Terms of Service
Welcome to Lochley. Below are Lochley standard terms and conditions. Please note that from time to time Lochley may need to alter these terms and conditions. Lochley values your business and will always work to provide the best service we can to the benefit of our clients.
Payment Terms -
For all monthly billed services, payment for service is required for the following month. Payment is due for all monthly billed services on the first day of each month. If service is started anytime after the first day of a given month then payment for the month will be due on the day service begins and the service fee will be prorated for the remaining days in the month.
All monthly billed services will be considered to be renewed for another month of service starting on the first day of the month unless Lochley is otherwise informed by the client prior to the first day of the month.
For all individually billed services, payment is due upon completion of the service.
Design Samples -
Clients agree to allow Lochley to showcase any/all work created in the course of a project as part of the Lochley portfolio. Lochley acknowledges the confidential nature of projects and agrees to only display project work once product/site has been publicly launched/commences.
Excess Work -
From time to time clients will require extra requirements, or extra files upon completion of a project. The client will be informed if additional work requested falls outside the scope of the their plan and a fee for excess services equivalent to the rate of individually billed services will apply.
It is agreed that all work and materials provided for Lochley will be free and clear of all liens and encumbrances and may be lawfully used without infringing upon the rights of others including, and without limiting the generality of the foregoing, any copyright trade secret patent or trade mark rights of any third party.
Once a final graphic design and/or photographic concept is delivered to a client and full payment is received, complete ownership rights to the concept belong to the client. Unused graphic design and photographic concepts remain the property of Lochley. Lochley may still use paid-for graphic design and photographic concepts in its promotional materials and in its design portfolio. Until final payment Lochley retains ownership of all artwork. Lochley reserves the right to present all web designs and revisions for the purposes of promoting Lochley in print or digital media portfolios, social media, and blogs.
Termination Policy -
If termination of a monthly service agreement is necessary, Lochley will continue service through the current month and service will end on the first day of the following month. There are no contractual obligations to continue service on either the part of the client or Lochley beyond the individual monthly service agreements.
If termination of an individual service is necessary, Lochley will charge no termination fee if a request for cancellation of the individual service is made within 24 hours of the initial request. If cancellation of an individual service is made after 24 hours of the initial request, a prorated payment is payable for time spent on the project up until cancellation notice, at an hourly rate equal to that of our individual “graphic design” rate on the date of cancellation.
Employees of Lochley shall not at any time either during the continuance of the work outlined or thereafter, except in the course of their duties, divulge any of the confidential affairs of any of its clients or associated companies to anyone whatsoever without the previous consent in writing of the client.
Late Payments & Default -
Lochley may at its discretion provide a “grace period” of up to 15 days for payment of individually billed services as well as continuation of monthly billed services.
Accounts which are not paid within 15 days will incur a late administration fee of $30. Accounts which remain outstanding for 30 days after the date of invoice will incur an additional late payment fee equivalent to 5% of the project costs for each week payment is outstanding.
An account shall be considered in default if it remains unpaid for 30 days from the date of invoice or the client has stated expressly that they do not intend to pay an invoice, unless prior arrangements have been made. Lochley shall at its sole discretion suspend any and all services provided to the client by Lochley or it’s subsidiaries (including but not limited to hosting, websites designed files, concepts, artwork, and email) and employ debt collection measures until the total outstanding balance has been fully paid. This includes any and all unpaid accounts due for services ordered, including, but not limited to design, hosting, domain registration, search engine submission, maintenance, sub-contractors, printers, photographers and libraries plus bank interest calculated daily for each day payment is overdue. Suspension of such services does not relieve the client of its obligation to pay the due amount.
Lochley retains all copyright for work performed until full costs have been paid. Lochley reserves the right to reuse or resell work undertaken in the case of payment default.
Lochley accepts no liability or responsibility for loss of income or damage to the client for work removed from third party servers or Lochley’s own storage platforms, as a result of non-payment.