We (Using My Head Ltd) create websites using Squarespace, a subscription-based web application that provides integrated website hosting, content management tools, and design tools that are accessed through a web browser. We don’t work for Squarespace, and the subscription to the Squarespace service will be your responsibility, meaning you will be liable to pay the subscription fee and accept their Terms of Service in order to have your website hosted on their platform.
We will use the Squarespace tools to adapt a Squarespace template to make your overall website appearance and individual page layouts match your aesthetic wishes as closely as possible. We’ll use the Squarespace tools to provide the interactive functionality on your site, too. We don’t have the ability to alter the core functionality of the Squarespace platform, so the website we create for you will be constrained by the functions provided by Squarespace. We can expand the capabilities of your website by incorporating other web applications, if those applications are compatible with the Squarespace platform. If we use a third party application for your website, the accounts will be set up by you (or on your behalf by us), and you will be liable to accept the terms and conditions and pay any associated costs for using any such service.
Since your website will be built on the Squarespace platform, your core website will be functional in any of the browsers supported by Squarespace. However, should we incorporate any third party applications, these applications may have different levels of browser support, which you can find on those third party websites or by contacting them directly.
Since browser technology and web applications change over time, we can make no guarantee that embedded third party applications or custom code will continue to operate in the desired way at any time after we conclude this project. In the unlikely event that Squarespace, the third party, or web browser technology changes in such a way that this breaks your website, we can provide an estimate for fixing it at that time.
The work is also subject to the following General Terms & Conditions:
Overview & Definitions
1. By ordering any work to be performed on your website or in connection with your website, you agree that the following terms and conditions will apply, hereafter referred to as the "Agreement".
2. In this Agreement, the following definitions apply:
i) "The Company" means Using My Head Limited. Our registered office is at 3 East Point High Street, Seal, Sevenoaks, Kent, TN15 0E.
ii) "The Service" means the service provided by the Company to you which is covered under the Agreement.
iii) "The Customer" means the individual or corporate entity that orders the service from the Company.
iii) "Session" means any consultation, training or collaborative work appointment which entails diary bookings.
3. Where the Service is ordered by a customer that is a corporate entity (defined as either a limited company, public limited company, limited liability partnership, company limited by guarantee or registered charity), the individual that places the order (defined as the living person that physically places the order) hereby agrees to be jointly and severally liable for all the payments required to be made for the Service.
4. Where the Customer is an individual, the Service is not available to those under the age of 18 years.
5. The Service must not be used for any illegal purpose by the Customer. Should the Company discover that the Service is being used for illegal purposes, they will be entitled to immediately terminate this Agreement.
6. Any breach of these terms and conditions by the Customer may result in immediate termination of this Agreement by the Company. Such termination will be at the entire discretion of the Company.
7. The Company reserves the right to refuse the Service to anyone for any reason at any time.
8. Prior to commencing work, the nature of the work to be carried out will be described to the Customer along with the cost of the work.
Limitation of Liability
9. "Losses" in this agreement refers to the following types of losses: direct, indirect, consequential, loss of profits, loss of income/sales, loss of goodwill, loss of search engine rankings, loss of advertising costs, loss of use, loss of data or any other intangible losses.
10. The Company will provide to the Customer an estimated schedule in which the Service will be performed. The schedule is however an estimate only, and sometimes the work will take longer than expected to complete. The Company does not accept any liability for any Losses caused as a result of the Service not being performed in the estimated time.
11. The Customer orders the service from the Company at their own risk, and the Company provides no warranty or guarantee of the Service, save for guarantees and warranties implied by English Law.
12. The failure of the Company to exercise or enforce any of the terms and conditions of this Agreement shall not constitute any type of waiver of such right of provision.
Payment for the Service
13. Where the Customer's registered address is located within the UK, all costs are subject to VAT at the prevailing rate of the United Kingdom. Any price or cost quoted to the Customer will be quoted exclusive of VAT.
14. Payment for the service must be made either in full or in staged payments as detailed in writing in the proposal or Session booking documentation. In cases of staged payments, the initial stage payment is due before the Company commences work on the Service; otherwise payment is due in full before the Company commences work on the Service, except where expressly authorised, in writing, by the Company.
15. Where the Company has agreed, under term (14) above, to accept staged payments for the work, once the work is completed the remaining stages must be paid in full within 30 days of delivery of an invoice to the Customer by the Company.
16. Where the Company has agreed, under term (14) above, to accept staged payments for the work, and where the project duration is longer than 30 days, the Company may issue staged invoices every 30 days for the value of the work carried out until that point. It is the Company’s sole discretion to indicate the value of the work carried out.
Cancellation of the Service
17. The Customer is permitted to cancel the provision of the Service at any time.
18. If the Service includes a Session, the Session can be cancelled at any time up to 24 hours prior to the start of the Session without penalty. If the session is cancelled within 24 hours, payment of 50% of the Session duration is due.
19. Where the Company has commenced work on the provision of the Service, the Customer will not be entitled to a refund of any monies paid to the Company, except where expressly authorised, in writing, by the Company. Where the Company has carried out work in value greater to any monies paid to the Company, the Customer shall be required to make additional payment up to the value of the work carried out until the point of cancellation. It is the Company’s sole discretion to indicate the value of the work carried out.
20. Where the Company has agreed, under term (14) to accept staged payments for the work and in the event of cancellation by the Customer under term (16), the Company shall assess the amount of work completed and inform the Customer within 7 days of their notice to cancel whether any refund to the Customer is due or whether a further payment should be made by the Customer to complete payment for the work completed.
21. Where, under term (18) a refund is due to the Customer, such a refund will be processed by the Company within 7 days.
22. Where, under term (18) a further payment is required from the Customer to the Company, the Customer shall make payment within 7 days.
23. Should the Customer cancel the Service before the Company has commenced work, a full refund of monies paid by the Customer shall be issued by the Company less an administration fee. Such a refund will be processed by the Company within 7 days. The administration fee shall be £75 + VAT for bespoke design projects or £25 + VAT for coding work or small projects with a value of less than £200.
Copyright & Intellectual Property
24. The Customer guarantees that all elements of text, images or other artwork provided for use in delivering the Service are either owned by The Customer, or that The Customer has license/permission to use them.
25. If image sourcing is specified as part of the Service, unless otherwise agreed the images will be licensed to The Company for use on our client websites, and we are responsible for ensuring compliance to copyright laws. However, should The Customer wish to use those images for any other purposes, such as your own brochures or advertising, then we can supply you with information on how to license the images yourselves.
No Assignment By The Customer
26. The Customer may not assign this Agreement without the prior written consent of the Company. Such permission may be refused by the Company at its sole discretion.
27. The Company reserves the right, with or without The Customer’s permission, to display and link to the project as part of our portfolio and to write about it on websites, in magazine articles and in books.
Rights Of Third Parties
28. Nothing in this agreement shall provide or be constructed to provide any third party with any right of remedy, claim, cause of action or privilege.
Entire Agreement & Jurisdiction
29. This Agreement constitutes the entire agreement between the parties. It supersedes and excludes all prior written or oral representations or warranties made by the Company to the Customer.
29. This Agreement is written in accordance with English Law. All parties hereby submit to the exclusive jurisdiction of the courts of England and Wales should any dispute arise.
30. Should any term, warranty or condition, or any part of any term, part of any warranty, or part of any condition, be found to be unenforceable or contrary to English Law, the Customer hereby agrees that it shall not affect the validity or enforceability of the rest of this Agreement or the rest of the term, warranty or condition.