Consumer Terms and Conditions

Launch Start-Up is the brand/trading name of Horizon Growth Limited. The following Terms and Conditions of Service apply to all products and services provided by Launch Start-Up (hereinafter referred to as ‘the Company’) and in the event of any dispute are governed by the laws of England.

All work is carried out by the Company on the understanding that the Customer has agreed to our terms and conditions.

Provision of Services

The Company shall provide the Services to the Customer on the terms and conditions of this Agreement from the date that the quote is signed.

1. The Services will be provided by the Company either:

a. on an ongoing basis; or to an agreed deadline.

b. in response to each request from the Customer from time to time.

2. The Company shall provide the Services (including any Deliverables) in accordance with the Specification in all material respects. Time is of the essence for any dates for delivery of the Services under this Agreement, unless specifically stated otherwise in any schedule.

3. The Company shall perform the Services with reasonable care and skill, in accordance with:

a. generally recognised commercial practices and standards in the applicable industry, and

b. all laws and regulations applicable to the Services, including all laws and regulations related to anti-bribery and corruption and data protection.

4. Where one or more terms of this contract are held to be void or unenforceable for whatever reason, any other terms of the contract not so held will remain valid and enforceable at law.

5. By accepting a quotation or making a payment of invoice to use the services supplied, the Customer acknowledges to have read, understand, and accept the Terms and Conditions of this Agreement, and agrees to be legally binding by these Terms and Conditions.

6. The Company reserves the right to alter these Terms and Conditions at any time without prior notice.

Interpretation

7. Consumer means an individual acting for purposes which are wholly or mainly outside their trade, business, craft, or profession.

8. Contract means the legally binding agreement between you and us, either in writing, verbally or implied, for the supply of the Services.

9. Delivery Location means the Customer's premises or other location where the Services are to be supplied, as set out in the Order.

10. Goods means any goods that we supply to you with the Services, of the number and description as set out in the Order.

11. Order means the Customer's order for the Services from the Company as set out in schedule 1.

12. Services means the services, including any Goods, of the number and description set out in the Order.

13. Intellectual Property Rights means all trade and service marks, registered and unregistered design rights, all design right application, patents, copyrights, database rights and rights to know-how, confidential information and inventions and other intellectual property rights of a similar or corresponding character whenever and however arising and all renewals and extensions of such rights which may now of in the future exist.

Charges and Billing

14. All estimated prices quoted, whether written or verbal, are for the listed and mentioned services only. Any additional services required to complete a project will be quoted for in advance and charged accordingly. Deliveries and couriers are additional.
14. All estimates are based on expected or agreed design time and include two sets of authors corrections where alterations are called for by the Customer, or if additional changes are required by Customer.
15. All charges & prices for services carried out by the Company are subject to VAT (where applicable) at the prevalent rate.
16.  Deposit payments are non-refundable.
17. Where there is a change to the agreed brief, the Company will inform the Customer in advance of any extra costs likely to be incurred.
18. Charges for design work do not cover the release of our copyright design source files, included but not restricted to indd, psd, AI, png or other source files or raw code. Should the Customer require these files for transfer to an in-house or other designer or design agency, they will be subject to a separate quotation or ‘buy-out’ charge.
19. All work is billed either monthly or on completion of project stage, or the relevant hourly charge as previously agreed.
20. For all new Customers, payment for the full or part amount + VAT may be requested in advance of commencement, as agreed between parties. For any subsequent invoiced work, the Company must receive full payment not later than 30 days after the date of Invoice. The Company reserves the right to make a surcharge of 2% per month interest to accounts that are not paid by this time. Customer credit screening may affect any subsequent credit agreement.
21. Once a Customer has agreed to the Company’s current Terms and Conditions on a credit account , the Company may invoice in project stages, upon stage completion unless where exceptional terms have been agreed with the Customer.
22. The Company reserves the right to invoice for any disbursements for part works carried out including third party costs incurred on a project should the project be unable to be completed for any reason or has been delayed/put on hold by the Customer for a period of 4 weeks or more then stage invoicing will occur.
23. Disbursements on behalf of any Customer may result in a request for payment in advance from the Customer.
24. The Company reserves the right to request final payment be made prior to the handing over of final creative or digital files.
25. Unless full payment has been made on the Customer’s account and all project costs have been cleared, we reserve the right to withhold future supply of goods and, in the case of web services, this may include recalling services including the hosting of websites.
26. If at any point during the design or development cycle a Customer wishes to cancel, they may do so but will be invoiced an amount that the Company judges to be proportional to the amount of work completed on the commission and further compensatory charges for booked design time or printing press time or any other supply costs accruing.

33. The Company and the Customer shall pay all amounts due under this Agreement in full without any deduction except as required by law and neither party shall be entitled to assert any credit, set-off or counterclaim against the other in order to justify withholding payment of any amount due, in whole or in part.

Project Work

34 . All projects are planned to an agreed schedule. Non-adherence to this schedule by the Customer may result in compromising final delivery deadlines. If this is likely to occur, the Company will advise the Customer as soon as this becomes evident and suggest an alternative solution where feasible. This may incur additional costs.
35. Any indication given by the Company of a design project’s duration is to be considered by the customer to be an estimation. The Company cannot be held responsible for any project over-runs, whatever the cause.
36. The Company shall always take commercially reasonable steps to meet the Customer’s request. Where this is not possible, an alternative, (possible less-favourable) solution may be provided.
37. The Company reserves the right to commission freelance support or outsource any job if it is felt it is in the best interests of the Customer. Any outsourced job remains the property/responsibility of the Company and such services are deemed to be carried out ‘indirectly’ by the Company.
38. Once final proofs/materials have been signed off, the Company cannot be held responsible financially or otherwise for any errors relating to print, programming or any end product.
39. Whilst every effort will be made to achieve agreed delivery dates, the Company cannot accept liability or be held financially responsible for any targets or deadlines being missed for delivery of any work which is outside of the Company’s control.
40. As part of larger projects which involve 3rd parties commissioned directly by the Customer, the Company will not be held responsible in any way for services not carried out/managed directly or indirectly by the Company.
41. Where the project requires a number of products to be printed or manufactured, every endeavour will be made to deliver the correct printed quantity ordered, but estimates are conditional upon margins of 5%. The Company reserves the right to change/alter ordered amounts in the Customer’s best interest.
42. Where the Customer requests a reprint of an earlier printed product, we will endeavour to use the same sprint specification. However, differences beyond our control (temperature, light, stock, etc) may lead to a slight difference in reproduction.

Customer's Obligations

43. The Customer must:

a. Co-operate with the Company in all matters relating to the Services.

b. Provide, in a timely manner, any information as the Company may reasonably require, this may affect timelines if NOT responded in a timely manner.

c. Obtain and maintain all necessary licences and consents and comply with all relevant legislation in relation to the Services before the date on which the Services are to start.

Liability and Warranty Disclaimer

44. The Company provides their website and the contents thereof on an ‘as is’ basis and makes no warranties with regard to the site and its contents, or fitness of services offered for a particular purpose. The Company cannot guarantee the functionality or operations of their website or that it will be uninterrupted or error free, nor does it warrant that the contents are current, accurate or complete.

45. The Company endeavours to provide a website within given delivery time scales to the best of its ability. However, the Customer agrees that the Company is not liable for any claims, losses, costs incurred or compensation due to any failure to carry out services within a given delivery time scale.

46. The Customer agrees that the Company is not liable for any failure to carry out services for reasons beyond its control, including but not limited to acts of God, telecommunication problems, software failure, hardware failure, third party interference, Government, emergency on a major scale or any social disturbance of extreme nature such as industrial strike, riot, terrorism and war or any act or omission of any third party services.

47. The Company is not liable for any consequences or financial losses such as, but not limited to, loss of business, profit, revenue, contract, data or potential savings, relating to services provided.

48. On handover of files from Company to Customer, the Customer shall assume entire responsibility in ensuring that all files are functioning correctly before use.

49. Whilst every effort is made to make sure files are error free, the Company cannot guarantee that the display or functionality of the web design or the website will be uninterrupted or error free. If, after handover of files, errors are found in code the Company has created and the standard development platform, domain name set-up and hosting set-up are the same as when work began, then the Company can correct these errors for the Customer free of charge for a period of 3 months, after acceptance of the work. After the 3-month period, the Company reserves the right to quote separately for any work involved in correcting an error.

50. If, after handover of files, errors are found in code the Company has created and the standard development platform, or the domain name set-up or hosting set-up have been changed, the Company can correct errors and reserves the right to quote separately for any additional work needed as a result of changes to the browser software, domain name set-up or hosting set-up.

51. Should the Customer go into compulsory or involuntary liquidation or cannot pay its debts in the normal course of business, the Company reserves the right to cancel forthwith any projects and invoice the Customer for any work completed.

52. The Company shall have no liability to the Customer or any third parties for any damages, including but not limited to claims, losses, lost profits, lost savings, or other incidental, consequential, or special damages arising out of the operation of or inability to operate these web pages or website, even if the Company has been advised of the possibility of such damages.

53. There are sometimes laws and taxes that affect Internet e-commerce. The Customer agrees that it is their responsibility to comply with such laws and will hold harmless, protect, and defend the Company and its subcontractors from any claim, suit, penalty, tax, or tariff arising from the Customer’s exercise of Internet e-commerce.

54. The Company may from time to time recommend to the Customer that updates are needed to their site, including but not limited to new legislation compliance, software compatibility and web standards. The Developer reserves the right to quote for any updates as separate work. The Customer agrees that the Company is not liable for any failure to inform or implement these updates to their site. The Customer agrees that it shall defend, indemnify, save and hold the Company harmless from any and all demands, liabilities, costs, losses and claims arising from omission to inform or implement these updates.

Indemnity

55. The Customer agrees to use all Company services and facilities at their own risk and agrees to defend, indemnify, save and hold the Company harmless from any and all demands, liabilities, costs, losses and claims, including but not limited to legal fees against the Company or its associates that may arise directly or indirectly from any service provided or agreed to be provided or any product or service sold by the Customer or its third parties.

56. The Customer agrees that this indemnification extends to all aspects of the project, including but not limited to website content and choice of domain name.

57. The Customer also agrees to indemnify, hold harmless and defend, the Company against any liabilities arising out of injury to property or person caused by any any product or service sold by the Customer or any service provided or agreed to be provided or by third parties, including but not limited to infringement of proprietary rights, misinformation, infringement of copyright, delivery of defective services or products that are harmful to any company, person, business, or organisation.

Liability and Insurance

58. If the Company’s performance of its obligations under this Agreement is prevented or delayed by any act or omission of the Customer, its agents, sub-contractors, consultants or employees, the Company shall not be liable for any costs, charges or losses sustained or incurred by the Customer that arise directly or indirectly from such prevention or delay.

59. Nothing in this Agreement limits or excludes either party's liability for:

a. death or personal injury caused by its negligence.

b. fraud or fraudulent misrepresentation; or

c. breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession), or

d. any other liability which cannot be limited or excluded by applicable law.

60. Subject to the above clause and the clause above (Indemnity), neither party shall have any liability to the other party, whether in contract, (including negligence), for breach of statutory duty, or otherwise, arising under or in connection with this Agreement for:

a. loss of profits.

b. loss of sales or business.

c. loss of agreements or contracts.

d. loss of anticipated savings.

e. loss of or damage to goodwill.

f.  loss of use or corruption of software, data or information.

g. any indirect or consequential loss.

Confidentiality

61. Each party will only use Confidential Information to perform its obligations under the Agreement and will not cause or allow the information to be disclosed except:

a. where required by law, court order or any governmental or regulatory body.

b. to any of its employees, officers, sub-contractors, representatives, or advisers who need to know the information in order to discharge its obligations under the Agreement and agree only to use the information for that purpose and not to cause or allow disclosure of that information.

c. where the information has become generally available to the public (other than as a result of disclosure in breach of the Agreement by the party or any of its employees, officers, sub-contractors, representatives or advisers).

d. where the information was available or known to it on a non-confidential basis before being disclosed under the Agreement; or

e. where the information was developed by or for it independently of the Agreement and is received by persons who are not the disclosing party.

Copyright and Intellectual Property

62. The Company cannot guarantee the Customer exclusivity of any marketing concept, strategy, design or other intellectual property provided. Therefore, the Company will not accept liability for any alleged claim from the Customer or any Third Party as the result of unintentional similarity in part or whole of a Third Party’s copyright protected or registered trademark or brand, identity, strapline, colour usage, image style and content, product or otherwise.

63. It remains the Customer’s responsibility to seek copyright protection if desired for any creative/intellectual property provided to the Customer by the Company.

64. By supplying images, text, or any other data to the Company, the Customer grants the Company permission to use this material freely in the pursuit of the design.

65. All creative work produced (including words, pictures, ideas, visuals and illustrations) and devised during a project(s), creative, digital, software files and related correspondence remain the property – physically, intellectually and in copyright, of the Company unless specifically released in writing and after all release costs have been settled.

66. If a choice of designs is presented as part of the creative process, only the chosen design is deemed to be given by us as fulfilling the contract. All other designs remain the property of the Company, unless specifically agreed in writing.

67. Should the Company agree to provide design concepts as part of a pitch (whether free of charge or subject to a pitch fee), the design (which includes the design idea) remains the property of the Company until such time that it is released in writing by the Company and after all release costs have been settled.

68. The Customer has the right to reject the Company’s designs but the Company will pursue damages should the Customer utilise the design concept (or the core design idea).

69. The Customer agrees to fully indemnify and hold the Company 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.

Materials

70. It is the responsibility of the Customer that all materials (including, but not limited to images, diagrams, logos, videos, data, as well as intellectual property in other media) supplied to the Company by the Customer will have the relevant copyrights, licenses and permissions for use in the commissioned project. The Company will not accept responsibility/liability for infringements caused by any wrongly supplied materials.

71. In good faith, the Company shall hold any supplied files, originals and materials for a period of up to 12 months. Resumption of works on an ‘open’ project would be completed according to the original schedule of costs so long as the project specification remained unaltered.

72. Whilst taking every care to protect all media and correspondence supplied, the Company cannot accept liability or be held responsible financially or otherwise for any loss. Disputes will not be entered into.

Data Protection

73. Each party shall comply with its obligations and may exercise its respective rights and remedies.

74. In accordance with GDPR, should the Customer wish for the Company to handle/process any of their customer data or to provide systems to process personal data (eg web-based databases), it is the Customer’s legal responsibility to ensure the processes requested of us are data-compliant and to have a written contract in place with us to carry out such processes. Furthermore, it is the Customer’s responsibility to ensure they have obtained consent from the individuals for the personal data they pass over to us for processing.

Consequences of Termination

75. On termination or expiry of this Agreement:

a. the Customer shall immediately pay to the Company all of the Company's outstanding unpaid invoices and interest and, in respect of Services supplied but for which no invoice has been submitted, the Company may submit an invoice, which shall be payable immediately on receipt.

b. The customer will have a 14-day cooling off period and may cancel this agreement in this period free of charge. The 14-day cooling off period does not apply to any business plans or documentation created digitally that has been received by the customer.

76. Termination or expiry of the Agreement shall not affect any rights, remedies, obligations, or liabilities of the parties that have accrued up to the date of termination or expiry, including the right to claim damages in respect of any breach of the Agreement which existed at or before the date of termination or expiry.

77. Other than as set out in the Agreement, neither party shall have any further obligation to the other under the Agreement after its termination.

General

78. This Agreement contains the whole Agreement between the parties relating to its subject matter and supersedes all prior discussions, arrangements or agreements that might have taken place in relation to the Agreement. Nothing in this clause limits or excludes any liability for fraud or fraudulent misrepresentation.

79. No variation of the Agreement will be valid or binding unless it is recorded in writing and signed by or on behalf of both parties.

80. The Contracts (Rights of Third Parties) Act 1999 does not apply to the Agreement and no third party has any right to enforce or rely on any provision of the Agreement.

81. A provision which by its intent or terms is meant to survive the termination of the Agreement will do so.

Dispute and Liability

82. The Company shall be under no liability if it should be unable to carry out any provision of the contract for any reason beyond it’s control including (without limiting the foregoing), Act of God, Legislation, War, Act of terrorism, Fire, Flood, Drought, Failure of power supply, Lock out, Strike by employee’s in contemplation of furtherance of dispute or inability to procure materials required for the performance of the contract. During the continuance of such a contingency the Customer may, by written notice, elect to terminate the contract and pay for work done and materials used, but subject thereto, shall otherwise accept delivery when available.

83. The Customer agreed that the Company shall hold no responsibility for any amendments made by any third party after the artwork has been supplied by the Company to the Customer

84. In the event of any bona fide dispute or difference arising between the parties in connection with the Contract (excluding any dispute relating to non-payment of the Charges, for whatever reason), the parties shall attempt to resolve such dispute or difference in good faith or by mediation. It is the responsibility of the Customer to inform the Company immediately of any issue that may lead to a dispute (including but not limited to quality, service, cost, deadline), without such information, no disputes will be entered into.

85. Advice of any loss, quality or damage issues must be reported to the Company within five clear working days of delivery and receipt (whether be printed or digital) and any claim in respect thereof must be made in writing to the Company within 3 working days thereafter. The Company shall not be liable in respect of any claim unless the aforementioned requirements have been complied with.

86. Any discrepancies relating to any invoice must be reported to the Company within 1 calendar month from the date of issue. The Company reserves the right to dismiss any claims and will not be held liable in respect of any claim should the aforementioned requirement not be adhered to.

Governing law and jurisdiction

87. This Agreement shall be governed by and interpreted according to the law of England and Wales and all disputes arising under the Agreement (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the English and Welsh courts.

Privacy

88. Your privacy is critical to us. We respect your privacy and comply with the General Data Protection Regulation regarding your personal information.

89. These Terms and Conditions should be read alongside, and are in addition to our policies, including our privacy policy and cookies policy which can be found The policy can be found on our website.

90. For the purposes of these Terms and Conditions:

a. 'Data Protection Laws' means any applicable law relating to the processing of Personal Data, including, but not limited to the GDPR.

b. 'GDPR' means the UK General Data Protection Regulation.

c. 'Data Controller', 'Personal Data' and 'Processing' shall have the same meaning as in the GDPR.

91. We are a Data Controller of the Personal Data we Process in providing the Services and Goods to you.

92. Where you supply Personal Data to us so we can provide Services and Goods to you, and we Process that Personal Data while providing the Services and Goods to you, we will comply with our obligations imposed by the Data Protection Laws:

a. Before or at the time of collecting Personal Data, we will identify the purposes for which information is being collected.

b. We will only Process Personal Data for the purposes identified.

c. We will respect your rights in relation to your Personal Data; and

d. We will implement technical and organisational measures to ensure your Personal Data is secure.

93. For any enquiries or complaints regarding data privacy, you can e-mail: privacy@launch-startup.co.uk.

Credit and Marketing

94. The Company reserves the right to the addition of our Company credit on printed or digital projects unless instructed otherwise by the Customer and, to the use for self-promotion any work carried out for the Customer.

95. The Company reserves the right to use both initial creative concepts and final approved design work for the purposes of the Company’s marketing activities (both online and offline) unless otherwise requested/agreed with the Customer.

96. Terms and Conditions may be changed at any time without prior notice.