Terms and Conditions

By visiting our site and/or purchasing/engaging in work with LB Creative, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink.

When work is requested by the Client these Terms & Conditions are considered accepted. Please read through these carefully before engaging in communications/requests for work and print a copy for future reference.

Definitions:

LB Creative means Luke Best trading as LB Creative.

The Client: The company or individual requesting the services of LB Creative.

The Work/Product/Service means all types of work provided by LB Creative. This can include, but is not exclusive to; Website Design, Website Development, Online Marketing, Software/Application Development, E-Commerce Development, Video Production, Audio Production, Animation, Scripting/Coding, Plugins, Website Hosting, Security, Web Applications, Progressive Web Applications, Mobile Applications and Database Development. Any other services provided by LB Creative are included under the term ‘work’, ‘product’ or ‘service’.

When working with LB Creative, either in the past, present or future, you agree to be bound by these Terms and Conditions of Service. If you do not agree to all the terms and conditions of this agreement, then you should terminate the use of any services provided by LB Creative immediately. Any existing Clients (i.e Clients who have previously commissioned work with LB Creative) who continue to work on existing projects and/or request new work with LB Creative, agree to be bound by these Terms and Conditions.

You can review the most current version of the Terms of Service at any time on this page. LB Creative reserves the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website at any time. It is your responsibility to check this page periodically for changes. Your continued use of provided work, or your continued requests for further work and services, following the posting of any changes constitutes acceptance of those changes.

SECTION 1 – GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is not stored by LB Creative.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by LB Creative.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 2 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

LB Creative is not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk. LB Creative recommends you consult with alternative third party professionals to ensure you choose the right provider before engaging in any work with LB Creative.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

SECTION 3 – MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our services are subject to change at any time without notice.

LB Creative reserves the right at any time to modify or discontinue any provided service (or any part or content thereof) without notice at any time. If the client has been provided a quote the price contained within the quote will be valid for 28 days and subsequently during the life of the current commission, however additional work may be charged for using the new pricing structure.

LB Creative shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of any provided service.

SECTION 4 – WEBSITE, DATABASE, APPLICATION, WEB APPS, MOBILE APPS, E-COMMERCE AND BESPOKE DESIGN/DEVELOPMENT

This section applies to all types of work provided by LB Creative including (But not limited to); Website Design, Website Development, Online Marketing, Software Development, E-Commerce Development, Video Production, Audio Production, Animation, Scripting/Coding, Website Hosting, Security, Application Development or Database Development services provided by LB Creative. By agreeing work with LB Creative you confirm that you are in agreement with the following;

LB Creative reserves the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products/services and pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product/service at any time. Any offer for any product or service made on this site is void where prohibited.

LB Creative does not guarantee that the quality of any products, services, information, or other material presented to you will meet your expectations, or that any errors in any provided Service will be corrected.

Whilst LB Creative will endeavour to ensure that any provided works (Including any type of provided work such as, but not limited to, websites, programming, scripts, reports, e-Commerce, apps, web and mobile applications) are free of errors as possible, LB Creative cannot accept responsibility for any type of losses suffered by the Client, such as (but not limited to) loss of turnover, sales, revenue, profits, public image, investments, expenditure, consequential or special loss which is incurred by the use of any work (Such as, but not limited to, a website/application/report) created for the client. This includes, but is not limited to, any malfunction, error, unavailability, misunderstanding of brief or mistakes in any work created for the client. This applies to any present, future or historical works provided by LB Creative.

All works provided remain the property of LB Creative until all outstanding invoices are paid in full. 

Any works, including scripts, cgi applications, php/javascript scripts, or software (unless specifically agreed) written by LB Creative remain the copyright of LB Creative and may only be commercially reproduced or resold with the permission of LB Creative.

The client agrees to provide all materials (Such as images and text) required for completion of the website/work to the agreed standard within a timely manner and/or within any agreed deadline. Any materials provided by the client remains the property of the client. LB Creative is not responsible for any copyright infringements caused by materials submitted by, or advised to use on behalf of, the Client. If the client requests material be used that the client does not own, LB Creative is not responsible for any consequences as a result of a breach of copyright. LB Creative reserves the right to refuse any material of a copyrighted nature unless adequate proof is given of permission to use such material.

LB Creative will not be liable for costs incurred, compensation or loss of earnings due to the failure to meet agreed deadlines.

Any changes including, but not limited to, additions/alterations/corrections requested by the client to any previously agreed or current work will be carried out at the discretion of LB Creative. LB Creative is not obliged to carry out any additions/alterations/corrections and and reserves the right to charge an according amount for these changes. LB Creative accepts no responsibility to ensure such additions are error free.

In the event an invoice or quote includes work that requires material provided by the client, which is not provided during the development/work period, the client agrees that invoices must still be paid in full, regardless of if the client has provided the material or not. If the client does not provide the detailed material within 1 month of the agreed deadline, LB Creative reserves the right to re-quote for adding the content.

The client agrees that all historical work/services provided by LB Creative which have been paid for prior to 1st June 2019 are considered to be working to the clients satisfaction. If the client is not happy with any historical works provided, the client agrees to raise a complete list of issues for consideration by LB Creative via email to hello@lbcreative.co.uk within either 2 months of the client’s last invoice, or by 31st July 2019, whichever comes sooner. LB Creative is not obliged to make any changes/amendments/corrections to any historical work.

The client agrees to raise any issues with provided works via email within 1 month of launch/completion. If the client does not raise any issues with the provided work, then it is accepted that the work is completed to an acceptable standard and LB Creative is not obliged to provide any alterations, changes or ‘fixes’ to provided work at a later date.

Where LB Creative has completed work but is held up by a lack of client feedback, LB Creative reserves the right to invoice for the total amount for the entire work after a period of 30 days. 

The Client accepts they are required to provide sign off on all provided work and services provided in the past, present or future. When an item has been ‘signed off’, it officially signifies that the provided work and services have been completed to the client’s satisfaction. LB Creative reserves the right to refuse new work requests if a client does not provide sign off on previously conducted works.

When LB Creative notifies the client that work on a task is completed, the client agrees to give sign off via email or letter within 30 days. By ‘signing off’ an item of work the client is confirming their satisfaction of the work and acceptance that the provided work meets their requirements and expectations. If the work does not meet the clients satisfaction, then the client agrees to supply feedback/detail all issues they have with the work within 30 days of receiving the work.

If the client does not provide any feedback within 30 days of work being completed/when requested by LB Creative, the client agrees that LB Creative is not liable or responsible for any type of loss such as (but not limited to) loss of turnover, sales, revenue, profits, public image, consequential or special loss which is incurred due to any lack of communication (Such as feedback or instruction) from the client. This applies to any present, future or historical works provided by LB Creative.

If the client does not provide sign off via email, the Client agrees that sign off will be confirmed by payment of an invoice containing those works/services. In the action of paying for an invoice the client acknowledges their agreement that all items (i.e any project/website/application/script/code etc) detailed in that invoice are complete to their satisfaction. Any works/services detailed in invoices paid for in the past are automatically considered signed off. If a client has issue with this, they must raise it via email by 28th June 2019.

If the client does not provide any feedback within 30 days of work being completed/when feedback is requested by LB Creative, it is agreed the client is satisfied with the work and that no further changes are required.

The client agrees that LB Creative is not responsible for any losses, for example (but not limited to) loss of turnover, sales, revenue, profits, public image, consequential or special loss which is incurred due to any malfunction, error, unavailability or mistakes in the provided work or any part of it. This includes all works provided in the past, present or future.

In the event of any disputes between a site owner and their Clients, LB Creative cannot be held liable for any wrongdoing on the part of the site owner.

LB Creative will not be liable for any costs incurred, compensation or loss of earnings due to the work carried out on behalf of the Client or any of the Clients appointed agents.

LB Creative will not be liable for any costs incurred, compensation or loss of earnings due to the unavailability of the website, application, its servers, software, applications or any associated services/provided works.

LB Creative will not liable for any restrictions, financial penalties, fines placed on the Client or losses which occur as a result of the Client using the provided works in a way which may violate the terms and conditions of any third party providers which integrate with the website, such as payment processors, external CRM systems or accounting software. The Client accepts full responsibility for their use of any provided website/application.

The Client accepts ultimate responsibility for checking the correctness of the website/software/applications before they agree to make the work publicly available or use the provided work. When a Client agrees that a site can be made publicly available or agrees they are happy to use the provided work they are agreeing that the design and development of the work has satisfied all of their requirements.

The Client agrees to test fully all provided work (Such as, but not limited to, any website, application or programming) developed by LB Creative before being made generally available for use. Where “bugs”, errors or other issues are found after the website/application is live, LB Creative will endeavour (but is not obliged to) to correct these issues to meet the standards of function as outlined in the brief.

LB Creative is not a qualified accountant and is not responsible for any errors, inaccuracies or inconsistencies in any provided works (Such as, but not limited to, any website/e-commerce application, report or application) relating to any monetary figures or calculations such as (But not limited to) order totals, product prices, sale prices, delivery charges, discounts, taxes/VAT, stock or sales figures. All monetary/sales or stock figures presented in any provided website/application/plugin/script are purely indicative and are not recommended to be used for any other purposes, such as, but not limited to, sales reports, profit/loss calculations, tax returns or VAT claims. The client accepts full responsibility for any penalties or loss (Such as, but not limited to, financial penalties, fines or losses) which occur as a result of the Client using financial figures taken from the website or any provided works for any other purposes.

Clients must provide written briefs, via letter or email, for all new work requests. Any requirements not detailed in the brief are not obliged to be delivered, and any subsequent requirements which are added by the Client after the original brief are subject to additional quotes which will be provided at LB Creative’s discretion.

If a Client does not provide a clear, written brief, LB Creative will charge a reasonable amount for the time taken to produce a brief for review by the Client, which must be reviewed and accepted by the Client before any work begins.

Once a website or application has been completed, the final balance must be paid before the work is ‘launched’ for use on the live website, unless otherwise agreed.

If any work is cancelled be the Client, LB Creative will charge for the proportion of work done at our standard hourly rate, plus any expenses (Such as third party plugin licenses) that may have already been incurred.

The Client is responsible for training any staff members on how to use the website/application/provided works. LB Creative is not responsible for any issues which arise due to incorrect operation of the provided work by staff members.

LB Creative is not a PCI Compliance expert and the Client is ultimately responsible for ensuring they are PCI compliant. LB Creative is not responsible for any financial penalties, fines or losses which occur as a result of the Client not adhering to their PCI Compliance requirements, this includes any failures of PCI compliance related to a website, application or any other works provided by LB Creative. If the Client is unsure of their PCI Compliance requirements, it is recommended they commission a third party PCI Compliance expert.

LB Creative is not an expert in General Data Protection Regulation (GDPR) laws and regulations. The Client is ultimately responsible for ensuring they are compliant with GDPR. LB Creative is not responsible for any financial penalties, fines or losses which occur as a result of the Client not adhering to their GDPR Compliance requirements related to the website, application or any provided works. If the Client is unsure of their GDPR requirements, it is recommended they contact a third party GDPR expert.

SECTION 4-a: COMPATIBILITY

LB Creative endeavours to ensure that any provided website/application will function correctly on the hosting/server environment where it is initially installed and that it will function correctly in the latest versions of the most popular modern web browsers, such as Chrome, Firefox, Safari and Edge. LB Creative offers no guarantee of correct function with all browser software, including mobile browsing apps.

Whilst every endeavour is made to ensure that all code/software is written to best practices and is as future proof as possible at the time of implementation, LB Creative is not responsible for any issues that occur in the event of any third party software changes, for example upgrades to PHP versions, changes to hosting environments or content management system updates. LB Creative is not obliged to provide fixes for any code/software in this event.

Where applications or websites are requested by the Client to be hosted on a server provided via a third party (i.e, hosting not provided by LB Creative), LB Creative makes no guarantee that the provided work will be compatible with the hosting environment. It is the Client’s responsibility to ensure they provide a suitable environment which is capable of running the website/application.

SECTION 4-b: WEBSITE HOSTING

LB Creative offers website hosting which can be paid for annually or monthly or as part of a website project.

LB Creative is not a website hosting company and any hosting provided will be via a third party hosting provider. When paying for hosting services from LB Creative the client also agrees to the third party hosting providers terms and conditions. It is the clients responsibility to request details of the hosting provider so they can check the T&Cs.

If the client is unhappy with any aspect of the website hosting then they are free to find alternative hosting at any time they wish. In this scenario a full copy of the website will be provided to the client at their request.

LB Creative offers no guarantees as to the availability of provided hosting services. LB Creative cannot accept liability for losses caused by the unavailability, malfunction or interruption of this service, or for loss of turnover, sales, revenue, profits or indirect, consequential or special loss.

The client accepts responsibility for their data, and LB Creative recommends you take regular backups. LB Creative is not responsible for providing backups of client websites or data.

LB Creative reserves the right to refuse to handle in any way, material which may be deemed offensive, illegal or in any way controversial, and also to terminate any provided web hosting service should the necessity arise. LB Creative is not responsible for any charges or losses caused directly or indirectly as a result of termination of website hosting.

The Client may cancel website hosting services/their account with LB Creative at any time via in email or by postal mail to LB Creative. By doing this the client releases LB Creative from all obligations related to any past, present or future works agreed.

The Client agrees when cancelling website hosting to notify LB Creative in advance of the renewal date, otherwise full hosting renewal payment will be required. The client accepts that there will be no partial refunds given for hosting cancelled during the current hosting services time period.

SECTION 4-c: SOFTWARE/SECURITY UPDATES

For all websites/applications hosted with LB Creative, the client accepts that LB Creative will endeavour to keep any content management systems, plugins/extensions and themes up to date by applying the latest versions when updates become available. The client agrees to be billed for the time taken to apply these updates on an ad-hoc basis and that updates are not included with any provided hosting plans. The time and therefore price of applying these updates differs dependent on the complexity of the website.

In the event a plugin/theme/feature of a website becomes insecure the client will be notified and the feature will be replaced or removed.

If a client does not agree to keep the website content management system, plugins, themes or any software associated with it up to date, LB Creative reserves the right to terminate any website hosting services with immediate effect. In this event a copy of the website/application will be provided to the client in order for the client to find an alternative hosting provider.

LB Creative is not responsible for any faults or unavailability to the website or any part of it caused by changes to third party services/software, such as updates to the Operating System (OS)/associated services such as, but not limited to, Apache, NGINX, HTML, PHP, JS, DNS and MySQL. 

LB Creative makes every endeavour to proactively ensure that the website and it’s plugins are up to date, LB Creative is not responsible for any issues caused by failure to update plugins, the content management system or any of its

SECTION 4-d: SEARCH ENGINE PERFORMANCE

LB Creative makes no guarantee that any search engine will accept or list the Client’s website in its search results or advertising.

LB Creative makes no guarantee that any search engine will rank the Client’s website highly in its search results. LB Creative cannot accept responsibility for any type of losses suffered by the Client, such as (but not limited to) loss of turnover, sales, revenue, profits, public image, investments, expenditure, mismanagement of expenditure, consequential or special loss which is incurred as a direct or indirect result of any search engine optimisation works carried out by LB Creative on behalf of the Client

LB Creative does not accept responsibility for misrepresentation of the Client’s company/website by a third party.

SECTION 4-d: GENERAL WEBSITE PERFORMANCE

LB Creative makes no guarantees websites will meet any minimum statistics in analytics software, such as (But not limited to) bounce rates, conversion rates, visitor satisfaction, usability, mobile performance or speed.

SECTION 4-e: INTERNET MARKETING / SOCIAL MEDIA / ADVERTISING / PPC (i.e ADWORDS/BING)

LB Creative cannot accept responsibility for any type of losses suffered by the Client, such as (but not limited to) loss of turnover, sales, revenue, profits, public image, investments, expenditure, mismanagement of expenditure, consequential or special loss which is incurred as a direct or indirect result of any internet marketing works carried out by LB Creative on behalf of the Client, such as, but not exclusive to, Social Media posts, Email Newsletters,  Social Media Advertising or Pay Per Click (Such as Google Ads or Bing) Management or Optimisation. LB Creative is not responsible for any mismanagement of the Clients spend/budget. The Client can terminate these services at any time by requesting cancellation via email.

SECTION 4-f: SECURITY

Whilst every endeavour is made to ensure websites provided by LB Creative are secure, LB Creative cannot accept responsibility for any type of losses suffered by the Client, such as (but not limited to) loss of turnover, sales, revenue, profits, public image, investments, expenditure, mismanagement of expenditure, consequential or special loss which is incurred via security breaches (I.e hacking). This includes any financial fines as a result of GDPR related issues.

 

PAYMENT OF ACCOUNTS/INVOICES

A deposit of at least 30% is required with any project before any work will be carried out.

The Client agrees to pay invoices for work carried out by LB Creative within 30 days.

Final payment must be received within 30 days of the invoice date. A late fee of 1% total invoice amount will be applied on the first day of each week past 30 days from invoice date. After 60 days of non-payment, the invoice will be forwarded to a collections agency, which will report the debt to creditors.

Where invoices/accounts are not settled within 30 days and become overdue,  LB Creative reserves the right to remove access to the website/application and ultimately, removal, unless an alternative payment plan is agreed. In the event of hosting bills being overdue, your hosting may be suspended and a reconnection fee will be charged to reinstate the hosting.

In submitting payment for any invoice the Client agrees that all of the items/works detailed in the invoice are complete and meet their absolute satisfaction. The Client accepts ultimately responsibility for checking the correctness/testing all items in the invoice. The client agrees to test all items detailed in the invoice before submitting payment for the invoice. It is strongly recommended that all works described above are tested fully by the Client and/or an independent third party professional to ensure all works described in this invoice are operating to the Clients expectation and complete satisfaction before submitting payment.

If the Client is not happy with any of the items detailed in an invoice the Client must refrain from payment and contact LB Creative in writing details any issues, either via letter or email, within 14 days of receipt of the invoice.

LB Creative is not responsible for any losses, for example (but not limited to) loss of turnover, sales, revenue, profits, public image, consequential or special loss which is incurred as a result of the Client not testing/checking the provided works before use.