Terms & Conditions

Disclaimer and Warranty

Designs By Tatty is providing this site on an ‘as is’ basis and makes no representations or warranties of any kind with respect to this site or its contents and disclaims all such representations and warranties.   In addition, Designs By Tatty makes no representations or warranties   about the accuracy, completeness, or suitability for any purpose of the information and related graphics published on this site.

The information contained in this site may contain technical inaccuracies or typographical errors. All liability of Designs By Tatty howsoever arising for any such inaccuracies or errors is expressly excluded to the fullest extent permitted by law.

Liability

Neither Designs By Tatty nor any of its directors, employees or other representatives will be liable any loss or damage whatsoever arising out of or in   connection with the use of this site. This is a comprehensive limitation of liability that applies to all damages of any kind, including (without limitation) compensatory, direct, indirect or consequential   damages, loss of data, income or profit, loss of or damage to property and claims of third parties.

Not withstanding the foregoing, none of the exclusions and limitations in the clause are intended to limit any rights you may have as a consumer under local law or other statutory rights which may not be excluded nor in any way to exclude or limit Designs By Tatty liability to you for death or personal injury resulting from our negligence or that of our employees or agents.

Invoiceable Costs

Invoiceable costs are one-time costs that are billed prior to work. These include the cost of purchasing necessary software, as well as the cost of all services provided (including design, development, system administration, and training).

Recurring Costs

The client is responsible for any recurring costs directly related to the operation of their web site and services. This includes server fees, domain name re-registration. If software specified in the Invoiceable Costs section includes recurring licensing fees, then the client is responsible for the cost of renewal, even if the initial purchase was covered in the initial invoice (in these cases, we’ll usually figure something out to make billing as easy as possible).

The client is responsible for the cost of incidental software upgrades (if they choose to upgrade their software).

After Care

A lot of the time, issues don’t become apparent until after a project is finished. After care is a way to respond to issues that happen within the near lifetime of the project, and also as a way for a client to request small tweaks and additions that they might not even have known they wanted until after the project was finished.

After care includes things like server administration, small amounts of additional development, bug fixes, editing content or adding additional content to a site. For example, setting up an additional email address, or changing the timings for an auto-responder series.

Creating new content, or administering content on a site does not fall under after care and must be paid for as a separate service (see ‘Content Management’ below).

Should the length of time required to perform a single action be estimated at greater than 10 hours, it is considered a new project, and will go through a new consulting/proposal/billing cycle For example, asking for new site functionality.

All new projects that are costed above £900 include 3 hours of aftercare gratis, after which it is invoiced in advance of use in 3 hour blocks (at a cost of £120). There is no expiry for use of purchased hours, and the hours are transferable between projects so long as the client does not change.

After care hours are not transferable between clients.

Most requests that fall under after care are usually handled inside of two business days, depending on the complexity of the task.

Timelines

Work will commence after receipt of payment.

A specific time line for delivery will be finalised after payment of the invoice. The number of days required for the project will be finalised before payment.

The design stage will be finalised before the development stage is started.

The actual date of delivery may be pushed back in mitigating circumstances, or in cases where work is delayed when waiting for design approval, etc. but this will not change the number of days required for the project (for the purposes of cancellations).

Scope of Work

Once work on this proposal has started, the scope of the project may not be changed. No new requirements or goals may be added after that time.

Additional requirements that are introduced after the initiation of the project (that cannot be provided for by after care) must be treated as new projects.

Design & Programming Refunds and Stopping Work

After payment, the client may choose to stop work on a project, with the following conditions:

  • the cost of software purchased for any projects is not refundable.
  • after the cost of purchased software has been removed from the invoice amount, a further %20 of the invoice will be deemed non-refundable.
  • of the remainder of the invoiced amount, the client will be refunded pro-rata for unused hours. This is calculated as follows:
  • For the number of days that are projected for the project, each day will be divided into 8 hours. The invoiced amount (minus the cost of software and minus the additional non-refundable 20%) will be divided by the total number of project hours.
  • The number of hours already worked on the project will be subtracted from that amount.

Example

Client A pays for a project that is worth £10,000. This project contains £2000 worth of associated software costs. The project is scoped as requiring 15 days of work. After one week (and 40 logged hours of work time), client A decides to cancel work on the project.

First, of the £10,000 that was paid, 2000 are subtracted to cover software costs. This leaves £8000. Of the £8000, %20 is kept as non-refundable. This leaves £6400.

The total estimated project hours are calculated as follows:

15 days * 8 hours = 120 hours

The cost of each hour is therefore costed at:

£6400 / 120 hours = £53 per hour (rounded down)

Given that 40 hours had already been worked when Client A chose to cancel the agreement, the total number of refundable hours are:

120 hours – 40 hours = 80 hours

Therefore, Client A would be refunded a total of:

80 hours * £53 = £4240 refunded minus bank fees

Training

We offer additional training which takes place over Skype, and covers the use of the systems that were created for each project.

Training hours can be purchased at a rate of £50 per hour.

Content Management

A content management service can be provided on request. This service is intended to cover larger administrative tasks, such as editing content for a website, writing emails, or setting up videos for streaming, etc.

Work can be purchased in 10 hour blocks at a cost of £40 per hour (total £400), in which case they will be used in the same fashion as after care.

Work can also be purchased on an hour by hour basis at £50 per hour.

Although we are happy to help a client with content, in almost all cases it is recommended that if a client is regularly purchasing content management as a service, they investigate hiring staff (training can be provided as outlined above, and if large blocks of training are required, discounts can be negotiated).

Purchasing Physical Goods

When purchasing goods on this website you warrant that the personal information which you are required to provide when you register as a customer is true, accurate and current in all respects. If your personal information changes then please contacting us immediately on You agree not to impersonate any other person or entity or to use a false name or a name that you are not authorised to use.

Our Prices are stated in Sterling (£) 

Designs by Tatty is a British company and as such all of our prices are in British Pounds Sterling (£)

We clearly show you the price you have to pay for our products which include VAT but exclude any delivery costs, which will be added to the total amount due.

Prices are liable to change at any time, but changes will not affect orders in respect of which we have already confirmed and dispatch.

If by mistake we have under-priced a product we will not have to deliver that product to you at the stated price as long as we inform you of the error prior to dispatching your product. We will either contact you for instructions before dispatching the Product, or reject your order and notify you of such rejection.

We are under no obligation to provide the product to you at the incorrect (lower) price, even after we have confirmed your order or sent you a Dispatch Confirmation, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a pricing error.

Acceptance of your order and the completion of the contract between you and us will take place on confirmation that your work has commenced or your product has been dispatched to you of the products ordered unless we have notified you that we do not accept your order or you have cancelled it

Your user account

If you register with the site for a user account you will have to choose a user name and password. You will be responsible for keeping your user name and password secret and for preventing unauthorized access to your account. You are responsible for all activities that occur using your account. You should take all necessary steps to ensure that your user name and password are kept secret and secure and should inform us immediately by email to contact@designsbytatty.co.uk if you have any reason to believe that your user name and/or password have become known to anyone else, or if your account is being, or is likely to be, used in an unauthorized manner.

We take payment via your PayPal account at the time we receive your order, once we have checked your PayPal details and stock availability. Goods are subject to availability. In the event that we are unable to supply the goods, we will inform you of this as soon as possible. A full refund will be given where you have already paid for the goods. Additional Terms and Conditions for payments made by PayPal can be found at www.paypal.co.uk.

Delivery

We will deliver the goods in accordance with the delivery option selected by you during the order process. See delivery section of the site. Any delivery time-scales quoted to you are indicative only. Orders may be delivered in one or more parts.

We make every effort to deliver goods within the estimated dispatch timescales, however, delays are occasionally inevitable due to unforeseen factors. We are under no liability for any delay or failure to deliver products within estimated timescales caused by circumstances beyond our reasonable control.  However, in accordance with the Distance Selling Regulation all orders will be fulfilled within a maximum of 30 days or a full refund will be issued.”

We do not accept any liability whatsoever for delayed delivery caused by any third party.

We endeavour to process orders within maximum 48 hours after payment is authorized (business days). However, we need to receive authorized payment with the same billing address. Orders with separate billing and shipping addresses will not be processed and automatically be cancelled.

We aim to send all products out within 24 hours after payment is authorized and when ordered within the UK 12pm GBT.

Our Physical Goods refund and returns policy

“Our returns and refunds policy is in accordance with the EU Distance Selling Directive which came into force in October 2000 and is part of UK law under the Consumer Protection (Distance Selling) Regulations 2000.  This law applies to all transactions within the UK where a consumer does not meet the seller. Contracts between businesses are not governed by these regulations.

Consumers have the option to change their mind and cancel order between the time of placing it and 7 working days starting from the day after delivery.  Cancellation must be made either in writing by  e-mailing us at contact@designsbytatty.co.uk.

Once you have cancelled the contract, you have a legal “duty of care” to take good care of the goods and return them to us at your expense. Duty of care would include not opening the packaging of the product. In accordance with the Distance Selling Regulations we will refund you the full amount paid for the goods within 30 days of receipt of the notice of cancellation.”

You have the right to cancel your order for goods at any time up to 7 working days after the day of delivery of the goods by contacting contact@designsbytatty.co.uk the basis that we will be able to re-sell the goods to another customer as new when you return them to us; so please do not use or open any sealed packaging. If you have any questions about the goods or need help on deciding whether or not to keep them, please contact contact@designsbytatty.co.uk for more information.

Special Orders

Special orders made to customer’s specifications are excluded from the cancellation provisions of the Consumer Protection (Distance Selling) Regulations 2000.  However, in the event that a special order item is found to be faulty please contact us either by telephone, email or post.  We may then offer you an exchange or a monetary refund dependant on the nature of the problem. Original delivery costs will be refunded only if the item is faulty, damaged in delivery or if it differs in any way

from the advertised goods. Returned parcels remain the responsibility of the customer until safely received by us. The company does not pay ‘return’ carriage unless an item is faulty, or it differs in any way from the advertised goods.”

If the products have already been posted to you (or on your behalf to any other person), you (or the other person) must return the products to us within 7 days of receiving your notice for cancellation and we will credit your credit or debit card with the price of the products within 30 days beginning with the day on which notice of cancellation was given. You should return products with a copy of the original invoice.

When returning goods we recommend that you use recorded delivery, or obtain a proof of posting (a proof of posting can be obtained free of charge at any Post Office). We will refund your money to the same credit, debit card or PayPal account originally used (or in the form of other method of payment) by you to pay for your purchase.

If you do not return the goods within 7 days of your cancellation, you will be deemed to have accepted the goods, at which point a new purchase contract will be made and you will be charged for your order at the price set out on the web site.

Rights granted and rights reserved.

Designs By Tatty provides the information to the User only and solely for the purpose of that User. The User may download information onto only one computer hard drive for such   purpose. The information may not be used for any other purpose, including but not limited to, publication, reproduction, or transmission without the express written permission from Designs By Tatty.

Any right reserved not expressly granted herein are reserved.

Website

The User acknowledges the following:

  1. that it is technically impossible to provide the website free of faults and that Designs By Tatty does not undertake to do so.
  2. that faults may lead to temporary unavailability of the website.
  3. that the operation of the website may be adversely affected by conditions and performances outside the Designs By Tatty control.

Use of the Website

The User undertakes

  • not to use the information for any unlawful purpose.
  • not to use the website for the transmission or posting of any computer viruses or any material which is defamatory, offensive or menacing character or in such a way so to cause annoyance, inconvenience   or needless anxiety.
  • not to use the website to transmit any material for the purpose of publicity, promotion and/or advertising without the prior consent of the Designs By Tatty.
  • not to use the website for any violation or infringement of any person including but not limited to rights of copyright or   confidentiality.
  • The User will indemnify and defend the Designs By Tatty against all claims, liability, damages, costs and expenses, including legal fees, arising out of a breach of this contract or any use of the information or the website by the User.

Third party information and links to third party sites

The User acknowledges that some of the information, for example software, is supplied to Designs By Tatty (directly or indirectly) by third parties, and accordingly the Designs By Tatty can offer no warranty of whatever nature in relation to such information.

The Website may contain hyperlinks to websites operated by third parties other than the Designs By Tatty, such hyperlinks are provided for your reference only. Designs By Tatty does not control such websites and therefore can accept no responsibility whatsoever for the content or material of such websites which the User may access through the Website.

Changes to the terms and conditions

Designs By Tatty reserves the right to change these terms and conditions from time to time by placing a note of such change on this page and the User’s continued use of the Website following notice of such change shall be deemed to be the User’s acceptance of such change.

It is the User’s responsibility to check this page regularly to determine whether the terms and conditions of this Website have been changed. If the User does not agree to any change to the terms and conditions of this Website then the User must immediately stop using this Website.

Governing Law and enforcement

The laws of England govern this agreement. You hereby consent to the exclusive jurisdiction of the English courts in all disputes arising out of or in connection to the use of this website.

If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

Copyright

All Web site design, graphics, images (including submitted content), text, the selection and arrangement thereof, underlying source code, software and all   other material on this Web site are copyright Designs By Tatty, and its affiliates, or their content and technology providers. ALL RIGHTS RESERVED. Any use of materials on this Web site – including reproduction for purposes other than those noted above, modification, distribution, or republication – without the prior written permission of Designs By Tatty is strictly prohibited.

Trademarks

All product and company names mentioned on this Web site may be the trademarks or registered trademarks of their respective owners.

CONTACT US

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