T & Cs

Application and entire agreement

1. These Terms and Conditions apply to the provision of the services detailed in Annex 1 (quotation) by Tessa Sanders-Barwick (trading as Puffin Digital Graphic Design) of Puffin Cottage, 86 Above Town, Devon, TQ6 9RQ (we or us) to the person buying the services (you).
2. You are deemed to have accepted these Terms and Conditions when you accept our quotation or from the date of any performance of the Services (whichever happens earlier) and these Terms and Conditions and our quotation (the Contract) are the entire agreement between us.
3. You acknowledge that you have not relied on any statement, promise or representation made or given by or on our behalf. These Conditions apply to the Contract to the exclusion of any other terms that you try to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.

Interpretation

4. “business day” means any day other than a Saturday, Sunday or bank holiday in England and Wales.
5. The headings in these Terms and Conditions are for convenience only and do not affect their interpretation.
6. Words imparting the singular number shall include the plural and vice-versa.

Services

7. We warrant that we will use reasonable care and skill in our performance of the Services which will comply with the quotation, including any specification in all material respects. We can make any changes to the Services which are necessary to comply with any applicable law or safety requirement, and we will notify you if this is necessary.
8. We will use our reasonable endeavours to complete the performance of the Services within the time agreed or as set out in the quotation; however, time shall not be of the essence in the performance of our obligations.
9. All of these Terms and Conditions apply to the supply of any goods as well as Services unless we specify otherwise

Your obligations

10. You must obtain any permissions, consents, licences or otherwise that we need and must give us with access to any and all relevant information, materials, properties and any other matters which we need to provide the Services.
11. If you do not comply with clause 10, we can terminate the Services.
12. We are not liable for any delay or failure to provide the Services if this is caused by your failure to comply with the provisions of this section (Your obligations).

Fees

13. The fees (Fees) for the Services are set out in the Annex 1 (charges) and are on a time and materials basis.
14. In addition to the Fees, we can recover from you a) reasonable incidental expenses including, but not limited to, travelling expenses, hotel costs, subsistence and any associated expenses, b) the cost of services provided by third parties and required by us for the performance of the Services, and c) the cost of any materials required for the provision of the Services.
15. You must pay us for any additional services provided by us that are not specified in the quotation in accordance with our then current, applicable hourly rate in effect at the time of performance or such other rate as may be agreed between us. The provisions of clause 14 also apply to these additional services.
16. The Fees are exclusive o any applicable VAT and other taxes or levies which are imposed or charged by any competent authority.

Cancellation and amendment

17. We can withdraw, cancel or amend a quotation if it has not been accepted by you, or if the Services have not started, within a period of 5 days from the date of the quotation, (unless the quotation has been withdrawn).
18. Either we or you can cancel an order for any reason prior to your acceptance (or rejection) of the quotation.
19. If you want to amend any details of the Services you must tell us in writing as soon as possible. We will use reasonable endeavours to make any required changes and additional costs will be included in the Fees and invoiced to you.
20. If, due to circumstances beyond our control, including those set out in the clause below (Circumstances beyond a party’s control), we have to make any change in the Services or how they are provided, we will notify you immediately. We will use reasonable endeavours to keep any such

Payment

26. We will invoice you for payment of the Fees either:
27. when we have completed the Services; or
28. on the invoice dates set out in the quotation or Annex 1.
29. You must pay the Fees due within 30 days of the date of our invoice or otherwise in accordance with any credit terms agreed between us.
30. Time for payment shall be of the essence of the Contract.
31. Without limiting any other right or remedy we have for statutory interest, if you do not pay within the period set out above, we will charge you interest at the rate of 2% per annum above the base lending rate of the Bank of England from time to time on the amount outstanding until payment is received in full.
32. All payments due under these Terms and Conditions must be made in full without any deduction or withholding except as required by law and neither of us can assert any credit, set-off or counterclaim against the other in order to justify withholding payment of any such amount in whole or in part.
33. If you do not pay within the period set out above, we can suspend any further provision of the Services and cancel any future services which have been ordered by, or otherwise arranged with, you.
34. Receipts for payment will be issued by us only at your request.
35. All payments must be made in British Pounds unless otherwise agreed in writing between us.

Sub-Contracting and assignment

29. We can at any time assign, transfer, charge, subcontract or deal in any other manner with all or any of our rights under these Terms and Conditions and can subcontract or delegate in any manner any or all of our obligations to any third party.
30. You must not, without our prior written consent, assign, transfer, charge, subcontract or deal in any other manner with all or any of your rights or obligations under these Terms and Conditions.

Termination

31. We can terminate the provision of the Services immediately if you:
32. commit a material breach of your obligations under these Terms and Conditions;

or

1. fail to make pay any amount due under the Contract on the due date for payment;

or

1. are or become or, in our reasonable opinion, are about to become, the subject of a bankruptcy order or take advantage of any other statutory provision for the relief of insolvent debtor; or
2. enter into a voluntary arrangement under Part 1 of the Insolvency Act 1986, or any other scheme or arrangement is made with its creditors;

or

1. convene any meeting of your creditors, enter into voluntary or compulsory liquidation, have a receiver, manager, administrator or administrative receiver appointed in respect of your assets or undertakings or any part of them, any documents are filed with the court for the appointment of an administrator in respect of you, notice of intention to appoint an administrator is given by you or any of your directors or by a qualifying floating charge holder (as defined in para.14 of Schedule B1 of the Insolvency Act 1986), a resolution is passed or petition presented to any court for your winding up or for the granting of an administration order in respect of you, or any proceedings are commenced relating to your insolvency or possible insolvency.

Liability and indemnity

32. Our liability under these Terms and Conditions, and in breach of statutory duty, and in tort or misrepresentation or otherwise, shall be limited as set out in this clause.
33. The total amount of our liability is limited to the total amount of Fees payable by you under the Contract.
34. We are not liable (whether caused by our employees, agents or otherwise) in connection with our provision of the Services or the performance of any of our other obligations under these Terms and Conditions or the quotation for:
35. any indirect, special or consequential loss, damage, costs, or expenses or;
36. any loss of profits; loss of anticipated profits; loss of business; loss of data; loss of reputation or goodwill; business interruption; or, other third-party claims;

or

1. any failure to perform any of our obligations if such delay or failure is due to any cause beyond our reasonable control; or
2. any losses caused directly or indirectly by any failure or your breach in relation to your obligations; or
3. any losses arising directly or indirectly from the choice of Services and how they will meet your requirements or your use of the Services or any goods supplied in connection with the Services.
4. You must indemnify us against all damages, costs, claims and expenses suffered by us arising from any loss or damage to any equipment (including that belonging to third parties) caused by you or your agents or employees.
5. Nothing in these Terms and Conditions shall limit or exclude our liability for death or personal injury caused by your negligence, or for any fraudulent misrepresentation, or for any other matters for which it would be unlawful to exclude or limit liability.

Circumstances beyond a party’s control

37. Neither of us is liable for any failure or delay in performing our obligations where such failure or delay results from any cause that is beyond the reasonable control of that party. Such causes include, but are not limited to: power failure, Internet Service Provider failure, industrial action, civil unrest, fire, flood, storms, earthquakes, acts of terrorism, acts of war, governmental action or any other event that is beyond the control of the party in question. If the delay continues for a period of 90 days, either of us may terminate or cancel the Services to be carried out under these Terms and Conditions.

Communications

38. All notices under these Terms and Conditions must be in writing and signed by, or on behalf of, the party giving notice (or a duly authorised officer of that party).
39. Notices shall be deemed to have been duly given:
40. when delivered, if delivered by courier or other messenger (including registered mail) during the normal business hours of the recipient;
41. when sent, if transmitted by fax or email and a successful transmission report or return receipt is generated;
42. on the fifth business day following mailing, if mailed by national ordinary mail; or
43. on the tenth business day following mailing, if mailed by airmail.
44. All notices under these Terms and Conditions must be addressed to the most recent address, email address or fax number notified to the other party.

No waiver

41. No delay, act or omission by a party in exercising any right or remedy will be deemed a waiver of that, or any other, right or remedy nor stop further exercise of any other right, or remedy.

Severance

42. If one or more of these Terms and Conditions is found to be unlawful, invalid or otherwise unenforceable, that/ those provisions will be deemed severed from the remainder of these Terms and Conditions (which will remain valid and enforceable).

Law and jurisdiction

43. This Agreement shall be governed by and interpreted according to the law of England and Wales and all disputes arising under the Agreement (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the English and Welsh courts

Annex 1

Charges

Our fees are as follows:

• £25.00 per hour as an hourly rate
• £165.00 per day as a day rate

Thank you for visiting our website. We hope you find it useful.

This section tells you the terms of use on which you may make use of our website https://puffindigital.com whether as a guest or as a registered user.

By using our website, you confirm that you accept these terms of use and that you agree to comply with them. If you do not agree to these terms of use, you must not use our website.

Other terms that apply to your use
The following documents also apply to your use of our website:

• Privacy Notice, which sets out the terms on which we process any personal data we collect from you, or that you provide to us.
• Our Acceptable Use Policy (below) which sets out the permitted and prohibited uses of our website.

Information about us
https://puffindigital.com is operated by Puffin Digital (“We”). We have our office at Puffin Cottage, 86 Above Town, Dartmouth, Devon, TQ6 9RQ

Changes to these terms
We may revise these terms of use at any time by amending this page.
Please check this page from time to time to take notice of any changes we made, as they will be binding on you.

Changes to our website
We may update our website from time to time, and may change the content at any time. Whilst we endeavour to ensure that information is up to date, please note that content on our website may be out of date at any given time, and we are under no obligation to update it.

Accessing our website
Access to our website is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our website without notice. We will not be liable if for any reason our website is unavailable at any time or for any period. From time to time, we may restrict access to parts, or all of our website to all users.

You are responsible for making all arrangements necessary for you to have access to our website. You are also responsible for ensuring that all persons who access our website through your internet connection are aware of these terms, and that they comply with them.

No reliance on information
The content on our website is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our website.

Although we make reasonable efforts to update the information on our website, we make no representations, warranties or guarantees, whether express or implied, that the content on our website is accurate, complete or up-to-date.

Limiting our liability
Nothing in these terms of use excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.

To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our website or any content on it, whether express or implied.

We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:

• use of, or inability to use, our website; or
• use of or reliance on any content displayed on our website.

If you are a business user, please note that in particular, we will not be liable for:

• loss of profits, sales, business, or revenue;
• business interruption;
• loss of anticipated savings;
• loss of business opportunity, goodwill or reputation; or
• any indirect or consequential loss or damage.

If you are a consumer user, please note that we only provide our website for domestic and private use. You agree not to use our website for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our website or to your downloading of any content on it, or on any website linked to it.

We assume no responsibility for the content of websites linked on our website. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.

Different limitations and exclusions of liability will apply when using Thrive Online and you should look at your licence terms in this respect.

Viruses
We do not guarantee that our website will be secure or free from bugs or viruses.

You are responsible for configuring your information technology, computer programmes and platform in order to access our website. You should use your own virus protection software.

You must not misuse our website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our website, the server on which our website is stored or any server, computer or database connected to our website. You must not attack our website via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our website will cease immediately.

Linking to our website
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.

You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

We reserve the right to withdraw linking permission without notice.

Third party links and resources in our website
Where our website contains links to other websites and resources provided by third parties, these links are provided for your information only.

We have no control over the contents of those websites or resources.

Applicable law
These terms of use are governed by English law. We both agree that the courts of England and Wales will have exclusive jurisdiction.

Contact us
To contact us, please email: info@puffindigital.com

This Acceptable Use Policy sets out the terms under which you may use our website www.puffindigital.com.

We welcome your input and comments to questions and answers. You are also welcome to post blogs for discussion.

Whilst we encourage participation, we need to ensure that users respect our aims and comply with our rules. All users should read this Acceptable Use Policy as breach of the policy can lead to immediate termination of your account/licence and removal of your posts.

You may use our websites and the content within it for your own lawful purposes only. You may not reproduce any part of our websites or its content unless permitted by these terms and conditions.

You are responsible for your use of our website. You promise that any use of our website will be in accordance with our Content Standards below and that your content does not infringe the copyright of others.

You agree that, if any claim is made against us because of your failure to abide by these terms you will be responsible for the claim and all our costs of dealing with that claim.

If you break this promise, we may bring legal proceedings against you and we will immediately end your use of our website and your licence.

Content standards

General Use of our website
You must not:

• reproduce or copy (or assist any third party to reproduce or copy) any part of Thrive-Online or the website
• access without authority, interfere with, damage or disrupt any part of the website
• share passwords or allow anyone else to use your password or login.

We permit the following content to be posted:

• Free text in posted comments
• Free text in blog comments
• Symbols (eg emojis)

We want all users to enjoy their use of our websites and we promote free speech but with that comes a responsibility to respect others. We ask that you comply with the spirit and the letter of the following standards.

You may only post content that is:

• permitted under the Website Terms and Conditions or where otherwise permitted on the website
• accurate and states facts that might be relied upon; and
• if you state opinions, these should be genuinely held
• complies with any applicable UK laws

You must ensure that your content:

• does not defame anyone;
• is not obscene, offensive, hateful or inflammatory,
• does not promote sexually explicit material, violence, illegal activity or unlawful discrimination;
• does not infringe any copyright, trade mark or other rights;
• does not have any fraudulent purpose or effect,
• cannot be used for war, terrorism or other illegal purposes,
• is not likely to deceive, harass, alarm, annoy or invade the privacy of any person; or
• does not misrepresent your identity or affiliation with any person including us.

We do not endorse any content posted by you or another user and shall not be responsible for any comment or criticism made by a user of our websites. During your use of our websites you may be exposed to comments that are factually incorrect, offensive or otherwise objectionable to you and you agree to waive any legal right you may have against us with respect to these comments.

You give us a permanent unrestricted right to use your content so that we can broadcast it and re-use it for marketing and other purposes.

Content Belonging to Others
You must respect copyright and confidentiality. You promise to us that if you use content belonging to others or is known to you under a duty of confidentiality, the owner will have agreed to this use. Only upload music, artwork or sounds that you made or that you are authorised to use, including model-release and royalty free images collected in the public domain and including third party videos.

Changes to the acceptable use policy
We may revise these terms at any time by amending this page, so it is advisable that you check this page from time to time.

Contact us
To contact us, please email us at: info@puffindigital.com