Terms of Services

1. General Terms & Conditions of Business

1.1 Quotes & Prices

1.1.1. All quotes/estimates are valid for 30 days from the date of submission.
1.1.2. Quotes/estimates are based on information provided by the Client, including details on quantities, structure, scope, and functionality. Any quote/estimate may change if the client’s requirements change.
1.1.3. Quotes/estimates are based on the Agency’s current costs and are subject to amendment after acceptance to account for any rise or fall in such costs.
1.1.4. Any pricing or quote sent via email prior to a contract is an estimate; the actual cost may vary depending on work performed.
1.1.5. Estimates of completion or performance times are estimates only; time is not of the essence.
1.1.6. Timescales rely on the client providing all required information, copy, and images on time.
1.1.7. In case of conflict in pricing, standard pricing prevails.

1.2 Methods

1.2.1. The Agency reserves the right to sub-contract any part of an order.
1.2.2. Origination and conceptual work, including copyrights, remain the property of the Agency unless agreed in writing.
1.2.3. Client property in the Agency’s possession is at the Client’s risk unless otherwise agreed.
1.2.4. The Agency will not use or host content it considers illegal, libellous, or infringing.

1.3 Invoices & Payment

1.3.1. Payment is due at the start of each working month.
1.3.2. We reserve the statutory right to interest under the Late Payment of Commercial Debts (Interest) Act 1998 if payment is late.
1.3.3. All work remains copyrighted to the Agency until payment is made.
1.3.4. Invoices are subject to UK VAT at the current rate unless a valid exemption applies.
1.3.5. Payments must be in UK Pounds Sterling unless agreed otherwise.
1.3.6. Work completed after project inception will be billed as Work in Progress (WIP) at the end of each calendar month.
1.3.7. Costs incurred due to Client neglect or default may be charged in addition to the contract price.
1.3.8. If payment is overdue, the Agency may suspend work without notice, and payment becomes immediately due.
1.3.9. Returned payments incur a £50 charge per occurrence.
1.3.10. We do not guarantee sales results; payments are for services rendered professionally and accurately.

1.4 Insolvency

1.4.1. If the Client becomes unable to pay debts or is subject to insolvency actions, the Agency may:
1.4.1.1. Cease work and charge for work already completed.
1.4.1.2. Place a lien on goods in possession and dispose of them after 14 days to recover debts.

1.5 Force Majeure

1.5.1. The Agency is not liable for failure to perform due to causes beyond control (e.g., natural disasters, strikes, legislation). During such events, the Client may elect to terminate the contract and pay for work done.

1.6 Information Provided by You

1.6.1. Clients must provide accurate name, address, and payment information and notify the Agency of any changes.
1.6.2. Clients confirm they have the legal right to enter into this Agreement and use Agency services.

1.7 Indemnity

1.7.1. Clients indemnify the Agency against liabilities, claims, or damages resulting from breach of this Agreement or misuse of services.
1.7.2. The Agency will notify the Client promptly of any indemnity claim and allow participation in its defence.

1.8 Limitation of Liability

1.8.1. All implied warranties, except those required by law, are excluded.
1.8.2. Liability for death or personal injury due to negligence is not excluded.
1.8.3. Claims must be notified within one year.
1.8.4. The Agency is not liable for indirect, special, or consequential losses.
1.8.5. Services are provided with reasonable care; third-party goods are supplied without warranties, but any supplier guarantees will be assigned to the Client.

1.9 General Terms

1.9.1. Governed by the laws of England; disputes submit to English courts.
1.9.2. Agency not liable for delays caused by events beyond control.
1.9.3. All client/agency documents are confidential.
1.9.4. These terms contain the entire agreement and supersede previous agreements.
1.9.5. Notices may be sent via email or post; deemed received on the day sent or two days after posting.
1.9.6. Headings and numbering do not affect interpretation.
1.9.7. No joint venture or employment relationship is created.
1.9.8. Agency may revise terms without prior notice; revisions will be posted.
1.9.9. Invalid provisions do not affect the remainder.
1.9.10. The Agreement takes effect when services are ordered; acceptance of these terms is mandatory.
1.9.11. Clients cannot assign the Agreement without written permission.

1.10 Service Level Agreements

1.10.1. SLA hours can be used flexibly, excluding fixed costs like hosting or advertising.
1.10.2. Campaign directions may change if it benefits client outcomes.

2. Digital Media Terms & Conditions

2.1 Programming

2.1.1. Sites are programmed to be secure at delivery; no indemnity against future threats.
2.1.2. Post-completion amendments are charged at standard rates.
2.1.3. Websites are developed for current browsers; further compatibility must be requested upfront.

2.2 Ownership

2.2.1. Ownership of pages and copyright remains with the Agency until payment is received; then ownership passes to the Client for page-specific content.
2.2.2. Code ownership remains with the Agency; use of code does not transfer title.

2.3 Content

2.3.1. Client supplies copy in clear and usable form; responsible for content accuracy.
2.3.2. Images should be optimized; the Agency is not responsible for third-party software or results.
2.3.3. Client must approve design and content after testing.
2.3.4. Legal disclaimers/privacy policies provided are advisory; Client must confirm compliance.

3. Website Hosting and Email Terms & Conditions

3.1 Summary

• Service availability cannot be guaranteed 100%.
  
  
• The Agency and suppliers are not liable for service loss.
  
  
• Services may be removed for non-payment or misuse; restoration may incur costs.
  
  
• Work outside scope is charged at £100/hour.
  
  
• Server management includes monitoring, updates, and technical advice.
  
  
• Standard support is provided 9am–5pm Mon–Fri; 24/7 ticket support by suppliers.
  
  

3.2 Website & Email Content & Use

3.2.1. No warranty is given for accuracy of data received; clients warrant content accuracy.
3.2.2. Clients must use the website lawfully and avoid illegal, infringing, or malicious content.
3.2.3. Bulk email campaigns are prohibited.
3.2.4. Clients are responsible for complying with legislation and user age requirements (minimum 16).
3.2.5. The Agency may remove inappropriate material without notice.

3.3 Charges

3.3.1. All charges must be paid in advance without set-off or deduction; prices may change for future periods.
3.3.2. Payment is due each anniversary month, quarter, or year until closure notice.
3.3.3. The Agency may cancel contracts or campaigns if deemed necessary.

Contact: For enquiries, email info@pearllemon.com