Legal

Terms of Service

Please read these terms carefully before engaging our services.

Last updated: 27 December 2024

1. Introduction

These Terms of Service ("Terms") govern your use of the services provided by Launchwork Digital ("we", "us", or "our"), a digital agency based in London, United Kingdom. By engaging our services or using our website, you agree to be bound by these Terms.

If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these Terms.

2. Our Services

Launchwork Digital provides digital services including, but not limited to:

  • Website design and development
  • Web application development
  • E-commerce solutions
  • User interface (UI) and user experience (UX) design
  • Digital strategy and consulting
  • Website maintenance and support
  • Search engine optimisation (SEO)
  • Content management systems

The specific scope of services will be detailed in a separate proposal, statement of work, or contract agreed upon between you and Launchwork Digital.

3. Engagement Process

Our typical engagement process involves:

  • Initial consultation to understand your requirements
  • Proposal and quotation outlining scope, timeline, and costs
  • Acceptance of proposal and payment of deposit
  • Project kickoff and ongoing collaboration
  • Review, feedback, and revisions
  • Final delivery and project handover

A binding agreement is formed upon your acceptance of our proposal and receipt of the initial deposit payment.

4. Payment Terms

4.1 Fees and Deposits

All fees will be outlined in the project proposal. Unless otherwise agreed:

  • A deposit of 50% is required before work commences
  • The remaining balance is due upon project completion, prior to final delivery
  • For larger projects, milestone payments may be agreed upon

4.2 Payment Methods

We accept payment via bank transfer (BACS) and major credit/debit cards. All prices are quoted in British Pounds (GBP) unless otherwise specified.

4.3 Late Payment

Invoices are due within 14 days of issue unless otherwise agreed. We reserve the right to:

  • Charge interest on overdue amounts at 8% above the Bank of England base rate
  • Suspend work on the project until payment is received
  • Withhold deliverables until outstanding balances are cleared
  • Recover debt collection costs where applicable

5. Client Responsibilities

To ensure successful project delivery, you agree to:

  • Provide accurate and complete information, content, and materials in a timely manner
  • Respond to requests for feedback and approvals within reasonable timeframes
  • Designate a primary point of contact for project communications
  • Ensure you have the rights to use any materials you provide
  • Make payments according to the agreed schedule
  • Review deliverables and provide constructive feedback

Delays caused by failure to meet these responsibilities may result in timeline extensions and/or additional charges.

6. Intellectual Property Rights

6.1 Client Materials

You retain all intellectual property rights in materials you provide to us (logos, content, images, etc.). You grant us a licence to use these materials solely for the purpose of delivering the agreed services.

6.2 Deliverables

Upon full payment, we assign to you all intellectual property rights in the final deliverables created specifically for your project, excluding:

  • Pre-existing materials, tools, and frameworks owned by us or third parties
  • Open-source components used in development
  • Our proprietary methodologies and processes

6.3 Portfolio Rights

We reserve the right to display completed work in our portfolio, marketing materials, and case studies, unless you explicitly request otherwise in writing.

7. Revisions and Scope Changes

7.1 Included Revisions

Our proposals typically include a reasonable number of revision rounds as specified in the project scope. Revisions must be requested within the project timeline.

7.2 Additional Revisions

Revisions beyond the included allowance or changes to approved work will be charged at our standard hourly rate or as a quoted fixed fee.

7.3 Scope Changes

Requests for work outside the original project scope will require a change order with additional fees and potentially extended timelines. We will provide a written estimate before proceeding with any out-of-scope work.

8. Confidentiality

Both parties agree to keep confidential any proprietary or sensitive information shared during the course of the engagement. This includes business strategies, technical information, financial data, and any information marked as confidential. This obligation survives the termination of our agreement.

9. Warranties and Disclaimers

9.1 Our Warranties

We warrant that:

  • Services will be performed with reasonable skill and care
  • Deliverables will substantially conform to agreed specifications
  • We have the right to provide the services and deliverables

9.2 Disclaimers

Except as expressly stated, we make no warranties regarding:

  • Specific results or outcomes from the use of deliverables
  • Uninterrupted or error-free operation of websites or applications
  • Compatibility with all browsers, devices, or third-party systems
  • Search engine rankings or commercial success

10. Limitation of Liability

To the maximum extent permitted by law:

  • Our total liability for any claims arising from our services shall not exceed the total fees paid by you for the specific project giving rise to the claim
  • We shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, business opportunities, or goodwill
  • We are not liable for delays or failures caused by circumstances beyond our reasonable control

Nothing in these Terms limits our liability for death or personal injury caused by our negligence, fraud, or any other liability that cannot be excluded by law.

11. Indemnification

You agree to indemnify and hold harmless Launchwork Digital, its directors, employees, and contractors from any claims, damages, losses, or expenses (including legal fees) arising from:

  • Your breach of these Terms
  • Your use of the deliverables
  • Materials you provide that infringe third-party rights
  • Your violation of applicable laws or regulations

12. Termination

12.1 Termination by Client

You may terminate the agreement at any time by providing written notice. Upon termination:

  • You shall pay for all work completed up to the termination date
  • Any deposit paid is non-refundable
  • We will provide you with work completed to date upon payment

12.2 Termination by Us

We may terminate the agreement if:

  • You fail to make payment when due
  • You breach these Terms and fail to remedy within 14 days of written notice
  • You become insolvent or enter into liquidation

13. Force Majeure

Neither party shall be liable for any failure or delay in performing their obligations where such failure or delay results from circumstances beyond reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemic, strikes, or shortages of transportation, facilities, fuel, energy, labour, or materials.

14. Dispute Resolution

In the event of any dispute arising from these Terms or our services:

  • The parties shall first attempt to resolve the dispute through good faith negotiation
  • If negotiation fails, the parties may agree to mediation
  • If mediation is unsuccessful, either party may pursue legal remedies

15. Governing Law

These Terms shall be governed by and construed in accordance with the laws of England and Wales. The courts of England and Wales shall have exclusive jurisdiction over any disputes arising from or in connection with these Terms.

16. General Provisions

16.1 Entire Agreement

These Terms, together with any project proposal or statement of work, constitute the entire agreement between the parties and supersede all prior agreements and understandings.

16.2 Amendments

We may update these Terms from time to time. Material changes will be communicated to active clients. Continued engagement of our services constitutes acceptance of the updated Terms.

16.3 Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions shall continue in full force and effect.

16.4 Waiver

Failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

16.5 Assignment

You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign our rights and obligations to a successor entity.

17. Contact Information

If you have any questions about these Terms of Service, please contact us:

Launchwork Digital
Email: [email protected]
Location: London, United Kingdom