Terms & Conditions

Last updated: 27 January 2022

Terms of use for this website

The use of this website ("Site") - http://matthewelsom.com - is subject to the following terms of use ("Terms"). Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use this Site. By accessing or using this Site you agree to be bound by these Terms. If you disagree with any part of the Terms then you may not access the Site.

Intellectual Property

This Site allows you to view certain information, text, graphics, videos, or other material ("Content"). All copyright, trade marks, design rights, patents and other intellectual property rights (registered and unregistered) belong to Matthew Elsom ("Us") and/or third parties. Nothing in the Terms grants you a right or license to use any trade mark, design right or copyright owned or controlled by Us or any other third party.

Encrypted Content

("Encrypted Content") refers to content of any nature that is visually hidden/impaired or concealed on this Site. All Encrypted Content shall be kept strictly confidential and shall not be disclosed to any third party. Any permissions or access granted to unlock Encrypted Content is subject to written approval. Encrypted content may not be copied, transferred or shared to any other third parties or services without express consent from Us - this includes screen recording/capturing.

Links To Other Web Sites

This Site may contain links to third-party web sites or services that are not owned or controlled by Us. We have no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Matthew Elsom shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.

Contract Services

All services provided by Matthew Elsom to any Client are subject to the following terms and conditions.

You (the ‘Client’) are required to agree to work in writing (via email or mail) before we (the ‘Agency’) start. All agreements are subject to these Terms and Conditions in addition to any specific project terms detailed on the estimate. An ‘order’ is a written contract between You and the Agency, this includes email requests. Orders are also governed by these Terms and Conditions.

Intellectual Copyright

We (the ‘Agency’) hold intellectual copyright of any material, including source code, interface layouts, artwork and original images created as part of your project.

Website Content

In situations where you provide images, text, animations, layouts or any other content for your website (site/app) you are legally responsible for ensuring that this material is true and correct and does not infringe copyright. We will not accept liability for any claims made against content provided by the Client. We also recommend that all site/app content is provided by the Client before work commences - We cannot be help responsible for delivery delays due if all content was not provided upfront.

Wireframes and User Flows

Wireframes are a visual guide that represent the skeletal framework of a website layout, including website content, interface elements and navigational systems. Wireframes may/may not be produced for your site/app.

Concepts/Interactive Prototype

Design concepts or prototypes are visual mock-ups of how your site/app will look when developed. They may/may not be produced for your site/app. The final site/app may differ from the concept due to technical limitations.

Changes and Revisions

Estimate/quotation prices are based on the number of hours we anticipate we will need to accomplish everything that you have told us you want to achieve, including iterations. If you want to change your mind, add extra pages or new functionality, that won’t be a problem but will incur additional charges.

Domain Name Registration

All third party costs arising from the registration of a domain name shall be met by the Client. If we register a domain name on your behalf we will use your name and address and register you as the domain owner. You remain responsible for ICANN compliance and administration of the domain.

Stock Images/Graphics

Images purchased by the Agency on your behalf are under licence from stock image suppliers. These images are generally only licensed for use on a single site/app. The licence may not permit them to be used in publicity material e.g. advertisement. If you wish to use any images from the site/app for any other purpose please contact us for clarification.

The client will remain responsible for ensuring their website assets are licensed appropriately.

Search Engine Optimisation/Promotion

We design websites that are search engine friendly and can advise strategies to help promote your website in search engines such as Google. While we endeavour to optimise your website for search engines, we cannot make any guarantees on ranking position.

Compliance with Ecommerce, Accessibility or other Regulations

It is your responsibility to ensure that the site/app and its content comply with current online trading laws and regulations. We cannot accept responsibility for any failure to comply with laws and regulations related to accessibility, selling online or those related to a specific business or trade. We will not be liable or become involved in any disputes between the site owner (you) and their clients (your customers) and cannot be held responsible for any wrongdoing on the part of a site owner.

Hosting and Third-party Services

We use third-party web services and platforms to host your site/app including, but not limited too; Webflow, Shopify, Wordpress, Squarspace, Cloudflare, Mailchimp, Typeform. We have selected these providers as we believe they deliver a ‘best-in-class’ service. However, we cannot guarantee the services they provide, this includes their commitment to security, privacy, and uptime. We will not be help responsible for any issues relating to any third-party service provider used as part of your site/app. Please refer to the third-party services terms and conditions before engaging us.

Your Privacy

We will not sell any of your details with third party companies.

Estimations/Quotations

The price we provide is for the work specifically agreed only. Should you decide that changes are required after we have started there may be a surcharge. Unless otherwise stated, quotations are valid for 30 days from the date of receipt.

Payment

Payment is expected promptly and in any event within 30 days of the date of the relevant invoice/s. We reserve the right to request a deposit.

Cancellation

We reserve the right to retain the deposit if you wish to cancel at any point during the process. You will also remain liable for any work that has taken place, this includes draft concepts or designs. Any time we have spent on your project will be charged by applying a standard hourly rate (see Changes and Revisions). We reserve the right to cancel the contract at any stage, in which case we will return all amounts paid, less: any costs incurred to third-party services.

Future support

We are happy to provide ongoing support and updates charged at our standard hourly rate.

Liability

Problems caused by malicious software, spyware, viruses and website hacking are a fact of life on today’s Internet. We cannot be held responsible for problems caused by any illegal activity or the actions of others. We will not be liable for any costs incurred, compensation or loss of earnings due to the unavailability of the site, its servers, software or any material provided by its agents. You shall indemnify and hold us (the ‘Agency') free and harmless from and against any and all claims, losses, costs, demands, damages, suits, judgments, penalties, liabilities, debts, expenses and causes of action and every other claim or litigation (including all costs and fees) for bodily injury, illness, disease, or death to any Third Party and/or loss of or damage to any Third Party property (whether real or personal) and/or for any and all other loss (including financial loss), damage or delay sustained by any Third Party howsoever caused.

By agreeing to these terms and conditions your statutory rights are not affected. We reserve the right to change or modify any of these terms or conditions at any time. Should clarification of any of the above be required please contact us.

Changes

We reserve the right, at sole discretion, to modify or replace these Terms at any time.

Contact Us

If you have any questions about these Terms, please contact us.