Terms & Conditions
All terms of conditions are written under UK law, and With will only ever be upheld under a UK law. No matter the territory where the claim comes from.Web Contracts & builds
This Web Design and AI Design Contract ("Agreement") is entered into between Shadowban.co.uk ("Designer/Developer") and the Client ("Client") for the provision of web design, UI design, social media management, and AI design services. By accepting these terms, both parties agree to adhere to the outlined conditions.
Scope of Work
We are your internet concierge, providing a wide range of services including web design, AI art design, social media management, and more. The scope of each project will be individually determined and agreed upon prior to project commencement. Our holistic approach may require access to multiple accounts to ensure cohesive online branding across platforms.
Payment Terms for Web and AI Design Services
When it comes to web and AI design services, we require a 50% down payment of the total project cost to initiate the work. The remaining 50% is due upon part-time completion of the project. We understand that financial commitments are significant, and this model ensures both parties are invested in the successful outcome of the project.
Understanding AI and Ownership
Artificial Intelligence (AI) design is an innovative field that uses machine learning algorithms to create designs, patterns, or even pieces of art. It's not just about making things look good; it's about leveraging advanced technology to meet specific goals or solve particular problems. When you opt for AI design services, you're getting a blend of artistic sensibility and cutting-edge technology.
As the Client, you have the option to choose between 'licensed' or 'exclusive' rights for the finalized AI designs. Licensed rights mean that you have the permission to use the designs but do not own them outright. Other clients may also license the same design. Exclusive rights mean that you are the sole owner of the design, and it will not be sold or licensed to anyone else. This decision can affect the project's cost, so choose the option that best aligns with your business needs and budget.
Payment Terms for Social Media Management
Payments for social media management services are due upfront at the start of each month. We handle a variety of platforms including Instagram, Facebook, and others. The number of posts or reels will be determined and agreed upon between both parties, and adjustments will be made based on the Client's availability or specific needs.
Right to Modify Terms
We, as the service provider, reserve the right to change, modify, or revise any aspect of this agreement, services offered, or pricing terms at any time. We will notify clients of such changes by email or through our website, and it will be the client's responsibility to review such changes. Continued use of our services following any change constitutes your acceptance of the modification.
Intellectual Property and Ownership
Upon full payment, all designs and intellectual property will be transferred to the Client. Exceptions will be stated explicitly in the contract.
Revisions, Edits, and Additional Work
Minor changes and revisions are part of our service offering. For more significant changes or additional work, a new agreement may be required.
Client Responsibilities
Clients are responsible for their own passwords. We cannot access your accounts or provide assistance without them. Additionally, clients must inform us about any changes in project scope, payment capabilities, or server environments in a timely manner.
Delivery and Acceptance
Once the project is completed, it will be sent to the Client for review. Upon approval, final payment will be processed, and all files will be transferred to the Client.
Customer Requirements for Project Specifications
It is the customer's responsibility to provide specific project requirements, including but not limited to website copy, images, and specific pages, in a formal written format via email. Communications regarding project specifications will not be accepted over the phone, WhatsApp, or any other instant messaging services. We accept no responsibility for instructions or requirements conveyed through instant messaging platforms. Formal written communication via email is mandatory for the avoidance of misunderstanding and for accurate project execution.
Travel and Additional Services
Additional charges will incur if we have to provide services at a location, including photography and filming. These will be agreed upon beforehand and are available at an hourly rate as stated on the website.
Cookie Policy
We abide by UK cookie laws. Cookies are used for Google Analytics and enhancing user experience. Deleting your cookies will not affect site functionality.
Warranty and Maintenance
We offer a warranty on all completed projects for a period of 14 days from the date of delivery. Any issues that arise during this period will be addressed promptly. Ongoing maintenance and support are available and billed on a monthly basis.
Termination Clause
Either party may terminate this agreement with written notice, according to the terms laid out in this contract. Failure to comply with any terms will result in termination of services.
Non-Compete Clause
For a period of six months after the termination of this contract, the client agrees not to hire any of our employees or subcontractors without prior written consent.
Non-Disclosure Agreement
Both parties agree to treat all information, documentation, and data exchanged as confidential.
Force Majeure
Neither party will be held liable for failure to perform any of its obligations if such failure is a result of acts of God, war, natural disaster, pandemic, or any other unforeseen circumstance beyond either party's control.
Data Protection
We adhere strictly to GDPR and other relevant data protection laws. Client data will only be used for the purposes outlined in this contract.
Accessibility Compliance
All websites developed under this contract will be built to comply with WCAG 2.0 Level AA standards unless otherwise specified.
Project Pauses
If the project is paused due to client indecision or resource limitations, a holding fee may be applied during the period of inactivity.
Arbitration Clause
Any disputes arising from this contract will be settled through arbitration, adhering to the Arbitration Act 1996.
Indemnification
Both parties agree to indemnify each other against any losses incurred due to the actions or negligence of the other party.
Quality Assurance and Testing
Quality assurance is carried out by our team. Clients have a one-week window post-delivery to identify any issues for immediate correction.
Approval and Sign-off Procedures
Client approval is required at the end of each development phase. Failure to approve will halt further development until the issues are resolved.
Late Payment Penalties
Late payments may incur a penalty fee, as specified in the initial contract.
Other Information
We conduct our business practices in full compliance with UK law. Clients are encouraged to contact us at any time via email for clarification or further information.
Other Information
This Agreement is governed by and will be construed in accordance with the laws of the United Kingdom. Clients have the right to contact us via email for any information or clarification.
Limitations of Liability
Shadowban is not liable for any indirect, incidental, or consequential damages arising from the use or misuse of any AI-generated designs or services. Liability for any claims shall be limited to the amount paid for the relevant service or product.
AI Design Accuracy Disclaimer
Due to the nature of AI-based design generation, Shadowban does not guarantee that the results will fully align with client expectations. All AI-generated media is provided "as is," and users should expect variations.
Client Data & AI Model Use
All data provided by the client may be used for the purposes of improving AI model performance, unless explicitly stated otherwise by the client. Shadowban ensures full compliance with GDPR and other data protection regulations.
Digital Media Copyright
Ownership of any derivative works created through AI processes remains with Shadowban until payment is received in full. Upon full payment, the client is granted a non-exclusive, perpetual license for commercial use of the work, unless otherwise agreed upon in writing.
Refund Policy
Refunds will be provided at the discretion of Shadowban. No refunds will be offered for dissatisfaction with the creative output unless the service has failed to meet the agreed specifications.
Termination & Consequences
Either party may terminate the service with a minimum of 7 days' notice. In the event of early termination by the client, any unpaid work up to the date of termination will be charged. Any prepaid fees will be non-refundable.
Security Measures
Shadowban employs best practices to ensure the security of client data. However, no system is immune to breaches, and Shadowban is not responsible for any data theft or loss that occurs due to hacking or other security breaches beyond its control.
Dispute Resolution Process
In the event of a dispute regarding the work delivered, both parties agree to attempt resolution through negotiation. If a resolution cannot be reached, the parties agree to pursue mediation or arbitration before taking any legal action. Any legal action must be taken within the jurisdiction of the courts of England and Wales.
Work Acceptance and Revisions
The client is entitled to up to two revisions of the work provided by Shadowban. Any additional revisions will be subject to additional charges. The work will be deemed accepted if no feedback is provided within 7 days of delivery.
Force Majeure
Shadowban will not be held liable for delays or failures in performance caused by circumstances beyond its control, including but not limited to natural disasters, cyber-attacks, or technical failures.