This privacy policy sets out how Field uses and protects any information that you supply when you use this website. Field is committed to ensuring that your privacy is protected. Should we ask you to provide certain information by which you can be identified when using this website, then you can be assured that it will only be used in accordance with this privacy statement. Field may change this policy from time to time by updating this page. You should check this page from time to time to ensure that you are happy with any changes.
What we collect
We do not collect any personally identifiable information without your knowledge. We may register usage data of the site in an anonymous fashion. If you choose to be on our mailing list then this is strictly on an opt-in basis.
Current and previous clients will have their details on file with us such as name, address and contact details.
What we do with the information we gather
Your data will never be sold or shared with third-parties. We may periodically send emails about which we think you may find interesting using the email address which you have provided.
Client information is used solely for business, transactional and accountancy purposes.
Security
We are committed to ensuring that your information is secure. In order to prevent unauthorised access or disclosure we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect online.
Links to other websites
Our website may contain links to other websites of interest. However, once you have used these links to leave our site, you should note that we do not have any control over that other website. Therefore, we cannot be responsible for the protection and privacy of any information which you provide whilst visiting such sites and such sites are not governed by this privacy statement. You should exercise caution and look at the privacy statement applicable to the website in question.
Controlling your personal information
You may choose to restrict the collection or use of your personal information by writing to or emailing us at studio@madebyfield.co.uk. We will not sell, distribute or lease your personal information to third parties unless we have your permission or are required by law to do so.
You may request details of personal information which we hold about you under the Data Protection Act 1998. A small fee will be payable. If you would like a copy of the information held on you please write to Field, Church Farm, Bawsey, Kings Lynn, Norfolk, PE32 1EU.
If you believe that any information we are holding on you is incorrect or incomplete, please write to or email us as soon as possible and we will promptly correct any information found to be incorrect.
The following Terms and Conditions of Service apply to all products and services provided by Made by Field Ltd (hereinafter referred to as Field) and in the event of any dispute are governed by the laws of England.
All work is carried out by Field on the understanding that the client has agreed to our terms and conditions.
Copyright is retained by Field on all design work including words, pictures, ideas, visuals and illustrations unless specifically released in writing and after all costs have been settled.
If a choice of designs is presented and one is chosen for your project, only that solution is deemed to be given by us as fulfilling the contract. All other designs remain the property of Field, unless specifically agreed in writing.
Project acceptance
At the time of proposal, Field will provide the customer with a written estimate or quotation by email.
A copy of the written estimate or quotation is to be signed and dated by the customer to indicate acceptance and should be returned to Field.
Alternatively, the client may send an official purchase order in reply to the estimate or quotation which binds the client to accept our Terms and Conditions, or an email acknowledging acceptance of the quotation.
For the avoidance of doubt, the Field Terms and Conditions are what govern the job, not any conditions on the customer’s purchase order.
Design and development charges
Charges for design and development services to be provided by Field will be set out in the written estimate or quotation that is provided to the customer. At the time of the customer’s signed acceptance of this estimate or quotation, indicating acceptance of the Terms and Conditions, a non-refundable payment of between 30% and 50% of the quoted fee will become immediately due.
Field requires the remaining agreed fees to be paid either during the project or on completion of the project, prior to the handover of final assets and prior to website files being upload to the server.
Source files
We will supply proofs and PDF files as appropriate for printing, or other graphic files as detailed in the project scope or request.
Charges for design work do not cover the release of our copyright design source files, including but not restricted to Adobe Illustrator, Adobe InDesign, Adobe Photoshop, Sketch files or source files or raw code; if the Client requires these files for transfer to an in-house or other designer, they will be subject to a separate quotation or ‘buy-out’ charge. All Shopify-related projects are exempt from this.
Charges for other services
Charges for any additional services requested during the project that are over and above the estimated time or out of scope, will become fully payable (100% of the quoted amount) at the time of estimate or quotation acceptance.
Payment
On conclusion of the project the customer will be provided with the finalised files and an invoice prior to final publication. At this time the remainder of the amount due will become payable.
Any invoice queries must be submitted by email within 14 days of the invoice date.
Accounts which remain outstanding for 30 days after the date of invoice, will incur late payment interest charge at the Bank of England Base Rate plus 8% on the outstanding amount from the date due until the date of payment.
Payments can only be made by online bank transfer.
Publication and/or release of work done by Field on behalf of the client, may not take place before cleared funds have been received.
All amounts are in British Pound Sterling (GBP) and payments should be made in GBP.
Default
An account shall be considered default if it remains unpaid for 30 days from the date of invoice. Field shall be entitled to remove Field’s and/or the customer’s material from any and all computer systems, until the amount due has been fully paid. This includes any and all unpaid monies due for services, including, but not limited to, hosting, domain registration, search engine submission, design and maintenance, sub-contractors, printers, photographers and libraries.
Removal of such materials does not relieve the customer of its obligation to pay the due amount.
Customers whose accounts become default agree to pay all Field ‘s reasonable legal and accounting expenses and third party collection agency fees in the enforcement of the debt and these Terms and Conditions.
Copyrights and trademarks
By supplying text, images and other data to Field for inclusion in the customer’s website or other medium, the customer declares that it holds the appropriate copyright and/or trademark permissions. The ownership of such materials will remain with the customer, or rightful copyright or trademark owner.
Any artwork, images, or text supplied and/or designed by Field on behalf of the customer, will remain the property of Field and/or its suppliers unless otherwise agreed in writing. A licence for use of the copyright material is granted to the customer solely for the project defined in the scope or request and not for any other purpose.
The customer may request in writing from Field, the necessary permission to use materials (for which Field holds the copyright) in forms other than for which it was originally supplied, and Field may, at its discretion, grant this and may charge for the additional usage. Such permission must be obtained in writing before any of the aforesaid artwork, images, text, or other data is used.
Any software, code, plugin or other third party material used in a web or digital project remains the property of the creator and any ongoing licence fees or fees for upgrades are the responsibility of the client, not Field.
By supplying images, text, or any other data to Field, the customer grants Field permission to use this material freely in the pursuit of the design.
Should Field, or the customer supply an image, text, audio clip or any other file for use in a website, multimedia presentation, print item, exhibition, advertisement or any other medium believing it to be copyright and royalty free, which subsequently emerges to have such copyright or royalty usage limitations, the customer will agree to allow Field to remove and/or replace the file on the site.
The customer agrees to fully indemnify and hold Field free from harm in any and all claims resulting from the customer in not having obtained all the required copyright, and/or any other necessary permissions.
Alterations
The customer agrees that changes required over and above the estimated work, or in addition to the agreed scope, or where the client makes changes to the supplied copy or changes required to be carried out after acceptance of the draft design, will be liable to a separate charge.
The customer also agrees that Field holds no responsibility for any amendments made by any third party, before or after a design is published.
Licensing
Any design, copywriting, drawing, idea or code created for the customer by Field, or any of its contractors, is licensed for use by the client on a one-time only basis and may not be modified, re-used, or re-distributed in any way or form without the express written consent of Field and any of its relevant sub-contractors.
All design work – where there is a risk that another party make a claim, should be registered by the client with the appropriate authorities prior to publishing or first use or searches and legal advice sought as to its use.
Field will not be held responsible for any and all damages resulting from such claims. Field is not responsible for any loss, or consequential loss, non-delivery of products or services, of whatever cause. The customer agrees not to hold Field responsible for any such loss or damage.
Any claim against Field shall be limited to the relevant fee(s) paid by the customer.
Data formats
The client agrees to Field’s definition of acceptable means of supplying data to the company.
Text is to be supplied to Field in electronic format as standard text (.txt), Microsoft Word (.docx), Apple Pages (.pages) or via email, FTP or a shared folder.
Images which are supplied in an electronic format are to be provided in a format as prescribed by Field via email, FTP or a shared folder. Images must be of a quality suitable for use without any subsequent image processing, and Field will not be held responsible for any image quality which the client later deems to be unacceptable.
Field cannot be held responsible for the quality of any images which the client wishes to be scanned from printed materials.
Additional expenses may be incurred for any necessary action, including, but not limited to, photography and art direction, photography searches, media conversion, digital image processing, or data entry services, colour correction and alteration of images.
Project duration
Any indication given by Field of a project’s duration is to be considered by the customer to be an estimation. Field cannot be held responsible for any project over-runs, whatever the cause. Estimated project duration should be deemed to be from the date that cleared funds are received by Field for the initial payment or by date confirmed in writing by Field. Should Field feel a project is in danger of exceeding its estimated time, they will endeavour to contact the client in writing, informing them of the time spent on the project and the potential impact on the estimated fees.
Rights of access for website construction
The client agrees to allow Field all necessary access to computer systems and other locations, as required, in order to complete a website project and until all due funds are cleared, including the necessary read/write permissions, usernames and passwords.
The customer also agrees to allow Field access to any computer systems, usernames and passwords required to remove data and/or sites for failure to comply with these Terms and Conditions.
The customer agrees to supply Field with all necessary materials, electronic, or otherwise, required to create and complete the project, and to supply them in a timely manner.
Design project completion
Field considers the design project complete upon receipt of the customer’s sign-off email or verbal agreement. Other services such as printing, display panel production, filmwork, website uploading, publishing etc either contracted on the client’s behalf constitute a separate project and can be treated as a separate charge.
Website design and development
Field require that a template (in the case of some Shopify-related projects) or the original design created by Field is approved by the customer before the coding of a site commences. Once this process starts, any changes to navigation items, colours, structure, design or content that require changes to the website files or overall design may incur an additional charge.
Once website build is complete, Field will provide the customer with the opportunity to review the resulting work. Field will make one set of minor changes at no extra cost within 14 days of the start of the review period. Minor changes include small textual changes and small adjustments to placement of items on the page. It does not include changes to images, colour schemes or any navigation features. Any minor changes can be notified to Field by email.
Field will consider that the client has accepted the original draft, if no notification of changes is received in writing from the customer, within 14 days of the start of the review period.
Hosting websites
Field offers a limited hosting service through an out-sourced virtual server. Field does not guarantee continuous service and will accept no liability for loss of service, whatever the cause.
Field may request that clients change the type of hosting account used if that account is deemed by Field to be unacceptable because of poor service, lack of bandwidth or in any other way insufficient to support the website. Fees for hosting on Field’s virtual server are due at the commencement of any period of service, are paid one year in advance and are non-refundable.
Fees due to third party hosting organisations are the responsibility of the client and Field are not liable for their payment, nor for the renewal of domain names, which are the sole responsibility of the customer / domain owner.
Domain registration
Field cannot guarantee the availability of any domain name. Where Field is to register a domain name on behalf of a client it will endeavour to do so but the client should not assume a successful registration.
Search engine submission
Due to the infinite number of considerations that search engines use when determining a site’s ranking, Field cannot guarantee any particular placement. Acceptance by any search engine cannot be guaranteed and when a site is accepted, the time it takes to appear in search results varies from one search engine to another. Rankings will also vary as new sites are added. Field recommend that customers use a professional SEO company, but accept no responsibility for their services.
Design credits
The customer agrees to allow Field to place a small credit at the bottom websites they design and/or develop, along with references within the source files of the website. The customer also agrees to allow Field to link to the client’s site on their own website for demonstration purposes and to use any designs in its own publicity and portfolios.
Rights of refusal
Field will not include in its designs, any text, images or other data which it deems to be immoral, offensive, obscene or illegal. All advertising material must conform to all standards laid down by all relevant advertising standards authorities. Field also reserves the right to refuse to include submitted material without giving reason. In the situation where any images and/or data that Field does include in all good faith, and subsequently discovers is in contravention to such Terms and Conditions, the customer is obliged to allow Field to remove the contravention without hindrance, or penalty. Field is to be held in no way responsible for any such data being included.
Cancellation
Cancellation of orders may be made initially by telephone contact, however following this, Field will need formal notification in writing via email. The client will then be invoiced for all work completed over and above the non-refundable deposit that will have been made at the time of first ordering. The balance of monies due must be paid within 30 days. Please note, any cancellation that is not formally confirmed in writing and received by Field within 14 days of such instruction being issued, will be liable for the full quoted cost of the project.
Termination of agreement
Either party may terminate this agreement immediately at any time by written notice to the other party if that other party commits any material or actual breach of its obligations under this agreement which (if remediable) is not remedied within 14 days after the service of written notice specifying the breach and requiring it to be remedied.
In the event of a material or actual breach of contract by Field which is either non-remediable or not remedied within 14 days of written notice of the breach, the client may terminate this agreement and receive compensatory damages up to, but not exceeding, the amount paid on account by the client to date.
Force majeure
For the purposes of this Contract, Force Majeure Event means an event beyond the reasonable control of the Supplier including but not limited to strikes, lock-outs or other industrial disputes (whether involving the workforce of the Supplier or any other party), failure of a utility service or transport network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of suppliers or subcontractors.
The Supplier shall not be liable to the Customer as a result of any delay or failure to perform its obligations under this Contract as a result of a Force Majeure Event.
If, in the event that a Force Majeure Event, the Supplier cannot provide the Services to the Customer for a period of 21 days or more, either party may terminate the contract.
Disclaimer
Field makes no warranties of any kind, express or implied, for any and all products and/or services that it supplies. Field will not be held responsible for any and all damages resulting from products and/or services it supplies. Field is not responsible for any loss, or consequential loss of data, or non-delivery of products or services, of whatever cause. While we take reasonable steps to investigate the materials we recommend, we accept no responsibility for the performance or quality of materials or any consequential loss arising from their failure. The customer agrees not to hold Field responsible for any such loss or damage. Any claim against Field shall be limited to the relevant fee(s) paid by the customer.
Field reserves the right to use the services of sub-contractors, agents and suppliers and any work, content, services and usage is bound by their Terms and Conditions. Field will not knowingly perform any actions to contravene these and the client also agrees to be so bound.
General
These Terms and Conditions supersede any previous Terms and Conditions distributed in any form. Field reserves the right to change any rates and any of the Terms and Conditions at any time and without prior notice.
Acceptance of Terms and Conditions and Quotation
The placement of an order for design and/or any other services offered by Field, by email, verbally or in writing, is deemed to be acceptance of these terms and conditions, which are freely available at www.madebyfield.co.uk/terms.
An estimate validated by the customer’s signature on the estimate or quotation form, or by email, constitutes acceptance of the estimate or quotation and agreement to comply fully with all the Terms and Conditions and forms a Contract for Business between the signatory and Field.
Last updated 03.03.2022