The following terms and conditions apply to all between relationships between you, the client, and GreenBean Marketing Ltd, trading as GreenBean Marketing or  GreenBeanMarketing.co.uk. By commissioning us to work on a project, you are agreeing to these terms in connection with our consultancy, training, communications, design, and associated marketing services.

It is not necessary for any client to have signed an acceptance of these terms and conditions for them to apply. If a client accepts a quotation then the client will be deemed to have satisfied themselves as to the terms applying and have accepted these terms and conditions in full.

Please read these terms and conditions carefully. Any purchase or use of our services implies that you have read and accepted our terms and conditions.

1. Charging for our work

The estimated cost of projects will be quoted in advance. The estimate will be based on how long we expect the project to take, in terms of hours or days. It will also include the expected cost of bought-in and/or subcontracted goods and services.

The final cost of a project will vary from the original quote supplied if:

• Changes made by the client to the project are significantly different from the original brief.
• The client delays, defaults, or otherwise significantly disrupts the project and its agreed timescales.
• There are unexpected increases in our overheads or expenses.
• Circumstances occur that are not reasonably within our control.

In such circumstances, we will advise you of any increase in costs before charging.

Costs will include any materials and services we buy in from outside suppliers, in connection with your project. For most bought-in goods or services, we will charge you at cost, plus a handling fee. The same will be applied to incidental costs such as taxis and urgent deliveries.

2. About our invoices

All invoices will be due for immediate payment. If you do not pay our invoices in full within 14 days of the invoice date, we may charge interest on any arrears at the rate of two per cent of the outstanding balance each month until we have had payment in full.

If you retain our services on a monthly basis, your fee will be payable monthly in advance. Any VAT on our fees and other charges that is payable to us or to a third party, will be added to our invoices.

3. Legal rights in the project work

All copyright and other intellectual property rights in connection with our work on clients’ projects belong to us alone. Once a project is complete and our invoices for it have been paid in full, you have the right, known as a license, to use our design work, for the purpose intended. You do not have the right to the original artwork files.

If you supply us with any work to incorporate into a design or in connection with the project, it is your responsibility to make sure that:

• You already own the copyright and all other rights in the work or
• You have the necessary license or other legal permission to use and reproduce it and
• Our use of it will not infringe any third party rights

If you do not comply with these obligations, you accept that you will compensate us for any claims, damages, legal action or expenses we face as a result. You must not alter or modify any of our designs or other work without our agreement. If you have our agreement, the changes must be made by us or under our supervision, at an hourly rate agreed between us.

Both you and we agree to do everything reasonably possible to protect each other’s confidentiality. If you let us have any items or material, you do so at your own risk. We are not responsible if they are subsequently lost or damaged.

We have the right to cancel any commitments we have made:

• If you break any of your obligations under this agreement,
• If you substantially change or call a halt to a project while it is still in progress.
• If you do break your obligations or if we cancel our commitments, you will immediately be responsible for paying any fees and expenses resulting from us carrying out your instructions up to the date of cancellation.

If you cancel a project, or place it on hold indefinitely, at any stage, we may invoice you in full:

• For all the work we have done up to that point, at our usual hourly rate,
• For any costs we face for outside supplies already ordered for the project.

If you call a halt to a project before it is finished, you have no copyright license or similar rights in the work we have done so far. Nor can you make use of our work or exploit it in any way.

4. Feedback and testimonials

On occaision GreenBean Marketing will collect either oral or written feedback to help us improve our services.  This will be to gain an understanding of how our services can be improved or what you thought went well.  Any feedback, negative or positive, would be much appreciated. Your feedback or testimonial will be used in our marketing materials, website and social media sites to increase your visibility in the market and also demonstrate our work to prospective clients.

5. Our right to sub-contract

We are entitled to sub-contract any of the work to be carried out on your project.

6. Liability

GreenBean Marketing hereby excludes itself, its employees and or agents from all and any liability from:

• Loss or damage caused by any inaccuracy;
• Loss or damage caused by omission;
• Loss or damage caused by delay or error, whether the result of negligence or other cause in the production of materials;
• Loss or damage to clients’ artwork/photos. Immaterial whether the loss or damage results from negligence or otherwise.

The entire liability of GreenBean Marketing Ltd to the client in respect of any claim whatsoever or breach of this Agreement, whether or not arising out of negligence, shall be limited to the charges paid for the Services under this Agreement in respect of which the breach has arisen.

7. Disclaimers – website design

7.1 Third Parties

GreenBean Marketing is unable to take responsibility for services provided by third parties through us or otherwise, including the hosting of the client’s website.

7.2 Maintenance and Correction of Errors

GreenBean Marketing is unable to take responsibility for the functionality or maintenance (unless a maintenance contract is in place) of the website once the initial contract has been completed.

Client website errors (both technical and typographical) attributable to GreenBean Marketing will be corrected free of charge.

GreenBean Marketing reserves the right to charge a reasonable fee for correction of errors for which GreenBean Marketing is not responsible, including, but not limited to malicious modification of the website by a third party and typographical errors contained in materials provided by the client.

7.3 Extent of Work

Installation to the Internet of the client’s website is limited to the uploading of all necessary files to the host, and testing functionality.

The website is provided to and accepted by the client as a fully functioning, completed work and GreenBean Marketing is not responsible for future support.

Future support can normally be provided upon request and for an agreed fee. No guarantee of future support is given unless an ongoing support package is negotiated.

7.4 Consequential Loss

Under no circumstances will GreenBean Marketing be responsible or liable for financial or other loss or damage caused by the failure or use or misuse of the client’s website.

The client should be aware that GreenBean Marketing does not hold any responsibility for keeping backup copies of the website.

Unfortunately malicious software, spy-ware, viruses and website hacking are common threats and GreenBean Marketing cannot be held responsible for problems that develop on completed sites as a result of such illegal activity.

Should changes in technology mean that at some future date the client’s website no longer functions as originally intended, GreenBean Marketing will undertake to update the website accordingly, subject to the contractual hourly fee.