Terms and conditions
Website Design
Definition of terms
Brand Business Boutique – Naomi Gilmour, trading as Branching Out having its principal place of business at 2 Adler Road, Congleton CW12 1GJ
The client - the entity which enters into a contract with Brand Business Boutique
Summary
We will always do our best to fulfil your needs and meet your goals, but sometimes it is best to have a few simple things written down so that we both know what is what, who should do what and what happens if things go wrong.
In this contract you won't find complicated legal terms or large passages of unreadable text. We have no desire to trick you into signing something that you might later regret.
We do want what's best for the safety of both parties, now and in the future.
In short
You, the client, are hiring Brand Business Boutique to design and develop a web site for the estimated total price outlined in our previous correspondence. The agreed payment plan is at the end of the document. What do both parties agree to do? As our customer, you have the power and ability to enter into this contract on behalf of your company or organisation. You agree to provide us with everything that we need to complete the project including text, images and other information as and when we need it, and in the format that we ask for. You agree to review our work, provide feedback and sign-off approval in a timely manner too. Deadlines work two ways and you will also be bound by any dates that we set together. You also agree to stick to the payment schedule set out at the end of this contract.
We have the experience and ability to perform the services you need from us and we will carry them out in a professional and timely manner. Along the way we will endeavour to meet all the deadlines set but we can't be responsible for a missed launch date or a deadline if you have been late in supplying materials or have not approved or signed off our work on-time at any stage. On top of this we will also maintain the confidentiality of any information that you give us.
Details of the works
We will create designs for the look-and-feel, layout and functionality of your web site as per the agreed quote/schedule of work. This contract includes one main design plus the opportunity for you to make up to two rounds of revisions. If you're not happy with the designs at this stage, you will pay us in full for all of the work that we have produced until that point and you may either cancel this contract or continue to commission us to make further design revisions at the hourly rate of £99.
Text content
We are not responsible for writing any text copy unless we specified it in the original estimate. We'll be happy to help though, and in addition to the estimate we will charge you for copy writing or content input.
Photographs
If needed, you will supply us photographs either in digital or printed format. If you choose to buy stock photographs we can suggest vendors of stock photography.
Any time we spend searching for or taking appropriate photographs will be charged for after a free initial consultation to determine if this is the best route to take. Any time we spend editing provided photographs, unreasonably, will be charged at our hourly rate of £99..
Changes and revisions
The estimate/quotation prices originally provided are based on the number of days that we estimate we'll need to accomplish everything that you have told us you want to achieve. If you do want to change your mind, add extra pages or templates or even add new functionality, that won't be a problem. You will be charged as per our Add-on rates, displayed on our website. Along the way we might ask you to put requests in writing so we can keep track of changes.
Technical support
You may already have professional website hosting, you might even manage that hosting in-house; if that's the case, great. If you don't manage your own web site hosting, we can host your website for an agreed monthly fee which will be paid to us annually. We will back up your website but we do not offer or include technical support for web site hosting, email or other services relating to website hosting. Should you require technical support we can pass you directly to our recommended partners. If you do require help with anything beyond the design and development of your site, we'll be happy to help.
Maintenance
Maintenance, if included in the contract, shall be on a month to month basis, with a minimum fee of 1 hour, at the hourly rate, payable in any month where updating is necessary. Fees will be assessed on an hourly basis at the hourly rate, hour or part thereof. No fee will be required in a month where no updating is necessary. Search engine re-submissions, other than the original submission included in the contract fee, shall be included in the maintenance fee. Happy Heart reserves the right to increase the hourly rate, with one calendar month’s notice.
Legal stuff
We can't guarantee that the functions contained in any web page templates or in a completed web site will always be error-free and so we can't be liable to you or any third party for damages, including lost profits, lost savings or other incidental, consequential or special damages arising out of the operation of or inability to operate this web site and any other web pages, even if you have advised us of the possibilities of such damages.
If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.
We do not take any responsibility for the services of third parties and we also do not guarantee listings on Search Engines. The client accepts that it is Search Engines and not us who determine whom they list and whom they will not. The Client further understands there is no guaranteed placement or rank on the Search Engines. We do not control Search Engines’ algorithms and huge shifts can appear daily, weekly and even hourly. We reserve the right to refuse or break a contract without prior notice, if it is believed that the Client, their Website, or any material is illegal, immoral or otherwise unacceptable.
Copyrights
You guarantee to us that any elements of text, graphics, photos, designs, trademarks, or other artwork that you provide us for inclusion in the web site are either owned by your good selves, or that you have permission to use them. When we receive your final payment, copyright is automatically assigned as follows: You own the graphics and other visual elements that we create for you for this project. We will give you a copy of all files and you should store them really safely as we are not required to keep them or provide any native source files that we used in making them. You also own text content, photographs and other data you provided, unless someone else owns them. We own the XHTML markup, CSS and other code and we license it to you for use on only this project.
We love to show off our work and share what we have learned with other people, so we also reserve the right to display and link to your completed project as part of our portfolio and to write about the project on web sites, in magazine articles and in books about web design.
Payments
We are sure you understand how important it is as a small business that you pay the invoices that we send you promptly. As we're also sure you'll want to stay friends, you agree to stick tight to the following payment schedule, which will be as follows, but may be revised based on further conversations between us.
Payment Schedule:
Payment can be made up front in full or monthly payment options are available.
Thereafter our tasks will be invoiced monthly, in advance.
Clients will be required to pay our invoice within 7 days. Invoices will detail our charges and any costs incurred, products bought and services paid for. Interest at 4% pa will be charged on any balance due which remains unpaid 14 days after invoice.
Interest accrued if payment is more than 30 days late is 5% of outstanding amount to be added every 7 days, starting from 31st day after receipt of finished product.
DATA PROTECTION
Brand Business Boutique is committed to protecting your privacy and will handle all information, which it receives from you in accordance with the applicable Data Protection legislation.
(i) Your privacy is of utmost importance to us. We collect personal information about you when you engage the Services of Brand Business Boutique. This will include your name, address, email address and telephone number and any user names and passwords to access sites that are to be developed. We will remove any personal information from our database at the request of the individual concerned if requested to do so. Requests for access to individual information or removal of information should be made in writing.
(ii) Brand Business Boutique only uses your personal information for the original purposes it was given.
(iii) Brand Business Boutique will not disclose, use, give or sell any personal information to third parties for any purposes other than to our Suppliers and other third parties who need to know in order to deliver Services. From time to time we may use your contact details to send you newsletters, advise you of special offers or to let you know about other Services and products we provide. If you do not wish to receive this information you can let us know by email or in writing to our postal address. You will be offered the option to opt out of each communication.
(iv) By accepting our Terms and Conditions and using the Services of Brand Business Boutique, you consent to the collection and use of your personal data by Brand Business Boutique for the purposes outlined above and for any other purpose which is reasonably necessary for us to provide proper Services in accordance with our Terms and Conditions.
The IP for all products excluding is under the ownership of you, the client, any licences and plugins added to the site are owned by Brand Business Boutique and you may be charged an admin fee if transferring to another supplier.
If any of provisions of this agreement are unenforceable such provisions shall be severed from this agreement and the remainder of the provisions shall remain in full force and effect. This agreement shall be construed in accordance with English law and we and you agree to submit to the non-exclusive jurisdiction of the English courts.
Changes to Terms and Conditions
These terms & conditions or those available to view at www.brandbusinessboutique.com they may change from time to time. The Client will be informed of revisions as and when they are issued.
Just like a parking ticket, you cannot transfer this contract to anyone else without our permission. This contract stays in place and need not be renewed. If for some reason one part of this contract becomes invalid or unenforceable, the remaining parts of it remain in place. Although the language is simple, the intentions are serious and this contract is a legal document under exclusive jurisdiction of English courts.
Brand Packages
Definition of Terms
Brand Business Boutique – Naomi Gilmour, trading as Branching Out, having its principal place of business at 2 Adler Road, Congleton CW12 1GJ.
The Client – The individual, business, or entity entering into a contract with Brand Business Boutique.
Summary
We always strive to meet your expectations and deliver outstanding results. However, it's important to have a few clear terms in writing, so both parties understand what’s involved, who’s responsible for what, and what happens if challenges arise.
This document avoids confusing jargon and long-winded legalese. Instead, it sets out simple, fair terms to protect both parties.
In Short
You, the client, are engaging Brand Business Boutique to deliver the Branding Package as outlined in our previous correspondence. Payment details are included at the end of this document.
What do both parties agree to?
As our client, you confirm that you have the authority to enter into this agreement on behalf of your business or organisation. You agree to provide all necessary materials, feedback, and approvals required to complete the branding project in a timely manner, and in the formats requested.
We commit to delivering our services professionally and on schedule, as outlined in our project timeline. We will keep you informed throughout and ensure a high standard of confidentiality regarding any sensitive information you share with us. However, we cannot be held responsible for any delays caused by late feedback, missing materials, or missed approval deadlines.
Details of the Works
This is outlined as per the quote sent.
Revisions:
The package includes the specified number of revision rounds. If additional revisions beyond those included are required, they will be charged at our hourly rate of £99/hour.
Text Content & Visual Assets
You are responsible for supplying any written content, photographs, logos, or brand assets unless otherwise specified. Should you require assistance in sourcing or writing content, additional fees will apply.
You guarantee that any text, images, trademarks, or materials you supply are either owned by you or you have permission to use them.
Changes & Revisions
The agreed fee covers the scope outlined above. If you request additional services, such as extra social templates, new design items, or more extensive revisions, these will be charged according to our current rates, as listed on our website. Any requests may need to be confirmed in writing.
Copyrights
Once full payment is received, copyright of all custom visual designs (logo, templates, banners, business cards, etc.) created specifically for your brand will transfer to you.
Brand Business Boutique retains rights over any proprietary tools, processes, templates, or materials used in the creation process but not explicitly part of your deliverables.
We reserve the right to showcase your project in our portfolio, on our website, and in promotional materials, unless otherwise agreed in writing.
Payments
Prompt payment ensures smooth project progress. You agree to adhere to the following schedule:
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Payment in full upfront or agreed monthly payments.
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Invoices must be settled within 7 days.
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Late payments over 14 days will incur interest of 4% pa.
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Payments outstanding beyond 30 days will incur an additional 5% fee every 7 days starting from day 31 after the final deliverables are sent.
Data Protection
Brand Business Boutique complies with current Data Protection legislation.
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We collect necessary personal information (name, address, email, phone numbers) solely to provide agreed services.
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We will never share your personal information with third parties, except those required to deliver the services.
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You may request access to or deletion of your personal data at any time, in writing.
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By engaging our services, you consent to the use of your data solely for providing our services and communication.
Legal Stuff
While we take every care to deliver high-quality, error-free work, we cannot guarantee that all elements of the designs or templates will function error-free across every platform or medium. Therefore, we cannot be held liable for any loss, damages, or expenses incurred through the use of our designs.
We reserve the right to refuse or terminate any contract if the materials supplied by the client are illegal, offensive, or otherwise inappropriate.
Intellectual Property (IP)
All branding deliverables created specifically for you will be owned by you upon final payment. Any fonts, stock images, or licensed assets used may be subject to third-party licensing terms.
We retain ownership of any proprietary design methods, frameworks, or reusable assets unless explicitly stated otherwise.
Jurisdiction
This agreement is governed by the laws of England and Wales. Any disputes will be resolved under the non-exclusive jurisdiction of English courts.
Changes to Terms
These terms may be updated periodically. Any changes will be communicated to you in writing. The most current version will always be available at www.brandbusinessboutique.com.
Final Note
Just like a parking ticket, you can’t transfer this contract to anyone else without our written permission. Should any part of this contract become invalid or unenforceable, the rest remains intact. This is a legally binding document, designed to ensure a positive, professional relationship.
Content Creation & Social Media Management
Definition of Terms
Brand Business Boutique – Naomi Gilmour, trading as Branching Out, having its principal place of business at 2 Adler Road, Congleton CW12 1GJ.
The Client – The individual, business, or entity entering into a contract with Brand Business Boutique.
Summary
We aim to create engaging, strategic content and manage your social media with care and professionalism. To keep things clear and protect both parties, this agreement outlines responsibilities, deliverables, and procedures.
This document avoids complicated legal jargon. Instead, it sets out fair terms, ensuring everyone is on the same page throughout our working relationship.
In Short
You, the client, are hiring Brand Business Boutique to provide Content Creation and/or Social Media Management services, as detailed in our proposal or prior correspondence. Payment terms are included at the end of this document.
What do both parties agree to?
As our client, you confirm that you have the authority to enter into this agreement on behalf of your business. You agree to provide us with timely access to brand assets, relevant information, and approvals required to deliver content and manage your accounts effectively.
We commit to carrying out the agreed services professionally and promptly. We’ll keep communication open and clear, and we’ll maintain the confidentiality of all sensitive information provided by you.
Details of the Works
Our Content Creation & Social Media Management packages depend on the service selected which is outlined in the quote and services agreed.
The scope of work will be clearly detailed in our package outline or proposal. Any services beyond those listed (e.g., paid ad management, influencer outreach, blog writing) will incur additional fees at our current rates.
Content Approval & Responsibility
We will submit content for your approval before publishing (unless otherwise agreed). You agree to review content, provide feedback, and approve posts in a timely manner to ensure deadlines are met.
While we will take every care to ensure content is accurate and aligned with your brand, you are ultimately responsible for the accuracy and legality of all published content. Any delays in approval may impact the agreed posting schedule.
Intellectual Property & Copyrights
Once payment has been made in full, ownership of all custom-created content (graphics, captions, strategy documents, templates) will transfer to you.
However, stock images, templates, fonts, and third-party licensed assets may be subject to separate usage licenses, which will be communicated clearly.
We reserve the right to showcase non-sensitive parts of the project (e.g., designs, strategies) in our portfolio or marketing, unless you request otherwise in writing.
Changes & Revisions
Our pricing covers the services detailed in the package. Any significant change in scope—such as extra posts, new platforms, or last-minute urgent requests—may incur additional charges, as per our rates listed on our website.
We are flexible and open to evolving with your business needs but may request written confirmation of any new requests.
Third-Party Services
If your package includes the use of scheduling tools, stock libraries, analytics platforms, or other third-party services, you may be responsible for any related fees unless otherwise stated.
We are not liable for the performance, downtime, or functionality of any third-party platforms (e.g., Facebook, Instagram, TikTok) or software used during the process.
Payments
Prompt payment keeps everything flowing smoothly. Payment terms are as follows:
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Payment may be made upfront in full, or via an agreed monthly payment plan.
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Monthly packages are invoiced in advance and due within 7 days.
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Late payments over 14 days will incur 4% pa interest.
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Payments more than 30 days overdue will attract an additional 5% fee every 7 days from day 31 onwards.
We reserve the right to pause work if payment remains outstanding.
Termination & Notice Period
Our Social Media Management & Content Creation services typically operate on a rolling monthly basis unless stated otherwise.
Either party may terminate the agreement with 30 days’ written notice. Work completed up to the termination date will be invoiced accordingly. Refunds will not be provided for partially completed months.
Data Protection
We comply with current Data Protection legislation. Any personal data you share with us (e.g., logins, contact details, social media credentials) will be stored securely and used solely to provide agreed services.
You may request access to or deletion of your personal data at any time.
Legal Stuff
While we will do our utmost to ensure that all published content is error-free and aligned with your brand, we cannot guarantee specific results, engagement, or growth figures due to the nature of social media platforms and algorithm changes.
We are not liable for any losses, damages, or unforeseen events arising from the operation of or inability to operate your social media accounts.
We reserve the right to terminate the agreement immediately if the client’s content, behaviour, or requests are deemed unethical, illegal, or harmful.
Jurisdiction
This agreement is governed by the laws of England and Wales. Any disputes will be subject to the non-exclusive jurisdiction of English courts.
Changes to Terms
These terms may be updated periodically, with notice provided in writing. The latest version will be available at www.brandbusinessboutique.com.
Final Note
Just like a parking ticket, this agreement cannot be transferred without our consent. If any section is found unenforceable, the rest remains valid. While the language is clear and friendly, the intentions here are serious—this is a binding legal agreement.
General Terms and Conditions Online Programmes and Memberships:
Be Website Happy (The Web Design Academy)
Domain Names
Website Hosting
SSL Certificates
MemberPress Training
Woo Commerce Training
Digital Copy.
Acceptance required at checkout
Brand Business Boutique.
Naomi Gilmour trading as Branching Out Online, Adler Road, Congleton CW12 1GJ.
WHEREAS
(ONE)
The second party has requested that the first party undertake certain services in connection with the second party’s website.
(TWO) The first party has agreed to undertake these services THEREFORE it is hereby agreed and declared as follows:-
(ONE) The first party will undertake services as defined in the section “Schedule of work”
(TWO) The works will be undertaken and completed within the agreed timescales.
(THREE) The works will be completed subject to the Standard Terms and Conditions annexed and signed as relative hereto.
Digitally signed on behalf of Brand Business Boutique
Naomi Victoria Gilmour
By signing this contract you declare that you have read, understood and agreed to the terms and conditions specified in this document.