Terms and Conditions

The following terms and conditions outline the relationship between Pearl Lemon Group (“The Agency”) and its clients or potential clients.

1. General Terms & Conditions of Business

1.1 Quotes & Prices

• 1.1.1 Quotes/estimates are valid for 30 days from the date of submission.
• 1.1.2 Quotes are based on the information provided by the Client; any changes in scope may lead to adjustments in pricing.
• 1.1.3 Prices are based on current costs and may be amended to reflect changes in production costs.
• 1.1.4 Pre-contract pricing sent via email is an estimate, and actual costs may vary.
• 1.1.5 Estimated times for service completion are not binding.
• 1.1.6 Completion timelines depend on the Client providing necessary materials.
• 1.1.7 If there is any conflict in pricing for a bespoke package, the standard pricing will prevail.

1.2 Methods

• 1.2.1 The Agency reserves the right to subcontract work.
• 1.2.2 Conceptual work remains the property of the Agency unless agreed otherwise in writing.
• 1.2.3 Client-supplied property is held at the Client’s risk unless otherwise agreed.
• 1.2.4 The Agency is not obligated to handle materials that are illegal or infringe upon third-party rights.

1.3 Invoices & Payment

• 1.3.1 Payment is due at the start of each working month.
• 1.3.2 Interest will be charged on late payments under the Late Payment of Commercial Debts Act.
• 1.3.3 All work remains the property of the Agency until full payment is made.
• 1.3.4 VAT is charged on all invoices, unless an exemption certificate is provided.
• 1.3.5 Payments must be in UK Pounds Sterling unless otherwise agreed.
• 1.3.6 Work in Progress (WIP) will be billed monthly until the project is completed.
• 1.3.7 Any additional costs incurred due to Client negligence will be charged accordingly.
• 1.3.8 Late payment may result in suspension of work or services.
• 1.3.11 Returned payments will incur a charge of £50.
• 1.3.12 No guarantees of sales or specific outcomes are offered, and no refunds will be given for services rendered.

1.4 Insolvency

• 1.4.1 In the event of Client insolvency, the Agency may cease work and demand payment for work done. The Agency also reserves the right to hold goods until debts are settled.

1.5 Force Majeure

• 1.5.1 The Agency is not liable for delays or failure to fulfill contracts due to circumstances beyond its control (e.g., natural disasters, strikes, etc.).

1.6 Information Provided by You

• 1.6.1 The Client is responsible for ensuring the accuracy of personal and payment information provided to the Agency.

1.7 Indemnity

• 1.7.1 The Client agrees to indemnify the Agency from any claims or losses arising from breaches of this Agreement.

1.8 Limitation of Liability

• 1.8.1 All implied warranties are excluded, except for those outlined by law.
• 1.8.2 The Agency’s liability is limited to death or personal injury caused by its negligence.
• 1.8.3 No claims will be accepted after one year from the issue date.
• 1.8.4 The Agency will not be held liable for any indirect, special, or consequential damages.

1.9 General Terms

• 1.9.1 The contract is governed by the laws of England and subject to the jurisdiction of English courts.
• 1.9.2 The Agency is not liable for delays beyond its control.
• 1.9.3 All documents exchanged between the Client and the Agency are confidential.
• 1.9.4 This Agreement constitutes the entire contract, superseding any previous communications.
• 1.9.5 Notices may be sent by email or post to the last known address.
• 1.9.6 Headings and numbering are for reference purposes and do not affect interpretation.
• 1.9.7 No joint venture, partnership, or employment relationship exists between the Agency and the Client.
• 1.9.8 The Agency reserves the right to modify these terms at any time.
• 1.9.9 If any term is deemed illegal, the remainder will continue in effect.
• 1.9.10 This Agreement takes effect upon the Client’s acceptance of the terms.
• 1.9.11 The Client may not assign this Agreement without the Agency’s permission.

2. Digital Media Terms & Conditions

2.1 Programming

• 2.1.1 Websites are programmed to be as secure as possible at the time of delivery.
• 2.1.2 Post-completion changes are charged at the Agency’s standard rate.
• 2.1.3 Websites are developed for compatibility with current versions of Microsoft Internet Explorer unless otherwise requested.

2.2 Ownership

• 2.2.1 Ownership of web pages and copyrights transfers to the Client upon full payment.
• 2.2.2 Code used in web pages remains the property of the Agency.

2.3 Content

• 2.3.1 The Client is responsible for providing clear, usable content for web pages.
• 2.3.2 The Client should optimize images uploaded to websites.
• 2.3.3 It is the Client’s responsibility to test and approve website functionality, design, and content before final approval.
• 2.3.4 The Agency can provide legal disclaimers, but it is the Client’s responsibility to ensure their accuracy.

3. Website Hosting and Email Terms & Conditions

3.1 Hosting Services

• The Agency provides hosting services through third-party providers.
• Service availability cannot be guaranteed 100%.
• Service will be removed if payments are missed or services are misused.

3.2 Support

• Support is provided on a best-effort basis during business hours and includes server management services.

3.3 Client Responsibilities

• 3.3.1 The Client is responsible for ensuring that the information on their website is accurate and lawful.
• 3.3.2 The Client must ensure compliance with data protection and other relevant legislation.

4. Service Level Agreements (SLA)

• 4.1.1 SLA hours can be used for any service, excluding fixed costs and essential services such as hosting.

This document outlines the full terms governing the relationship between the Agency and its clients. Acceptance of these terms is mandatory upon placing an order for services.