1. Introduction
These Terms & Conditions (“Terms”) govern all projects and services provided by Elixirr Design (“we,” “us,” or “our”) to the client (“you”). By engaging our services, you agree to these Terms in full. These Terms do not affect your statutory rights under UK law.
2. Deposits & payments
- A 50% deposit is required before any work begins.
- All deposits are non-refundable once paid, as they cover our administrative time, scheduling, and initial project work.
- Deposits are not transferable to other services or future projects.
- If you are a consumer, you have a 14-day cooling-off period to cancel your contract. However, if you request in writing that we begin work before this period ends, you acknowledge that you will lose your right to cancel once the work is completed and the deposit will remain non-refundable.
- The remaining balance is due upon completion of the project, before final files are delivered, the website is launched, or ownership is transferred.
- No project will be considered complete, and no final files will be released, until you have confirmed in writing that you have reviewed and approved the final deliverables.
- Invoices not settled within 14 days of the due date may incur interest at 8% above the Bank of England base rate, in line with the Late Payment of Commercial Debts (Interest) Act 1998, plus any reasonable recovery costs.
- We reserve the right to suspend work on a project if payment terms are not met, without liability for delays caused as a result.
3. Refunds & cancellations
- Deposits are non-refundable unless we are unable to deliver the agreed services.
- If you cancel the project after work has started, you will be invoiced for any work completed beyond the deposit amount.
- Any refunds (where applicable) will be processed within 14 days.
4. Hosting fees & non-payment
- Where we provide website hosting services, hosting fees are payable in advance in accordance with the invoicing schedule provided.
- If hosting fees are not paid, or no response is received, within 14 days from the invoice due date, we reserve the right to suspend the hosted website and any related services without further notice and without liability for any resulting downtime, loss of data, or loss of business.
- Any website suspended due to non-payment of hosting fees will be subject to a £50 administration fee to reinstate services. This fee must be paid in full prior to restoration, together with any outstanding hosting charges.
5. Project scope, changes & revisions
- The agreed proposal outlines the project scope.
- Projects include a reasonable number of revisions, generally up to five rounds of changes to the agreed design, unless otherwise stated. Additional revisions beyond this may incur extra charges proportionate to the total project cost.
- Any requests that significantly alter the agreed project scope (e.g. new features, additional pages, major redesigns) will be treated as additional work and quoted separately.
- Delays in providing feedback, content, or required materials may result in extended deadlines.
6. Client responsibilities
- You must provide all necessary content, images, and information promptly, unless discussed otherwise.
- You are responsible for ensuring all materials provided are owned by you or properly licensed for use.
- You are solely responsible for proofreading and ensuring the accuracy of all content supplied, including spelling, grammar, and factual correctness.
- You are also responsible for carefully reviewing and proofreading all final designs, proofs, or deliverables before approval. We are not liable for any errors, omissions, or inaccuracies that are approved by you in the final sign-off.
- No project will be considered complete, and no final files will be released, until you have confirmed in writing that you have reviewed and approved the final deliverables.
7. Intellectual property
- All designs, code, and project assets remain our property until full payment is received.
- Upon full payment, ownership of the final approved design will transfer to you, excluding any stock images, fonts, or third-party assets which are subject to their own licences.
- You are responsible for any third-party costs such as domain registration, hosting, stock images, fonts, or software licences unless otherwise agreed in writing.
8. Client backups & data responsibility
- You are responsible for maintaining your own backups of all content, files, and project deliverables once they are delivered or the website is launched.
- We are not liable for any loss, corruption, or deletion of data after delivery.
- We can offer backup services or maintenance contracts upon request, but these must be agreed separately in writing.
9. Timelines & delays
- Deadlines must be agreed in writing prior to the start of a project.
- We are not liable for delays caused by incomplete information, late feedback, or circumstances beyond our reasonable control, including but not limited to internet outages, strikes, natural disasters, or government restrictions.
10. Testing & compatibility
- We test websites in the latest versions of major browsers at the time of delivery. We cannot guarantee compatibility with outdated browsers, devices, or future software updates unless specifically agreed in writing.
11. Third-party services
- We are not responsible for issues caused by third-party hosting providers, plugins, APIs, integrations, or software updates unless otherwise agreed in writing.
12. Limitation of liability
- We are not liable for any loss of profits, loss of business, or consequential damages arising from the use or inability to use your website or project deliverables.
- Our liability for any claim shall be limited to the total fees paid by you for the project giving rise to the claim.
13. Force majeure
- We will not be liable for any failure or delay in performance caused by events beyond our reasonable control, including natural disasters, government actions, power outages, internet failures, or labour disputes.
14. Confidentiality
- We will treat all client information as confidential and will not share it with third parties without consent, except where required by law.
15. Termination
- Either party may terminate the project with written notice.
- In such cases, you will be invoiced for all work completed up to the termination date, in addition to the non-refundable deposit.
16. Portfolio & marketing rights
- We reserve the right to display the completed project, including screenshots or excerpts, in our portfolio and marketing materials unless otherwise agreed in writing.
17. Governing law
- These Terms are governed by and interpreted in accordance with the laws of England and Wales. Any disputes will be subject to the exclusive jurisdiction of the courts of England and Wales.
By paying a deposit, you confirm that you have read, understood, and agreed to these Terms & Conditions, including the cooling-off policy if applicable.
We reserve the right to update or amend these Terms & Conditions at any time. Any changes will take effect for new projects or renewals from the date they are published on our website or otherwise communicated to you in writing.