. Should we ask you to provide certain information from which you can be identified when using this website, then you can be assured that it will only be used in accordance with this privacy statement and with the requirements laid down by law in the Data Protection Act (DPA) 1998, The Privacy and Electronic Communications (EC Directive) Regulations (PECR) 2003 and the new General Data Protection Regulation (GDPR) 2018.

Savvy Design may change this policy from time to time by updating this page. You should check this page from time to time to ensure that you are happy with any changes. This policy is effective from 25th May 2018.

 

What we collect

We may collect the following information:

• Your name, Company name, and job title

• Contact information including your email address, postal address and telephone number

• Demographic information such as postcode, preferences and interests

• Other information relevant to customer surveys and/or offers provided by us

 

What we do with the information we gather

We require this information to understand your needs and provide you with a better service, and in particular for the following reasons:

• Internal record-keeping and to administer any account that you might have with us.

• We may use the information to improve our products and services to you.

• We may periodically send promotional emails about new products, special offers or other information which we think you may find interesting using the email address which you have provided and given us consent to use.

• From time to time, we may also use your information to contact you for market research purposes. We may contact you by email, phone, fax or post but only in accordance with your expressed consent for such contact. We may also use the information to customise the website according to your interests.

 

The legal basis for processing your data

We collect this data from you on at least one of the following legal bases:

• That you have provided your explicit consent for us to do so.

• That we need to in order to fulfil our contractual obligations to you (which includes the provision of quotations or estimates as a result of a request from you).

• That we have a legitimate interest in doing so for our own commercial marketing activities where our use of your data is proportionate, has a minimal impact on your privacy and is an activity that you might reasonably expect us to be engaged in.

 

How long do we keep your personal information for?

We will only retain your personal information for the minimum time that is necessary. For some purposes such as our business accounting obligations, this length of time will be determined by legislation.

 

Controlling your personal information

You may choose to restrict the collection or use of your personal information in the following ways:

• Whenever you are asked to fill in a form on our website(s), look for the box or boxes that you can choose to tick to indicate that you agree or opt-in, so that the information can be used by us for direct marketing purposes.

• Right to withdraw consent, data retention and the right to be forgotten - If you have previously agreed to us using your personal information for direct-marketing purposes, you may change your mind at any time by emailing paul@savvy-design.co.uk. We will comply with your request within one month of receiving it. Please note, there may be certain circumstances such as a legal obligation we may have, that mean the right to be forgotten cannot be implemented but we will inform you of this should you contact us on this basis.

• Right of data portability – You have the right to request a copy of the data that we hold about you in order that you can reuse it for your own purposes across different services. This right is only applicable if you have given us explicit consent to process your data or if we have used it for the performance of any contract(s) we may have (had) with you. If you wish to do this, please email paul@savvy-design.co.uk.. We will provide the information in a commonly used and machine-readable format free of charge.

• Right of access to your data - You may request details of personal information which we hold about you. If you would like a copy of the information held on you please email us at paul@savvy-design.co.uk

• Right to rectification of inaccurate data - If you believe that any information we are holding on you is incorrect or incomplete, please email us at paul@savvy-design.co.uk.. We will promptly rectify any information found to be incorrect.

• Right to object to processing of your data – You have a right to object to us using your data for marketing under the basis of ‘legitimate interests’ and if you wish to do so, email us at paul@savvy-design.co.uk.

We will not sell, distribute or lease your personal information to third parties unless we have your permission or are required by law to do so. We may use your personal information to send you promotional information about third parties which we think you may find interesting but only if you tell us that you wish this to happen.

You may request details of personal information which we hold about you under the Data Protection Act 1998 and the GDPR 2018. If you would like a copy of the information held on you please email us on paul@savvy-design.co.uk.

 

Security

We are committed to ensuring that your information is secure. In order to prevent unauthorised access or disclosure, we have put in place appropriate physical, electronic and managerial procedures to safeguard and secure the information we collect online. All your information is stored either electronically on our secure servers. Any password(s) which you might use to access the website or other platforms that are operated by Savvy using third-party providers are your own responsibility and you undertake not to share them with anyone else, save as to making provisions in your will. If you believe your password(s) has/have been compromised, you must inform us straight away and change it.

 

Links to other websites

Our website may contain links to other websites of interest. However, once you have used these links to leave our site, you should note that we do not have any control over those other websites. Therefore, we cannot be responsible for the protection and privacy of any information which you provide whilst visiting such sites and such sites are not governed by this privacy statement. You should look at the privacy policy statement applicable to the website(s) in question.

 

 

SAVVY DESIGN DATA PROTECTION POLICY

 

Introduction

This Privacy Policy is issued by Paul Lane.

This Privacy Policy explains who we are; the purposes for which we process personal data & Imagery and our legitimate interests in so doing; the categories of data we process; third party disclosures; and details of any transfers of personal data & Imagery outside the UK.

Savvy is committed to protecting the privacy and the confidentiality of the personal information of visitors to our website and of members/enquirers to our organisation. There is a lot of information here but we want you to be fully informed about your rights and how Savvy uses your data.

We undertake to ensure that all personal information in our possession is processed in accordance with the requirements of the European General Data Protection Regulation (‘GDPR’) and Data Protection Act (‘DPA’).

We will only use your personal information in a way that is fair to you. We will only collect information where it is necessary for us to do so and we will only collect information if it is relevant to our dealings with you. We have implemented appropriate technology and policies to safeguard your data from unauthorised access and improper use.

We may update this Policy from time to time and you are welcome to come back and check it whenever you wish to.

 

Explaining the legal bases we rely on

The law on data protection sets out a number of different reasons for which a company may collect and process your personal data & Imagery, including:

 

Consent

In specific situations, we can collect and process your data with your consent.

For example, when you tick a box to receive emails from us, or make a purchase from us.

 

Contractual obligations

In certain circumstances, we need your personal data & Imagery to comply with our contractual obligations.

For example, if you order a product from us, we’ll collect your address to deliver your purchase, and if necessary we will need your telephone number to pass on to our courier.

 

Legal compliance

If the law requires us to, we may need to collect and process your data.

For example, we can pass on details of people involved in fraud, misbehaviour or other criminal activity to law enforcement.

 

Legitimate interest

In specific situations, we require your data to pursue our legitimate interests in a way which might reasonably be expected as part of running our business and which does not materially impact your rights, freedom or interests.

For example, we will also use your address details to send you direct marketing information, telling you about products and services that we think might interest you.

When do we collect your personal data & Imagery?

• When you sign up for any of our information on our website

• When you make an online purchase from our website

• When you engage with us on social media

• When you contact us by any means with queries, complaints, suggestions, feedback etc

• When you book any sort of appointment with us

• When you choose to complete any surveys we send you

• When you complete and return any of the forms we send you – either by post or by email

 

What sort of personal data & Imagery do we collect?

• If you are an enquirer to our service we will collect your email address, your postal mailing address, and your telephone numbers.

• Details of your interactions with us by telephone calls, emails, social media, letters and text

• Details of your interactions with us through online surveys

• Copies of documents you provide if it is necessary for the purpose of you attending a workshop held abroad. This will include details of your full name, address, date of birth and facial image. If you provide a passport, the data will also include your place of birth, gender and nationality.

• Personal details which help us to recommend items of interest.

• Your comments and product/service reviews.

• To deliver the best possible web experience, we collect technical information about your internet connection and browser as well as the country and telephone code where your computer is located, the web pages viewed during your visit, and the advertisements you clicked on.

• Your social media username, if you interact with us through those channels, to help us respond to your comments, questions or feedback

 

How and why do we use your personal data & Imagery?

We want to give you the best possible customer experience. One way to achieve that is to get the richest picture we can of who you are by combining the data we have about you.

We then use this to offer you promotions, products and services that are most likely to interest you. The data privacy law allows this as part of our legitimate interest in understanding our customers and providing the highest levels of service.

Of course, if you wish to change how we use your data, you’ll find details in the ‘What are my rights?’ section below.

Remember, if you choose not to share your personal data & Imagery with us, or refuse certain contact permissions, we might not be able to provide some services you’ve asked for.

For example, if you’ve asked us to let you know if a place on one of our fully booked events comes available, we can’t do that if you’ve withdrawn your general consent to hear from us.

 

Here’s how we’ll use your personal data & Imagery and why:

• To process any orders that you make by using our website, in person or over the telephone. If we don’t collect your personal data & Imagery during checkout, we won’t be able to process your order and comply with our legal obligations. We may keep your details for a reasonable period afterwards in order to fulfil any contractual obligations such as refunds, guarantees and so on.

• To respond to your queries, refund requests and complaints. Handling the information you sent enables us to respond. We may also keep a record of these to inform any future communication with us and to demonstrate how we communicated with you throughout. We do this on the basis of our contractual obligations to you, our legal obligations and our legitimate interests in providing you with the best service and understanding how we can improve our service based on your experience.

• To process payments and to prevent fraudulent transactions. We do this on the basis of our legitimate business interests. This also helps to protect our customers from fraud.

• To send you relevant, personalised communications in relation to updates, offers, services and products. We’ll do this on the basis of our legitimate business interest.

• For our own legitimate interests (e.g. for good governance, accounting and managing our business operations)

• To send you communications required by law or which are necessary to inform you about our changes to the services we provide you. For example, updates to this Privacy Notice, and legally required information relating to your orders. These service messages will not include any promotional content and do not require prior consent when sent by email or text message. If we do not use your personal data & Imagery for these purposes, we would be unable to comply with our legal obligations.

• To comply with our contractual or legal obligations to share data with law enforcement agencies.

For example, when a court order is submitted to share data with law enforcement agencies or a court of law.

• To send you survey and feedback requests to help improve our services. These messages will not include any promotional content and do not require prior consent when sent by email or text message. We have a legitimate interest to do so as this helps make our products or services more relevant to you.

• To process your booking/appointment requests

• We will update your information whenever we get the opportunity to keep it current, accurate and complete

Any information you provide when enquiring to us and/or signing up for our service will be used for Savvy Design purposes only.

We may disclose your information to companies who act as ‘data processors’ on our behalf, some of whom may be outside the UK/EEA. This will be for our purposes only – for example sending out a mail shot to you from us. We have never, and will not ever sell, rent or otherwise distribute any personal information to third parties.

You may indicate your preference for receiving direct marketing by email from us. You will be given the opportunity on every electronic communication we send you to indicate that you no longer wish to receive our emails. Once properly notified by you, we will stop using your information in this way.

 

How we protect your personal data & Imagery

We know how much data security matters to all our customers. With this in mind we will treat your data with the utmost care and take all appropriate steps to protect it.

We secure access to all transactional areas of our websites and apps using ‘https’ technology.

Access to your personal data & Imagery is password-protected, and any sensitive data (such as payment card information) is not kept on record.


How long we keep your personal data & Imagery for

Whenever we collect or process your personal data & Imagery, we’ll only keep it for as long as is necessary for the purpose for which it was collected.

 

Who do we share your personal data & Imagery with?

We sometimes share your personal data & Imagery with trusted third parties.

For example, delivery couriers or other law enforcement agencies for fraudulent activity, to handle complaints.

Here’s the policy we apply to those organisations to keep your data safe and protect your privacy:

• We provide only the information they need to perform their specific services.

• They may only use your data for the exact purposes we specify

Examples of the kind of third parties we work with are:

• Mailing houses who send out mail on our behalf

• IT companies who support our website and other business systems.

• Operational companies such as delivery couriers.

• Google/Facebook to show you products that might interest you while you’re browsing the internet. This is based on either your marketing consent or your acceptance of cookies on our websites.

• We may also be required to disclose your personal data & Imagery to the police or other enforcement, regulatory or Government body, in your country of origin or elsewhere, upon a valid request to do so. These requests are assessed on a case-by-case basis and take the privacy of our customers into consideration.

 

Your rights

We operate under GDPR and DPA. We ensure lawful processing of personal data & Imagery by obtaining your consent; or where there is a contractual obligation to do so in providing appropriate products and services; or where processing the data is necessary for the purposes of our legitimate interests in providing appropriate products and services. The DPA and GDPR apply to ‘personal data & Imagery’ we process and the data protection principles set out the main responsibilities we are responsible for.

We must ensure that personal data & Imagery shall be:

1. Processed lawfully, fairly and in a transparent manner;

2. Collected for specified, explicit and legitimate purposes and not further processed in a manner that is incompatible with those purposes;

3. Adequate, relevant and limited to what is necessary in relation to the purposes for which it is processed;

4. Accurate and where necessary kept up to date;

5. Kept for no longer than is necessary for the purposes for which the personal data & Imagery are processed. We only retain personal data & Imagery for the purposes for which it was collected and for a reasonable period thereafter where there is a legitimate business need or legal obligation to do so. For details of our current retention policy contact paul@savvy-design.co.uk

6. Processed in a manner that ensures appropriate security of the personal data & Imagery, including protection against unauthorised or unlawful processing and against accidental loss, destruction or damage, using appropriate technical or organisational measures. We use up-to-date industry procedures to protect your personal information. We have appropriate security measures in place to protect against the loss, misuse or alteration of information that we have collected from you via our websites. However please be aware that the internet is not a 100% secure medium of communication. Paul Lane cannot therefore guarantee the security of any information you input on the website or send to us on the internet. Paul Lane is not, and will not be responsible for any damages you may suffer as a result of the loss of confidentiality of any such information.

Under GDPR you have the following specific rights in respect of the personal data & Imagery we process:

1. The right to be informed about how we use personal data & Imagery. .

2. The right of access to the personal data & Imagery we hold. In most cases this will be free of charge and will be provided within one month of receipt. To obtain a copy of the personal information we hold on you, please email us at paul@savvy-design.co.uk

3. The right to rectification where data is inaccurate or incomplete. In such cases we shall make any amendments or additions within one month of your request.

4. The right to erasure of personal data & Imagery, but only in very specific circumstances, typically where the personal data & Imagery is no longer necessary in relation to the purpose for which it was originally collected or processed; or, in certain cases where we have relied on consent to process the data, when that consent is withdrawn and there is no other legitimate reason for continuing to process that data; or when the individual objects to the processing and there is no overriding legitimate interest for continuing the processing.

5. The right to restrict processing, for example while we are reviewing the accuracy or completeness of data, or deciding on whether any request for erasure is valid. In such cases we shall continue to store the data, but will not further process it until such time as we have resolved the issue.

6. The right to data portability which, subject to a number of qualifying conditions, allows individuals to obtain and reuse their personal data & Imagery for their own purposes across different services.

7. The right to object in cases where processing is based on legitimate interests, where our requirement to process the data is overridden by the rights of the individual concerned; or for the purposes of direct marketing (including profiling)

8. Rights in relation to automated decision making and profiling

You can contact us to request to exercise these rights at any time as follows:

If we choose not to action your request we will explain to you the reasons for our refusal.

 

Your right to withdraw consent

Whenever you have given us your consent to use your personal data & Imagery, you have the right to change your mind at any time and withdraw that consent.

 

Where we rely on our legitimate interest

In cases where we are processing your personal data & Imagery on the basis of our legitimate interest, you can ask us to stop for reasons connected to your individual situation.

We must then do so unless we believe we have a legitimate overriding reason to continue processing your personal data & Imagery.

 

Direct marketing

You have the right to stop the use of your personal data & Imagery for direct marketing activity through all channels, or selected channels. We must always comply with your request.

 

Checking your identity

To protect the confidentiality of your information, we will ask you to verify your identity before proceeding with any request you make under this Privacy Notice.

If you have authorised a third party to submit a request on your behalf, we will ask them to prove they have your permission to act.

 

How can you stop the use of your personal data & Imagery for direct marketing?

You can stop direct marketing communications from us by clicking the ‘unsubscribe’ link in any email communication that we send you. We will then stop any further marketing emails from us.

Please note that you may continue to receive communications for a short period after changing your preferences while our systems are fully updated.

 

Contacting the Regulator

If you feel that your data has not been handled correctly, or you are unhappy with our response to any requests you have made to us regarding the use of your personal data & Imagery, you have the right to lodge a complaint with the Information Commissioner’s Office.

You can contact them by calling 0303 123 1113.

Information Commissioner’s Office

Wycliffe House

Water Lane

Wilmslow

Cheshire

SK9 5AF

Or go online to www.ico.org.uk

If you are based outside the UK, you have the right to lodge your complaint with the relevant data protection regulator in your country of residence. Details can be found in Section 16.

 

Our use of cookies

By using our websites you are agreeing to the use of cookies as described. Cookies are small text files that are placed on your computer by websites that you visit. They are widely used in order to make websites work, or work more efficiently, as well as to provide information to the owners of the site.Cookies are small digital signature files that are stored by your web browser that allow your preferences to be recorded when visiting the website. Also they may be used to track your return visits to the website. They improve things by…

• Remembering settings, so you don’t have to keep re-entering them whenever you visit a new page.

• Remembering information you’ve given (eg your postcode) so you don’t need to keep entering it.

• Measuring how you use the website so we can make sure it meets your needs.

Our cookies aren’t used to identify you personally. They’re just here to make the site work better for you. Indeed, you can manage and/or delete cookies as you wish.

For more information about cookies and managing them, including how to turn them off, please visit the www.allaboutcookies.org

 

Measuring website usage (Google analytics)

We use Google Analytics to collect information about how people use our websites. We do this to make sure they meeting the users’ needs and to understand how we could do it better.

Google Analytics stores information about what pages you visit, how long you are on the site, how you got here and what you click on. They do not collect or store your personal information (e.g. your name or address) so this information cannot be used to identify who you are. We do not allow Google to use or share our analytics data.

 

Any questions?

We hope this Privacy Notice has been helpful in setting out the way we handle your personal data & Imagery and your rights to control it.

If you have any questions that haven’t been covered, please contact us.

This policy was last updated on 22/05/2018




All communications between Developer/Designer and Client shall be by telephone, email, Skype or postal mail, except where agreed at the Developer/Designer’s discretion.

If a website project, the Developer/Designer will give a minimum estimate of 6-8 weeks for delivery of project regardless of the size of the web project even though delivery may be earlier than this.

If the project exceeds 10 weeks from start date or up to 2 weeks after the agreed length of the project, and the client is responsible for the delay, the Developer/Designer has the right to invoice for full payment, regardless if the job has been completed or not.

The Developer/Designer holds the rights and ownership of each Phase of the project until the amount has been paid for each part of the work.

5B Print material

It is the owners responsibility to check all content for print material, prior to going to print. The files will only be sent to print when approval has been received by email or letter as a notice of evidence. The designer cannot be held responsible for any errors to content if it has already been approved and granted to go to the printers as it is an irreversible procedure once the printers process the files.


6. Payment Terms

Prices are subject to change without notice.

All quoted prices are exempt of VAT.

All invoices must be paid in full within 7 days of the invoice date (includes weekends), except where agreed at the Developer/Designer’s own discretion.

The Developer/Designer reserves the right to decline further work on a project if there are invoices outstanding with the Client after 7 days of supply.

The Developer/Designer reserves the right to remove its work for the Client from the Internet if payments are not received within the 7 days after project is complete.

If final payment is not received within the 7 days after completion of the project, the designer/developer has the right to add an additional 8% daily charge for every day beyond the 7 day window on to the outstanding balance.

If the project runs beyond 8 weeks and the hold-up of completion of the project is from the Client, the Client may be asked by the Developer/Designer to make another instalment from the outstanding balance prior to a final payment due to loss of earnings.

Any project that involves print material must be paid prior to print, to cover cost of print with external company.


7. Liability and Warranty Disclaimer

The Developer/Designer provides their website and the contents thereof on an ‘as is’ basis and makes no warranties with regard to the site and its contents, or fitness of services offered for a particular purpose. The Developer/Designer cannot guarantee the functionality or operations of their website or that it will be uninterrupted or error free, nor does it warrant that the contents are current, accurate or complete.

The Client agrees that the Developer/Designer is not liable for any bugs, performance issues or failure of their WordPress software as this open-source software distributed under the GPL (“GNU General Public License”) and is maintained and developed by a community of thousands of users and developers. Any bugs, performance issues or failure with the software will be directed to the Wordpress communtiy at https://wordpress.org/support/

The Client agrees that the Developer/Designer is not liable for any bugs, performance issues or failure of their Joomla software as Joomla is open-source software distributed under the GPL (“GNU General Public License”) and is maintained and developed by a community of thousands of users and developers. Any bugs, performance issues or failure with the software will be directed to the Joomla Development community https://community.joomla.org/.

The Developer/Designer endeavours to provide a website within given delivery time scales to the best of its ability. However, the Client agrees that the Developer is not liable for any claims, losses, costs incurred or compensation due to any failure to carry out services within a given delivery time scale.

The Client agrees that the Developer/Designer is not liable for any failure to carry out services for reasons beyond its control, including but not limited to acts of God, telecommunication problems, software failure, hardware failure, third party interference, Government, emergency on a major scale or any social disturbance of extreme nature such as industrial strike, riot, terrorism and war or any act or omission of any third party services.

The Developer/Designer is not liable for any consequences or financial losses such as, but not limited to, loss of business, profit, revenue, contract, data or potential savings, relating to services provided.

On handover of files from Developer/Designer to Client, the Client shall assume entire responsibility in ensuring that all files are functioning correctly before use.

Whilst every effort is made to make sure files are error free, the Developer/Designer cannot guarantee that the display or functionality of the web design or the website will be uninterrupted or error free. If, after handover of files, errors are found in code the Developer/Designer has created and the standard development platform, domain name set-up and hosting set-up are the same as when work began, then the Developer/Designer can correct these errors for the Client free of charge for a period of 3 months, after acceptance of the work. After the 3-month period, the Developer/Designer reserves the right to quote separately for any work involved in correcting an error.

If, after handover of files, errors are found in code the Developer/Designer has created and the standard development platform, or the domain name set-up or hosting set-up have been changed, the Developer/Designer can correct errors and reserves the right to quote separately for any additional work needed as a result of changes to the browser software, domain name set-up or hosting set-up.

Should the Client go into compulsory or involuntary liquidation or cannot pay its debts in the normal course of business, the Developer/Designer reserves the right to cancel forthwith any projects and invoice the Client for any work completed.

The Developer/Designer shall have no liability to the Client or any third parties for any damages, including but not limited to claims, losses, lost profits, lost savings, or other incidental, consequential, or special damages arising out of the operation of or inability to operate these web pages or website, even if the Developer/Designer has been advised of the possibility of such damages.

There are sometimes laws and taxes that affect Internet e-commerce. The Client agrees that it is their responsibility to comply with such laws and will hold harmless, protect, and defend the Developer/Designer and its subcontractors from any claim, suit, penalty, tax, or tariff arising from the Client’s exercise of Internet e-commerce.

The Developer/Designer may from time to time recommend to the Client that updates are needed to their site, including but not limited to new legislation compliance, software compatibility and web standards. The Developer reserves the right to quote for any updates as separate work. The Client agrees that the Developer/Designer is not liable for any failure to inform or implement these updates to their site. The Client agrees that it shall defend, indemnify, save and hold the Developer/Designer harmless from any and all demands, liabilities, costs, losses and claims arising from omission to inform or implement these updates.


8. Indemnification

The Client agrees to use all Developer/Designer services and facilities at their own risk and agrees to defend, indemnify, save and hold the Developer/Designer harmless from any and all demands, liabilities, costs, losses and claims, including but not limited to legal fees against the Developer/Designer or its associates that may arise directly or indirectly from any service provided or agreed to be provided or any product or service sold by the Client or its third parties.

The Client agrees that this indemnification extends to all aspects of the project, including but not limited to website content and choice of domain name.

The Client also agrees to indemnify, hold harmless and defend, the Developer/Designer against any liabilities arising out of injury to property or person caused by any any product or service sold by the Client or any service provided or agreed to be provided or by third parties, including but not limited to infringement of proprietary rights, misinformation, infringement of copyright, delivery of defective services or products that are harmful to any company, person, business, or organisation.


9. Nondisclosure

The Developer/Designer and any third party associates agree that, unless directed by the Client, it will not at any time during or after the term of this agreement disclose any confidential information. The Client agrees that it will not convey any confidential information about the Developer/Designer to another party, unless directed by the Developer/Designer.


10. Interpretation

The Developer/Designer reserves the right to terminate a project with a Client at any time without prior notification if it finds the Client in breach of these Terms and Conditions. The Developer shall be the sole arbiter in deciding what constitutes a breach. No refunds will be given in such a situation.

Where one or more terms of this contract are held to be void or unenforceable for whatever reason, any other terms of the contract not so held will remain valid and enforceable at law.

By accepting a quotation or making a payment of invoice to use the services supplied, the Client acknowledges to have read, understand, and accept the Terms and Conditions of this Agreement, and agrees to be legally binding by these Terms and Conditions.

The Developer reserves the right to alter these Terms and Conditions at any time without prior notice.


Share by: