Terms, Privacy and Cookie Policy

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Terms, Privacy and Cookie Policy

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These current legal notes are in place of the Tuesday 1 September 2015.

This document was amended on the Tuesday 1 September 2015 since Friday 15 May 2015.

Amendments

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Refund Policy rephrased

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New definition: Communication

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New definition: Payment Methods

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Account Termination

Previous Amendments

 

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Friday, 15 May 2015

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Monday 24 November 2014

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Tuesday, 1 April 2014

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Monday, 21 October 2013

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Sunday, 25 August 2013

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Tuesday, 13 August 2013

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Tuesday, 14 February 2012 

First Written

Friday, 29 April 2011

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Terminology

Us, We, Our, Our Company, Company

This refers to the company name ‘Splash Work Animations’ or ‘SWA’, an acronym of Splash Work

Animations. We are commonly referred to as ‘SWA Design’.

SWA, SWA Design, Splash Work Animations

This refers to the company name ‘Splash Work Animations’ or ‘SWA’, an acronym of Splash Work

Animations. We are commonly referred to as ‘SWA Design’.

You, Your, Yourself

This refers to the client who is using our services and/or products.

Mail Server

This refers to the data including content and attachments of an email going through our server at the address of https://mail3.gridhost.co.uk

Secure Storage Facilities

This refers to a form of hard drive storage (HDD) or solid state drive storage (SSD) that holds data that cannot be altered without authorisation from SWA.

Oﬄine Software 

This refers to software that is been processed on a local device that can be run on a local connection, with or without the internet access.

Online Software

This refers to software that is been processed on a remote device that can run on a local and remote connection and requires internet access.

Mail Application

This refers to the oﬄine software we use to store, manage and communicate with our customers.

Website Live

This refers to when the public can access and view your website.

SWA Cloud

An online content management system built by SWA.

One-Oﬀ Service

This refers to a service that requires a deposit and a final payment that does not reoccur.

On-going Service

This refers to a service that requires a reoccurring payment in order to use the service.

Point of Communication

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Payment Methods

Cheque, cash or electronically via bank transfer (BAC), Stripe Payment Gateway, or via GoCardless Online Payment Gateway 

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Start of Terms & Conditions

1. The terms and conditions apply to anyone entering on our top-level domain ‘swadesign.co.uk’ and all subdomains and subsidiary directories.

2. Making contact with us via a point of communication.

Quote / Draft Design

1. Once the price of the quote has been agreed upon via a point of communication, it cannot be changed unless of an arithmetic error by us.

2. Once the first draft design is drawn in digital or non-digital design medium, it can be altered in colour, text and image but cannot be dramatically changed once a final design has been agreed upon via a point of communication.

3. During the “Quote / Draft Design” stage you do not have ownership of the design, see the Ownership section for details.

Deposits

1. A deposit is only required for a one-oﬀ service.

2. A deposit is 50% of the service cost at the price agreed in the quote unless the cost of the service is under £100.00, then a Final Payment of 100% of the total amount is due.

3. A deposit should be via one of the payment methods stated.

4. A deposit should be received within 30 calendar days.

5. If a deposit is not received within 30 calendar days, your payment will be declared overdue, see overdue payment section.

Development / Idea Generation

1. These apply only to one-oﬀ services.

2. The agreed design can be altered in colour, text and image. However it cannot look dramatically diﬀerent from the final quote / draft design and/or diﬀer from the original specification defined in the quote.

3. A Development / Idea Generation cannot go ahead without a fully paid deposit and any interest charges paid in full.

4. We cannot be held responsible for any third party involvement in the development.

5. During the “Development / Idea Generation” stage, you do not have ownership of the design and do not have the right to sell, distribute or reproduce the design or similar design by yourself and/or with another company. The ownership is with SWA. 

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Final Payment

1. These apply only to one-oﬀ services.

2. A final payment is required by one-oﬀ services in order for them to be completed. For example in Website Design & Development, this would mean making the website live and in Graphic Design, this would mean giving you the full rights to use and reproduce your logo.

3. Any pre-agreed terms to ownership will overrule the above statement.

4. A final payment is 50% of the service cost at the price agreed in the quote, unless the value of the service or product is under £100.00 then the cost would be 100%.

5. A final payment should be via one of the payment methods stated.

6. A final payment should be received within 30 calendar days, unless the payment is under £100.00 and therefore should be received within 7 calendar days.

7. If a final payment is not received within the period stated above, your payment will be declared overdue, see overdue payment section.

Overdue Payments

1. Overdue payments will be charged at 10% of the total amount including interest every 7 calendar days. e.g. if the amount owed was £100.00 it would increase to £110.00 after 7 days and then total £146.41 after 4 weeks.

On-going Services

1. These apply to all on-going services.

2. The defined specification of services in the quote cannot be altered once agreed upon.

3. The first payment of the on-going service must be paid in full, plus any interest charges before you are allowed access to use the service.

4. For example, if you were paying £10.00 per month, you would be required to pay the first occurrence (first month) before you had access to the service.

5. The first payment and re-occurring payment totalling more than £29.99 can be paid in cheque, cash or electronically via bank transfer (BAC).

6. The first payment and re-occurring payment totalling more than £0.00 but less than £29.99 must be paid electronically via bank transfer (BAC).

7. The first payment and re-occurring payments should be received within 7 calendar days.

8. If the first and re-occurring payment is not received within 7 calendar days, your payment will be declared overdue and will be charged at 10% of the total amount including interest every 7 calendar days. e.g. if the amount owed was £10.00 it would increase to £11.00 after 7 days and then total £14.64 after 4 weeks.

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Ownership

1. During the “Quote / Draft Design” and “Idea Development Stage” you do not have any ownership of the designs. Copyright remains with SWA Design.

1.1. You do not have the right to sell the designs on as yourself or on behalf of any company or individual.

1.2. You do not have the right to reproduce the exact design or similar designs until 365 calendar days after the your account has been terminated.

2. One-oﬀ services ownership:

2.1. If your one-oﬀ service is a website design, you’ll have copyright ownership of all content which includes text and images 7 calendar days after the final payment of the service is paid in full, plus any outstanding interest charges.

2.2. The ownership of the website’s design and/or template remains with SWA Design, however you can modify the design with minor alterations. If you wanted to change the design dramatically, this would be charged as a new service or product.

2.3. If your one-oﬀ service is a graphic design service, any existing logo’s, vectors, icons and/or graphics used will have their own ownership depending on who created/

designed the original graphic design 7 days after the final payment of the service is paid in full, plus any outstanding interest charges.

2.4. Any custom website development code remains the copyright of SWA. If you wish to use the code you must state the copyright or pay a license fee to modify the code.

3. On-going services ownership:

1. If your on-going service is email hosting, you’ll have ownership over all e-mail inbound and outbound of your inbox address or that relate to your domain stated in the quotation 7 days after the final payment of the service is paid in full, plus any outstanding charges. (see on-going services for payment information).

2. If your on-going service is SWA Cloud, you’ll have ownership over the personal information stated and the content including text, images and files stored via the service 7 days after the final payment of the service is paid in full, plus any outstanding charges. (see on-going services for payment information).

Extended Work

1. Labour that’s required by yourself that is beyond what is defined in the quote is charged at

1.1. £40.00 per hour, Monday-Friday 9:00 to 17:00 GMT.

1.2. £80.00 per hour, Monday-Friday 17:01 to 08:59 GMT.

1.3. £120.00 per hour, Saturday-Sunday 00:00 to 23:59 GMT.

2. Extended Work should be paid in electronically via bank transfer (BAC).

3. Extended Work payments should be received within 7 calendar days.

4. If an Extended Work payment is not received within 7 calendar days, your payment will be declared overdue and will be charged at 10% of the total amount including interest every 7

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calendar days. e.g. if the amount owed was £10.00 it would increase to £11.00 after 7 days and then total £14.64 after 4 weeks.

Refunds

1. One-oﬀ services

1. The deposit of a one-oﬀ service that is non-refundable.

2. The final payment can only be refunded 7 days the final payment has been made.

3. The refund will result in loss of service.

4. The refund is also subject to Account Termination section.

2. On-going services

1. The first payment of an on-going service is non-refundable

2. 30 days advance notice must be given before an on-going service can be terminated. See Account Termination section.

3. Only advance payments are refundable. For example: if you paid 6 months worth of services and wanted to terminate your account on the 2nd month, you would receive the service for the rest of the 2nd month and 4 months would be refunded.

3. Any interest, charges or extended work carried out are not refundable.

4. Refunds are paid out within 30 working days of an account termination via cheque or electronically via bank transfer (BAC).

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Privacy Policy

Start of Privacy Policy

1. The privacy policy apply to anyone entering on our top-level domain ‘swadesign.co.uk’ and all sub-domains and subsidiary directories.

2. Making contact with us via a point of communication.

Personal Information

1. Under the Information Act 1998, we will provide you access to only your data so corrections can be made to allow to provide correct and accurate information about yourself.

2. We store:

1. Your Name

2. Business Name

3. E-Mail

4. Full Address

5. At least 1 Telephone Number

6. No banking credentials are stored

7. No passwords are stored without your explicit permission

3. When you end your contract with us, we keep your personal data on archive for future reference and anonymous statistic use only.

4. No information is passed onto third parties.

Communications

1. Communication with us in person, by e-mail, mobile, telephone or social network oﬃcial pages is stored for reference and evidential purposes only.

2. No communications are past onto third parties.

Hosting / Remote Storage

1. Our servers are stored securely in a manned security protected building.

2. Our servers are protected online through a series of secure credentials, limiting access to the server, your files and content of your services.

3. We cannot be held responsible for credentials been overhead, overseen or through your own responsibility.

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5. Our servers are not accessed by any external parties in person or remotely without prior permission from SWA.

Cookie Policy

Start of Cookie Policy

1. The cookie policy apply to anyone entering on our top-level domain ‘swadesign.co.uk’ and all sub-domains and subsidiary directories.

2. Cookies are small pieces of data stored in your browser.

3. We use them in our SWA Cloud service to retrieve relevant information from our servers and are only stored temporarily while you are using the service.

4. We use Google Analytics which stores cookies to help provide anonymous statistics which help improve our website.

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Account Termination

1. Our Rights to ending Your Contract

1.1. Excessive work demanded by yourself without payment.

1.2. Abusive and/or threatening language or actions to SWA.

1.3. Illegal material or content that appears on your website or advert.

1.4. Attempts of hacking or misuse of our service.

1.5. Refusal of Payment on an overdue payment.

2. Your Rights to ending Your Contract

1. Your statutory rights are not aﬀected.

2. You have the right to end your service after the final payment and/or any interest/overdue payments have been paid in full, and with valid reasoning.

3. Account Termination

3.1. 30 days advance notice must be given before an on-going service can be terminated. See Account Termination section.

3.2. Once your contract with SWA has been terminated, you are still under the terms and conditions, privacy policy and cookie policy of SWA but will not receive any our services, products or communication unless you contact us further.

3.3. You will have a 5 working day cooling-oﬀ period, this applies to these services:

3.3.1. Website Design & Development

3.3.1.1. Receiving content of your website in a .txt (plain text) format only.

3.3.1.2. Images used for your website (non-editable formats only).

3.3.1.3. Domain Name Transfer

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For Your Information

If you do not agree with any of the legal notes above, please contact us at:

SWA DESIGN

FAO: LEGAL DEPARTMENT NO. 14, DE72 3RZ

We will try to respond to your matter as quickly as possible via the contact information you provide and notify you when / if changes are made.

Terms, Privacy and Cookie Policy