Please read through our terms – working with thinklab means accepting our terms of service
This document is to be viewed by all involved parties as a binding and insoluble contract in agreement to the terms stated below. By agreeing with these terms you authorise thinklab and its associated companies (hereafter referred to as “thinklab”) to proceed with the creation of the product as discussed either verbally or as a result of an agreed proposal. We presume by working with us you’d like us to stay in touch with you by sending the occassional email to you updating you with all the great things we are up to – however you can unsubscribe at any time. Working with us will automatically opt you in for communications. We will never use your email address for any other purpose.
thinklab’s office hours are; Monday: 9am – 5.00pm. Tuesday to Thursday: 9am – 5.00pm. Friday: 9am – 4.00pm. Please note that staff do not have business mobile telephones.
In order to deal more effectively with your queries, we ask that you put any questions to us an email. This system allows us to distribute questions to the appropriate departments, and thereby respond to you, more efficiently. There are three ways to contact us. For general enquiries, email firstname.lastname@example.org. For amendments or updates please email email@example.com. t: +44 (0)1536 771 070.
Provision of Materials
You agree to provide us with the specific copy, images and information we require in order to create your product, or to advise us as to where we can locate such materials. We accept no responsibility for your site not being put live/product being completed by a specific date if we are unable to secure necessary and/or suitable information and/or materials from you. If you cannot supply the information you wish to feature in your product, we will do what we can to obtain it, but we accept no responsibility for errors, omissions or discrepancies which may be present on the final product, as these may arise through our lack of specialist knowledge regarding the content of your product. The time taken to compile the data, as well as any time required to correct errors, omissions or discrepancies which have arisen through your not providing us with adequate materials, will be charged to you at our standard rate. We accept no responsibility for the delay caused in providing you with the final product as a result of your supplying us with insufficient or unsuitable materials. This does not apply if the additional cost could have been avoided but for unreasonable delay on the part of thinklab in ascertaining the unsuitability of the materials with which you provide us. Where you supply or specify materials, we will take every care to secure the best results in the finished product, but we accept no responsibility for imperfect work caused by defects in or unsuitability of materials so supplied or specified.
Print – Print Proof Agreement
If thinklab provided you with a proof, your signing this agreement or ‘signing off’ via email confirms that you agree to the design and contents of the printed document as depicted on the proof. By signing off this agreement, you absolve thinklab of all liability for any errors, omissions or discrepancies which may be present on the proof. Once you have signed off this agreement and proof if supplied, you are not able to make any changes to the final product, nor are you able to hold thinklab responsible for anything you are unhappy with. This contract revokes your right to take any kind of action against thinklab for any aspect of the work with which you are later dissatisfied. Signing off this contract means that, as long as the finished product is as discussed with thinklab and consistent with the proof if supplied, you must pay in full for the work. This fact applies whether or not you later take issue with any aspect of the product. These terms are final and non-negotiable. This is your final opportunity to make changes to the content.
Making Changes After Proof Stage (Print Only)
If a change is requested, we will do everything we can to make the correction before the printing starts, but we cannot guarantee this. We accept no responsibility, under any circumstances, for any mistakes present on the completed work, as the signing-off of a proof absolves us of all liability (see “Proof Agreement” above). Once the proof is signed off or agreed, whether verbally or via email, we incur a film / plate(s) charge and this is passed on to you as part of the total charge. Any changes made after a proof is signed off will result in a further film / plate(s) charge.
Print Quality (Print Only)
Every effort will be made to obtain the best possible colour reproduction on customer’s work but because of the nature of the processes involved, thinklab cannot guarantee an exact match in colour or texture between any materials with which you supply us, and the printed article. Our budget business cards do not have a guaranteed specification and we reserve the right to vary stock or quality as either we see fit, or circumstances/availability dictate. If the exact specification is important, the cards must be ordered as a bespoke job and requirements discussed prior to starting.
Quantity Supplied (Print Only)
Every effort is made to produce the exact quantity of items ordered. However, some variation is inherent in the print process and so you accept that minor variations in quantity are possible. These do not affect the price charged.
Claims (Print Only)
Advice of damage, delay or partial loss of goods in transit or of non-delivery must be given in writing to thinklab within three clear days of delivery (or, in the case of non-delivery, within 28 days of dispatch of the goods) and any claim in respect thereof must be made in writing to thinklab and the carrier within seven clear days of delivery (or, in the case of non-delivery, within 42 days of dispatch). All other claims must be made in writing to thinklab within 28 days of delivery. thinklab shall not be liable in respect of any claim unless the aforementioned requirements have been complied with except in any particular case where the customer proves that (i) it was not possible to comply with the requirements.
Standing Material (Print Only)
All materials (including but not limited to film, plates, negatives and positives) produced and used by thinklab during the production process remain the property of thinklab. Where these materials are provided by the client, they remain the property of the client. thinklab reserves the right to dispose of lithographic work immediately after the order is executed unless written arrangements are made to the contrary. In the latter event, rent may be charged for the safe-keeping of the materials.
Payment Terms (Print)
New customers agree to pay a deposit of 50% of the final bill upon ordering, and to pay the outstanding balance on delivery of the completed work. Existing customers agree to adhere to the terms stated on the invoice. All deposit payments are non-refundable. Any invoice outstanding after 60 days will incurr a 4% monthly charge until settled.
Websites – Website Updates & Site Maintenance
These are charged at an agreed rate per hour (or part thereof). If you want to introduce new material in the form of extra pages, additional functions, or more information than is already available on your site, this must be paid for as a new job. Where possible thinklab build websites to confirm with web standards. This may not always be possible and we do not guarantee all sites will validate. thinklab do not guarentee sites look or operate the same in all browsers/operating systems. Your requirements should be specified BEFORE any work is undertaken. All outstanding invoices must be settled prior to new projects going live.
Whilst we strive to achieve as much backwards compatibility as possible, we offer support for latest major browser versions only. Any development work required to investigate older versions will be charged for accordingly unless discussed within the initial scope of a project. Older browser support and compatibility is not guaranteed.
PLEASE NOTE: thinklab no longer build websites for Internet Explorer. Microsoft ended support for Internet Explorer back in January 2016. We only develop for modern browsers to allow us to be not only creative but use all the latest technologies and frameworks.
Hosting & Email Accounts
thinklab take no responsibility for any loss of business through non retrieval of emails, bounced messages or undelivered electronic mail. thinklab take no responsibility for the content of emails including attachments and viruses. Cancellation of any website will result in the withdrawal of the hosting package after 48 hours. All hosting packages are non-refundable. Should the client request that a domain name purchased by thinklab on their behalf be transferred to another host, a release fee of £50 + VAT will be charged. Website hosting will be renewed automatically as part of the initial contract, but a notice period of not less than 14 days will be given at the time invoicing. Clients must cancel their renewal in writing within this notice period, otherwise all charges will become payable and cancellation will NOT be accepted after this date, as monies will have been paid by thinklab on the client’s behalf. Our poviders full terms & Conditions Can be viewed here for Fasthosts or here for Digital Ocean.
We re-sell server space – we are not responsible or make any commitments regarding performance or fraud aginst any website that is hosted or loss of business. We do not automatically backup websites unless this has been specified as this will incurr additional costs. We accept no responsibility for any loss of content as a result of the afore mentioned. Servers are all under a 12 month non-refundable contract and automatically renewed without notice. Our poviders full terms & Conditions Can be viewed here.
We offer no guarentees against any website being hacked. If a website is hacked we will do our best to restore the site but there will be work charges associated with any development and no guarentee is given against being able to restore any website. A compromised or “hacked” website or server is a serious threat to our network. thinklab, at its sole discretion, will take any and all measures to prevent a compromised website or server from doing additional damage to its own system and files or to the rest of the internet. thinklab has the right to take down and suspend any compromised website / server at it’s own discretion. If there are no back up plans paid for by the client, thinklab reserve the right to charge for any restoritive work or refuse to restore any website or server.
HTML email is not supported by all email systems and we do not guarantee the code we provide will display correctly in all email clients. Your requirements should be specified BEFORE any work is undertaken.
Any systems, including eCommerce and Content Management System, provided to the client remain the intellectual property of thinklab and as such no access is given to the source code or database. Systems cannot be transferred away from our provided hosting solution. Any admin or CMS system is only licensed to the client and will remain the property of thinklab.
E-commerce/CMS systems will be provided as an empty shop/site, and training will be given to the client(s) on using the system. A delay in the client populating the e-shop/site will not be accepted as a reason for delayed payment as, once it is ready to be populated and training has been given, thinklab’s job is done. thinklab offers a service to populate the client’s shop site/CMS on their behalf, and prices are available on request for this service. This does not include any photography, and where clients feel unable to create their own imagery of products, a photographer must be sought. thinklab are happy to recommend independent photographers where necessary, but the contract will be between the client and said photographer. Additional training and support packages are available, and again the prices for these services are available on request.
thinklab guarantees all of its websites / bespoke software solutions provided to clients insofar as any faults or bugs will be rectified within a reasonable period of time so as not to interrupt the service provided by clients to their clients / users for an unacceptable time.
Once a client has agreed a look and feel proof and instructed thinklab to proceed to build, any subsequent changes in style or design requested by the client will be charged for at the appropriate hourly rate. Once a website has been signed off it is classed as ‘tested’. Any faults found post sign off will be charged to rectify.
We only build websites to the latest browser versions we deem fit for purpose. We test on all major ‘breakpoints’ including mobile at popular screen sizes as well as various browsers we deem fit. In addition to the developer tools that lets us view the various breakpoints, we also test locally in browser on iPhone and iPad. Major browsers for mobile are built with the WebKit engine, or a variant of the WebKit engine and as such we test against that to ensure as wide compatibility as possible and also use tools which aims to increase compatibility across more niche browsers that still use vendor tags. The build itself is fully standards based built with the latest CSS developments so will have no issues on any of the modern browsers and devices. It is the clients responsibility to test the system to their satisfaction and to meet the requirements of their users. Once sign off has been completed thinklab accept no responsibility for any errors or malfunctions of their systems or code. The client is wholly for testing. thinklab can arrange third party testing if required on behalf of the client.
Payment Terms (Web)
You agree to pay a deposit of 50% of the final bill immediately. Payment is strictly 30 days from the date of the invoice unless otherwise specified. All website design projects must be paid in full prior to ‘going live’. We reserve the right to suspend any services until the outstanding debt is cleared. Any non-payment of an invoice may be subject to a £30 administration charge. Any invoice outstanding after 60 days will incur a 4% monthly charge on the outstanding invoice until settled. The customer is responsible for all money owed from the time it was established. Hosting and domain name payment is due immediately upon setup. When we have finished building your site, we will put it live on our own server under a temporary name, which we will give you. After we have informed you of the site’s location on our server, you have 48 hours to view the site and ask for any amendments to be made. The site can be kept live for a longer period if you specifically request this. After the 48-hour viewing period has elapsed, the invoice will be issued as – apart from minor alterations or transfers onto other domain names – our work on the site is then complete. Once the bill is settled in full, we will put the site live on its own domain name, or – if you have not yet selected one – it will remain live on our server. If you possess your own domain name, we will initiate whatever process is necessary to put the site live once the bill is settled. You are not permitted to point your own domain name to the test site on the thinklab server. If this is found to be the case, we reserve the right to remove the site from our server. All deposits are non-refundable. Projects that are stalled or put on hold outside of the control of thinklab will be charged and billed after 30 days.
thinklab does not supply clients with our original artwork unless specified. An additional charge will be made to provide these files. Unless negotiated and agreed in writing, the copyrights of general artwork, commissioned artwork, illustrations, website design, programming and copy belong to thinklab. If you supply us with material, it is your responsibility to obtain all necessary copyrights for its use, and we assume that you possess these. In such cases, the copyright belongs to you. By working with thinklab, you agree to indemnify thinklab from any claim which arises regarding the use of material with which you supply us. We reserve the right to use any artwork or printing we produce for the purposes of promoting our services unless you request otherwise in writing.
All quotes for work are valid for thirty (30) days, after which time all proposed work will have to be re-quoted. We take no responsibility for a re-quoted price differing from an original quote.
A deposit payment, howsoever made, constitutes an agreement to the contract to which it relates, and will be accepted by thinklab in lieu of a signature on said contract.
thinklab reserves the right not to supply any matter deemed illegal, libellous or offensive, or which may be an infringement of the proprietary or other rights of any third party. This agreement indemnifies us in respect of any claims, costs and expenses arising out of any libellous matter or any infringement of copyright, patent, trademark, design or of any other proprietary or personal rights contained in any material supplied for the customer. The indemnity shall extend to any amounts paid on a lawyer’s advice in settlement of any claim.
The Client unconditionally guarantees that any element of text or graphics given to thinklab, including any contractors, for inclusion in designs do not infringe on any copyright or trademarks that have been already established by another company or organisation. The Client will hold harmless and protect thinklab from any claim or suit arising from the use of such as furnished by The Client.
We make every effort to produce original artwork. If, however, we create artwork for you which infringes on any existing trademarked artwork, thinklab will not be held liable by third parties or the client. It is the Client’s responsibility to ensure that any work created for their product, company or service is not already in use, and it is the Client’s sole responsibility to secure a service mark or trademark to protect the rights to any name or image. We will not be held responsible for any legal action that may result from improper due diligence on the availability of a company name, trademark, or image.
Ownership of the final artwork becomes the full property of the Client, having unlimited, indefinite and unrestricted use of the design upon payment of all fees. thinklab retains the right to display the artwork in their corporate portfolios and marketing materials. All concepts furnished to the client are for client review and comment purposes only. Until all project invoices are paid in full by the Client, thinklab will retain exclusive copyright and ownership of all design and draft materials and any usage will be deemed an infringement of standing copyright protections and pursued appropriately by thinklab. Ownership of final designs are transferred to the client on payment of all fees, however unless otherwise arranged in writing. thinklab retains ownership of all draft materials not used in the final design.
Graphics may not be resold, added to design or art collections, as part of a gallery or template collection or redistributed in any manner without express written permission by thinklab.
thinklab accept no liability whatsoever for consequential or third party losses, resulting in a delay in delivery howsoever caused.
thinklab accept no liability whatsoever for financial loss or loss of earnings arising from products or services provided by thinklab.
thinklab accept no responsibility if we are unable to carry out any provision of the contract for any reason beyond our control including (without limiting the foregoing) Act of God, legislation, war, fire, flood, drought, failure of power supply, lock-out, strike or other action taken by employees in contemplation or furtherance of a dispute or owing to any inability to procure materials required for the performance of the contract. During the continuance of such a contingency you may, by written notice to ourselves, elect to terminate the contract and pay for work done and materials used, but subject thereto shall otherwise accept delivery when available.
thinklab shall not be liable for any loss to the customer arising from delay in transit caused by circumstances beyond thinklab’s control.
The invoice we send you will be itemised, showing the cost of the design and research process, as well as the production itself. Supplying us with suitable material will, therefore, reduce the time spent on design and, thereby, the final charge. VAT is charged at the current Customs & Excise rates and according to current regulations, irrespective of whether or not it is included in a price quotation.
Jobs Put On Hold or Cancelled by the Client
Jobs put on hold or cancelled by the client during production will be invoiced at our full hourly rate based on the number of hours worked and our outlay on materials. This applies irrespective of any package agreements which have been signed, as package discounts only apply if a job is brought to completion. The invoice we issue must be paid in full together with any VAT that falls due accordingly.
For invoices not settled within the agreed credit terms, we reserve the right to charge interest on the overdue debt at 3% above the Barclays base rate at the time and an administration fee to cover the debt recovery costs.
Any customer ceasing to pay their debts in the ordinary course of business or proving unable to pay their debts as they become due or, being, a company, is deemed to be unable to pay its debts, or has a winding-up petition issued against it or, being a person, commits an act of bankruptcy or has a bankruptcy petition issued against it, thinklab, without prejudice to other remedies, shall (i) have the right not to proceed further with the contract or any other work for the customer and be entitled to charge for work already carried out (whether completed or not) and materials purchased for the customer, such charge to be an immediate debt due to it, and (ii) in respect of all unpaid debts due from the customer, have a general lien on all goods and property in its possession (whether worked on or not) and shall be entitled on the expiration of 14 days’ notice to dispose of such goods or property in such manner and at such price as we think fit and to apply the proceeds towards such debts.
thinklab agrees where possible to keep the confidential information of its clients confidential, including all administration areas of websites and details of referrers and those who are referred. All such data recorded by a website will be treated as confidential in accordance with the Data Protection Act but thinklab accepts no responsibility for issues ariing from third parties faults. Hacking is a minor risk but thinklab accept no responsibility for ‘hacked’ sites. We will however endevour to restore any site within reasonable time.
All incoming and outgoing email messages and associated data are archived locally here at thinklab and additionally archived in the cloud, managed by Google. Data that is stored locally is fully encrypted in a secure environment that only we have access to. We store such data in order to provide a better service. If you wish to view the data we store or wish for said data to be securely deleted, please send this request to firstname.lastname@example.org in accordance with GDPR regulation.
We reserve the right to update these Terms and Condidtions at any time.