TERMS OF AGREEMENT
Contact: Hello@laurendonnellydesigns.co.uk
Standard Working Hours:
Monday to Friday
9am to 5pm
By viewing, visiting or using the website and/or a Product, you indicate your acceptance and agreement to be bound by these Terms and Conditions and our Privacy Policy and Disclaimer, which are hereby incorporated by reference (collectively, this “Agreement”). If you do not accept the terms and conditions of this Agreement, then please do not use the website or any Products.
We reserve the right to amend this Agreement at any time without notice to you. We will alert you to any changes by posting the effective date of the latest version at the top of this page, at which point any changes will become immediately effective. It is your responsibility to check for updates, as your continued use of the website or any Products after this Agreement is amended will constitute your acceptance and agreement to continue to be bound by this Agreement, as amended.
The information provided on this website is for general information purposes and use only. Every endeavour is made to keep the product information complete and correct, however the customer is responsible for ensuring the product they purchase is suitable for their specific requirements. For personalised service and recommendations, please contact us via email. Please note any advice given by our staff will be based on the information provided at the time by the customer and therefore Lauren Donnelly Designs will only be responsible for correct advice per that information, not the actual situation.
Logo Designs
When booking in for a logo you will receive the specified amount of amendments to your core logo design as per the design package selected. Amendments include minor alterations such as colouring alterations, font adjustments, and layout changes. Any out-of-package amendments will be subject to an additional fee, as will be outlined to the client before additional work is carried out.
Any major changes or alterations to the package brief after works have been completed will be considered as a new branding design, and will be charged accordingly.
Fully licensed, premium stock artwork may be used in your design, unless bespoke artwork is explicitly discussed beforehand with Lauren.
Additional Designs
If you have a preferred design style for all other designs, this must be communicated before design works begin. Please make us aware of your required layout for all other designs including (but not restricted to): Instagram post/story templates, Instagram highlights, price lists, business cards, etc.
If no preferred style is communicated to us, then all designs will be created to tie in with the final logo branding style.
One minor amendment is allowed for other designs, where reasonable and at the discretion of the designer.
Colours
Despite every effort to provide accurate images of each product’s colour and design, actual colours and design may vary slightly, due to different device screen settings, the lighting in the installation location, slight differences in product finishes over time and other factors. Lauren Donnelly Design will not accept responsibility for any colour or design differences that are not factory faults. In purchasing from Lauren Donnelly Designs, you agree to accept the small risk that there will be a slight variation between the actual colour and design, and the representation on our website. In addition, please be aware that colours and textured finishes often vary between manufacturers; for example slightly different shades of ‘white’, different degrees of shininess, and different looks and feel for materials.
Any returns for a product due to customer dissatisfaction with a finish (that is not a fault) cannot be returned or refunded by Lauren Donnelly Designs. All products are made to order.
Use of Designs
All designs created by Lauren Donnelly Designs can be used for demonstrative or advertisement purposes. This includes all social media channels, website use and any portfolio galleries.
Future Amendments
Once the client receives the final branding files, this means the branding transaction is complete. Future amendments to the designs may incur an additional charge, which will be estimated on enquiry and is at the discretion of the designer.
Design Deliverables
The design process can take anywhere from a few days to a month, depending on the design package chosen and the amount of amends back and forth required. If you have a tight schedule, please make Lauren aware before confirming any design packages with payment.
Designs cannot be rushed for any reason. Please allow for a few days after the approximate delivery date given on booking.
No Refunds
We reserve the right to change our refund policy at any time.
If you have paid a 50% deposit, there is a strictly a no refund policy. If payment is made in full, a refund may be given at the discretion of the designer, for cancellations made a maximum of 7 days after the first payment is made.
Any cancellations made 7 days after the first payment date, are strictly non-refundable.
Termination of Designs
If contact has not been maintained and Lauren has not heard back from you within 28 days, all designs will be archived, your deposit will be lost, and the process will be terminated.
Design Copy
All wording for text-based designs must be supplied in a copy/paste format, not as a photograph. It is the client’s responsibility to ensure all information, spelling & grammar is correct before supplying text. A design proof will be sent to the client before final sign off, please ensure it is thoroughly read before approval. After the final designs have been sent to the client, further changes will incur an alteration charge as outlined above. The designer does not accept liability for text errors on works that have been sent to print. Please ensure your text is fully proofread.
UNITED KINGDOM AND OVER 18 USE ONLY
The website is intended only for individuals over the age of 18 residing in United Kingdom. We do not make any representations that this website is appropriate or available for use outside of United Kingdom. If you access the website or any of our Products from outside of United Kingdom, you do so at your own risk and on your own initiative. It is solely your responsibility to ensure compliance with applicable laws in your specific jurisdiction.
GUIDELINES FOR USE
We have established certain guidelines to keep our community safe (“Guidelines”). By visiting or using the website or any Product, you agree to abide by these Guidelines, which are as follows:
● You will comply with all applicable law;
● You will not upload, post, send, email, or otherwise make available any information or content which in any way infringes any copyright, trade secret, trademark, right of publicity, privacy, property or other intellectual property or proprietary rights, or any information or content which you do not have the right to make available, through any law, contractual or fiduciary relationship or otherwise;
● You will not act in any way that is fraudulent, false, misleading, deceitful or deceptive, such as by impersonating another individual or falsifying your association with an individual or entity;
● You will not upload, post, send, email, or otherwise make available any material or behave in any manner which could be perceived as harassing, demeaning, threatening, “stalking”, defamatory, sexually explicit, abusive, vulgar, hate speech, obscene, indecent or otherwise objectionable;
● You will not upload, post, send, email, or otherwise make available any material which would reveal the personal information of another individual;
● You will not behave in any manner which could limit or otherwise impact any other person’s use or enjoyment of the website and/or any Product;
● You will not engage in any unsolicited or unauthorized advertising nor will you send any spam;
● You will not attempt to gain unauthorized access to any portion of the website or any of the Products;
● You will not engage in or encourage others to engage in any activity which would violate any law, constitute a criminal offense, give rise to civil liability, or infringe on the rights of any third party;
● You will not send any materials which contain viruses, devices, information collection or transmission mechanisms, trojan horses, worms, time-bombs, adware, keystroke loggers or any other programs or code which would be harmful to, interfere with or attempt to interfere with our systems;
● You will not engage in market research or any research intended to help a competitor;
● You will not deploy any automated query program, such as a bot or spider, at any time or for any purpose without our express written consent;
● You will not block or cover any advertisements on the website;
● With the exception of any personal information you share (which is covered under our Privacy Policy), once you upload, post, send, email, or otherwise make available any material, we have the right to display, repurpose or otherwise use such material in any way; and
● You will notify us through the contact information provided below if you know or have reason to know that a violation of any of our Guidelines has occurred.
We reserve the right to deny you access to the website and any Products in our sole discretion at any time and for any reason.
INTELLECTUAL PROPERTY
The website and its content and all Products, including but not limited to videos, coursework, training modules, photographs, sound recordings, images, digital content, material available as a free download, software, text, graphics and other material, are owned or licensed by the Company and are protected by copyright, trademarks (whether registered or unregistered), design rights, database rights and all other intellectual property rights afforded to us (“Intellectual Property”).
While you may view and have access to our Intellectual Property for your own personal and non-commercial use, you agree to abide by the following:
● Our Intellectual Property must be kept intact with the proper copyright and other intellectual property notices; and
● You may not reproduce, resell, distribute, publicly perform, create derivative works, translate, transmit, post, republish, exploit, copy or otherwise use our Intellectual Property for any commercial or non-personal use, unless you have received explicit written consent from us to do so.
It is in our sole discretion to give written consent for you to reproduce, resell, distribute, publicly perform, create derivative works, translate, transmit, post, republish, copy or otherwise use our Intellectual Property. If you have any questions, please contact us using the contact information provided below.
NO WARRANTIES
Your use of this website and any Products is entirely at your risk, as the website and our Products are provided on an “as is” and “as available” basis. We do not make any express or implied warranties or representations relating to the website, its content and our Products, including but not limited to warranties of title, merchantability, fitness for a particular purpose and non-infringement of third parties’ rights. We also do not make any express or implied warranties or representations that the website will operate without error or that the website, the servers relied on, our Products and any content is free from computer viruses or other potentially harmful or destructive features. Some jurisdictions do not permit the exclusion of certain warranties. As such, some of the exclusions referenced in this section may not apply to you.
LIMITATION OF LIABILITY
To the fullest extent permissible by law, the Company and our directors, contractors, successors, joint venture partners, shareholders, agents, affiliates, officers, employees, assignees and licensees, as applicable, shall not be liable for any direct, indirect, special, incidental, consequential, exemplary or other loss or damage, including but not limited to damages for loss of profits, goodwill, business interruption, use or loss of data or other intangible losses, which may directly or indirectly arise out of or be related to your use of or inability to access this website or any Products or your reliance on any advice, opinion, information, representation or omission contained on, or received through this website or any Products, even if we have been advised of the possibility of such damages occurring.
This limitation of liability applies whether such liability arises from tort, negligence, breach of contract or any other legal theory of liability.
INDEMNIFICATION
You shall indemnify, defend and hold harmless the Company and our affiliates, and our respective directors, contractors, successors, joint venture partners, shareholders, agents, affiliates, officers, employees, assignees and licensees from and against any and all damages, liabilities, losses, costs and expenses resulting from any suits, proceedings, judgments, demands, causes of action and claims (collectively, the “Claims”), including legal and accounting fees and expenses, whether or not involving a third party claim, to the extent arising out of, relating to or resulting from: (i) your use or misuse of this website or any of our Products, (ii) your breach of this Agreement, or (iii) your violation of any third party rights, including without limitation any copyright, trade secret, trademark, right of publicity, privacy, property or other intellectual property or proprietary rights. We will provide you with notice of any Claims, and may in our sole discretion assist you, at your expense, in defending such Claims. We reserve the right to assume exclusive control of defending any such Claim, at your expense, including choice of legal counsel. You agree to cooperate and assist us in defending any such Claim.
LIMITED LICENSE
Notwithstanding any other provisions in this Agreement, if you purchase any Products or download any of our free Products, we grant you a limited, non-sublicensable, non-transferable, non-exclusive, revocable license (“License”) to use or access the Products for your personal and non-commercial use. You may not reproduce, resell, distribute, create derivative works, translate, transmit, post, republish, exploit, copy or otherwise use our Products for any commercial or non-personal use.
Your License is for individual use. You have no right to assign any of your rights or transfer any of your obligations under this Agreement. If we discover that any violation of the terms and conditions in this Agreement has occurred, including violation of the License granted to you, we reserve the right to terminate your access to the Products and invoice you for any damages.
CONFIDENTIAL INFORMATION
Please do not upload, post, send, email, or otherwise make available any material that contains any confidential information.
FEES
When you purchase any Product through this website, you are responsible for all applicable fees and taxes. It is your responsibility to provide complete, accurate and up-to-date billing and credit card information. If you are on a payment plan or recurring payment, it is your responsibility to keep an up-to-date payment method with us. If your payment method is declined or expired, you hereby agree to pay all applicable fees and taxes due upon demand. You also agree to pay all costs of collection, including but not limited to attorney’s fees, on any outstanding balance.
WEBSITE AVAILABILITY
Your access to the website or Products may be occasionally restricted, such as when we need to make repairs or are introducing new features. Your access to the website or Products may also become permanently disabled, such as if we decide to terminate the operation of the website or Products. We cannot guarantee that you will have continuous access to the website or Products.
GOVERNING LAW
All matters relating to or arising out of this Agreement shall be governed by and construed and interpreted under the laws of United Kingdom without regard to conflicts of laws principles that would require the application of any other law.
INJUNCTIVE OR OTHER EQUITABLE RELIEF
We may seek injunctive or other equitable relief that is necessary to protect our rights and intellectual property. All actions or proceedings related to this Agreement that are not subject to binding arbitration will be brought solely United Kingdom. You hereby unconditionally and irrevocably consent to the personal and subject matter jurisdiction of those courts for purposes of any such action.
CLASS ACTION WAIVER
You agree that any dispute arising out of or relating to this Agreement shall be solely between you and the Company.
YOU AGREE TO WAIVE THE RIGHT TO LITIGATE IN COURT OR ARBITRATE ANY CLAIM OR DISPUTE AS A CLASS ACTION. YOU AGREE THAT YOU WILL ONLY MAKE CLAIMS AGAINST US IN YOUR INDIVIDUAL CAPACITY, AND CANNOT MAKE CLAIMS AGAINST US AS A MEMBER OF A CLASS OR AS A REPRESENTATIVE.
ENTIRE AGREEMENT
This Agreement, the Privacy Policy and Disclaimer contain the entire agreement between you and the Company with respect to the subject matter hereof and thereof and supersede all prior agreements and undertakings, both written and oral, with respect thereto.
TERMINATION OF AGREEMENT
We reserve the right, in our sole discretion, to terminate this Agreement and to terminate, restrict, deny, or suspend your access to the website and all Products at any time and for any purpose without prior notice. We also reserve the right to discontinue any or all of the website or Products at any time and for any purpose without prior notice.
SEVERABILITY
If any term or other provision of this Agreement is held to be invalid, prohibited or unenforceable under applicable law, the other provisions of this Agreement will remain in full force and effect.
MISCELLANEOUS
Our failure to act on or delay in exercising any privilege, power or right under this Agreement will not operate as a waiver of such privilege, power or right, and no single or partial exercise of any such privilege, power or right will preclude any other or further exercise of such privilege, power or right or the exercise of any other privilege, power or right.
Subheadings in this Agreement are used for convenience of reference only and in no way define, describe, limit or extend the scope of this Agreement or the intent of any of its provisions. They shall not be considered in construing or interpreting this Agreement.
The terms and conditions of this Agreement shall inure to the benefit of and be binding upon the successors, heirs, executors, administrators, legal representatives and assigns of the Company. Nothing in this Agreement, express or implied, is intended to confer upon any party other than the Company or our successors, heirs, executors, administrators, legal representatives and assigns, any rights, remedies, obligations or liabilities under this Agreement. You may not assign any of your rights or transfer any obligations under this Agreement to any other person.
If any action at law or in equity is necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorneys’ fees, costs and disbursements in addition to any other relief to which such party may be entitled.