PLM Designs – Terms & Conditions

1. Application and Acceptance
These Terms & Conditions apply to all website design, development and related services provided by PLM Designs to the Client, unless otherwise agreed in writing.

The specific services, scope, fees and any payment schedule will be set out in the relevant quotation, proposal or other written agreement.

By accepting a quotation or proposal, instructing PLM Designs to begin work, or making any requested payment, the Client agrees to these Terms & Conditions.

Unless otherwise stated, quotations are valid for 30 days from the date of issue.

Where the Client is acting as a consumer and asks PLM Designs to begin work within any applicable 14-day cancellation period, the Client expressly requests that PLM Designs begins providing the services before that cancellation period has ended.

2. Scope of Work
PLM Designs will provide only the website design, development, pages, features, functionality, integrations and other services specifically agreed in writing with the Client.

Any additional work, pages, features, functionality, revisions or services requested by the Client that fall outside the agreed scope may be charged separately.

Where practicable, PLM Designs will advise the Client of any additional costs before carrying out work outside the agreed scope.

Any work not expressly included in the agreed scope shall be considered additional work unless otherwise confirmed in writing by PLM Designs.

3. Client Content, Images and Third-Party Services
The Client is responsible for providing all content, text, images, logos, branding, information and other materials required for the website in a suitable format and within the agreed timescales.

The Client is responsible for ensuring that all content and materials supplied are accurate and that they have the necessary ownership, licences, permissions and rights for PLM Designs to use them.

Unless specifically included in the agreed price, the cost of stock images, fonts, plugins, software, licences, domains, hosting, email services, payment services and other third-party products or services is not included and will be payable separately by the Client.

Where PLM Designs purchases or arranges a third-party product or service on the Client’s behalf, the Client will be responsible for the associated costs and any ongoing subscription, renewal or licence fees unless otherwise agreed in writing.

Third-party products and services remain subject to the relevant provider’s own terms, licences and conditions.

PLM Designs cannot guarantee the continued availability, compatibility, functionality or pricing of third-party software, plugins or services and shall not be responsible for changes, failures or discontinuation of services controlled by third-party providers.

PLM Designs is not responsible for delays, additional costs or errors arising from incomplete, inaccurate, unsuitable or late content or materials supplied by the Client or third parties.

If the Client fails to provide required content, information, approvals or access details within a reasonable period, PLM Designs may pause the project and revise any agreed completion dates.

4. Payment
Invoices will be issued in accordance with the payment schedule agreed with the Client and, unless otherwise agreed in writing, are payable within 14 days of the invoice date.

PLM Designs may require a deposit or advance payment before work begins and reserves the right to suspend work, withhold website handover or withhold deliverables while any payment remains overdue.

For qualifying business-to-business debts, PLM Designs reserves the right to charge statutory interest and recovery costs in accordance with the Late Payment of Commercial Debts (Interest) Act 1998. Statutory interest is currently charged at 8% per annum above the applicable Bank of England base rate and accrues daily from the date payment becomes overdue until payment is received in full.

The Client will remain responsible for any approved third-party costs, licences, subscriptions or other expenses already incurred or committed by PLM Designs on the Client’s behalf.

5. Website Review and Approval
The Client is responsible for reviewing the website, including its content, images, links, contact details and functionality, and for notifying PLM Designs of any errors or required amendments before final approval or launch.

Once the Client has approved the website for launch, PLM Designs shall not be responsible for errors or omissions that were present in materials or content approved by the Client.

Any alterations requested after final approval or launch may be treated as additional work and charged separately.

6. Timescales
Any completion dates or timescales are estimates unless expressly agreed otherwise in writing.

PLM Designs will use reasonable endeavours to meet agreed timescales but is not responsible for delays outside its reasonable control, including delays caused by the late supply of content, information, approvals or access details by the Client or third parties.

7. Cancellation or Suspension
If the Client cancels or suspends the project, the Client remains responsible for payment for all work completed up to the date of cancellation or suspension and for any third-party costs, licences, subscriptions or other commitments already incurred by PLM Designs.

Where the Client is acting as a consumer and has a statutory right to cancel, that right is not affected by this clause.

If a consumer asks PLM Designs to begin work during an applicable 14-day cancellation period and then cancels during that period, the Client may be required to pay a proportionate amount for services supplied up to the date of cancellation, as permitted by law.

Where the services have been fully performed during the cancellation period following the Client’s express request to begin work and acknowledgement that the right to cancel will be lost once the services have been fully performed, the Client may lose the statutory right to cancel.

8. Intellectual Property
Unless otherwise agreed in writing, all intellectual property rights in concepts, designs, layouts, graphics, code and other original materials created by PLM Designs remain the property of PLM Designs until all sums relating to the project have been paid in full.

Following full payment, the Client is granted the right to use the final approved website and deliverables for the purpose for which they were commissioned.

Unused concepts, draft designs, working files, development files and preliminary materials remain the property of PLM Designs unless otherwise agreed in writing.

Third-party software, plugins, fonts, stock images, themes and other licensed materials remain subject to the intellectual property rights and licence terms of their respective owners.

9. Hosting, Domains, Maintenance and Updates
Unless specifically included in the agreed services or covered by a separate agreement, ongoing website hosting, maintenance, updates, backups, security monitoring, software updates and technical support are not included following completion of the project.

Where PLM Designs purchases or manages a domain name, hosting service, email service, software licence or similar service on the Client’s behalf, the Client remains responsible for all renewal charges unless otherwise agreed in writing.

The Client is responsible for ensuring that renewal payments are made when due. PLM Designs shall not be responsible for the suspension, cancellation or loss of a domain name, hosting service, email service or other third-party service resulting from non-payment, late payment or circumstances outside PLM Designs’ reasonable control.

Any ongoing services provided by PLM Designs may be subject to separate charges and terms.

10. Website Performance and Third Parties
PLM Designs will use reasonable care and skill in designing and developing the website but cannot guarantee uninterrupted operation or compatibility with every device, browser, third-party platform or future software update.

Unless expressly agreed in writing, PLM Designs does not guarantee specific search-engine rankings, website traffic, sales, enquiries or other commercial results arising from the website.

PLM Designs shall not be responsible for faults, downtime, security incidents or other issues caused by third-party hosting providers, software, plugins, integrations, payment providers or external services outside PLM Designs’ reasonable control.

11. Legal Content and Compliance
Unless specifically included within the agreed services, the Client is responsible for providing or obtaining any privacy policies, cookie notices, terms of business, regulatory wording or other legal content required for their website.

PLM Designs does not provide legal advice and the Client should obtain appropriate professional advice where required.

12. Confidentiality
Each party shall keep confidential any confidential business, technical or commercial information received from the other party in connection with the project and shall use such information only for the purposes of providing or receiving the agreed services.

Confidential information may be disclosed where required by law or where disclosure is reasonably necessary to employees, contractors or professional advisers who are subject to appropriate confidentiality obligations.

This clause shall continue to apply after completion or termination of the project.

13. Portfolio and Design Credit
Unless otherwise agreed in writing, PLM Designs may display the completed website, screenshots and non-confidential project information in its portfolio, website, social media and other marketing materials for the purpose of demonstrating its work.

PLM Designs may include a discreet design credit and link to PLM Designs on the Client’s website unless otherwise agreed in writing.

PLM Designs will not disclose confidential information belonging to the Client as part of any portfolio or promotional use.

14. Data Protection
Each party is responsible for complying with its own obligations under applicable data protection law.

Where PLM Designs processes personal data on behalf of the Client as part of the services, the parties may enter into additional data-processing terms where required.

Unless specifically included within the agreed services, the Client is responsible for ensuring that its website, privacy notices, cookie notices, consent mechanisms and use of personal data comply with applicable legal requirements.

15. Liability
PLM Designs will provide its services with reasonable care and skill.

PLM Designs shall not be responsible for losses arising from inaccurate or unauthorised content supplied by the Client or third parties, Client-approved errors, third-party products or services, or circumstances outside PLM Designs’ reasonable control.

PLM Designs shall not be responsible for changes or alterations made to the website by the Client or any third party after handover where those changes cause faults, errors, security issues or loss of functionality.

Nothing in these Terms & Conditions excludes or limits any liability which cannot lawfully be excluded or limited.

16. Consumer Clients
Where the Client is an individual acting wholly or mainly outside their trade, business, craft or profession, nothing in these Terms & Conditions affects the Client’s statutory consumer rights.

Where applicable, a consumer entering into a contract at a distance or away from PLM Designs’ business premises may have the right to cancel the contract within 14 days of the date the contract is entered into.

Nothing in these Terms & Conditions excludes or limits any consumer right or remedy that cannot lawfully be excluded or limited.

17. General
The relevant quotation, proposal or other written agreement, together with these Terms & Conditions and any subsequently agreed written variations, forms the agreement between PLM Designs and the Client.

Any amendment to the agreed scope, pricing or services must be agreed in writing.

If any provision of these Terms & Conditions is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.

A failure or delay by either party to exercise any right under these Terms & Conditions shall not constitute a waiver of that right.

18. Governing Law and Jurisdiction
These Terms & Conditions and any contract arising between PLM Designs and the Client shall be governed by and construed in accordance with the laws of England and Wales.

The parties submit to the exclusive jurisdiction of the courts of England and Wales, subject to any rights which cannot lawfully be excluded.