Terms and Conditions

1. Statement of Work – Offer and Acceptance

A binding contract is formed when BRICK issues an invoice following Client acceptance of a quotation/proposal and receives payment for the initial instalment.

Services will be delivered in accordance with BRICK’s development process and any specification in the Statement of Work, proposal, or project brief.

Any request that alters scope, specification, or integrations will be treated as a Change, confirmed in writing with impact on fees and schedule.

2. Client Co-operation and Responsibilities

The Client must supply all content, assets, access credentials and approvals required by BRICK. Unless agreed otherwise, the Client must respond to requests within seven (7) business days.
If the Client fails to respond within this period, deliverables will be deemed approved for invoicing and scheduling purposes.
If delays exceed 21 days, BRICK may pause the project and invoice for work performed to date.
If delays exceed 30 days, the project will be deemed complete and all fees payable. Restarting a project may incur a re-mobilisation fee.
The Client is responsible for ensuring the accuracy, legality and regulatory compliance of all content provided.

3. Payment Terms

Standard schedule: 40% upfront, 30% on approval of proofs, 30% prior to launch.

Invoices are due within 30 days. BRICK may suspend services for overdue accounts, apply statutory interest and recovery charges (Late Payment of Commercial Debts (Interest) Act 1998), and restrict/remove access until balances are cleared.

Out-of-scope work and additional consultancy are charged at £100 per hour unless otherwise agreed.

4. Programming Errors and Correction Period

The Client must review deliverables and notify BRICK in writing of programming errors within three (3) days of delivery. BRICK will use reasonable endeavours to correct such errors free of charge.

This does not apply to changes in Client requirements, errors introduced by Client or third parties, or third-party software, data entry or hosting issues.

Errors reported after 3 days may incur additional charges. BRICK accepts no liability for financial or business losses due to late reporting.

5. Limitation of Liability

Nothing excludes liability for death, personal injury caused by negligence, fraud, or other liability which cannot be excluded by law.

Subject to this, BRICK is not liable for loss of profit, revenue, data, business, anticipated savings, or any indirect or consequential loss.

Total liability is limited to the fees paid for the specific project in the 12 months prior to the event.

6. Intellectual Property

All BRICK pre-existing materials, code, frameworks and tools remain BRICK’s property.

On full payment, the Client receives a non-exclusive, non-transferable licence to use the final deliverables for its internal business and website.

Third-party software, images, fonts and plugins are subject to their own licences and costs (payable by the Client unless otherwise agreed).

7. Hosting, Email and Support

Hosting/email fees, storage and bandwidth limits will be stated in the proposal. Unless specified otherwise, only routine support is included; additional support charged at £100/hour.

Service levels and maintenance windows may be set out in a separate SLA.

8. Confidentiality

Each party shall treat as confidential all information reasonably regarded as such and shall not disclose without consent, except where required by law.

9. Indemnity

The Client shall indemnify and hold BRICK harmless from claims, damages, costs or expenses arising from:

Client content or materials (including IP infringement),
Client’s use of services contrary to these Terms,
Client’s breach of applicable law.

10. Warranty Disclaimer

Services are provided “as is” without warranties except as expressly stated. BRICK does not warrant uninterrupted service, error-free operation, or compliance with specific Client requirements unless expressly agreed.

11. Force Majeure

Neither party shall be liable for failure to perform obligations due to events beyond reasonable control (e.g. outages, industrial action, acts of God, government action).

12. Termination

Either party may terminate with 30 days’ written notice for material breach (remediable within 14 days).

BRICK may terminate immediately for non-payment.

On termination, the Client shall pay for all work completed and committed costs up to termination.

13. Notices

The Client must nominate a single authorised contact for approvals. Notices must be in writing and delivered by email to the addresses specified in the proposal or notified in writing.

14. General

These Terms apply to business clients only.

Invalid provisions do not affect validity of the remainder.

Client may not assign rights without BRICK’s consent. BRICK may subcontract but remains liable for performance.

BRICK may update these Terms by publishing a revised version on its website.

15. Governing Law

These Terms are governed by the laws of England and Wales, with exclusive jurisdiction of the courts of England and Wales.