Terms & Conditions of Service.

These terms and conditions apply to the design and creation by Mr Jonathan Isaacs (operating under the business name of Design 1.0) of any products or media (digital or physical) or any associated services and maintenance for a client – henceforth referred to as the “Customer”, “Customers”, “Client” or “Clients”.

These terms and conditions are intended to form a binding contract between Design 1.0 and the Customer, which should be interpreted only under English (UK) law. Nothing in the following clauses overrides any statutory rights that the customer has, other than where it is agreed in law that this is allowable.

Service Delivery.

Delivery of services and products either in part or in full shall be completed within a reasonable timeframe. Although we always strive to deliver services as and when discussed or promised estimated delivery dates, project timeframes, scheduled completion or provision of services or products may change and differ to that of any original estimation or stated dates or times provided by Design 1.0 or third party services or products. No penalties financial or otherwise can be levied on, or transferred to Design 1.0s by clients (or their agents, partners or third parties) due to such changes or delays unless otherwise agreed in writing.

Once work, projects, designs or services have been invoiced for and paid by the client then then any associated work, projects, products, designs or services included in these invoices shall be deemed completed, and rendered as agreed in full. If payment for work, projects, products, designs or services remains overdue and unpaid either in part or in full for a period of 90 or more since the date of initial invoicing then Design 1.0 reserves the right to retrieve and/or remove from any platform or location either physical or virtual, or suspend any and all materials, work, projects, products, designs or services associated with overdue and outstanding payments.

Provision of Services Outside of Working Hours.
All Communication and the provision of any services outside of Design 1.0s normal working hours of Monday to Friday 9:00am – 5:00pm UK time (excluding UK Bank Holidays and Festive holidays such as Christmas Day and New Years Day) is entirely at the discretion of Design 1.0 (unless any ongoing service agreement is withstanding, fully paid and up to date, that specifies the provision of any specified services outside of our normal working hours or on UK bank holidays and festive holidays). Any work requested at these times and completed in part or in full outside of normal working hours will be charged at a higher rate unless otherwise agreed in writing.
Product Performance and Functionality.
Ongoing functionality of some digital products (such as websites, their software and connected services etc.) may require periodic maintenance and/or updates to ensure continued functionality and performance. Any work required to maintain, fix or update any such products will be chargeable when any agreed support period has ended or does not exist.

Any such work and costs can always be discussed and pre-agreed in writing at the request of the customer but in the case no agreement exists any work carried out will be charged at our standard rate.

Third-Party Products and Services

Any third party services or products whether introduced by, or purchased on behalf of clients by Design 1.0 cannot be given any guarantee of service, performance or functionality beyond the initial introduction (and/or integration) of such services/products whether as a standalone service/product or within the use of any product, service or media (digital or physical) created or supplied by Design 1.0.

Third Party services or products and their ongoing provision are outside the control of Design 1.0 and as such Design 1.0 takes no responsibility for any change in these services including but not limited to:

  • Service and/or product pricing.
  • Service and/or product delivery times.
  • Any changes in services provision.
  • Changes to software/digital/physical media licenses or license agreements.

Although Design 1.0 will endeavour to provide help and support to customers when issues or changes occur with third party products and services, no discounts, refunds or compensation will be given or are implied for changes in any third party services, products, their failure, suspension and/or discontinuation.

Supply of Media and Content by Clients.
In the event of any Customer (or any third parties on a customers behalf) supplying Design 1.0 with content or media for use in a project it is the customers responsibility to have acquired legal permission to use any such content before making that media or content available to Design 1.0. Design 1.0 take no responsibility for any copyright infringement or intellectual property theft committed due to the use of content or media supplied by a client or any of their agents and that was not sourced or supplied by ourselves.
Quotes, Deposits, Invoices, Fees and Charges.

Quotes –

Any quotes supplied by Design 1.0 to a client may not be a definitive or complete index of a projects requirements, required services and products or the total end cost of any clients project. This is especially true within the context of web design and development.

Quotes are based on products and service requested by clients and suggestions and presumptions made by Design 1.0 in order to render those services or produce those products and any media to the standard requested and as required before the commencement of work. In some cases the clients and/or project requirements change in order to create and produce the required products, services and media to finish a project, either increasing or decreasing the necessary products and services to be delivered by Design 1.0 for the client. Any cost implications of a reduction in, or the addition of products or services (that deviates from a quote) should be discussed with a us and agreed in writing. If the client requests changes or additional services after work has commenced that requires either a reduction in services or products supplied, or additional services and products supplied without any consultation on the cost implications then as long as Design 1.0s completes any such requested work by the client to the required standard then the cost of those additions will be added to, or subtracted from any final invoice at our standard rates.

Deposits –

A Deposit or Retainer may be requested by us and payment to be made before the commencement of any work for a client. If required then this is normally calculated as a percentage of the total quote provided by Design 1.0 for the work and services to be rendered or products to be delivered to the client. This Deposit or Retainer is non-refundable and acts as confirmation by the customer its wish for Design 1.0s to commence work and acts as payment in lieu for the work required to be undertaken by Design 1.0s in order to adequately deliver the agreed service/s or product/s in full or in part.

Invoices –

Invoicing for products and/or services completed by Design 1.0 will be sent via email after the completion and delivery of agreed product/services wether directly to the client, their requested agents or third parties, or in the case of online media placed on the intended web/host platform/s as required (unless otherwise agreed in writing).

Payment of invoices (not including any invoices for retainers or deposits) should be made before or on the due date clearly shown on our invoice documents. This is normally 7 calendar days from the date the invoice was sent.

If any payment is left overdue for an invoice older than 90 calendar days then Design 1.0 reserve the right to take any legal action necessary to recover any outstanding amount owed (including any added late payment penalties). In these cases any additional costs of such action will be supplementary to the amount being recovered and therefore incurred by the client and included in any payment/s incumbent to make complete and payment in full for the amount outstanding.

Fees and Penalties –

If any outstanding payment for invoices are not made within the stated time and therefore become overdue then Design 1.0 retain the right to place additional penalties on any outstanding amount. An additional late payment fee of £25 may be added to the total amount overdue. In addition, this penalty can be imposed every 7th day thereafter until full and complete payment is made, unless otherwise agreed in writing.

Our late payment penalty terms and fees are clearly stated on all relevant invoices. Late payment penalties and fees are not relevant in the case of invoices for and payment of service retainers or deposits.

Ownership of Intellectual Property and Permission of Use.

Any and all original designs, media, products and software remain the intellectual property of Design 1.0 and Jonathan Isaacs as the original author. Only once payment for any of these products and/or designs and media (wether digital or physical) has been made in full does the client have permission to use, display or distribute these products in any form for any purpose in public, on a public platform or forum regardless of wether for commercial or personal use. Doing so without permission is in breach of Copyright law and will be regarded as intellectual property theft. Copyright infringement and Intellectual property theft is an offence under UK law and carries both legal and financial penalties. Design 1.0s also reserves the right in such situations to retrieve and/or remove from any platform or location either physical or virtual , or suspend any and all materials, work, projects, products, designs or services associated with any infringements in the stated permissions of use.

Right of Refusal.

Design 1.0 reserve the right of refusal to supply any service or support (outside of any withstanding or ongoing service agreement that has been paid for in full) to any customer past, present or prospective for any reason without notice.

These terms constitute the standard agreement between Design 1.0 and any customer, notwithstanding any previous agreement be it written or oral or in any other form. Any variation to these terms are valid only if agreed in writing by Jonathan Isaacs. By engaging with Design 1.0 and requesting the design and/or production of materials and/or provision of services the customer agrees to these terms and takes full responsibility to inform themselves of the terms and conditions within this agreement.