Terms of service
Legal bumph fills us with as much joy as it probably does you, but these terms of service are a necessary part of any work we take on. We believe in building genuine working relationships with those we work with through personal service and ethical trading.
Last updated: 21 October 2021.
Please read the terms of service carefully, but please do get in touch if you have any questions.
Terms of service
These are the terms of service for As It Should Be Ltd (“the company”, “us”, “we”), trading as Accessibility.Co.
By commissioning services from us, you are agreeing to the following terms and conditions. We reserve the right to update these terms and conditions at any time without prior notice, but the latest version can always be found on this page.
Customers own conditions of purchase or buyer’s standard conditions shall not apply unless accepted in writing in advance.
- We reserve the right to refuse to construct a web site which we may judge as unfit due to content or otherwise. This includes, but is not limited by, sites containing adult oriented material, sites which promote hatred towards persons belonging to any ethnic group, religion or sexual orientation and sites which infringe copyright or are contrary to UK laws.
- The acceptance of a commission shall be deemed as a contractual agreement between the client and the company and its suppliers and agreement to the terms and conditions herein.
- The company and its suppliers cannot always guarantee to start work immediately on a commission but will arrange a date with the client as to when work can commence. Delivery schedules for work where required will be defined in the specification for the commission but we accept no responsibility for delays caused by suppliers or contributors including, but not limited to, contributions that are to be made by the client. If a delivery schedule is not explicitly stated in the specification then we will deliver the commissioned body of work within a reasonable time according to the amount of work necessary to complete the commission.
- We will produce a detailed proposal and specification for the commission in collaboration with the client. When engaging the services of the company, the proposal and specification is deemed to be the full body of work to be completed. If, following approval of the specification and during the project the client wishes to make changes to the specified work then we will produce a revised quotation that defines any extra charges to be incurred. Acceptance of this further quotation will be taken as agreement to commission a separate body of work from that defined in the original proposal and will not supersede or cancel the original agreement except when explicitly stated.
- All material, both text and images, supplied by the client will remain the client’s property. The client is responsible for securing all necessary licenses or permissions for content that is supplied to the company. All such material supplied by the client will be assumed to be the property of the client and therefore free to use in any development without fear of breach of copyright laws.
- The copyright for all material provided by the company and its suppliers, such as code, graphics, photographs, images and text, will remain the property of the company and its suppliers until such time as payment has been made in full whereupon they will become the property of the client.
- The company and its suppliers makes every effort to design the pages which display acceptably in standards compliant browsers to the standard moderated by the World Wide Web Consortium automatic validation tools for HTML, XHTML and their variants, but cannot accept responsibility for pages which do not display acceptably in new versions of browsers released after pages have been designed.
- If a client wishes the company and its suppliers to promote a web site as a separate commission, the company and its suppliers will make every reasonable effort to promote the website effectively but cannot guarantee high placings in search engine results.
- The company and its suppliers can accept no responsibility or liability if any search engine, online directory or search site does not index the web site fully or display the web site in search results.
- The company and its suppliers will initially place the client’s website on one of the company’s demonstration servers during the project so that the client may view the websites progress. When both the company and its suppliers and the client agree that the website meets the criteria agreed during the commissioning process, the company and its suppliers will invoice the client for the full amount due for the commission. On receipt of payment, the company and its suppliers will publish the website on the client’s server, or provide the source code for the site via a download for the client to upload.
- If at any point during the project a client wishes to cancel, they may do so but will be invoiced an amount that the company and its suppliers in it’s sole judgment deems to be appropriate for the amount of work completed on the commission up to the point of cancellation. the company and its suppliers will make every reasonable effort to supply the work done to the point of cancellation immediately following receipt of all outstanding payments. The company will charge a reasonable fee for any extra time spent in transferring the work already completed to the client or any person or persons nominated by the client and include these in a final invoice prior to transfer of files. The company will not be liable for support or further services to the client or their nominees unless arranged by agreement.
- If the client does not supply the content required in order to complete the commission within a reasonable amount of time (14 days), the company and its suppliers will consider that the client wishes to cancel the commission.
- Quotations for services will be valid for one calendar month from the date of invoice. The cost of goods and materials may fluctuate to reflect any changes imposed by our suppliers. All quotations are excluding VAT which will be applied at the rate applicable at the time invoices are raised.
- The company and its suppliers does not undertake to maintain or update a client’s website as part of the design commission. If a client wishes the company and its suppliers to maintain or update a web site as a separate commission, the company and its suppliers will negotiate with the client a maintenance contract appropriate to the amount of work required. Web site maintenance may also be undertaken on a time and materials basis if the client so wishes.
How to pay us
- Invoices are sent electronically with one of the following schedules:
- For training courses, a 50% deposit payment is typically requested once a proposal and quote has been accepted and before the scheduled training dates. The remainder is invoiced once the training has been completed.
- For larger commissions as defined by us, a payment of 25% of the full charges are due prior to starting work on a project. A further payment of 50% is due at the time of production of a ‘beta’ version for final content edits. The balance of 25% will be due the time of launch, as defined in the project proposal and specification.
- For services undertaken on an ongoing basis or under a retainer agreement, monthly invoices will be issued on the last working day of each month.
- For all other commissions, invoices will be issued within 7 days of completion of the work.
- The full balance of all invoices is due 14 days after issue of an invoice, unless specifically agreed and stated otherwise. However, we acknowledge that payments to new suppliers can take longer.
- For individual projects or bodies of work, we may vary the payment terms as necessary. Any variation in payment terms will be clearly stated in any proposals, quotations or statements of work. Variation to the payment terms do not affect the remaining terms and conditions as described in the rest of this document.
- The company and its suppliers reserve the right to alter prices at any time without notice. If a client has commissioned any services from the company and its suppliers prior to a change in prices, that commission will not be subject to any increase, but any subsequent commission may be subject to an increase.
- We reserve the right to charge statutory interest on late payments in accordance with late payment legislation, which consists of 8% plus the Bank of England base rate, as well as any debt recovery costs.
- Any payment returned by the bank or credit card company will incur a £60 administration charge. This will be invoiced and will be added to the total outstanding debt owed by the client.
- Any late payments made in relation to amounts owing to the company and its suppliers that are received outside the agreed invoicing period will be subject to an administration fee of £60 in respect of each reminder letter or email sent. In addition, interest at 12% per annum will be added. If any additional administration work or outside agency is used in collecting the debt then these costs will be added to the account.
- In the event that there are periods when there are no services for the company to perform, we shall not be paid a retainer for these periods. The fee is only payable in respect of Services actually provided.
Contracts with suppliers are established on a case-by-base basis. Suppliers are assessed for their alignment to the company’s values, and are asked to give consideration to the following when supplying goods and services to us:
- Having policies on business ethics and sustainability
- Paying a living wage
- Not undertaking any work using forced labour or slavery
- Avoiding involvement in illegal, immoral or otherwise contentious activities or unethical sectors such as fossil fuels, gambling, human trafficking, tobacco, weapons, etc.
- Minimising negative impact on the environment
We currently do not subcontract work. This is subject to change.
How to get paid
To ensure prompt payment, invoices should quote any Purchase Order number given for the work and be sent to email@example.com.
Unless otherwise stated in our supplier contract, undisputed and valid invoices from SMEs will be paid within 14 days of receipt, and all invoices paid within 30 days of receipt.
Acceptance of agreement
By agreeing to these terms and conditions your statutory rights are not affected.
You acknowledge that you have read this agreement and agree to all its terms and conditions. You have independently evaluated the desirability of the service and are not relying on any representation agreement, guarantee or statement other than as set forth in this agreement.