This is Make & Market ™
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DISCLAIMER


I'm a graphic and website designer and experienced marketing executive.
I'm blatantly honest.
I'm travel, design and stationery obsessed.
I have radically changed my life for the better in the last few years with mindfulness, coaching and a ton of research.
I have a hard time making important decisions.
I have completed a lot of online training and coaching programmes.
I'm kinda in love with cheese. 
I buy way too much stationery.  
I'm addicted to reading personal development books.
I'm straight talking and pragmatic with a side of woo woo (I believe in the energy of the universe.)
I research happiness, mindfulness and positive psychology.
I am learning how to take care of my mind and body with nutrition, exercise and self-care, and I love to talk about it.  
I teach graphic, web design, marketing and systems tech set-up to small business start-ups.

I am not a doctor, psychologist, counsellor, nutritionist, nor many, many other things. 

I do share with the intent to help, inspire and relate to your journey.
I do not intend for you to take anything I write or say too seriously.
I do not want you to sue me. 

Make & Market is where I share my own experiences and research on starting a business, chasing dreams, improving lifestyle, happiness, health and mindfulness as well as graphic and web design.

Nothing you read on here should be taken as advice in the place of qualified health care professionals, and/or qualified financial professionals who know your circumstances better than I do. When it comes to your own health, happiness and business, I encourage you to do your own research before taking any programmes or advice you find anywhere on the internet. I recommend using this website as a resource for getting the information you need to start your own business and create your dream life. 

 

PRIVACY POLICY


This privacy policy is between you, the User of this Website and Make & Market, the owner and provider of this Website. Make & Market takes the privacy of your information very seriously. This privacy policy applies to our use of any and all Data collected by us or provided by you in relation to your use of the Website.

1. In this privacy policy, the following definitions are used:

Data - collectively all information that you submit to Make & Market via the Website. This definition incorporates, where applicable, the definitions provided in the Data Protection Laws;

Data Protection Laws - any applicable law relating to the processing of personal data, including, but not limited to the directive 96/46/EC (Data Protection Directive) or the GDPR, and any national implementing laws, regulations and secondary legislation, for as long as the GDPR is effective in the UK.

GDPR - the General Data Protection Regulation (EU) 2016/679

User or You - any third part that accesses the Website is is not either (i) employed by Make & Market and acting in the course of their employment or (ii) engaged as a consultant or otherwise providing services to Make & Market and accessing the Website in connection with the provision of such services.

Website - the website that you are currently using, www.makeandmarket.com, and any sub-domain of this site unless expressly excluded by their own terms and conditions.

2. In this privacy policy, unless the context requires different interpretation:
a. The singular includes the plural and vice versa;
b. The references to sub-clauses, clauses, schedules or appendices of this privacy policy; 
c. A reference to a person includes firms, companies, government entities, trust and partnership;
d “including” is understood to mean “including without limitation”;
e. The reference to any statutory provision includes any modification or Amendment of it; 
f. The headings and subheadings do not form part of this privacy policy. 

Scope of this privacy policy

3. This privacy policy applies only to the actions of Make & Market and Users with respect to this Website. It does not extend to any websites that can be accessed from this website including, but not limited to, any links we may provide to social media websites.

4. For the purposes of the applicable data protection laws,Make & Market is the “data controller”. This means that Make & Market determines the purposes for which, and the manner in which, your Data is processed.

How we collect data 

5. We collect data in the following ways:
a. Date it is given to us by you; and
b. Data is collected automatically.

Data that is given to us by you

6. Make & Market will collect your data in a number of ways, for example:
a. When you contact us through the website, by telephone, post, email or through any other means; in each case, in accordance with this privacy policy.

Data that is collected automatically

7. To the extent that you access the website, we will collect your data automatically, for example:
a. We automatically collect some information about your visit to the website. This information helps us to make improvements to the website content and navigation, and includes your IP address, the date, times and frequency with which you access the website in the way you use and interact with its content.

Keeping data secure

8. We will use technical and organisational measures to safeguard your data, for example:
a. Access to your account is controlled by a password and username that is unique to you.
b. We store your data on secure servers.

9. Technical and organisational measures include measures to deal with any suspected data breach. If you suspect any misuse or loss or unauthorised access to your data, please let us know immediately by contacting us via the email address carly@makeandmarket.Com 

Data retention

11. Unless a longer retention. Is required or permitted by law, we will only hold your data on our systems for the period necessary to fill the purposes outlined in this privacy policy or until you request that the data be deleted.

12. Even if we delete your data, in May persist on backup or archival Media for legal, tax or regulatory purposes.

Your rights

13. You have the following rights in relation to your data:
a. Right to access-the right to request (i) close bracket copies of the information we hold about you at any time, or (ii) that we modify, update or delete such information. If we provide you with access to the information we hold about you, we will not charge you for this, unless your request is “manifestly unfounded or excessive". Where we are legally permitted to do so, we may refuse your request. If we refuse your request, we will tell you the reasons why.
b. Right to correct-the right to have your data rectified if it is inaccurate or incomplete.
c. Right to erase-the right to request that we delete or remove your data from my sister's.
d. Right to restrict our use of your data-the right to “block” us from using your data or limit the way in which we can use it.
e. Right to data portability-the right to request that the move, copy or transfer your data.
f. Right to object-the right to object to our use of your data including where we use it for our legitimate interests.

14. To make enquiries, exercise any of your rights set out above, or withdraw your consent to the processing of your data (where consent is our legal basis for processing your data), please contact us via this email address carly@makeandmarket.com

15. If you are not satisfied with the way a complaint you make in relation to your data is handled by us, you may be able to refer your complaint to the relevant data protection authority. For the UK, this is the information commissioners office (ICO). The ICO's contact details can be found on their website at www.Ico.Gov.Uk

16. It is important that the data we hold about you is accurate and current. Please keep us informed if your data changes during the. For which we hold it.

Links to other websites

17. This website may, from time to time, provide links to other websites. We have no control over such websites and are not responsible for the content of these websites. This privacy policy does not extend to your use of such websites. You are advised to read the privacy policy or statement of other websites prior to using them.

Changes of business ownership and control

18. Make & Market may, from time to time, expand or reduce our business and this may involve the sale and/or  transfer of control of all or part ofMake & Market. Data provided by users will, where it is relevant to any part of our business so trasnferred, be transferred along with that part and the new owner or newly controlling party will, under the terms of this privacy policy, be permitted to use the data for the purposes for which it was originally supplied to us.

19. We may also disclose data to a prospective purchaser of a business or any part of it.

20. In the above instances, we will take steps with the aim of ensuring your privacy is protected.

General

21. You may not transfer any of your rights under this privacy policy to any other person. We may transfer our rights under this privacy policy where we reasonably believe your rights will not be affected.

22. If any court of competent authority finds that any provision of this privacy policy (OR part of any provision) is invalid, illegal or unenforceable, that provision or provision will, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of this privacy policy will not be affected.

23. Unless otherwise agreed, no delay, act or Omission by a party in exercising any right or remedy will be deemed a waiver of that, or any other, right or remedy.

24. This agreement will be governed by and interpreted according to the law of England and Wales. All disputes arising under the agreement will be subject to the exclusive jurisdiction of the English and Welsh courts.

Changes to this privacy policy

25. Make & Market reserves the right to change this privacy policy as we may deem it necessary from time to time or as may be required by law. Any changes will be immediately posted on the website and you are deemed to have accepted the terms of the privacy policy on your first use of the website following the alterations. You may contact Make & Market  by email at carly@makeandmarket.com

 

 COOKIE STATEMENT


Cookies are very small text files that are stored on your computer when you visit some websites. 

We use cookies to help identify your computer so we can tailor your user experience, track shopping basket contents and remember where you are in the order process.

You can disable any cookies already stored on your computer, but these may stop our website from functioning properly.

THE FOLLOWING IS STRICTLY NECESSARY IN THE OPERATION OF OUR WEBSITE.

This Website Will:
• Remember what is in your shopping basket
• Remember where you are in the order process
• Remember that you are logged in and that your session is secure. You need to be logged in to complete an order.

The following are not Strictly Necessary, but are required to provide you with the best user experience and also to tell us which pages you find most interesting (anonymously).

FUNCTIONAL COOKIES

This Website Will:
• Offer Live Chat Support (If available)
• Track the pages you visits via Google Analytics

TARGETING COOKIES

This Website Will:
• Allow you to share pages with social networks such as Facebook

This website will not
• Share any personal information with third parties. 

 

ACCEPTABLE USE POLICY


This is the acceptable use policy, which, together with our terms of website use, Terms of Use, sets out the terms under which we Make & Market allow you to use our site www.makeandmarket.com (“site”) whether you are a visitor or a registered user. All enquiries should be directed to carly@makeandmarket.com Please read the terms of this policy carefully, as by using our site you indicate that you agree to comply with and be bound by them.

PROHIBITED USES OF OUR SITE

Whether you are a visitor or registered user, you must comply with our terms of website use Terms of Use, and use our site for lawful purposes only. In particular, you must not use our site for the uses listed (without limitation) below:-

    any fraudulent activity;
    any activity which breaches any applicable law or regulation, whether national or international;
    any activity which may cause or result in harm to a child under 18 years of age;
    sending unsolicited advertising or other content (spam), or entering into any arrangement for such material to be sent;
    reproducing, selling or otherwise handling our site or its contents in breach of our terms of website use;
    knowingly introducing to our site, or transmitor attempt to transmit to any other site, computer or network, viruses, trojans, worms, logic bombs or other material, code or program which is malicious or technologically harmful;
    attempting to gain unauthorised access to our site, our software, our server, or any server, computer or database connected to our site; or
    attacking our site via a denial-of-service attack or a distributed denial-of service attack.

CONTRIBUTING AND INTERACTING

Our site may offer users the facilities to upload or contribute content or other material, or to interact with other users. When making use of these facilities, it is your responsibility to ensure that any contribution or interaction is, as far as you are aware, factually correct, represents your honest opinion, and does not breach any applicable law or regulation.

In addition, any contribution or interaction must not include any material which (without limitation):-

    is defamatory, obscene, offensive, hateful or inflammatory;
    is, or refers to material which is, sexually explicit;
    promotes violence, illegal activity or any form of discrimination;
    infringes any other person’s copyright, database right or trade mark;
    threatens, harasses, upsets, embarrasses, alarms or annoys any other person, or is likely to do so;
    advocates, promotes or assists any illegal activity;
    is likely to deceive any person or is made in breach of a legal duty owed to a third party (such as a duty of confidence);
    invades another’s privacy or cause inconvenience or anxiety to any person;
    is used to impersonate any person, or to misrepresent your identity or affiliation with any person; or
    gives the impression that the material emanates from us, if this is not the case.

MODERATION

If we at any time use our site to provide users with any interactive service, the following moderation provisions will apply:-

    we will notify users if moderation is in place, and, if so, whether the moderation is provided by a person or is automated;
    if moderation is in place, we will give you a means to contact the moderator;
    although we will do our best to assess any risks which such interactive service may pose, we will be under no obligation to moderate it, and we expressly exclude any liability for any loss or damage to any person caused by use of it; and
    children should at all times be supervised when using the interactive services on our site, whether such services are moderated or not.

BREACHES OF THIS POLICY

Any breach of this acceptable use policy will be dealt with in the same way as breach of our terms of website use Terms of Use, and we reserve the right to take any other action we reasonably deem appropriate, including restricting your use of our site and/or taking legal action against you. We are not liable for any loss or damage caused by any breach of this acceptable use policy.

AMENDMENTS

Please check this page regularly, as we may revise this acceptable use policy at any time. We may also change or update our acceptable use policy at any time by means of notices published anywhere on our site.

 

PURCHASES & REFUNDS


1.1 Due to your purchase being a design package in a business capacity, we do not offer refunds or cancellations. All contracts and purchases are binding.

1.2  Due to your purchase being an info-product in a business capacity and downloadable at the time of purchase, we do not offer refunds or cancellations. All purchases are binding.

1.3  In terms of our physical products, we stand by the quality of our material and if for whatever reason you feel the quality has not been met, please email us at carly@makeandmarket.com

APPLICATION OF TERMS AND CONDITIONS

2.1.   These terms and conditions (“Terms”) apply to the Make & Market Coaching Programme (“Programme”) operated by Carly Frances Wilden, at 776-778 Barking Road, International House, Barking, London, E13 9PJ, United Kingdom. By registering to be a participant in our Programme, you agree to the following Terms and that these prevail over any inconsistent terms or conditions contained, or referred to, elsewhere or as implied by law, trade custom, practice or course of dealing.

2.2.   The agreement between us and you, the person or entity registering to be a participant in the Programme (“you”) and which is subject to these Terms (“Contract”), shall come into effect upon us emailing you to confirm our acceptance of your registration form for the Programme and shall continue until terminated in accordance with these Terms.

2.3.   If you are purchasing online, the order process will be as follows:

2.3.1. add the Programme or Package to the cart and proceed to the checkout and make payment as directed;

2.3.2. we will send you an email acknowledging your order and confirming whether we have accepted your order.

2.3.3. If at any stage you have made an error in your order, you may email us at carly@makeandmarket.com to correct any errors.

2.4.   If you are purchasing online, you should print a copy of these Terms for your records as we will not be filing a copy and we may change these Terms from time to time.

2.5.   These Terms should be read in conjunction with our Website Terms of Use, Privacy Policy and Acceptable Use Policy (all of which can be found on our website www.makeandmarket.com  (“site”)).

2.6.   Any content posted or submitted by you to our site in the course of the Programme is subject at all times to the Acceptable Use Policy.

2.7.   Where you are a corporate entity, “you” as used in these Terms shall be deemed to include your officers and employees and you shall procure that such officers and employees fully comply with these Terms.

PROGRAMME / package

3.1.   The Programme / Package will be provided over the course specified on the sales page and shall be delivered by a combination of online sessions, telephone sessions, one on one in person sessions (“In Person Session”), or as a downloadable product as detailed on the site.

3.2.   The date and time of all telephone sessions and In Person Sessions are as set out on the site but are subject to change. We will provide you with as much notice of any change as is possible but we shall not be liable to you in any way for any change to such dates or times. Please check the site regularly for updates on changes to dates and times.

IN PERSON SESSIONS

3.3.   If you need to cancel an In Person Session, you should provide us with as much notice as possible (by emailing carly@makeandmarket.com) and we will endeavour to reschedule the session to a mutually convenient date and time. If you provide us with less than 24 hours’ notice or fail to provide us with any notice we may not be able to reschedule the session and shall not be obliged to refund you any amounts paid in relation to such session.

3.4.   If you arrive late for an In Person Session, we will try to extend the end time but if this is not possible, the session will end at the scheduled time and we will not be obliged to refund you any amounts paid in relation to such session.

3.5.   The In Person Sessions may be held in third party venues such as hotel meeting rooms and you agree to comply at all times with such venue’s policies and rules in relation to such venue (particularly fire safety and health and safety rules). We will require you to leave if you do not comply with such policies and rules (and shall not be obliged to refund you any amounts paid in relation to such session).

3.6.   You are responsible for your own belongings that you take to an In Person Session and neither we nor the venue will be liable for any loss, damage, theft or destruction of any of your belongings.

3.7.   You agree to indemnify us against any claim from any third party (and associated costs and expenses (including professional fees)) arising out of your actions or inactions while at a venue as part of the Programme.

TELEPHONE SESSIONS

3.8.   Group telephone sessions shall start and end at the scheduled times regardless of the time that you join the call. If you are late for an individual telephone call, this may be extended at our discretion but if we need to end at the scheduled time, we shall not be obliged to refund you any amounts in relation to such session.

ONLINE SESSIONS

3.9. The online sessions of the Programme are held on third party secure servers and we have taken all reasonable steps to ensure that the online content will be available at all times during the course of the Programme but in the event that such content (or any content added by you or other participants in the Programme) is not available in whole or in part at any time, or becomes corrupted, is deleted or is failed to be stored, we shall have no liability in any circumstances.

3.10. You agree to keep user details and your password for the site confidential at all times and to not disclose them to any third party. You must notify us immediately if you become aware of any unauthorised use of your account and you shall indemnify us against all claims, damages, losses, costs or expenses (including professional fees) and any other liability which arises from any unauthorised use of your account.

GOODS

4.1.   Where we are providing goods or products (such as CDs, DVDs or binders) (“Products”) as part of the Programme or otherwise, the following terms and conditions of this paragraph 4 shall apply.

4.2.   Any photographs of the Products on our site are for illustration purposes only.

4.3.   The delivery charges for the Products are as set out on our site from time to time.

4.4.   Your order will be fulfilled by the estimated delivery date set out in our confirmation email or as described on our site, unless there is an event outside of our control. If we are unable to meet the estimated delivery date because of an event outside our control, we will endeavour to contact you with a revised estimated delivery date.

4.5.   Delivery will be completed when we deliver the Products to the address you gave us when you placed the order and the Products will be your responsibility from the completion of delivery.

4.6.   If no one is available at your address to take delivery, we will leave you a note that the Products have been returned to our premises, in which case, please contact us to rearrange delivery. Return delivery will be at your expense.

4.7.   You own the Products once we have received payment in full, including all applicable delivery charges.

PAYMENT

5.1.   The total price payable for the Programme is as set out in the summary of key terms above.

5.2.   You may choose to pay by instalments or in one lump sum and the total price payable shall depend upon which option you have chosen and shall be as set out in the summary of key terms.

5.3.   If you choose to pay in instalments a deposit of the amount set out in the summary of key terms is payable on registration for the Programme. You will then be invoiced for a further instalments (as specified on our website) for the amount set out in the summary of key terms every 30 days until the total price payable has been paid. Such invoices must be paid within 7 days of the date of the invoice.

5.4.   Payment is to be made by any method that is detailed on our site from time to time.

5.5.   Without prejudice to any other right or remedy that we may have, if any sum payable under these terms is not paid within 7 days of the date due we reserve the right to (i) charge interest from the date due for payment to the actual date of payment at the rate of 3% above the base rate of HSBC from time to time in force and/or (ii) suspend the availability of the Programme until such time as payment is made or the Contract is terminated.

5.6.   The total price payable as set out in the summary of key terms is exclusive of Value Added Tax (and any other applicable taxes or duties) which shall be added at the applicable rate where necessary.

5.7.   You shall be responsible for all travel, accommodation and other subsistence costs and all other expenses incurred by you in connection with your participation in the Programme.

5.8.   All payments are non-refundable.

OUR OBLIGATIONS

6.1.   We warrant to you that the Programme and Programme materials purchased from us is of satisfactory quality and reasonably fit for the purpose for which the Programme is supplied.

6.2.   Other than as set out in paragraph 6.1 above, all warranties and representations are excluded to the fullest extent permitted by law. Due to the nature of coaching and the fact that your success is dependent on a number of factors over which we have no control, we do not guarantee any particular results.

6.3.   We will endeavour to ensure that all information that we provide is accurate and up-to-date but we shall not be liable for any claims arising from such information being inaccurate or not up-to-date or otherwise.

6.4.   We acknowledge that in the course of the Programme we will have access to your confidential information and we agree not to (except in the proper course of our duties) use or disclose to any third party such confidential information. This restriction does not apply to:

(a)   Any use or disclosure authorised by you or required by law; (b) any use or disclosure which we in our absolute discretion consider necessary or advisable in order to prevent illegal acts or harm to you or to others; or (c) any information which is already in, or comes into, the public domain otherwise than through our unauthorised disclosure.

6.5.   You acknowledge and agree that your personal data will be processed by and on behalf of us as part of us providing the Programme to you.

INTELLECTUAL PROPERTY

7.1.   We are the owner or the licensee of all Intellectual Property Rights and all other rights in the Programme and all content within the Programme and nothing in these Terms or otherwise shall operate to transfer the ownership of the Intellectual Property Rights in the Programme or the content of the Programme to you or to any other person.

7.2.   You may not at any time copy, reproduce, publish in any form, share, sell, dispose of or otherwise make available to a third party in any way any of the content or materials contained in the Programme.

7.3.   We grant to you a limited, non-exclusive, non-transferable, non-sub licensable revocable license to use all or any of the content of the Programme for the purposes for which the Programme were provided only.

7.4.   Except as set out in paragraph 7.3, you may not use any of our intellectual property rights at any time except where duly licensed. Use of our logo is strictly prohibited without our prior written consent.

7.5.   You may not without our prior written consent make any audio or visual recordings of any part of our Programme.

7.6.   We may from time to time record the Programme being delivered during your attendance.  You authorise us to use your image and voice in any such recordings without payment, other condition or need for further consent.

7.7.   You acknowledge that certain information contained in the Programme and Programme materials is already in the public domain.

7.8.   You are not permitted to sell or promote products or services to other participants in the Programme at or during any part of our Programme without our prior written permission.

7.9.   The provisions of this paragraph 7 shall survive termination of the Contract.

TERM AND TERMINATION

8.1.   The Contract shall continue until the end of the Programme when the Contract shall expire other than for the Terms that are specifically stated to remain in force.

8.2.   Notwithstanding the provisions of paragraph 8.1 or 8.2, either of us may terminate the Contract on written notice to the other with immediate effect if at any time:

8.2.1. The other commits any serious or repeated breach or non-observance of any of the provisions of these Terms; or

8.2.2. The other (i) makes a resolution for its winding up, (ii) makes an arrangement or composition with its creditors, (iii) makes an application to a court of competent jurisdiction for protection from its creditors, (iv) is unable to pay its debts, (v) ceases trading or an administration or winding-up order is made or an administrator or receiver is appointed in relation to such party, (vi) is declared bankrupt or (vii) is convicted of a custodial offence (other than a road traffic offence); or

8.2.3. The other party commits any fraud or dishonesty or acts in any manner which in the opinion of the terminating party brings or is likely to bring the terminating party into disrepute or is materially adverse to the interests of the terminating party.

8.3.   On or before the date of termination of the Contract, you shall immediately pay any unpaid fees or other sums payable under these Terms (which for the avoidance of doubt shall include any remaining instalments regardless of the point at which the Contract is terminated).

8.4.   Termination of this agreement shall not affect either of our accrued rights, remedies, obligations and liabilities of either of us as at the date of termination of this Contract, including the right to claim damages in respect of any breach of the Contract which existed at or before the date of termination.

8.5.   Any delay by us in exercising our right to terminate the Contract shall not constitute a waiver of our right to terminate or to seek any other remedy.

8.6.   Paragraphs which expressly or by implication have effect after termination of the Contract shall continue in full force and effect after the date of termination of the Contract.

8.7.   This paragraph 8 shall survive termination of the Contract.

8.8.   Where the Contract expires, this shall be treated as a termination for the purposes of paragraph 8.7 and all other paragraphs that refer to “termination”.

LIABILITY

9.1.   Nothing in this paragraph 9 shall limit our liability for death or personal injury caused by our negligence or for our fraud or fraudulent misrepresentation or for any matter for which liability cannot be legally excluded or limited.

9.2.   We shall not be liable for any loss of profits, loss of business, depletion of goodwill and/or similar losses, loss of anticipated savings, loss of goods, loss of contract, loss of corruption of data or information or any special, indirect, consequential or pure economic loss, costs, damages, charges or expenses suffered or incurred by the you as a result of you entering into the Contract and/or us providing the Programme.

9.3.   Our total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise arising in connection with the performance or contemplated performance of the Contract shall in all circumstances be limited to the price paid by you for the Programme.

9.4.   If we are prevented from or delayed in performing our obligations by your act or omission or by any circumstance outside of our control, we shall not be liable to you for any costs, charges or losses sustained or incurred by you that arise directly or indirectly from such prevention or delay.

9.5.   We shall not be liable for additional costs incurred by you as a result of changes in (i) the Programme, (ii) any other content, (iii) the location of venues, (iv) the time and date of sessions or (v) trainers, instructors or coaches.

9.6.   The provisions of this paragraph 9 shall survive termination of the Contract.

9.7.   You acknowledge and agree that:

9.7.1. The Contract constitutes the entire agreement and understanding between us and supersedes any previous arrangement, understanding or agreement between us relating to the provision of the Programme (which shall be deemed to have been terminated by mutual consent);

9.7.2. in entering into the Contract you have not relied on any undertaking, promise, assurance, statement, representation, warranty or understanding (whether in writing or not) of any person (whether party to the Contract or not) relating to the provision of the Programme other than as expressly set out in the Contract.

GENERAL

10.1. By registering for our Programme you warrant that:

10.1.1.    You are legally capable of entering into binding contracts; and

10.1.2.    You are at least 18 years old; and

10.1.3.    That all information you provide us with is materially true and accurate at all times and not misleading in any way.

10.2. You accept that communication with us will be mainly electronic.  We will contact you by e-mail or provide you with information by posting notices on our site.  You agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing.  This condition does not affect your statutory rights.

10.3. We may vary these Terms (other than the price payable by you for the Programme) as we see fit from time to time and if we do, we shall notify you by email of the change of terms. Your continuation with the Programme will be deemed to be your acceptance of any new Terms.

10.4. The Contract is personal to you and you may not assign, transfer, charge, subcontract, sub-license or deal in any other manner with all or any of your rights under the Contract.

10.5. We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.

10.6. If we fail to insist upon strict performance of any of your obligations under the Contract, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations. A waiver by us of any default shall not constitute a waiver of any subsequent default. No waiver by us of any of these Terms shall be effective unless it is expressly stated to be a waiver and is in writing.

10.7. If any of these Terms are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

10.8. A person who is not a party to the Contract shall not have any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of the Contract.

10.9. The rights of the parties to terminate, rescind or agree any variation, waiver or settlement under the Contract are not subject to the consent of any person that is not a party to the Contract.

10.10. The Contract and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with English law.

10.11.  We each irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with the Contract or its subject matter or formation (including non-contractual disputes or claims).

10.12.   Unless the context otherwise requires, a reference to one gender shall include a reference to the other gender. 

 

TERMS OF WEBSITE USE


This page (and the documents it refers to) tells you the terms of use on which you may use our website www.makeandmarket.com (our site), whether as a guest or a registered user. Please read these terms of use carefully before you start to use the site. By using our site, you accept these terms of use and agree to abide by them. If you do not agree to these terms of use, please do not use our site.

ABOUT US

http://www.makeandmarket.com is a site operated by Carly Frances Wilden ("we" or “us”). Our email address is carly@makeandmarket.com

OUR SITE

We allow access to our site on a temporary basis and we reserve the right to withdraw, restrict or change our site at any time and without notice. We will not be liable if for any reason our site is unavailable at any time or if the content is changed or out of date.

You must treat as confidential any user identification code, password or other security feature in relation to our site. If, in our opinion, you aren’t complying with these terms of use, we have the right to disable any such code, password or feature at any time.

You must comply with the provisions of our Acceptable Use Policy when using our site.

It is your responsibility that anyone who accesses our site through your internet connection is aware of these terms and complies with them.

VARIATIONS

We may revise these terms of use at any time by amending this page or by provisions or notices published elsewhere on our site.

INTELLECTUAL PROPERTY RIGHTS

We are the owner or the licensee of all intellectual property rights in our site and the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

You must not use any part of the materials on our site for commercial purposes without a license from us or our licensors. You may not reproduce in any format (including on another website) any part of our site (including content, images, designs, look and feel) without our prior written consent.

If, in our opinion, you are in breach of these provisions, your right to use our site will cease immediately and you must either return or destroy (as required by us) any copies of the materials you have made.

RELIANCE ON INFORMATION AND LINKS

The contents of our site (including links to other sites and resources provided by third parties) are for information only, and we shall not be liable for any use of, or reliance on, such materials. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.

INFORMATION ABOUT YOU AND YOUR VISITS TO OUR SITE

We process information about you in accordance with our Privacy Policy. By using our site, you consent to such processing and you warrant that all data provided by you is accurate.

LINKING TO OUR SITE

You may link to our home page only if you have first obtained our written consent and provided that you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. We reserve the right to withdraw linking permission without notice.

The website from which you are linking must comply in all respects with our Acceptable Use Policy and must be owned by you.

You must not link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page.

If you wish to make any use of material on our site other than that set out above, please address your request to carly@makeandmarket.com

UPLOADING MATERIAL TO OUR SITE

When you upload material to our site, or make contact with other users of our site, you must comply with our Acceptable Use Policy. If you upload material in breach of our Acceptable Use Policy and we suffer loss as a result, you will reimburse us for such loss.

Any material you upload to our site will be considered non-confidential and non-proprietary and we have the right to use, copy, distribute and disclose it to third parties. If any third party claims that any material posted or uploaded by you to our site violates their intellectual property rights, or their right to privacy, we have the right to disclose your identity to them.

We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of our site.

We have the right to remove any material or posting you make on our site if, in our opinion, such material does not comply with the content standards set out in our Acceptable Use Policy.

VIRUSES, HACKING AND OTHER OFFENCES.

You must not misuse our site by knowingly introducing any material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack.

By failing to comply with this provision, you would commit a criminal offence and your right to use our site will cease immediately and we will report your actions to the relevant authorities.

OUR LIABILITY

The material displayed on our site is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we hereby expressly exclude:

     All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
    Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our site or in connection with the use, inability to use, or results of the use of our site, any websites linked to it and any materials posted on it (whether by us or a third party), including, without limitation any liability for:
    loss of income or revenue;
    loss of business;
    loss of profits or contracts;
    loss of anticipated savings;
    loss of data;
    loss of goodwill;
    wasted management or office time; and for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.

This does not affect any liability which cannot be excluded or limited under applicable law.

JURISDICTION AND APPLICABLE LAW

The English courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to our site.

These terms of use and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales. 

 

Graphic & Website Design Policy 

A detailed copy of this agreement will be sent to you for signature before any work together starts.


WHAT DO BOTH PARTIES AGREE TO DO?

You: You have the authority to enter into this agreement on behalf of yourself, your company or your organisation. You’ll give me everything I need to complete the project as and when and in the format I need it. You’ll review my work, provide feedback and approval in a timely manner too. Deadlines work two ways, so you’ll also be bound by dates we set together. You also agree to stick to the payment schedule set out at the end of this document. Me: I have the experience and ability to do everything I’ve agreed with you and I’ll do it all in a professional and timely manner. I’ll endeavour to meet every deadline that’s set and on top of that I’ll maintain the confidentiality of everything you give me. If at any stage, you’re not happy with the direction my work is taking within a predefined and agreed brief, you’ll pay me in full for everything I’ve produced/the hours worked until that point and cancel this contract.

GRAPHIC & WEBSITE DESIGN

I design a range of graphics suitable for print, event displays and as components for websites. I design using Adobe Photoshop, Illustrator and InDesign. I will create components or documents in file formats as specified at the beginning of each project. I create look-and-feel designs, and flexible layouts that adapt to the capabilities of many devices and screen sizes. I create designs and always use Squarespace website platform so we won’t waste time mocking up every template as a static visual. I may use static visuals to indicate a look-and-feel direction (colour, texture and typography.) I call that ‘design atmosphere.’ You’ll have regular opportunities to review my work and provide feedback, more on a quick turnaround project. You will have the opportunity to ask for reworks on your project as outlined on my website or in our correspondence. Try to collate your updates/amends and advise them at the same time. Individual updates will each be classed as a rework. If you require more reworks than previously agreed, I can provide a separate estimate for that.

SQUARESPACE

I deliver templates developed from Squarespace website platform for styling, feature detection, ecommerce capabilities and device recognition. By signing this contract you are also agreeing to the Squarespace terms of services as outlined here https://www.squarespace.com/terms-of-service/ BROWSER TESTING Browser testing no longer means attempting to make a website look the same in browsers of different capabilities or on devices with different size screens. It does mean ensuring that a person’s experience of a design should be appropriate to the capabilities of a browser or device. I test my work in current versions of major desktop browsers including those made by Apple (Safari), Google (Chrome) and Mozilla Firefox. I won’t test in other older browsers unless you specify otherwise.

TECHNICAL SUPPORT

I’m not a website hosting company so I don’t offer support for website hosting, email or other services relating to hosting. I offer guidance to set this up as part of the web design package, but you will need to open the accounts yourself and pay the fees of the hosting company as outlined in the quote. You need to open the accounts due to confidential payment information the accounts will hold, and in order to manage it in the future after the completion of work. Once my work has been completed, the updates to, and management of your designs and/or website will be up to you.

INTEGRATED SOFTWARE

I am happy to support you with the integration of marketing software. You will be responsible for registering those software accounts and paying the applicable fees, as these are not included in the package. I am happy to connect the accounts for you, with your permission to use your login information, however, you will be responsible for checking the connection and that the details of those accounts are correct. I cannot be held liable for any errors that may occur.

PERMISSIONS

I will have administrator privileges within your website for the duration of our time working together. Once the project is complete and the full balance has been paid, if you no longer wish for me to have access, you can revoke these privileges at anytime by visiting the permission settings within Squarespace. You have also agreed for me to:

• Have relevant login information, and use it to manage systems and software relating to your project.
• Set up and manage a range of accounts and back-end systems in your personal or business name, including, but not limited to, Mailchimp, 123-Reg and Squarespace.

It is your responsibility to revoke my access from your accounts and change your password once we have finished working together.

TEXT CONTENT

I’m not responsible for writing any text copy. If you’d like me to write new content, I can provide a separate estimate for that.

PHOTOGRAPHS AND IMAGERY

You should supply graphic files in an editable, vector digital format. You should supply photographs in a high-resolution digital format. If you choose to buy stock photographs, I can suggest stock libraries. If you’d like me to search for photographs for you, I can provide a separate estimate for that.

CHANGES AND REVISIONS

I know from experience that fixed-price contracts are rarely beneficial to you, as they often limit you to your earliest ideas. I don’t want to limit your ability to change your mind. The price at the beginning of this contract is based on the length of time I estimate I’ll need to accomplish everything you’ve told me you want to achieve, but I’m happy to be flexible. If you want to change your mind or add anything new, that won’t be a problem as I’ll provide a separate estimate for that. You will have the opportunity to ask for three (3) reworks on your project. Try to collate your updates/amends and advise them at the same time. Individual updates will each be classed as a rework. If you require more reworks than previously agreed, I can provide a separate estimate for that. For any individual reworks beyond that are charged at 30% of the cost price.

LEGAL STUFF

I can’t guarantee that my work will be error-free and so I can’t be liable to you or any thirdparty for damages, including lost profits, lost savings or other incidental, consequential or special damages, even if you’ve advised me of them. Finally, if any provision of this contract shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this contract and shall not affect the validity and enforceability of any remaining provisions.

FORCE MAJEURE

Neither you nor us shall be liable for failure to perform our part of the contract, if the failure is due to force majeure events (including fire, flood, earthquake, storm, hurricane, natural disaster, war, civil war, invasion, act of foreign enemies, hostilities, rebellion, terrorist activity, government sanction, change of law, strike, lockout, industrial action, embargo, sabotage, interruption or failure of electricity service, interruption or failure of transport networks or other public utilities, interruption or failure of Internet or other communication service).

CONFIDENTIALITY

I agree that I will keep all information provided to me relating to business and/or marketing plans, discussions, research, graphic design and marketing related programmes and processes under development in strict confidence. I will only disclose this information solely to individuals, who have signed a non-disclosure agreement with, or who have express approval from you, either verbal or written, to receive this information.

COPYRIGHTS

First, you guarantee that all elements of text, images or other artwork you provide are either owned by you, or that you have permission to use them. Upon payment of all my outstanding invoices for the project, and in exchange for such payment, I grant you a royalty-free licence to use the deliverables for the uses stated, without any changes or additions (except that you can make the designs smaller or larger for printing or display purposes). If you want to put the deliverables to additional uses, or make changes to them, additional fees will apply as I may have to obtain additional licences from third party vendors - contact me and I’ll be happy to work out some terms with you. Otherwise I will have to look to you to cover me for any damage, legal fees and consequences if you put the deliverables to additional uses without my prior authorisation. I remain the owners of all rights in the deliverables in draft and final form, as well as of the works used to create them (except for materials that you provided, or that are owned by third parties), and are free to use them in future. I’m proud of the work I do, and love to show it off and share what I’ve learned with other people, so I reserve the right, with your permission to display and link to your project as part of my portfolio and to write about it on websites, in magazine articles and in books.

TIMELINE

You agree to the timeline on my website and in our correspondence. It is important that we both work efficiently to ensure the project is finished by the deadline, so we each commit to correspond regularly to keep the project on track.

NON-PAYMENT

I’m sure you understand how important it is as a small business that I get paid promptly for my invoices. I rarely have any late payment issues with my clients, but I need to protect myself too. So in the unlikely event that any of my invoices are not paid on time, I may charge a late fee amounting to five per cent (5%) of the amount owing for every seven (7) days (or part thereof) that it remains unpaid. I also may choose to cancel the project immediately, suspend work until payment is received (including stopping ongoing work, removing unpaid material, and taking down the website), and/or take legal action to recover my fees and any lawyer’s charges for doing so.

FINAL DELIVERY

For graphic design projects, I will deliver to you the digital files containing the final project deliverables within seven (7) business days after you approve them, and after you’ve paid all outstanding invoices. The files will be delivered in Adobe EPS/PDF, PNG and JPG. For website development projects, all files that are required for the website to function properly will be sent to you within seven (7) business days after you approve them, and after you’ve paid all our outstanding invoices.

TERMINATION OF CONTRACT

Either party will have the right to terminate the contract by giving notice in writing to the other party. Cancellation does not affect any benefit or right that you or us become entitled to beforehand. So regardless of cancellation, you will pay me for any outstanding invoices and for work already done but not yet invoiced. Your deposit/first instalment is non-refundable.

BUT WHERE’S ALL THE HORRIBLE SMALL PRINT?

Just like a parking ticket, you can’t transfer this document to anyone else without my permission. This agreement stays in place and need not be renewed. If for some reason one part of this document becomes invalid or unenforceable, the remaining parts of it remain in place. Although the language is simple, the intentions are serious and this is a legal document under exclusive jurisdiction of English courts. By expressing your confirmation in writing (on paper or in electronic form), you agree to all the conditions of these terms.