Terms and Conditions

Last updated: January 6th, 2023

Section 1: Introduction

General

The following terms and conditions, combined with any and all other documents herein referred to, set out the terms under which you may use this website, &Element. We ask that you read these terms and conditions very carefully and in full and to ensure that you understand them. Your agreement to conform with and be bound by the following terms and conditions is deemed to occur on your first use of our website.

If you do not so agree to comply with and be legally bound by these terms and conditions, you are to stop using our website immediately.

You understand and accept that your access to and use of our website, servers, services, content, and any other information associated with this website is provisional upon your acceptance in full of the terms as here in after indicated.

We reserve the exclusive right to modify, delete from or add to these terms and conditions, and to change, permanently delete or temporarily remove the website and the service or any portion of it without having to notify you or any other user. You hereby agree that we shall not be legally answerable to you for any such change, deletion, and/or removal.

We advise that you check back on this page frequently for changes, as your use of the website and services after any modification shall be taken as your acceptance in full of those changes.

What we do

We are dedicated to and passionate about providing our clients with the perfect bespoke and innovative solution for their needs. To help them realise their goals and achieve their potential through new and exciting technologies. We also work to produce a reliable brand identity for digital services in the growing local and global markets.

&Element Ltd is a web design and development company based in Colchester, UK. We specialise in bringing small to medium businesses online into the 21st century. We focus our work on providing whatever our customers need so they can focus on what matters most to them - the day to day running of their business. We pride ourselves in offering our clients the very best set of skills that our team offers for their online projects. Our expertise involves web design, web development, graphic design and branding, app design and development, email and server hosting, domain, and DNS management.

Alongside this, we tailor our skills to suit the needs of our customers and encourage projects outside of these areas. An example of our current work involves designing, developing, and deploying a full-scale boat rental service called Skipper My Boat. Our past work also involves developing full-scale dashboard subscription systems for three firearm companies in the United States. We also have a close company relationship with Forge Relations; marketing specialists also based in the United States.

Section 2: General Terms

Acceptable use of the site and services

This website is provided for both personal and commercial use for individuals and/or companies, provided that users have reached the legal age of 18 or are older (or lower if the legal age of consent in their jurisdiction is lower than 18). All eligible users are hereby granted a limited, reversible, nonassignable, nonexclusive, and non sub licensable license to access the &Element website and use our services in compliance with the terms and conditions. While our services are available to all international users, you, however, understand that we do not guarantee that such services will be available for your use in your particular jurisdiction.

Copyrights and intellectual property

You acknowledge that all content provided and made available on and through this website, including the website's design, text, graphics, formatting, pictures, images, sound, software and other resources and information, and the collection and arrangement thereof are the property of &Element Ltd or its licensors, and are subject to and protected byUK copyright, international copyright as well as other intellectual property laws and rights. All rights to content not specifically granted in these terms and conditions belong to their individual intellectual property rights proprietors.

Licensing

Permission is granted to you to temporarily download one (1) copy of the materials (information or software) on &Element Ltd’s website for your personal, non-commercial transitory viewing only.

You understand and accept that this is simply the grant of a license, and is not to be taken as a transfer of title.

Under this license, you may not:

Copy or modify the materials

Use the materials in any commercial capacity or for any profit-making purpose, or for any public display (whether this is commercial or non-commercial); Endeavour to decompile or reverse engineer any of the software contained on &Element Ltd’s website

Remove any copyright, trademarks or other proprietary notations from the materials on the website

or Transmit the materials to another individual or “mirror” the materials on other servers.

This license shall automatically terminate if you violate any of these restrictions and may be terminated by &Element Ltd at any time.Upon terminating your view of these materials or on the termination of this license, you are obligated to destroy any downloaded materials that are still in your possession, whether this is in electronic or printed format.

User content

&Element treats as non-proprietary and non-confidential any communication users transmit to our website. You grant Element Softworks the right to use anything that you post or transmit for any purpose, including but not restricted to uses such as reproduction, publication, disclosure,transmission, broadcast, and posting. We will use your user content withoutoffering you a payment, without informing you and without seeking further consent from you.

You represent that you are the sole and only proprietor of all user content that you upload or that you have all rights and licenses necessary to grant us the license to your uploaded user content. You represent that such user content is not infringing or disregarding of a third party’s rights, such as rights to publicity or privacy.

General conditions of use

&Element allows you to use our website and services subject to these other conditions:

You must have the legal right to enter into this agreement with &Element Ltd.

You must not use this website and its services for any illegal or unlawful purposes.

You are not to gain or try to gain unauthorised access to or incapacitate any portion of our website and its related systems.

You must not delete any copyright, trademark or any other proprietary notice from any part of our service. We strictly prohibit content that violates third party rights, including trade secrets, copyrights, trademarks, patents, and publicity or privacy rights.

You must never upload or provide content that is in violation of any local, state, federal, or international law.

We strictly prohibit content that we, in our sole discretion, deem-disparaging, slanderous, indecent, illegal, ill-mannered, menacing, vile, or humiliating to any other individual or entity.

We forbid the malicious introduction of Trojans, logic bombs, viruses, worms, or any other technologically harmful software to the service. You may not access &Element using automated means for the express purpose of harvesting other users’ personal info.

You may not use our service to advertise chain letters or pyramid schemes.

You are not allowed to upload advertisements and/or spam links to other websites, services, individuals or solicitations, without the prior written permission of &Element.

You are not to upload any content that falsely impersonates any individual or entity, including without any limitation to an &Element official, or falsely misrepresent your relationship with a person or entity.

You may not upload content that disrupts the normal flow of dialogue; or that disrupts the &Element service, servers, and/or networks related to the service.

You may not upload, post, or communicate any user content that you have no right to upload or to transmit under any law and/or under any fiduciary or contractual relationship.You are not to forge headers or identifiers in order to disguise the origin of any content that you transmit through the service.

We will consider you fully liable for any and all legal costs, damages, and losses resulting from your violation if we find you to have violated any of the conditions of this agreement. You understand that we may also terminate your use of the service without any prior warning if you breach any of these terms.

Links to third party websites

We occasionally provide hyperlinks to other websites and resources for user convenience, and you must not take the provision of such links as our approval of the content, products, procedures, and/or services of that linked website. You access and use such third-party websites at your own informed risk.

Section 3: Terms and conditions of business clients

Personal information

We may ask you to provide personal information such as name and relevant contact details in order to be able to use our services.

You hereby represent that all the information that you put forward on &Element is truthful, complete, and not intentionally misleading.

We may refuse you the use now, or later of the service in the event that we discover that you are an underage person using the service and/or the personal information you provide to us is deliberately misleading or incorrect.

Licensing

Any design, idea, copywriting, drawing, or code created for you by &Element, is licensed for use by the client on a one-time-only basis and may not be re-used, re-distributed or modified, in any way or manner without the express written consent of &Element.

Modifications and changes policy

After designs are signed off, minor tweaks and changes will be acceptable. Any major changes to design or functionality will be charged at our standard hourly rate. As a good rule of thumb, changes totalling more than half an hour will be added as an additional cost.

Time of completion

The timeline suggested is an estimation, and therefore, any extra revisions or unforeseen circumstances could progress the project beyond the initial quote project length. We produce our quotes based on the maximum amount of time believed to complete each segment in an effort to avoid unexpected extensions. &Element cannot be held responsible for any project overruns, whatever the cause.

Cancellation and refund

If you would like to rebook a canceled project, it will have to be booked in on our next available slot, which may be many months after the original outlined slot.

Refunds:

Four weeks notice: 100% refund

3-4 weeks: 75% refund

2-3 weeks: 50% refund

1-2 weeks: 25% refund

Less than one week 0% refund

Content supply and production

Photographic and illustration content should be provided by you. Any potential creative content to appear on the website to be produced by the &Element team will be declared and outlined during the ‘Concept brainstorming and art direction’ section under the ‘Design and Prototyping stage. Upon agreeing to this art direction, you are accepting that further billable hours committed by &Element team creating artwork would apply, and extend the project timeline quoted in this document.

Cost and payment

We require each milestone in a project to be paid for initially before work for that section can commence. Upon completion of the final milestone, outstanding payment for our hourly work for the entire project will be invoiced.

Charge for traveling, accommodation will be added if the client requires us to be onsite.Working on weekends or during holidays, weekends will be subject to an increased rate.

Payment is required within 30 days of issue of an invoice. If this is overdue, we reserve the right to suspend your services.

Project quotes and estimates are bespoke and not comparable between projects and clients.Rush fees may be applied if you need the work quicker than our calendar can allow. This is usually a 10%-30% increase in fee but is at our discretion.

Payment method

You may make payment online on our website either by credit card or debit card and must provide only current, complete, and truthful purchase information.

Source files

Charges for design and development work does not cover the release of &Element’ copyright design source files, including but not in anyway limited to PSD, AI, indd, png, fla or other source files or raw code. You understand and accept that if you require these files for transfer to an in-house or other designers, you will be subject to a separate quotation or ‘buy-out’ charge.

Default in payment

We shall deem an account to be in default if it remains unpaid for thirty (30) days from the date of invoice, or after a returned cheque. &Element shall be entitled to remove a defaulting customer’s material from any and all computer systems except the amount due has been fully paid. This includes without limitation any and all unpaid payments due for services, including hosting, design and maintenance, domain registration, photographers, sub-contractors, printers, and libraries. Removal of such materials does not in any way relieve you of the obligation to pay the due amount.

Copyright and trademarks

It is the client's responsibility to have appropriate copyright on any content(images, video, and audio) supplied to &Element.

This ownership stays with the client or trademark owner.Any images, artwork, or text supplied and/or designed by &Element on behalf of the customer, will remain the property of &Element and/or its suppliers except otherwise agreed in writing.

A license for the use of the copyrighted material is granted to you exclusively for the project defined in the scope or request with the exclusion of any other purpose.Any code, plugin, software, or other third party material used in a digital or web project remains the property of the original creator, and any ongoing license fees and/or fees for upgrades are your responsibility, not that of &Element. By supplying text, images, or any other information to &Element, you grant &Element permission to use this material freely in the course of the design or website. &Element’ advertising rights Parts of your work may be used by &Element for its social media. By signing the agreement, you agree to this, and you will not require recognition or remuneration for the use of your works in such a manner.

Termination

Both you and &Element can terminate this agreement by serving the other party with notice in writing three months before the intended termination date.

However, &Element also has the right to terminate any contract if it believes that the creation is a breach of its moral code if it suspects illicit or suspicious activity by you or in the case of overdue payments.

Upon termination of contract, you are not relieved of any outstanding payments and will still be deemed liable for making those payments.

Section 4: Disclaimers and other important legal terms

Disclaimer and limitations of liability

This website is provided by &Element Ltd on an "as is" and “as available” basis. We make no warranties or representations of any type, direct or indirect, concerning the operation of the website or the content, information, materials, or services made available through the website.

We disclaim all warranties, whether this is express or implied (including, but not in any way restricted to implied warranties of merchantability, suitability, and fitness for a particular purpose) to the full degree permissible by applicable law. We will in no way be liable for any loss/damage (be they direct, secondary, penal, related, or something else) arising from the use of this website and its provided services.

Without limiting the foregoing, &Element disclaims any and all warranties, express or implied, for any service offered through this website.

&Element (its employees, managers, officers, representatives) shall in no way be liable for any loss/damages (direct or indirect) arising out of or in connection with the use of or inability to use the &Element website, and any service offered through this website.

This is a complete limitation of liability that relates to all losses/damages of any type, whether in negligence, contract, or other tortious action, even if &Element has been advised of the possibility of such damages.

In the event that certain related law does not allow for the limitation of liability as set forth above, this limitation of liability will not apply to you.

Severance

Should one or more terms of these conditions be determined to be invalid, illegal, or un enforceable for any reason whatsoever by a UK court of competent jurisdiction, both parties agree that such a provision shall be struck so as to become null and void while the remaining provisions shall survive and continue to be enforceable.

No waiver

The failure of &Element Ltd and its affiliates to enforce any part of these terms and conditions shall not constitute or be deemed a waiver of such term or provision. It shall in no way limit &Element’ right thereafter to insist upon strict observance to that term or any other provision of this legal agreement.

Indemnification

You hereby agree to indemnify and hold &Element Ltd, its officers, directors, personnel, and agents harmless from and blameless of all liabilities, which may include attorneys' fees and costs, accounting costs and compensations in relation to any claims or legal actions brought against &Element Ltd arising from your breach of any of these terms or for any other liability that may arise out of your use of the website and its services.

Dispute resolution

You hereby agree and accept that all claims and disputes that are in any way connected to your use of or access to the &Element services in a consumer capacity will not be resolved in court and resolved only by binding arbitration. You understand and accept that by accepting this arbitration agreement, you agree not to assert class action claims or participate in anycase filed against Element Softworks, whether already or in the future.

You waive all constitutional and statutory rights to sue &Element in a local, state, or federal court and to receive a judge or jury trial against &Element. &Element may, however, bring a case against you in a local, state, or federal court and may receive a judge or jury trial against you.

Choice of law

In all respects and regards, these terms and conditions are construed and governed by the laws of the UK. Its courts shall have exclusive jurisdiction in any proceedings arising out of this agreement

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&Element

team@and-element-com

Phone

01206 259355

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Innovation Centre

Knowledge Gateway

Boundary Road

Colchester, Essex

CO4 3ZQ

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