Innovation By Design Terms and Conditions

WELCOME TO OUR WEBSITE

If you continue to browse through and use this website, you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy govern Innovation by Design’s relationship with you in relation to this website. If you disagree with any part of these terms and conditions, then please do not use our website!

INTRODUCTION

Welcome to our website, owned and operated by Innovation by Design. By accessing or using our website, you agree to be bound by these terms and conditions, which may be updated from time to time.

INTELLECTUAL PROPERTY

Ownership: As the client, you acknowledge that Innovation by Design retains all intellectual property rights in the work produced, including but not limited to:

    • The design concept, layout, and visual elements of the website.
    • The source code, programming, and functionality of the website.
    • Any custom graphics, logos, or other creative elements developed for the website.

Limited License: By accepting these terms and conditions, you are granted a limited license to use the work produced by Innovation by Design for your personal or business purposes only. You are not authorized to use the work for any other purpose without our prior written consent.

Shopify Templates: As we use Shopify templates in our designs, we acknowledge that Shopify owns the intellectual property rights in those templates. We are authorized to use and modify the templates for our clients' websites, but you agree not to use the templates separately or reproduce them without Shopify's permission.

Use Restrictions: You may not:

    • Use the work produced by Innovation by Design in any way that infringes on our intellectual property rights or those of third parties.
    • Reproduce, modify, adapt, or distribute the work without our prior written consent.
    • Use the work as a basis for creating derivative works or competing products.
    • Allow any third party to use or access the work without our prior written consent.
Client Responsibilities: As the client, you agree to:
    • Ensure that all content provided by you is accurate and compliant with applicable laws and regulations.
    • Obtain all necessary permissions and licenses for any third-party content used in the website.
    • Use the website in accordance with our agreement and applicable laws and regulations.

Termination: If you fail to comply with these terms and conditions or infringe on our intellectual property rights, we reserve the right to terminate our agreement and take legal action to protect our intellectual property.

Governing Law: These terms and conditions are governed by English law and subject to the exclusive jurisdiction of the English Courts.

Data Protection

We will process any personal information you provide in accordance with the Data Protection Act 1998 (as amended) and our Privacy Policy.

CONFIDENTIALITY

Confidential Information: For the purposes of this agreement, "Confidential Information" means any information disclosed by the client to Innovation by Design, whether in writing, orally, or through observation, including but not limited to:
    • Business strategies and plans;
    • Financial information and budget details;
    • Trade secrets and intellectual property;
    • Personal data and sensitive information;
    • Any other information that is marked as confidential or is reasonably understood to be confidential.
Confidentiality Obligations: Innovation by Design agrees to:
    • Keep all Confidential Information confidential and not disclose it to any third party without the prior written consent of the client.
    • Use Confidential Information solely for the purpose of performing our obligations under this agreement.
    • Take reasonable precautions to prevent unauthorized access, use, or disclosure of Confidential Information.
Exceptions: The confidentiality obligations do not apply to Confidential Information that:
    • Is or becomes publicly available through no fault of Innovation by Design;
    • Was lawfully obtained from a third party who has the right to disclose such information;
    • Is required to be disclosed by law or regulation;
    • Is already known to Innovation by Design without any obligation of confidentiality;
    • Is developed independently by Innovation by Design without use of or reference to Confidential Information.

Return of Confidential Information: Upon termination of our agreement or upon request by the client, Innovation by Design will promptly return all Confidential Information and destroy all copies in its possession.

Employee and Subcontractor Obligations: Innovation by Design will ensure that all employees, contractors, and subcontractors who have access to Confidential Information are informed of and agree to comply with this confidentiality clause.

Indemnification: The client agrees to indemnify and hold harmless Innovation by Design against any claims, damages, or expenses arising from any breach of this confidentiality clause.

Governing Law: This confidentiality clause is governed by English law and subject to the exclusive jurisdiction of the English Courts.

Changes: We reserve the right to update or modify this confidentiality clause at any time without notice. Changes will become effective immediately upon publication on our website.

Monitoring

We reserve the right to monitor use of this website and use the information collected for internal business purposes or as required by applicable regulatory or self-regulatory organisations.

Liability

We exclude all warranties, conditions, and other terms that might otherwise be implied by law, including any liability for direct, indirect, or consequential loss or damage incurred by any user in connection with this website or its use.

Governing Law
These terms and conditions are governed by English law and subject to the exclusive jurisdiction of the English Courts.


Links to Third-Party Websites
Links from our website to third-party websites are provided solely for your convenience. We do not endorse or take responsibility for the content on third-party websites or their availability.

Viruses and Offences

You must not misuse this website by knowingly introducing viruses, worms, logic bombs, or other material that is malicious or technologically harmful. Breaching this provision may result in criminal charges being brought against you.

Acceptable Use Standards

You may use our website only for lawful purposes. You must not use our site to transmit unsolicited advertising or promotional material, or to transmit material that is defamatory, obscene, inflammatory, sexually explicit, promotes discrimination or harassment based on various grounds, infringes intellectual property rights, or is likely to deceive any person.

PAYMENT TERMS

Payment Methods: Innovation by Design accepts [insert payment methods, e.g. bank transfer, credit card, PayPal].

Payment Schedules: The total payment for our services is [insert total payment amount]. We offer the following payment schedules:

    • One-off payment: Pay the full amount upfront, due before I commence work on your project.
    • Four-payment plan: Pay [agreed amount] every [as agreed] for [up to 4] payments, with the first payment due on commencement of project

Payment Due Dates: Payments are due on the dates specified above. If you choose the four-payment plan, each payment will be due on the same day of each month.

Late Payments: If a payment is late, we reserve the right to:

    • Charge a late fee of £25.00
    • Suspend or terminate our services until the outstanding balance is paid in full;
    • Send reminders and notifications to collect the outstanding amount.

Dispute Resolution: If there is a dispute regarding a payment or billing issue, we will work together to resolve the issue promptly and fairly.

Refunds: In case of cancellation or termination of our agreement, we will refund any prepaid amounts minus any outstanding fees or expenses incurred by us.

Governing Law: These payment terms are governed by English law and subject to the exclusive jurisdiction of the English Courts.

Changes: We reserve the right to update or modify these payment terms at any time without notice. Changes will become effective immediately upon publication on our website.

Cancellation Policy

At Innovation by Design, we understand that circumstances can change, and sometimes clients may need to cancel their website design project. To ensure a smooth process, we have established the following cancellation policy:

Notice Period

  • For projects with a payment schedule, cancellation is only possible within the notice period specified in the payment schedule. If you wish to cancel before the end of the notice period, you will be required to pay a cancellation fee equal to the amount of work completed up to the date of cancellation.
  • For projects with a fixed-price agreement, cancellation is only possible with a minimum notice period of 30 calendar days. If you wish to cancel within this period, you will be required to pay a cancellation fee equal to 50% of the total project cost.

Cancellation Fees

  • Cancellation fees will be calculated based on the amount of work completed up to the date of cancellation. The fee will be deducted from any deposit or payment made.
  • For projects with a payment schedule, the cancellation fee will be equal to the amount of work completed up to the date of cancellation.
  • For projects with a fixed-price agreement, the cancellation fee will be equal to 50% of the total project cost.

Results Upon Cancellation

  • Upon cancellation, all work will cease, and no further development will be undertaken.
  • We will not provide refunds for any services already performed or materials provided prior to the cancellation date.
  • You will remain responsible for paying any outstanding invoices or cancellation fees.

Exceptions

  • In cases where we are unable to complete the project due to circumstances beyond our control (e.g., natural disasters, pandemics, or government restrictions), we may need to cancel the project and refund any prepaid payments.
  • In cases where you breach the terms and conditions of our agreement, we reserve the right to cancel the project and terminate all services immediately.

Changes to Cancellation Policy
We reserve the right to update or modify this cancellation policy at any time without notice. Changes will become effective immediately upon publication on our website.

Queries or Concerns
If you have any queries or concerns regarding your use of this website or these terms and conditions, please contact us at tim@innovationbydesign.shop