App / Website / Student Portal/Video Development Terms And Conditions

These terms and conditions are applicable to all App Development projects, Website projects, Student Portal projects that are undertaken by Beauty Design Hub Limited (“The Supplier“). If the App/Website or Student Portal is to be hosted and supported by The Supplier, also view the separate Terms of Service Contract.

1) Acceptance
A copy of these terms and conditions is submitted along with project quotations and must be agreed prior to work commencing. Alternatively, payment of an advance fee or payment online is an acceptance of our terms and conditions. These terms and conditions are always available on our website for review. These terms cover either an App project, Website project, Student Portal project or all of these collectively. Please note; design set up fee’s are to be paid in full, in advance before any work starts and are non refundable.
2) Charges

Charges for services (app or student portal subscriptions) to be provided by The Supplier are defined on the invoice sent to the Client prior to any work commencing depending on chosen package which are always available to view via our website. By paying the initial design set up fee you are agreeing to the 12 month App or Student Portal contract. After this 12 month period you enter a monthly rolling contract.

All App Development projects, web projects and student portal projects will require the initial set up fee to be paid in full prior to work commencing. The monthly subscription fee for the app or student portal will commence either on the date of submission to the App Store and Google Play Console or the date the Student Portal is set live. Charges for App development does cover the release of source Photoshop files; but excludes source-code to web-based Content Management System.

3) Client Review

The Supplier will provide the Client with an opportunity to review the appearance and content of the App during the design process and once they are completed. At the completion of the project, such materials will be deemed to be accepted and approved.

4) Project Schedule And Content Control

In the majority of projects, The Supplier will supply the Client’s App/Website or Student Portal by the date agreed. Unless a delay is specifically requested by the Client and agreed by The Supplier. An alternate time-scale can be agreed during the initial project discussion. This is heavily dependent on the Client supplying the correct material on time to enable The Supplier to complete the project on time.

In return, the Client agrees to delegate a single individual as ‘first-point-of-call’ to aid The Supplier with completing the project in a satisfactory and expedient manner.

5) Payment

An invoice will be issued at the start of the project to cover the initial setup charge. Set up charge is non-refundable. A subscription is a 12-month contract made payable via monthly installments to the agreed account. After this 12 month period, you enter a monthly rolling contract.

6) Cooling Of Period
Once the design set up fee has been paid you have 14 calendar days to cancel the contract under the Consumer Contracts Regulations. However due to the nature of our business and the tight deadlines we work too, time is of the essence so we will start working on your project immediately to ensure our deadlines are met. Subsequently if you decide to withdraw from the contract within the 14 day cooling off period any refunds will reflect the work carried out and time spent on the project at the point of receiving notice of cancellation via email. We also charge a £50 admin fee for cancellation. Once the cancellation has been processed and agreed via email listing the amount to be refunded from Beauty Design Hub ltd you will receive your refund within 30 calendar days via bank transfer.
7) Default

If the Client in default has any information or files on The Supplier’ host space, The Supplier can, at its discretion, remove all such material from its host space. Any Confidential Forms that have been submitted via the App will need to be downloaded by the App Owner. The Supplier is not responsible for any loss of data incurred due to the removal of the service. Removal of such material does not relieve the Client of the obligation to pay any outstanding charges assessed to the Client’s account.

Transactions returned for insufficient funds, or electronic payments returned unpaid will incur a return charge of £25 each and the Customer’s account will immediately be considered to be in default until full payment is received by The Supplier in cleared funds. The Supplier reserves the right to implement these charges at its own discretion, The Supplier would prefer not to charge their clients and will judge each case independently based on their clients circumstances however reserve the right to implement these charges if necessary.

8) Complaints Procedure

Our complaints Policy

We are committed to providing a high-quality service to all our clients. When something goes wrong, we need you to tell us about it. This will help us to improve our standards.

If you have a complaint, please contact us via email to info@beautydesignhub.com with the details of your complaint. We have eight weeks to consider your complaint. If we have not resolved it within this time you may complain to the Legal Ombudsman.

What will happen next?

a) Beauty Design Hub Limited will send you an email acknowledging receipt of your complaint within three days of receiving it, enclosing a copy of this procedure.

b) Upon acknowledgement of the complaint there must be no public criticism, slander or derogatory remarks regarding Beauty Design Hub Limited on any social media platforms including public, private and business accounts otherwise Beauty Design Hub Limited reserves the right to bring a claim against you for any additional payment required as a result of defamation. The complaint must be dealt with in a professional and private manner between both parties as to ensure an adequate solution is reached.

c) Beauty Design Hub Limited will then investigate your complaint. This will normally involve reviewing all correspondence, investigating the claims made and assessing all work that has been carried out in relation to the contractual agreement between the two parties.

d) Beauty Design Hub Limited will then invite you to a conference call to discuss and hopefully resolve your complaint within 14 days of sending you the acknowledgement email.

e) Within three days of the conference call, Beauty Design Hub Limited will email you to confirm what took place and list any solutions that have being agreed with you.

f) If you do not want a conference call or it is not possible, Beauty Design Hub Limited will send you a detailed written reply to your complaint via email, including Beauty Design Hub Limiteds suggestions for resolving the matter, within 21 days of sending you the acknowledgement email.

g) Hopefully we will have come to a solution to the complaint and resolved the matter. We will need acceptance of this in writing via email. However if you are still not satisfied then you can request a review of the complaint.

h) We will write to you within 14 days of receiving your request for a review, confirming our final position on your complaint and explaining our reasons.

i) If you are still not satisfied, you can then contact the Legal Ombudsman,

PO Box 6806, Wolverhampton WV1 9WJ, about your complaint. Normally, you will need to bring a complaint to the Legal Ombudsman within six months of receiving a final written response from us about your complaint or within six years of the act or omission about which you are complaining occurring (or if outside of this period, within three years of when you should reasonably have been aware of it). For further information, you should contact the Legal Ombudsman on 0300 555 0333 or at enquiries@legalombudsman.org.uk.

9) Termination

Termination of the project by the Client must be requested in writing or email and will be effective on receipt of such notice. Telephone requests for termination of services will not be honoured until and unless confirmed in writing or email.

Any design setup fee prior to project commencement will be forfeited if the project is cancelled by the client, even if no deliverable work has been completed.

10) Legal Restrictions

This agreement is also bound by The Supplier Terms of service contract.

11) Copyright
The Client retains the copyright to data, files and graphic logos provided by the Client, and grants The Supplier the rights to publish and use such material. The Client must obtain permission and rights to use any information or files that are copyrighted by a third party. The Client is further responsible for granting The Supplier permission and rights for use of the same and agrees to indemnify and hold harmless The Supplier from any and all claims resulting from the Client’s negligence or inability to obtain proper copyright permissions. A contract for App design and/or development shall be regarded as a guarantee by the Client to The Supplier that all such permissions and authorities have been obtained. Evidence of permissions and authorities may be requested. If the Client requests that The Supplier sources any imagery or files to be used on the App, Website or Student Portal The Supplier is not held responsible for any potential copyright infringement. The Client is wholly responsible for all copyright to data, files, graphic logos and imagery.
12) Media Delivery Requirements
Unless otherwise specified in the project quotation, this Agreement assumes that any text will be provided by the Client in electronic format (ASCII text files delivered via e-mail, CD-ROM, DVD, or FTP) and that all photographs and other graphics will be provided physically in high quality print suitable for scanning or electronically in .gif, .jpg or .png format. The specific requirements will be discussed and agreed with the Client prior to commencement of the project. Although every reasonable attempt shall be made by The Supplier to return to the Client any images or printed material provided for use in creation of the Client’s App, such return cannot be guaranteed.
13) Access Requirements.
If the Client’s App is to be published on a third-party development account, The Supplier must be granted temporary access the account to prepare App submission. If the Client’s App is to interact with a third-party remote server the Client shall provide full access details to storage and content directories. Depending on the specific nature of the project, other resources might also need to be configured on the server.
14) Post Project Alterations
The Supplier cannot accept responsibility for any alterations caused by the Client or a third party occurring to the Client’s App once installed. Such alterations include, but are not limited to additions, modifications or deletions. The Supplier may require a one-off App Development charge before resolving any issues that may arise.
15) Third Party Services
The Supplier may require the usage of third party services – for example, Google Maps API – to complete the Client’s project requirements and will ensure these services are integrated into the project and working correctly upon completion. The Supplier cannot be held responsible for subsequent changes or issues with these third party services that may result in issues on the Client’s App and may require a one-off App Development charge before resolving any problems that may arise.
16) Domain Names
The Supplier may purchase domain names on behalf of the Client, in which case they will then be renewed on an annual basis and the Client will be invoiced by The Supplier. For all domains, reminder emails will be sent out to the client before the domain expires at thirty days before expiration. Domains are automatically renewed ten days before expiration. In all cases, the Client must notify The Supplier that they do not wish to keep the domain twenty days before the expiration date. The loss, cancellation or otherwise of the domain brought about by none or late payment is not the responsibility of The Supplier. The Client should keep a record of the due dates for payment to ensure that payment is received in good time.
17) General
These Terms and Conditions supersede all previous representations, understandings or agreements. The Client’s signature below or payment of an advance fee constitutes agreement to and acceptance of these Terms and Conditions. Payment online is an acceptance of our terms and conditions.
18) Video Tutorials
DISCLAIMER These educational videos are aimed at professional trainers only and are not intended for general use or to replace practical training in any way. Viewing these videos does not mean you are qualified to carry out the procedure shown in this educational video. Sharing of these videos are strictly prohibited. You must not share these videos with any person or business and anyone found to be doing so will be liable for legal action as part of Copyright infringement laws. In order to ensure videos are not shared each one has a unique TAG ID and can be traced using specialist meta tracking software designed to prevent video piracy.
19) Governing Law
This Agreement shall be governed by English Law.
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