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Below is a summary of a General Service Level Agreement customers get into upon order placement with The Suitch Ltd. for services mentioned, but not limited to Creative Branding, Website Design & Development, Web Application Design & Development, Mobile Application Design & Development, Digital Marketing, Support & Maintenance, etc.

Definitions

  • “Agreement” means these Terms and Conditions together with the terms of any applicable Development Proposal and Cost Documents
  • “Customer” means the organisation or person who purchases services from The Suitch
  • “Intellectual Property Rights” means all patents, registered and unregistered designs, copyright, trademarks, know-how and all other forms of intellectual property wherever in the world enforceable
  • “Development Proposal and Cost Documents” means a statement of work, quotation or other similar document describing the services to be provided by The Suitch constituting or not constituting an order.
  • “Supplier” means;
    The Suitch,
    1 CORNHILL
    LONDON
    ENGLAND EC3V 3ND

General

  • These Terms and Conditions shall apply to all contracts for the supply of services by The Suitch to the Customer.
  • Before the commencement of the services The Suitch shall submit to the Customer a Development Proposal and Cost Documents which shall specify the services to be performed and the fees payable. The Customer shall notify The Suitch immediately if the Customer does not agree with the contents of the Development Proposal and Cost Documents. All Development Proposal and Cost Documents shall be subject to these Terms and Conditions.
  • The Suitch shall use all reasonable endeavours to complete the services within estimated time frames but time shall not be of the essence in the performance of any services.

Fees & payment

This Policy applies to all information collected or submitted on our website(s). On some pages, you can order products, make requests, and register to receive materials. The types of personal information collected at these pages are:

  • The fees for the performance of the services are as set out in the Development Proposal and Cost Documents. The Suitch shall invoice the Customer for the services as detailed therein.
  • Invoiced amounts shall be due and payable within 30 days of receipt of invoice. The Suitch shall be entitled to charge interest daily on overdue invoices from the date when payment becomes due from until the date of payment at a rate of 2% per annum above the base rate of the Bank of England. In the event that the Customer’s procedures require that an invoice be submitted against a purchase order to payment, the Customer shall be responsible for issuing such purchase order before the services are rendered.

REVISION POLICY

The allotted number of revisions is based on your selected package and you can demand as many revisions as stated in your package details. We focus on providing the best services to our customers and will continue revising until your needs are met. You are not liable to pay additional price if the design concepts are not changed. In case of projects related to creative branding and website designs, you will have your revised designs in the next 48 working hours, however, for any Web Application and/or Mobile Application project, it will be as laid out in the development proposal shared with the client.

TURN AROUND TIME

The Suitch has a 48-72 hour turnaround time for most design services and for Web Applications and Mobile Applications it is according to the development proposal. This is not the complete time from start to finish for a project, only the turnaround time for a single iteration of a design stage. Depending on the kind of service the time required for revisions could be a minimum of 48 hours to 72 hours, this time means 2 working days, For example:

  • Logo Orders placed or Revisions Requested on a Monday will be delivered by Wednesday.
  • Logo Orders placed or Revisions Requested on a Friday will be delivered by end of day Tuesday.

100% MONEY BACK GUARANTEE

The Suitch offers a 100% Money Back Guarantee on all its design services, however, for mobile applications and web application projects it will be according to the development proposal document or work agreement. Customers can claim 100% of their money paid for the service back under the following circumstance:
If you are unsatisfied with the initial designs of the logo or the website. You can request a 100% refund on your project.

REFUND POLICY

The Suitch offers a 100% Refund on all its design services, however it is not an unconditional 100% refund and certain conditions still apply.

The Suitch’s Refund Policy will be Void if;

  • A discounted package has been chosen.
  • The primary design concept has been approved.
  • You have demanded revisions.
  • Urgent design projects are non-refundable.
  • The cancellation has been made due to reasons non-related to the company.
  • The client is unresponsive or out of contact for more than 2 weeks of project.
  • Company’s policies, or policy, have been violated.
  • Other companies or designers have been approached for the same project.
  • The creative brief is lacking in required information.
  • A complete design change has been demanded.
  • The claim has crossed the given ‘request for refund’ time span.
  • The business is closing or changing name or business.
  • If a client subscribes for a service bundle and happens to be dissatisfied with a particular service, refund will only be applicable on that particular service and ‘not’ the entire bundle.
  • No refund can be claimed/processed once after the final files have been delivered to you following your request.
  • Refund and revision explicitly does not apply on items offered free.
  • Services including but not limited to Social Media, SEO, Domain Registration and Web Hosting are not entitled to refund under any circumstances.
  • In case of websites, refunds will not be entertained once the client has approved the design and the website is sent for development.
  • Refund will not be applicable on the work outsourced by a third party.
  • You have chosen a special or a custom package.
  • The Logo has been finalised.
  • The website has been designed, developed and deployed live.
  • Please be advised that 30% administration charges will be applicable on all orders cancelled within 24 hours IF they are not initiated. Furthermore, the refund policy will be void in case there's a change of mind.
  • Reasons such as ‘change of mind’, ‘disagreement with partner’ or other reasons that do not pertain to the service will not be subject to refund under any circumstances. Once a client has accepted multiple sets of revisions (for any service),
  • The client may be entitled to claim 50% of the refund after discussion with their Project Manager.
  • The refund approval will be at discretion of The Suitch's Management.
  • Management's decision on the matter will be final..
  • Cancellations of orders prior to project initiation due to reasons unrelated to the design service itself for any number of reasons will be subjected to a 33% cancellation administrative fee.

Note: The Suitch hold all the rights to reject any project or cancel the contract whenever it deems necessary. After the refund, you will not have any rights to use the designs for any purpose; they will be the sole property of The Suitch. The company will be the rightful owner of the designs.

Services not related to design are not eligible for refunds under any circumstances. They are not covered under our 100% money back guarantee. If such a service is acquired as part of a Package Deal of any kind, they cannot be used to request a refund on the entire package. Examples of such services are as follows:

  • Copyrights Protection Certificates.
  • Website & Emails Hosting Services.
  • Website SSL Certificates
  • Website Domain Purchase.
  • Website Maintenance Plans.
  • Website SEO Plans.
  • Social Media Marketing
  • Google Adwords Campaigns

For services that are not covered under the 100% refund policy in case of dissatisfaction the Suitch’s management after review the project may choose to offer a partial refund to the client.

CLAIM YOUR REFUND

To claim your refund, please follow the following steps

  • By Contacting your respective Project Manager to initiate a refund.
  • Live Chat. Click here to start chat now and speak with a representative to initiate a refund.
  • Sending us an Email to initiate a refund.

As soon as we receive your refund request, we will respond to it at our earliest. Once the required analysis is completed, we will initiate the process according to our refund policy stated above.

To cancel a project prior to project initiation due to reason unrelated to the service itself the refund request must be made within 24 hours of order placement in order to receive a full refund. Failing to do so will result in receiving a service fee charge if a cancellation is requested after the initial 24 hours.

After you have received your refund, you will not have any rights to any designs submitted by The Suitch, unless mutually agreed with by the company and the customer through written communication. The information will be submitted to the Copyright Acquisition of the Government Copyright Agencies to maintain legality.

QUALITY ASSURANCE POLICY

The Suitch will do its best to meet your requirements and our designers do their best to fulfil your expectations. We believe in providing the best designs and each of our designs are well researched and well crafted.

100% SATISFACTION GUARANTEE

  • Our unlimited revisions policy is to make sure that you are 100% satisfied.
  • We aim at exceeding your expectations and strive to accomplish it.
  • We do not stop our revisions until you are completely satisfied with your design (number of revisions will be according to your package or development proposal document).

DELIVERY POLICY

  • The complete order will be sent to the mentioned account on the date stated on Order Confirmation as well as a confirmation email will also be sent.
  • The turnaround time will be according to the package or according to the development proposal document, the minimum time required is 2 business days.
  • Websites will only be made live once all dues have been cleared. Under no condition a website will be made live if there are any kind of dues outstanding.
  • In case of an urgent or rush order, contact our customer support team.

DESIGN OWNERSHIP & RIGHTS

All finalised Designs provided by The Suitch are done so on a written request of finalisation by the client and upon finislastion the client receives all the final core files of the logo and owns 100% of all rights of ownership to the said logo.

  • Client shall own the final the Final Design provided by The Suitch in all its entirety.
  • All ownership rights of the said finalised design will belong to the client 100%.
  • The Client is free to use the finalised design as they see fit.
  • Client shall not, however, own any materials, media or other content generated during any revision cycles leading up to the Final Product.

CONTENT CREATION & POPULATION

The Suitch will not be responsible for creating or populating content (e.g. text/Images) into the website, unless purchased exclusively otherwise. In which case:

  • The Suitch will populate the website with content created for the client
  • The content/text for the website will be created specifically for the customer's website.
  • The Suitch will populate the website with images.
  • The Suitch will acquire stock imagery for clients from stock photo websites.
  • Images will be purchased upon approval from the client.
  • The Suitch will not be responsible in any way shape or form, for any similarities between images used on the site that may or may not resemble other websites.
  • The Suitch will populate the website with products and product details.
  • Product images and product details will be provided by the client.

N.D.A. & REPUTATION MANAGEMENT POLICY

  • The Suitch, does not share the customers’ information, regarding their project or contact details with anyone. The client's personal and project information is kept confidential at all times.
  • Once the project is completed successfully. Both parties, The Suitch and The Client agree not to intentionally defame or otherwise disparage the other with respect to matters arising after project completion.
  • Once the project is completed successfully. Each Party agrees to refrain from (and The Suitch shall take reasonable steps to cause its officers and directors to refrain from), either directly or indirectly, hereafter making any defamatory comments of any type or nature whatsoever to anyone about the Client (and in the case of the Company, its employees, officers, directors, agents, consultants, affiliates, investors or business partners).

RECORD MAINTENANCE

The Suitch keeps the records of finalised designs so that in case of any misplaced order, you will be provided the exact file.

CUSTOMER SUPPORT

Our Customer Support Team is present in the office Monday - Friday 9 AM to 5 PM GMT to answer all of your concerns and queries over the phone. All other queries after business hours need to be emailed through the Team Works Account section by the customer and will be picked up the next working day.

TECHNICAL SUPPORT POLICY

Suitch is the most reliable bespoke web & app development company and consultancy provider. We work on your projects exactly as clients’ needs. On occasions our packages and services purchased will include technical aspects to help the client with their websites and emails. The Suitch will provide the client with the basic information regarding those services and the settings required to make those services work. The Suitch will not be responsible for providing detailed training or installations of said services on the Customer's end. Such services may include but not limited to:

  • Website Deployment, App Development
  • The Suitch will deploy the website for the customer on
  • A Hosting server provided by us.
  • A Hosting server provided by the customer (purchased from a Third Party)
  • In the event the website is hosted on a third party web server purchased by the customer, The Suitch will not be held responsible for any kind of server or hosting related issues.

There is no Service Level Agreement (SLA) between client and The Suitch in terms of technical assistance or service outage, unless purchased separately as an ongoing maintenance service.

  • Website Content Management System (CMS: Content Management System)
  • The Suitch will provide the customer with a user manual to use the Website CMS (Content Management System).
  • The Suitch will not be responsible for training the client in the said Website CMS (Content Management System).
  • Emails Setup
  • The Suitch will be providing the customer with the necessary settings and information to install the emails on their end.
  • The Suitch will not be responsible for installing said emails onto the customer end.
  • The Suitch will not be responsible for providing technical support or assistance in troubleshooting errors on email usage as all our emails are on open servers and accessible by all service providers.

The Suitch will not be held responsible in any way for customer's failure to execute, install or learn the usage of above said services on their end, as the responsibilities for those lie on the customer's end.

COMMUNICATION POLICY

  • All Feedback requests or Revisions Requests, Refund Requests or any other instructions that pertain to the order need to be done through the Email or TeamWork Account platform in order to be considered official.
  • The Suitch will not be responsible for any communication done via any other platform than Email, TeamWork Account or any phone numbers not provided by us or given on our official website.
  • Emails Sent back and forth through official emails that are "...@thesuitch.co.uk" are to be only considered forms of valid communication.
  • We are not responsible for any damages, issues or delays caused due to contacts made through means of communication not provided by us.
  • We take full responsibility for all the information provided through our official domains.

Customers’ Obligation

To enable The Suitch to perform its obligations under this Agreement the Customer shall:

  • Cooperate with The Suitch;
  • Provide The Suitch with any information reasonably required by The Suitch
  • Obtain all necessary permissions and consents which may be required before the commencement of the services;
    comply with such other requirements as may be set out in the Development Proposal and Cost Documents or otherwise agreed between the parties.

Ownership and Restrictions:y

  • The Customer shall be liable to compensate The Suitch for any expenses incurred by The Suitch as a result of the Customers failure to comply with Clause
  • Without prejudice to any other rights to which The Suitch may be entitled, in the event that the Customer unlawfully terminates or cancels the services agreed to in the Development Proposal and Cost Documents, the Customer shall be required to pay to The Suitch as agreed damages and not as a penalty the full amount as set out in the Development Proposal and Cost Documents, and the Customer agrees this is a genuine pre-estimate of The Suitch’s losses in such a case. For the avoidance of doubt, the Customer’s failure to comply with any obligations under Clause 4.1 shall be deemed to be a cancellation of the services and subject to the payment of the damages set out in this Clause.
  • In the event that the Customer or any third party, not being a sub-contractor of The Suitch, shall omit or commit anything which prevents or delays The Suitch from undertaking or complying with any of its obligations under this Agreement, then The Suitch shall notify the Customer as soon as possible and:
  • The Suitch shall have no liability in respect of any delay to the completion of any project
  • if applicable, the timetable for the project will be modified accordingly
  • In the event that the Customer or any third party, not being a subcontractor of The Suitch, shall omit or commit anything which prevents or delays The Suitch from undertaking or complying with any of its obligations under this Agreement, then The Suitch shall notify the Customer as soon as possible and:

Alterations to the development proposal and cost specification documents

  • The Suitch shall have no liability in respect of any delay to the completion of any project
  • If applicable, the timetable for the project will be modified accordingly parties advise, The Suitch by notice in writing whether or not it wishes the alterations to proceed.
  • Where The Suitch gives supported iOS or Android versions depending on the lifecycle of the project development this may change depending on features, changes, adoption rates or general UX of the application or game.
  • Where The Suitch gives written notice to the Customer agreeing to perform alterations on terms different to those already agreed between the parties, and the Customer confirms in writing that it wishes the alterations to proceed on those terms, the Development Proposal and Cost Documents shall be amended to reflect such alterations and thereafter The Suitch shall perform this Agreement upon the basis of such amended terms.

Warranty

  • The Suitch warrants that the services performed under this Agreement shall be performed using reasonable skill and care, and of a quality conforming to generally accepted industry standards and practices.
  • Without prejudice to Clause 6.1, and except as expressly stated in this Agreement, all warranties whether express or implied, by operation of law or otherwise, are hereby excluded in relation to the services to be provided by The Suitch. Where The Suitch gives written notice to the Customer agreeing to perform alterations on terms different to those already agreed between the parties, and the Customer confirms in writing that it wishes the alterations to proceed on those terms, the Development Proposal and Cost Documents shall be amended to reflect such alterations and thereafter The Suitch shall perform this Agreement upon the basis of such amended terms.

Indemnification

  • The Customer shall indemnify The Suitch against all claims, costs and expenses which The Suitch may incur and which arise, directly or indirectly, from the Customer’s breach of any of its obligations under this Agreement, including any claims brought against The Suitch alleging that any services provided by The Suitch in accordance with the Development Proposal and Cost Documents infringes a patent, copyright or trade secret or other similar right of a third party.

Limitation of liability

  • Except in respect of death or personal injury due to negligence for which no limit applies, the entire liability of The Suitch to the Customer in respect of any claim whatsoever or breach of this Agreement, whether or not arising out of negligence, shall be limited to the fees paid by the Customer to which the claim relates.
  • In no event shall The Suitch be liable to the Customer for any loss of business, loss of opportunity or loss of profits or for any other indirect or consequential loss or damage whatsoever. This shall apply even where such a loss was reasonably foreseeable or The Suitch had been made aware of the possibility of the Customer incurring such a loss.
  • Nothing in these Terms and Conditions shall exclude or limit The Suitch’s liability for death or personal injury resulting from The Suitch’s negligence or that of its employees, agents or subcontractors.

Termination of order

Either party may terminate order agreements forthwith by notice in writing to the other if:

  • the other party commits a material breach of these terms and, in the case of a breach capable of being remedied, fails to remedy it within 30 calendar days of being given written notice from the other party to do so;
  • the other party commits a material breach of these terms which cannot be remedied under any circumstances;
  • the other party passes a resolution for winding up (other than for the purpose of solvent amalgamation or reconstruction), or a court of competent jurisdiction makes an order to that effect;
  • the other party ceases to carry on its business or substantially the whole of its business;
  • the other party is declared insolvent, or convenes a meeting of or makes or proposes to make any arrangement or composition with its creditors; or a liquidator, receiver, administrative receiver, manager, trustee or similar officer is appointed over any of its assets.

Intellectual property rights

  • All Intellectual Property Rights produced from or arising as a result of the order will vest in The Suitch until all monies specified in the Cost document are received by The Suitch. The Suitch will then assign IPRs to the customer, and will execute any appropriate documents required to complete such assignment. IPRs are restricted to the idea, concept, final compiled code (.flv, .app, .jpg, .mpg1-4, .wav, .aiff, .exe) and artwork that constitute the final deliverable item described in any Development proposal and or Cost document. All other development code, programming resources, back office integration software, visual layered files, animation source files, video rushes, audio clips and any other printed, hand drawn or electronic material cannot be included in IPR transfers unless it was provided by the client to The Suitch for the purpose of completing the order.
  • Copyrights
    • The Client retains the copyright to data, files and graphic logos provided by the Client, and grants The Suitch the rights to publish and use such material. The Client must obtain permission and rights to use any information or files that are copyrighted by a third party. The Client is further responsible for granting The Suitch permission and rights for use of the same and agrees to indemnify and hold harmless The Suitch from any and all claims resulting from the Client’s negligence or inability to obtain proper copyright permissions. A contract for Web site design and/or placement shall be regarded as a guarantee by the Client to The Suitch that all such permissions and authorities have been obtained. Evidence of permissions and authorities may be requested.
  • the other party passes a resolution for winding up (other than for the purpose of solvent amalgamation or reconstruction), or a court of competent jurisdiction makes an order to that effect;
  • the other party ceases to carry on its business or substantially the whole of its business;
  • the other party is declared insolvent, or convenes a meeting of or makes or proposes to make any arrangement or composition with its creditors; or a liquidator, receiver, administrative receiver, manager, trustee or similar officer is appointed over any of its assets.

Divisibility

  • Where project contracts are part invoiced they will be divisible. Each delivery, be that physically or electronically, made hereunder shall be deemed to arise from a separate contract and shall be invoiced separately; any invoice for a delivery shall be payable in full in accordance with the terms of payment provided for within our standard terms and conditions herein, without reference to and notwithstanding any defect of default in delivery of any other stage or instalment of a project.

Force majeure

  • Neither party shall be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, the act or omission of government, highway authorities or any telecommunications carrier, operator or administration or other competent authority, or the delay or failure in manufacture, production, or supply by third parties of equipment or services, and the party shall be entitled to a reasonable extension of its obligations after notifying the other party of the nature and extent of such events.

Independent contractors

  • The Suitch and the Customer are contractors independent of each other, and neither has the authority to bind the other to any third party or act in any way as the representative of the other, unless otherwise expressly agreed to in writing by both parties. The Suitch may, in addition to its own employees, engage subcontractors to provide all or part of the services being provided to the Customer and such engagement shall not relieve The Suitch of its obligations under this Agreement.

Assignment

  • The Customer shall not be entitled to assign its rights or obligations or delegate its duties under this Agreement without the prior written consent of The Suitch.

Severability

  • If any provision of this Agreement is held invalid, illegal or unenforceable for any reason by any Court of competent jurisdiction such provision shall be severed and the remainder of the provisions herein shall continue in full force and effect as if this Agreement had been agreed with the invalid illegal or unenforceable provision eliminated.

Waiver

  • The failure by either party to enforce at any time or for any period any one or more of the Terms and Conditions herein shall not be a waiver of them or of the right at any time subsequently to enforce all Terms and Conditions of this Agreement.

Notices

  • Any notice to be given by either party to the other may be served by email, fax, personal service or by post to the address of the other party given in the Development Proposal and Cost Documents or such other address as such party may from time to time have communicated to the other in writing, and if sent by email shall unless the contrary is proved be deemed to be received on the day it was sent, if sent by fax shall be deemed to be served on receipt of an error free transmission report, if given by letter shall be deemed to have been served at the time at which the letter was delivered personally or if sent by post shall be deemed to have been delivered in the ordinary course of post.

No third parties

  • Nothing in these terms is intended to, nor shall it confer any rights on a third party.

Governing law and jurisdiction

  • These terms shall be governed by and construed in accordance with the law of England and Wales.