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Terms of Service

Terms of Service

Last Updated: March 2026

These Terms of Service ("Terms") apply to all design, website, and animation work carried out by ABERZ ("we", "us", or "our") for you, the client ("you" or "Client"). By instructing ABERZ to commence a project or paying a deposit, you agree to be bound by these Terms unless alternative terms are explicitly agreed upon in writing before the project begins.

1. Services and Scope

1.1. ABERZ provides freelance website design, website build and management, animation, and general design services (the "Services").

1.2. Each project will be delivered in accordance with the agreed brief, scope, and format confirmed in writing (the "Project Specification").

1.3. Any requests outside the agreed Project Specification are considered out of scope. We reserve the right to issue a revised quotation, invoice separately, and adjust the delivery timeline for any out-of-scope work.

2. Quotations

2.1. Quotations are valid for 30 days and are based on the information provided by you at the time of inquiry.

2.2. If the brief, requirements, or materials change after the quote is accepted, the project price, timeline, and deliverables may be subject to change. We will always notify you and seek approval before carrying out additional billable work.

3. Payment Terms and Deposits

3.1. Work is scheduled and commenced only upon receipt of a non-refundable upfront deposit:

  • Website and Animation work: 50% upfront, with the remaining 50% due upon delivery or prior to launch.
  • General Design work: 20% upfront, with the remaining 80% due upon delivery.

3.2. The upfront payment secures project time in our schedule. Work will not commence until this payment has cleared.

3.3. Final files, handover of assets, and website launches will be withheld until the final balance has been paid in full.

3.4. Late Payments: We reserve the right to charge interest on all overdue debts under the Late Payment of Commercial Debts (Interest) Act 1998 at the rate of 8% plus the Bank of England base rate.

4. Revisions and Amendments

4.1. Each project includes up to three (3) consolidated rounds of amendments across the agreed project stages, unless otherwise stated in the Project Specification.

4.2. A "round" of amendments consists of a single, consolidated list of requested changes submitted by the Client after a review point.

4.3. Any further amendment rounds, or substantial changes that deviate from the original brief, will be charged at our standard hourly rate of £35 per hour.

5. Client Responsibilities

5.1. For the project to run smoothly, you agree to provide clear instructions, timely feedback, required content (text, images, branding), and necessary approvals.

5.2. If project delivery is delayed due to a failure to provide content, feedback, or approvals within a reasonable timeframe, we reserve the right to adjust the delivery schedule or invoice for the work completed to date.

6. Postponement and Cancellation

6.1. If a project is paused, postponed, or cancelled by the Client, the upfront deposit is retained by ABERZ to cover reserved time and work already undertaken.

6.2. If the value of the work completed prior to cancellation exceeds the deposit already paid, ABERZ will invoice for the outstanding balance for all work completed up to the date of cancellation, payable within 14 days.

7. Delivery and Handover

7.1. Delivery is deemed complete when the agreed final files, website build, or animation assets are supplied, presented for approval, or made ready for launch/handover.

7.2. Ongoing support, hosting, maintenance, or future updates are not included in a standard project build unless explicitly agreed as part of a separate maintenance or retainer package.

8. Intellectual Property Rights

8.1. Ownership: All concepts, working files, source files, and preliminary designs remain the exclusive property of ABERZ.

8.2. Licence to Use: Upon receipt of full and final payment, the Client is granted a worldwide, perpetual, non-exclusive licence to use the final, approved deliverables for their intended, commissioned purpose.

8.3. Editable source files or working files are not provided to the Client by default unless explicitly agreed upon in writing and may be subject to an additional release fee.

9. Portfolio and Promotion

9.1. We are proud of our work. ABERZ reserves the right to display completed work, project visuals, and case studies in our portfolio, on our website, and across our social media channels, unless a Non-Disclosure Agreement (NDA) or confidentiality clause has been agreed in writing prior to the project commencing.

10. Third-Party Services and Assets

10.1. Any third-party costs, including but not limited to software licences, stock imagery, premium plugins, domain registration, hosting, or typography fees, are the responsibility of the Client and are not included in the quote unless explicitly stated.

10.2. ABERZ accepts no liability for failures, restrictions, downtime, or policy changes caused by third-party platforms, hosting providers, or software systems.

11. Limitation of Liability

11.1. ABERZ shall provide the Services with reasonable skill and care.

11.2. To the maximum extent permitted by law, ABERZ shall not be liable for any indirect, incidental, or consequential losses, including loss of profits, loss of data, or loss of business arising from inaccurate client-supplied content, delayed approvals, or third-party system failures.

11.3. Our total liability to you in respect of all other losses arising under or in connection with the Services shall not exceed the total fees paid by you for the specific project in question. Nothing in these Terms limits liability for death or personal injury caused by negligence or for fraud.

12. Governing Law and Jurisdiction

12.1. These Terms, and any dispute or claim arising out of or in connection with them, shall be governed by and construed in accordance with the laws of England and Wales.

12.2. Both parties irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim.

13. Contact

If you have any questions regarding these Terms or a current project, please contact us at: calum@aberz.co.uk.

ABERZ

2026 © ABERZ - Calum Abernethy | York, UK

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