Terms & Conditions

Introduction

These terms and conditions together with the scope of services form a legal agreement between us, Hexa Ltd (“the Supplier”) and you (“the Customer”)

Within the context of this agreement, the following definitions apply: –

“Agreement” means the project proposal, scope of services, Terms and Conditions and any other relevant documentation

“Start date” means the date the project formally begins

“Completion date” means the date a project is considered as finished for billing purposes

“Scope of Services” means the services to be carried out by the Supplier to meet the Customer’s requirements

“Sign off” means final approval of any preliminary designs and mock-ups

“Variation Order” means any billable work that is outside the original scope of services

 

1. Scope of Services

Upon conclusion of all preliminary discussions between us, a Scope of Services document will be provided setting out details of your requirements and how these will be met by us. Anything not described within this scope will not be deliverable within the project fee.

This document will supersede all preliminary discussions, emails and documentation so please do check carefully to ensure that it meets your expectations.

 

2. Quotations

Quotations remain valid for 30 days from their creation. Please discuss with us if you wish a more flexible quote expiry.

 

3. Design Process

After payment of the initial deposit, we will commence work to produce your project that meets your requirements. The final payment will become due upon completion of the project and signed off by you.

Alterations and amendments that fall outside of the original scope of services will be charged at an additional cost (see Variation Orders below).

 

4. Variations Orders

We realise that creativity is a process and on occasion, work is required that falls outside the initial Scope of Services.

In these circumstances, we will always try to accommodate the request for no additional fee. However, If the change in question causes an increase in the project workload, it will be treated as a billable Variation Order.

Variation Orders will be charged at an hourly rate of £25 per hour.

Variation Orders may delay the project completion date.

 

5. Disclosure

Unless otherwise agreed, we maintain the right to show work undertaken on your behalf as part of our portfolio and for use on our website.

 

6. Payments

All invoices fall due for payment within 7 days of issue unless otherwise arranged. Late payment may result in additional charges. We reserve the right to charge interest at a rate of 2% per month in respect of any unpaid invoices.

Until full payment is received we retain full ownership of the project that we produce.

 

7. Delays

We shall use all reasonable efforts to meet the agreed milestones of a project. If for any reason a due date needs extending, we will provide written notice.

Any delays caused by conditions beyond the reasonable control of the parties shall not be considered as a breach of the agreement. Conditions beyond the reasonable control of the parties include but is not limited to natural disasters, power failure, fire, flood, acts of war and terrorism.

 

8. Cancellation

You can cancel a project at any time and for any reason by informing us in writing. At our discretion, we may cancel a project at any time if any invoice goes unpaid, if anyone from your organisation is abusive towards any staff member, or if all reasonable attempts to contact you go unanswered for 28 days or more.

In the event of a cancellation, any design or development work that has been completed will be invoiced at an hourly rate of £25 per hour. If a deposit has already been paid, a refund will be given for the difference if the deposit is greater than the balance due. If the balance due is greater than the deposit, an invoice will be raised for the difference.

We reserve the right to terminate any project associated with immoral materials including, but not limited to pornography, drugs and violence.

 

9. Confidential Information

We will always maintain the confidentiality of a customer’s information and shall not without your prior written consent use, disclose, copy or modify such information (or permit others to do so) other than as necessary for the performance of its rights and obligations under the agreement.

 

10. Dispute Resolution

We hope to provide a friendly and professional service to our customers. Should any dispute arise at any time it is our hope that these can be resolved by negotiation.

In the unlikely event that a dispute cannot be resolved, we will, if appropriate, provide a refund of any fees paid by you.

 

11. Representation & Warranties

You, as the customer represents and warrants to us that to the best of your knowledge, use of your content does not infringe the rights of any third party.

We provide a bespoke service and projects worked on by us are done from scratch. However, we accept no liability for any infringement of any third-party Intellectual Property this includes but is not limited to copyright in fonts, images and phrases

Our liability to you in contract, tort (including negligence), for misrepresentation (whether innocent or negligent), for breach of statutory duty or otherwise arising out of or in connection with this Agreement shall not extend to any loss of profits, business opportunity, goodwill, data, anticipated savings or any special, indirect or consequential loss or damage whatsoever, even if foreseeable or if we have been advised of the possibility of such damage.

 

12. Marketing

Upon signing our proposal, we will add you to our email newsletter – this is an infrequent email sent out with various offers, important updates and other fun stuff! Please note this can be opted out of at any time using a link in the newsletter.

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Address

Unit 25 Lister Close Business Park,

Plympton, Devon

PL7 4BA

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