Terms and conditions
We’re a fair and reasonable company but like any business we have terms and conditions to make it clear what our, and our client’s responsibilities are.
Quotations and charging
- A quotation is for information only and is binding only if it is in an order which Bananadesign Ltd (hereafter referred to as ‘Bananadesign’) has accepted or a Contract to which Bananadesign has agreed.
- Bananadesign agree to carry out the work detailed in the Client brief, quotation, specification or Contract agreement (hereafter referred to as the ‘Contract’).
- Unless specified otherwise, design projects include one visual. This will be re-worked as appropriate or if the first design fails to meet the requirements of the Contract, Bananadesign will at their expense provide other design solutions as required.
- Unless specified otherwise, print design projects include two sets of author amends (three sets of proofs in total). Additional author amends above three sets will incur additional cost, charged at Bananadesign’s standard hourly rate. PDF proofs are included unless other methods have been agreed.
- Any further or additional work not included in the Contract or if the Client changes the scope of work, Bananadesign will amend its quotation to include such work.
- The costs quoted detail Bananadesign work only. Any other required suppliers will be charged for separately and in addition to Bananadesign’s fees. Other additional expenses not included in the quotation will also be charged for separately and in addition.
- Any work that is started, either experimentally or otherwise, at the Client’s request will be invoiced for.
- Should the project be abandoned or halted for a period of 60 days or more by the Client, Bananadesign will invoice for work done on a pro-rata basis plus a cancellation fee of 20 per cent of the total project cost.
- Any work undertaken outside normal office hours (9am to 6pm, Monday to Friday) at the Client’s request or due to missed deadlines on the Client’s part will be charged as extra.
- Bananadesign’s standard hourly rate is £45 per hour, or part thereof.
- Any accrued credit (for example for incomplete work or invoicing prior to project completion) must be used with six months of the original invoice date. After six months credit is at the discretion of Bananadesign.
- All costs exclude Value Added Tax unless stated.
Approval and delivery
- It is the responsibility of the Client to thoroughly check and ensure all information, such as copy, images, legal requirements, trade-marks, patents and copyrights are correct. Written authorisation will be required to ensure final designs and web-based solutions are correct and satisfactory. Bananadesign will not be held responsible for any errors, either content or otherwise, found after the approval stage.
- Bananadesign will test the website to ensure it meets the standards and criteria stated in the Contract. It is the responsibility of the Client to ensure the website works to their satisfaction.
- Bananadesign will make every effort to keep to agreed delivery dates. Such dates are not to be treated as terms of the Contract and Bananadesign will not be responsible for any loss or damage which may result from late or non-delivery. If the agreed schedule is not kept to through no fault of Bananadesign, any agreed delivery dates cannot be guaranteed.
- For websites, launch is considered the final approval stage and is the agreed mutually-satisfactory completion of the Contract.
- A warranty is offered for website functional fixes for 10 days post-launch. Design and content changes are not included.
- If a Support Plan has been agreed, website support will be provided for the agreement length subject to the conditions of the Support Plan in place.
- Support Plans require a minimum agreement length of 6 months.
- Support is offered (subject to the Website Support clauses 2 and 3 above) during normal office hours (9am to 6pm, Monday to Friday). Support requests outside of this time will be dealt with as soon as possible. Bananadesign will endeavour to respond to and fix support requests outside normal office hours but this does not form part of the Support Plan agreement.
- During holiday periods Bananadesign will provide support cover for emergencies only. Support cover may be provided by a third party appointed by Bananadesign.
- Support Plan response times refer to the time from a request being received and the first response from Bananadesign. Response times are only during normal office hours as described in Website Support clause 4 above. Updates and fixes will be made as soon as possible depending on the nature of the request; if third parties are involved this may take longer.
- Clients without a Support Plan in place may receive website support subject to Bananadesign’s discretion and availability at Bananadesign’s hourly rate subject to a minimum charge of £60.
- Please also see the Service Level Agreement.
- If a Hosting Plan has been agreed the service will be provided for the agreement length subject to the conditions of the Hosting Plan in place.
- Hosting Plan pricing is published on our website and is fixed for the agreement length. Hosting Plan pricing may change from time to time and notice will be given on our website.
- The service is guaranteed an uptime of at least 99.9% per month. The service uptime does not apply to service interruptions caused by scheduled or required server maintenance or problems with your website or causes beyond Bananadesign’s control.
- Clients are responsible for and accept liability for the content on their website. Bananadesign reserve the right to remove content or the service without prior notice, if content is: illegal, offensive, infringes copyright, defamatory or brings Bananadesign or its clients into disrepute.
- The Hosting Plan is a managed service available to Clients that Bananadesign have designed and/or built websites for. To ensure security direct server access is available to the Client and its agents at Bananadesign’s discretion.
- Hosting Plan renewals fall due on the renewal date. Cancellation of the Hosting Plan requires 30 days notice in writing to Bananadesign before the renewal date.
- No refunds will be given for cancellation of the Hosting Plan by the Client during the agreement length.
- Bananadesign reserve the right to suspend, withdraw or terminate services for any website that is in payment arrears of 30 days or more.
- Bananadesign will not provide web server or control panel access to third parties.
- Bananadesign will endeavour to ensure the security of the website and server but Bananadesign does not guarantee that the website will not be hacked, defaced or damaged by unauthorised access. Bananadesign will not be held responsible for any consequential losses that may occur.
- Clients must take reasonable precautions to ensure the security of any passwords required for access to the website and/or server.
- Clients must take reasonable precautions to ensure the systems they use to access the website are free from viruses, trojans, worms and other malware that may affect the service.
- Bananadesign will backup the website once daily and store backups for 7 days. Data stored on Bananadesign’s servers is not guaranteed to be backed-up or available. Bananadesign are not responsible for storing backups and website content for longer than this. It is recommended that Clients pay for Bananadesign’s off-site backup service at additional cost which guarantees website backups for 60 days.
- Upon termination of the Hosting Plan and subject to all outstanding payments being made and only at the Client’s request, Bananadesign will provide a .zip archive of the website files and database free of charge.
- Email may be provided as a courtesy and is not an agreed or guaranteed service. Bananadesign recommend Clients use third-party specialist email service providers.
- Please also see the Service Level Agreement.
- Bananadesign will endeavour to register domain names on behalf of the Client at the Client’s request. Bananadesign cannot guarantee the availability of any domain requested by the Client.
- Bananadesign are not responsible for registering new domain extensions that may subsequently be released by ICANN.
- Domain pricing is published on our website and is fixed for the agreement length. Domain pricing may change from time to time and notice will be given on our website.
- Clients are responsible for ensuring that their contact details are up-to-date and correct.
- Clients are responsible for acting upon any request by ICANN or its affiliates to confirm, validate or correct domain name information. Failure to do so may result in the domain name being suspended.
- In order to ensure continuation of service, domains are auto-renewed 30 days before renewal date. Cancellation of the domain requires 45 days notice in writing to Bananadesign before the renewal date.
- Bananadesign reserve the right to suspend, withdraw or terminate services for any domain that is in payment arrears of 30 days or more.
- Bananadesign reserve the right to charge a fee if Clients request changes or additions to domain information, DNS records or for domain transfers during the agreement length.
- All payments are required in full prior to the course start.
- Course payments are non-refundable.
- Attendees are expected to behave in an appropriate manner and to be respectful of other attendees.
- Attendees are required to arrive in good time prior to the course start.
- The Client will retain copyright for approved final designs that Bananadesign creates, once full and final payment has been made. Any unused designs, concepts or ideas will remain the intellectual property and copyright of Bananadesign. All component artwork, preparatory work, unused designs, sketches and any associated files remain the property of Bananadesign at all times.
- Bananadesign will supply agreed files at the completion of the project. After the completion of a project a fee will be charged for any files requested after 60 days.
- Native artwork files remain the intellectual property and copyright of Bananadesign. Native artwork files will not be passed to the Client unless agreed in the Contract or if an additional fee has been agreed with Bananadesign.
- Bananadesign are not responsible for creating content or providing content unless otherwise agreed.
- The Client assumes responsibility for all content supplied by the Client and indemnifies Bananadesign from any issues arising from its use for any copyright or other legal disputes.
- Programming code will remain the intellectual property and copyright of Bananadesign. Open Source code is subject to its licencing restrictions.
- Bananadesign shall grant the Client, once full and final payment has been made, a non-exclusive, non-expiring, worldwide, royalty-fee right to use the final programming code for its own use.
- Bananadesign shall be entitled to use any final design solutions for publicity purposes and to display a discrete credit on any printed or web solution, unless explicitly requested in writing by the Client not to do so.
Complaints and cancellation
- Should the Client be unhappy with an aspect of Bananadesign’s services, the Client should contact Bananadesign in writing stating the details of the issue. Bananadesign will respond within 7 days. Should the Client be unhappy with Bananadesign’s response, the Client may terminate the Contract.
- Either party may terminate the Contract immediately by giving written notice of termination to the other party if the other party commits a material breach of the Contract.
- Either party may terminate the Contract forthwith by giving written notice to the other party if:
(a) the other party:
(i) is dissolved; (ii) ceases to conduct all (or substantially all) of its business; (iii) is or becomes unable to pay its debts as they fall due; (iv) is or becomes insolvent or is declared insolvent; or (v) convenes a meeting or makes or proposes to make any arrangement or composition with its creditors;
(b) an administrator, administrative receiver, liquidator, receiver, trustee, manager or similar is appointed over any of the assets of the other party;
(c) an order is made for the winding up of the other party, or the other party passes a resolution for its winding up[ (other than for the purpose of a solvent company reorganisation where the resulting entity will assume all the obligations of the other party under this Agreement)]; or
(d) if that other party is an individual: (i) that other party dies; (ii) as a result of illness or incapacity, that other party becomes incapable of managing his or her own affairs; or (iii) that other party is the subject of a bankruptcy petition or order.
Termination of the Contract is subject to the payment terms in the Fees section.
- Any notice from one party to the other party under the Contract must be given by one of the following methods (using the relevant contact details set out in the Contract):
(a) delivered personally or sent by courier in which case the notice shall be deemed to be received upon delivery; or
(b) sent by recorded signed-for post, in which case the notice shall be deemed to be received 2 Business Days following posting,
(c) sent via email
- The addressee and contact details set out in the Contract may be updated from time to time by a party giving written notice of the update to the other party in accordance with clause 1 of this section.
- The Client agrees to pay Bananadesign the agreed fee for carrying out the work detailed in the Contract.
- Payment is to be made according to the payment schedule set out in the Contract. If an initial payment is due, no work will be undertaken until this payment is made.
- If there are any queries about Bananadesign’s invoice, Bananadesign must be informed in writing within three days of its issue.
- Payment shall be made via BACs or Faster Payments Service transfer.
- Balance of payment is strictly 30 days from the date of issue of the invoice. Any invoice not paid in full after 30 days will have interest added at 8 per cent above the current Bank of England base rate until complete and final payment has been made and cleared. This is in accordance with the Late Payment of Commercial Debts (Interest) Act 1998.
- Bananadesign may suspend work and/or refuse to undertake new work for clients with payments in arrears.
- Any payment not settled within 45 days from the date of issue of the invoice may be passed to a debt collecting agency. The Client will cover all associated costs incurred in obtaining full payment.
- Bananadesign shall be entitled to charge the amount of any Value Added Tax (VAT) payable whether or not included in the quotation or invoice. Every endeavour will be made to interpret HM Government regulations regarding liability for Value Added Tax on items produced by Bananadesign. If any claim is made by HMRC for Tax against work or services, for which Bananadesign had not originally charged or estimated, then responsibility for that payment will rest with the Client.
- Full and final payment is treated as the mutually satisfactory conclusion of the project.
- Bananadesign may update these terms and conditions from time to time.
- Bananadesign will not be held responsible for any actions of third-party suppliers not organised by Bananadesign.
- Bananadesign will conduct themselves and behave in a professional and courteous manner at all times and expect the Client and the Client’s suppliers or agents to do likewise.
- Bananadesign will not undertake any work which in their opinion is of an illegal, immoral or unethical nature.
- Client property when supplied to Bananadesign will be held at the Client’s risk.
- The interpretation and the performance of these conditions will be governed by the Law of England.
- 19 February 2016: Website Support clause 4 was amended and a new clause 5 was added.
- 24 February 2016: Copyright clause 1 was amended. Website Hosting clause 10 was amended.
- 27 June 2016: Added Courses section.
- 16 September 2016: Added clause 7 to Fees section.
- 4 January 2017: Added new clause to cover debt collection to Fees section. Updated and rearranged Fees section also.
- 21 January 2019: Added Complaints and cancellation section. Added Notices section. Added a new clause 4 to the Copyright section. Added a new clause 3 to the General section.
- 14 January 2021: Amended Website Support clause 6 to clarify response and fix times. Added Data Protection section.