Terms of service.
Last updated: 01/09/2024
These Terms and Conditions (“Terms”) set out the agreement between Pink Gorilla Labs (“we”, “us”, “our”) and the client (“you”, “your”). By using our services, you agree to these Terms. Please ensure you read them carefully.
1. Services Offered
We provide a range of services, including but not limited to:
Website design and development
Logo and branding creation
Website maintenance and updates
Search Engine Optimisation (SEO)
E-commerce setup
Social media integration
Content creation
Marketing strategy consulting
Additional services, if requested, will be outlined in the project proposal and confirmed by both parties before work begins.
2. Quotations and Proposals
All quotations provided are valid for 30 days unless otherwise stated in writing.
Quotations are based on the information provided at the time of request. Any significant changes to the project scope may result in additional costs.
Before commencing work, we will provide a detailed project proposal outlining deliverables, timelines, and pricing. The proposal will require your written approval (via email or signed agreement) before work begins.
3. Payment Terms
A non-refundable deposit of 50% of the total project fee is required to confirm your booking and begin work.
The remaining balance is due upon completion of the project unless a staged payment plan is agreed upon beforehand. All payments must be made within five days of receiving the final invoice.
Late payments may incur interest charges of 25% per month. We reserve the right to suspend or terminate services for unpaid invoices.
If a staged payment plan is in place, each stage will be invoiced separately. Work will not proceed to the next stage until payment for the current stage is received.
4. Project Timelines and Delivery
We will work to the timeline agreed upon during the project proposal stage. However, delays can occur due to factors beyond our control, such as failure by you to provide necessary content, approvals, or feedback in a timely manner.
Any agreed deadlines or delivery dates are estimates and are subject to adjustment based on project scope, revisions, and client communication.
Failure to provide requested materials or feedback within the agreed timeframe may result in project delays and/or additional charges to reflect the extra work involved in rescheduling.
5. Client Responsibilities
You agree to:
Provide all necessary materials, information, and content required for the completion of the project, including text, images, branding guidelines, and other assets.
Ensure all content you provide is legally owned by you or that you have obtained the appropriate permissions and licenses to use it.
Provide timely feedback and approval of design drafts or prototypes to ensure the project proceeds without delays.
Comply with any requests for additional information or materials in a timely manner to avoid project delays.
Failure to meet these responsibilities may result in delays or additional charges.
6. Content Creation
Our standard content creation services utilise free images, graphics, and content from our library and online sources. These elements are carefully edited and customised to create unique content tailored specifically for your project. If you require bespoke or fully custom content, this can be requested and will be factored into your overall project cost, with a detailed quote provided based on your specific needs.
7. Revisions and Changes
All projects include a set number of revisions, usually three rounds of revisions unless otherwise stated. This includes changes to the design, layout, or functionality. Additional revisions outside of the agreed scope may incur extra charges.
Once the final design is approved by you, any further changes will be treated as new work and will be charged at our standard hourly rate or as a separate project.
8. Cancellation and Termination
You may cancel the project at any time by providing written notice. However, the deposit is non-refundable, and you would be required to pay for any work completed up to the cancellation date.
We reserve the right to terminate the project if you fail to comply with these Terms, including failure to provide necessary materials, make payments on time, or if the scope of the project becomes unmanageable due to client delays or revisions.
If termination occurs due to a breach of these Terms, you will be liable for the full project cost unless otherwise agreed.
9. Ownership and Intellectual Property Rights
Upon receipt of final payment, ownership of all intellectual property rights related to the final deliverables (such as website design, logo, and branding) will transfer to you. This includes the right to use, reproduce, and modify the work as you see fit.
We retain ownership of any tools, templates, or proprietary software used in the development process, which may not be transferred or licensed to you unless specifically agreed in writing.
We reserve the right to use the completed project (including websites, logos, and branding materials) in our portfolio, marketing, and promotional materials unless otherwise agreed in writing.
10. Third-Party Services and Products
Some aspects of the website or logo creation process may involve the use of third-party services or products (such as hosting, plugins, software, or images). Where possible, we will arrange these services on your behalf.
You are responsible for any ongoing costs associated with third-party services, such as hosting fees, domain renewals, or plugin licenses etc.
We cannot be held responsible for the performance, availability, or issues caused by third-party services. However, we will work with you to resolve any issues to the best of our ability.
11. Website Maintenance and Support
After the project is completed and handed over, any further support or maintenance services will be charged at our standard hourly rate or under a separate maintenance contract.
Support for bugs or issues discovered within ten days upon delivery is included in the project cost, provided the issues are a direct result of our work and not third-party changes, software updates, or user errors.
We offer ongoing website maintenance packages, which can be tailored to your needs, including updates, backups, and security monitoring. If you require this, please inquire about our maintenance services.
12. Warranties and Disclaimers
We warrant that the services provided will be performed with reasonable care and skill and in accordance with accepted industry standards.
We do not warrant that the website will be entirely free of errors, bugs, or interruptions, as all websites are subject to technical issues or vulnerabilities.
We are not responsible for any direct or indirect losses or damages caused by the use of the website or logo after handover, including but not limited to loss of profits, data, or business interruption.
13. Limitation of Liability
Our total liability to you for any claims arising out of or in connection with the services provided is limited to the total amount you have paid us for the project in question.
We shall not be liable for any indirect, incidental, consequential, or special damages, including but not limited to loss of profits, business, or data, arising from the use or inability to use the website or logo, even if we have been advised of the possibility of such damages.
We are not responsible for any third-party costs, including but not limited to hosting services, software, or additional services required by your business.
14. Confidentiality
Both parties agree to keep confidential any proprietary information, trade secrets, or any confidential information disclosed by the other party during the course of the project. This includes, but is not limited to, financial data, business strategies, or any other information not publicly known.
15. Force Majeure
We shall not be liable for any delay or failure to perform our obligations under these Terms if such delay or failure is caused by circumstances beyond our reasonable control, including but not limited to acts of God, war, fire, flood, strikes, or government restrictions.
16. Governing Law and Dispute Resolution
These Terms and any disputes arising from them shall be governed by and construed in accordance with the laws of England and Wales. Any disputes that cannot be resolved through negotiation will be subject to the exclusive jurisdiction of the courts of England and Wales.
17. Changes to Terms
We reserve the right to update or amend these Terms from time to time. Any changes will be posted on our website and will take effect upon being posted. We recommend reviewing these Terms periodically to ensure you are aware of any updates.
18. Contact Information
If you have any questions or concerns about these Terms, please contact us at:
Pink Gorilla Labs
63 Guilford Road, Firmly Green, Surrey Heath, GU16 6NN
Email: projects@pinkgorillalabs.com
Phone: 07715267254