Standard Terms & Conditions
The Local View Ltd is referred to as; we, us, (The Local View Ltd). The customer is referred to as; the client.
It is vital that you, ‘the client’ takes time to read through thoroughly and ensure you fully understand these terms and conditions and their implications before you commence any project with The Local View Ltd.
These terms and conditions govern your access and use of The Local View Ltd website and design services. By initiating a quote and project brief with The Local View Ltd you agree to be bound by these terms and conditions.
Please note that from time-to-time The Local View Ltd may need to update these terms and conditions without prior notice. If significant changes are made that affect our working agreement you will be notified by email.
Our Products and Services
The Local View Ltd will not be bound by any price quoted on the telephone. A written quotation will be given by us once we have received full instructions and reviewed the information provided. Quotations are valid for a period of 30 days, print quotes are valid for a period of 7 days and no order shall be deemed accepted until confirmed in writing.
Acceptance of Orders
The Local View Ltd contracts for the supply of goods and/or services only subject to these terms and conditions and all terms and conditions in the client’s order or enquiries inconsistent therewith shall be of no effect. Employees and agents are not authorised to make any representations in relation to services offered and the client acknowledges that it does not rely upon and waives any breach of such representation.
Acceptance of the clients order takes place when a written or printed order confirmation is despatched to the client, or if preliminary work is undertaken on the clients instructions. No order which has been accepted, may be cancelled without the written consent of The Local View Ltd and in terms that the client will indemnify The Local View Ltd in full against all costs incurred as result of the cancellation. We reserve the right to decline any order without giving any reason.
Commencement of Work
Work can commence on the clients project or design service once a full project brief is submitted, a signed Digital Services Agreement is received and payment e.g. a deposit it received.
VAT will be charged if applicable, at the rate ruling on the date of supply whether or not included on the quote, order, invoice. All work carried out, whether experimentally or otherwise, at the client’s request shall be charged.
Supply of Data Used for Design
A charge may be made to cover any additional work involved where the design data supplied or specified is not clear, legible, or in the required format/specification to produce satisfactory results. Responsibility will not be accepted for low quality/imperfect work caused by defects in the supply, format or specification of such data.
Proofs of all work may be submitted for the client’s approval. We shall incur no liability for any errors not corrected and communicated by the client for proofs submitted.
Designs are usually archived enabling us to carry out reprints, amend or extract data from previous orders. Retrieval and amendment of the designs is a chargeable service. We make no guarantee that files will be archived.
Unless negotiated and agreed in writing, the copyright of General Artwork, Commissioned Artwork and Illustrations belongs to The Local View Ltd, except where the whole printed product design is uploaded, transferred to us by the client. The client shall be responsible for all the design data they supply. The client should obtain the necessary authority to reproduce picture, artwork, photographs, graphics and logos etc. The client will indemnify us and our agents from any claim arising thereof.
The client warrants that they have full authority to reproduce any material in which copyright subsists and The Local View Ltd reserves the right to refuse to undertake any work which infringes or appears to infringe the copyright or other intellectual property rights of any third party, or which in its opinion contains any material which is in any way unlawful. The client shall fully indemnify The Local View Ltd in respect of all costs, claims, liabilities and expenses.
Suspended or Delayed Work
Work that is suspended or delayed at the request of the client or through any default of the client, for a period of 30 days we shall then be entitled to payment for work already carried out, materials specially ordered and any other additional costs including storage. Work that is scheduled but subsequently cancelled by the client must be cancelled in writing, giving 30 days notice. Any fees incurred must be covered by the client. Please also see Cancellation of Design work.
Limitation of Liability
The sole liability of The Local View Ltd in respect of any defect in, or failure of any goods or services supplied or for any shortage in the quantity of goods delivered or for any loss, injury attributable directly or indirectly thereto (other than in respect of death or personal injury) is limited to making good by replacement or repairing defects or failures which under proper use appear therein.
Without prejudice to the foregoing, The Local View Ltd shall in no circumstances be liable for any indirect or consequential loss (including without limitation loss of production, loss of profit or liability to third parties) suffered or incurred by the client, for any loss or damage in excess of the contract price for the goods or part thereof in respect of which a claim is made. We shall not be liable for any loss to the client arising from delay in transit of their goods.
Except in the case of a client who is not contracting in the course of a business or holding himself out as doing so, client’s property and all property supplied to us by or on behalf of the client shall while it is in our possession or in transit to or from the client be deemed to be at the client’s risk unless otherwise agreed and the client should arrange insurance accordingly.
Intellectual Property Rights
The Provider shall retain the ownership of any and all Intellectual Property Rights that may subsist in anything produced by the Provider in the course of providing the works. Throughout the Term of the Agreement, the Provider shall be deemed to automatically grant a royalty-free, exclusive licence of any and all such rights to the Client to use the same in accordance with the terms of the Agreement and the works.
Liability, Indemnity and Insurance
a) The Provider shall ensure that it has in place at all times suitable and valid professional indemnity insurance and public liability insurance.
b) The Provider’s total liability for any loss or damage caused as a result of its negligence or breach of the Agreement shall be limited to the sum defined as payable for the works and shall not include consequential losses.
c) The Provider shall not be liable for any loss or damage suffered by the Client that results from the Client’s failure to follow any instructions given by the Provider.
d) Nothing in these Terms and Conditions nor in the Agreement shall limit or exclude the Provider’s liability for death or personal injury.
e) The Provider shall not be obliged to indemnify the Client against any costs, liability, damages, loss, claims or proceedings arising out of the Provider’s breach of the Agreement.
f) The Client agrees to take out appropriate insurance cover to protect itself against all risks, and to be responsible for the payment of the premiums, and to ensure that the payment of the premiums does not lapse.
g) The Client shall indemnify the Provider against any costs, liability, damages, loss, claims or proceedings arising from loss or damage to any equipment (including that belonging to any third parties appointed by the Provider) caused by the Client or its agents or employees.
h) Neither Party shall be liable to the other or be deemed to be in breach of the Agreement by reason of any delay in performing, or any failure to perform, any of that Party’s obligations if the delay or failure is due to any cause beyond that Party’s reasonable control.
Online Business Profile
When you sign up for an Online Business Profile your contract term is for a minimum of 6 months. Online Business Profiles are paid for monthly at £25 +VAT or yearly £275 +VAT (including one month free if paid yearly) via direct debit or online payment.
After your minimum contract term of 6 months, you are then on a 30 day rolling contract. 30 days notice is required in writing to cancel your Online Business Profile.
Please write to firstname.lastname@example.org, 30 days notice is required to cancel your Online Business Profile. We will notify you of the date to cancel your direct debit.
Every effort will be made to obtain the best possible colour reproduction on client’s work, because of the nature of printing and processes involved, we shall not be required to guarantee an exact match in colour or texture between the client’s photograph or transparency. Where possible the client will be supplied with a printers proof for approval and errors made with specifications with reference to colour swatches, stock, quantity etc… the client is held liable for any loss.
Responsibility will not be accepted for imperfect work caused by defects in or unsuitability of materials so supplied or specified. Printing imperfections and defects will be taken up with the print supplier, (this does not include spelling, grammar or design). The print suppliers’ terms and conditions apply herein.
Loss of items through goods in transit are held with the delivery supplier. The delivery suppliers’ terms and conditions apply herein.
All printing accounts and invoices must be settled in full prior to the release of the files to the designated printer and before delivery of printed goods.
The Local View Ltd shall not be liable for any failure or delay in supply or delivery of products/services where such failure or delay is wholly or partly due to any cause or circumstances whatsoever outside the reasonable control of The Local View Ltd including but not limited to war, strikes, lockouts, industrial disputes or unrest, government restrictions or transport delays, fire, power outages, failure attributable to hosting suppliers, breakdown of plant, theft, vandalism, riots, civil commotions, accidents of any kind or act of terrorism.
Marketing and Design Samples
When instructing The Local View Ltd to carry out design and development projects the client agrees to allow a small credit with a link to The Local View Ltd on the footer of any/all website pages designed by The Local View Ltd. Removal of this credit constitutes a breach of these terms and conditions.
The client agrees to The Local View Ltd promoting /showcasing all work created during the course of a project, this includes the following marketing methods, but is not limited to; website, email marketing and social media. The Local View Ltd acknowledges the confidential nature of some projects and agrees to only display this project work once the product/service/website has been publicly launched.
Fees for Service
Fees for services will be requested through an invoice, unless work undertaken exceeds work outlined. If work undertaken exceeds the items specified in the quote, the client agrees to pay appropriate fees for the excess work, outside the scope of the original agreement. Wherever possible the client will be notified of increases in the scope of the project.
Prices will increase annually on 1st January each year by 2% or in line with the cost of inflation, whichever is greater.
Non Payment of Fees for Service
Payment of an invoice is set at 7 days from the date invoice issue. The Local View Ltd reserve the right to add interest to any unpaid invoices at a rate of 4% above the bank of England base rate and an administration fee to cover the debt recovery costs. We accept payments by online bank transfer or by cheque made payable to The Local View Ltd.
The client agrees to pay the quoted amount on completion of any design project, with the balance payable on delivery.
Website Design & Development
The client agrees to pay a 50% deposit of the quoted amount to commence any website design and development project, with the balance payable on project completion or website go-live, whichever is sooner.
If design work exceeds 4 calendar weeks or more in duration, the client agrees to a progress payment divided into 3 instalments made up of a deposit, second payment and final payment staggered across the project life span. Any additional work requested will be payable at final payment stage or upon project delivery.
For design work carried out on a regular basis (usually monthly), an invoice will be submitted at the end of each calendar month. Each invoice is payable within 7 days, our standard terms and conditions apply.
Title and ownership of any goods shall only pass to the Client upon full payment of the agreed sum to the Provider. Until title and ownership passes to the Client it should not make use of advice, goods, services and Works unless agreed in writing by the Provider.
Change of Mind
Once research and resources are allocated or design work has commenced on a project, the deposit is non-refundable. In the case of a ‘change of mind’ by the client this deposit is non-refundable. The Local View Ltd endeavours to provide graphic and web design services that meet and exceed the client’s needs and expectations. In the event of a ‘change of mind’. After a project has been commenced, the initial 50% deposit is forfeited, plus a pro rata payment based upon the time spent.
Additional Design Work
This is defined as any work that is not set out in the original brief and project proposal or changes to all pieces of finished copy/design/artwork after sign-off by an authorised representative of the client. From time-to-time the client will require extra design requirements during a project, or extra files upon completion of a project. The client will be informed that the alterations or changes requested fall outside the scope of the original quote or estimate. If the client wishes these alterations to be made, they must agree in writing.
Should additional design (not initially quoted for) be requested during the design process, a progress payment will be payable prior to further work being carried out. Otherwise, all additional costs will be added to the final invoice, payable prior to delivery of final project/website live/design files etc. Publication and/or release of work performed on behalf of the client by The Local View Ltd may not take place before cleared funds have been received.
Cancellation of Design Work
Cancellation of design work must be submitted in writing by the client giving 30 days notice. Any booking fees, delivery fees, design commencement fees, or progress payments are non-refundable once work has commenced if the contract is terminated by the client, after work has commenced.
Accounts and Invoices
Accounts and invoices that are not paid will incur a late administration fee of £25. Accounts which remain outstanding for 30 days after the date of invoice will incur an additional late payment fee equivalent to 5% of the project costs for each week payment is outstanding. If you are having difficulty paying your invoice, please get in touch, we can discuss a solution that works for you.
a) Each Party shall undertake that, except as required by Statute or as authorised in writing by the other Party, it shall, at all times during the continuance of the Agreement and for three years after its termination:
i. keep confidential all Confidential Information;
ii. not disclose any Confidential Information to any other party;
iii. not use any Confidential Information for any purpose other than as contemplated by and subject to the terms of the Agreement;
iv. not make any copies of, record in any way or part with possession of any Confidential Information; and
v. ensure that none of its directors, officers, employees, agents, sub-contractors or advisers does any act which, if done by that Party, would be a breach of the provisions of any part of this Agreement.
b) Either Party may disclose any Confidential Information to: any sub-contractor or supplier of that Party; any governmental or other authority or regulatory body; or any employee or officer of that Party or of any of the aforementioned persons, parties or bodies; to such extent only as is necessary for the purposes contemplated by the Agreement (including, but not limited to, the provision of the works), or as required by law.
c) In each case of a disclosure required under Statute each Party shall first inform the person, party or body in question that the Confidential Information is confidential.
d) The provisions of this Clause shall continue in force in accordance with its terms, notwithstanding the termination of the Agreement for any reason.
Neither Party shall, for the Term of the Agreement and for a period of two years after its termination or expiry, employ or contract the works of any person who is or was employed or otherwise engaged by the other Party at any time in relation to the Agreement without the express written consent of that Party.
Neither Party shall, for the Term of the Agreement and for a period of two years after its termination or expiry, solicit or entice away from the other Party any customer or client where any such solicitation or enticement would cause damage to the business of that Party without the express written consent of that Party.
Law and Jurisdiction
The Agreement and these Terms and Conditions (including any non-contractual matters and obligations arising therefrom or associated therewith) shall be governed by, and construed in accordance with, the laws of England and Wales.
Any dispute, controversy, proceedings or claim between the Parties relating to the Agreement or these Terms and Conditions (including any non-contractual matters and obligations arising therefrom or associated therewith) shall fall within the jurisdiction of the courts of England and Wales.
© Copyright The Local View Ltd
As a user of our website, you agree not to reproduce, retransmit, disseminate, sell, publish, broadcast, or otherwise use any material from The Local View Ltd website without our express prior written consent.
Last Updated: June 2023