Anna Celeste Watson Terms and Conditions

Prices and Quotations

1. All prices are given in GBP (Pounds Sterling). VAT is not charged.
2. All Quotations are valid for a period of 30 days. Anna Celeste Watson reserves the right to alter or decline to provide a quotation after expiry of the 30 days.
3. Anna Celeste Watson has the right to change hourly rates without notice but will inform her existing Clients before proceeding with any additional work outside of any agreed Quotations or Proposals.

Discounts

1. Anna Celeste Watson offers a 10% discount to charities, as well as vegetarian or vegan specific projects, or projects that specifically encourage eating less meat or that promote animal welfare.
2. Discounts are always offered at the discretion of Anna Celeste Watson and can be withdrawn at any point if she feels she has been misinformed.

Consultations and Expenses

1. Anna Celeste Watson does not usually charge for consultations but on-going consultations and/or travel expenses may be requested at her discretion.

Proposals (Specification Work)

1. A holding deposit of at least £300.00 is usually requested before Anna Celeste Watson proceeds to draw up a Proposal (Specification) for any site, unless otherwise agreed. If Anna Celeste Watson's services are not employed to fully complete the project, the costs would be non-refundable and act as payment to compensate for her time and expertise planning the site.

Delivery

1. Anna Celeste Watson aims to complete all agreed work within a reasonable timescale as agreed. Clients will be informed if for any reason there are any delays in completing the work and given regular updates on the site progress.
2. Anna Celeste Watson shall not be liable for any consequential loss or damages arising from late delivery of the artwork or completed website.
3. Anna Celeste Watson will not be liable for breach of contract where that breach was due to software, hardware or electrical failure, natural events such as fire or other events beyond the control of Anna Celeste Watson.
4. Only 1 concept design will be provided unless the Proposal specifically quotes otherwise. This concept can then be developed according to the feedback of the Client, with up to 2 or 3 rounds of revisions to be made as specified in the Proposal. Once the concept design has been signed off by email, any major changes to either the design or functionality at a later stage may be charged at additional costs at the discretion of Anna Celeste Watson and added to the next invoice.
5. The Client shall make an immediate objection upon delivery if the artwork is not in accordance with the brief. If such objection is not received by Anna Celeste Watson within 14 days of delivery of artwork it shall be conclusively presumed that the artwork is acceptable.
6. If the Client changes the brief and requires subsequent changes, additions or variations, including any changes arising as a result of any User Testing after Anna Celeste Watson has been given to understand that such artwork has been signed off, Anna Celeste Watson may require additional payment for such work. Anna Celeste Watson may also refuse to carry out changes, additions or variations which substantially change the nature of the commission.
7. Websites are tested in the current versions of all major desktop browsers including those made by Apple (Safari), Google (Chrome), Microsoft (Internet Explorer), Mozilla Firefox and Opera but at Anna Celeste Watson's discretion. Testing in other older browsers will not be completed unless you specify otherwise at the Proposal stage. If you need an enhanced design or any additional coding for an older browser, Anna Celeste Watson and/or her Associates can provide a separate estimate.
8. Websites are not responsive unless specifically quoted as being "Fully Responsive" or "Mobile/Tablet Enhanced" in the Proposal. All websites are built to work on desktops for PC and Mac with basic display only on most mobile phones and tablets at Anna Celeste Watson's discretion (i.e. a scaled down version of the site that users will need to zoom into). If you wish to have a responsive website that specifically adapts in any way for use on any device other than a desktop/laptop for PC or Mac (with an enhanced design and/or any additional coding or functionality including swipe/touch features), or a mobile or tablet specific website, this needs to be specified at the Proposal stage as it comes with additional costs, otherwise Anna Celeste Watson and/or her Associates can provide a separate estimate at a later stage.
9. Anna Celeste Watson and/or her Associates retain the right to refuse to publish a website live until any final requested payments have been received.

Warranties

1. Except where artwork is based on reference material or visuals supplied by the Client or where otherwise agreed, Anna Celeste Watson warrants that the artwork is original and does not infringe any existing copyright and further warrants that she has not used the artwork elsewhere.
2. On commencement of any project, Anna Celeste Watson will have been given to understand that all logos, illustrations, photos and content supplied is copyrighted or licensed to the Client, and that Anna Celeste Watson therefore has permission to use, adapt or recreate the said artwork or content as needed for the purposes of carrying out the agreed design work or website build. Anna Celeste Watson cannot be held responsible if any Client has not acquired the appropriate permissions to use such content for example on their website, as it is the Client’s responsibility to ensure that the website and its content comply with standing regulations, even if Anna Celeste Watson has recommended or purchased any stock images or videos on your behalf. The Client therefore warrants that any necessary permissions have been obtained for the agreed use of reference material or visuals supplied by the Client or its customer and shall indemnify Anna Celeste Watson against any and all claims and expenses including legal fees arising from Anna Celeste Watson's use of any materials including images and videos provided by the Client or its customer, or approved for use on the website, even if Anna Celeste Watson has sourced any material for recommended use on the website on the Client's behalf.

Ownership of Artwork

1. Anna Celeste Watson shall retain ownership of all artwork (including roughs and other materials) delivered to the Client.
2. Anna Celeste Watson's original artwork shall not be intentionally destroyed, damaged, altered, retouched, modified or changed in any way whatsoever without the written consent of Anna Celeste Watson.
3. Clients must ask permission to hand over any website artwork or exported graphics to another company for copying, reproduction, or adapting in any way, except for the purposes of promoting the website.

Ownership of Copyright / Copyright Licence

1. The copyright of artwork commissioned by the Client shall be retained by Anna Celeste Watson. Anna Celeste Watson owns the copyright to all her website designs, artwork and illustrations (or in some cases jointly owns copyright with her Associate Partner Illustrator Stu Jones), unless the copyright has specifically been handed over or purchased via a written and signed agreement after full project sign off and any final payments received.
2. Where use of the artwork is restricted, Anna Celeste Watson will nominally grant the Client or the Client’s customer a licence for use for other purposes subject to payment of a further fee in line with current licensing rates to be mutually agreed between Anna Celeste Watson and Client.
3. The licence granted to use the artwork is contingent upon Anna Celeste Watson having received payment in full of all monies due to her and no reproduction or publication rights are granted unless and until all sums due under the Agreement have been paid.
4. The licence granted is personal to the Client or the Client’s customer (where the Client is acting as an intermediary) and the rights may not be assigned or sub-licensed to third parties without Anna Celeste Watson's consent.

Credits / Moral Rights

1. The Client shall ensure Anna Celeste Watson and/or the Illustrator (if collaborating with her Associate Partner Stu Jones) is credited in any editorial use of the artwork. Credits for non-editorial use are not required unless otherwise indicated.
2. Anna Celeste Watson reserves the right to publish images and details of any artwork she completes, including websites, for the purposes of self-promotion, on her own online portfolio websites and social networks, even if she is subcontracted, either once the concept design is approved or the full site is live, and to announce that she is working with any Client, unless otherwise agreed by all parties in writing.
3. Anna Celeste Watson reserves the right to submit the site artwork or working site to any online design review sites, portfolio showcase sites, competitions or to submit the work to any online or printed publications, magazines or blogs for the purposes of publicising the work or gaining design community or user feedback.

Payments

1. Once the requested deposit has been received, both Anna Celeste Watson and the Client are under contract to complete the work within a reasonable timescale, unless otherwise unanimously agreed in writing or by email at any time.
2. Anna Celeste Watson reserves the right to refrain from starting or continuing any agreed work until the requested payments have been received and the funds cleared in her bank.
3. Once the concept design has been approved, any further or major changes to either the design or functionality may be charged at additional costs at the discretion of Anna Celeste Watson and added to the final invoice.
4. Any additional time or costs incurred to Anna Celeste Watson including formatting, searching for or purchasing images, setting-up email accounts, purchasing hosting or domains, or uploading content, may be charged and invoiced at additional costs at the discretion of Anna Celeste Watson.
5. Once the agreed work is completed and the site is put live - even if for any reason the site is not requested to go live within one week from completion of the agreed work (for example once a CMS is handed over to the Client) - the remainder of the payment will be due within the agreed time as specified on the final invoice, unless otherwise agreed (usually within 7 to 14 days).

Client Delays and Unpaid Invoices

1. If Anna Celeste Watson is kept waiting for over 3 weeks without receiving any content in order to proceed with or complete any agreed work, then she reserves the right to charge for the remaining payment or at least part of the remaining payment at her discretion, unless otherwise agreed.
2. Any changes needed to the site resulting from a long delay in providing content may be charged at additional costs at the discretion of Anna Celeste Watson.
3. Interest is charged at a rate of 8% per month plus the Bank Of England base rate is payable on any balance unpaid after 14 days of the date of invoice. This is in accordance with the law as detailed here: https://www.gov.uk/late-commercial-payments-interest-debt-recovery/charging-interest-commercial-debt. If full payment has not been received 21 days after the due date, Anna Celeste Watson has the right to revoke the Client's licence of the work until full payment has been received.

Subcontracted Work

1. Anna Celeste Watson sometimes subcontracts work to her Associate Illustrator Stu Jones, Print Designers and Web Developers where necessary and always keeps the Client informed if this is the case and in some cases the Client may be asked to work with and pay her Associates directly and separately for such work.
2. Anna Celeste Watson never subcontracts any conceptual web design / artwork except when collaborating with her Associate Partner Illustrator Stu Jones.
3. Large amounts of subcontracted work such as Web Development work for Content Managed Sites and Online Payment Systems are usually invoiced directly from the Associate Company or Freelancer and not from Anna Celeste Watson. Even if contracted directly through Anna Celeste Watson, she cannot under any circumstances be held responsible for such work that is delayed, uncompleted or deemed unacceptable by subcontractors, but will of course endeavor to do everything within her means to help Clients to fulfill the project, at her discretion.
4. If in the unlikely event Anna Celeste Watson became unable to complete any project, she would endeavour to do everything within her means to hand the project over for completion by her Associates or to a third party with her Client’s consent, or else hand over all completed work to that date and cancel all remaining payments, and if relevant and at her discretion refund previous part payments for uncompleted work.
5. Other related services such as Hosting, Domain Names, Advanced Search Engine Optimisation and Photography can be arranged but may be at additional costs, and is not under the management or responsibility of Anna Celeste Watson.

Force Majeure

1. 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, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the party shall be entitled to a reasonable extension of its obligations.

General

1. These Terms and Conditions supersede any previous Terms and Conditions distributed in any form. Anna Celeste Watson reserves the right to change any of the Terms and Conditions at any time and without prior notice. By commissioning Anna Celeste Watson, the Client is agreeing fully to these Terms and Conditions.
2. In the event any one or more of the provisions of these Terms and Conditions shall be held to be invalid, illegal or unenforceable, the remaining provisions shall be unimpaired and shall not be void for this reason alone.

Website Compliance

1. Anna Celeste Watson designs websites in accordance with the Client's specifications but it is the Client's responsibility to ensure that the website and its content comply with the law and all standing regulations and the Client shall indemnify Anna Celeste Watson against any and all claims and expenses including legal fees arising from any misuse or not complying with such regulations.

Website Terms of Use

1. annacelestewatson.com is the website of Web Designer Anna Celeste Watson. If you have any queries about privacy or these terms and conditions please email info@annacelestewatson.com. By using annacelestewatson.com you accept and agree to be bound by these terms and conditions.
2. The information on the website is subject to change without notice. Anna Celeste Watson makes no representation or warranty, express or implied, regarding the completeness, accuracy, reliability, adequacy, suitability, or operation of the website or the information contained in it.
3. Anna Celeste Watson disclaims all liability arising from negligence or otherwise in relation to the website or in relation to any information contained in it.
4. By using the website you accept and assume the risk that information may be out of date, incomplete, and inaccurate or may not meet your individual requirements and you agree that use of the website is at your sole risk.
5. The website may contain links to third party websites. Such links are provided for information purposes only and Anna Celeste Watson is not responsible for the content of or the accuracy of information contained on such websites. Anna Celeste Watson hereby excludes all liability for any claims, loss, demands or damages of any kind whatsoever howsoever arising as a result of accessing third party websites from the links contained in the website.
6. Anna Celeste Watson shall have no liability to you for any direct or indirect loss suffered, whether financial or otherwise, as a result of any computer viruses or malware originating from or transmitted by any third party via the website.
7. The copying, reproduction, redistribution, retransmission or storage of any part of the contents of the website is prohibited unless you are expressly promoting Anna Celeste Watson's services or work via your blog or social networks for example, in which case a credit to 'Anna Celeste Watson' and link back to the website annacelestewatson.com is required.
8. These terms shall be governed by English law and you agree that any dispute concerning them or the website shall be subject to the jurisdiction of the Courts of England and Wales.

Privacy Statement

1. Any information users provide is solely to enable Anna Celeste Watson to process your enquiry or project and provide a high level of service. The information concerning you will be accurate and up to date and will be held in accordance with the law. If you find any inaccuracies she will delete or correct it promptly.
2. Except as set out here or as required by law or a court of competent jurisdiction, Anna Celeste Watson will not reveal any personal data about you to any third party, except to her relevant Associates if necessary for gathering quotations, but you consent to your such being disclosed to any person, firm or company to whom she sell the whole or a substantial part of our business or to whom she may transfer any part of her rights or obligations.

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