Terms of Service

Terms of Service

Last Updated: September 2024

Last Updated: September 2024

1. Agreement Overview

Speed Dial is operated by Michael Sizer, a sole trader based in the UK, trading as Speed Dial Design. These terms of service are between Michael Sizer T/A Speed Dial Design ("We/Speed Dial") and you as the Client ("You/Client") and govern the basis on which Speed Dial provides design and software services to You (“Terms of Service”).  By accepting services from Speed Dial, you are accepting these Terms of Services. These Terms of Service remain in effect until terminated by either the Client or Speed Dial in accordance with the below Terms of Service.

Background IP means all Intellectual Property Rights pre existing at the point at which Services were provided to a Client. 

Intellectual Property Rights means patents, rights to and in inventions, copyright and related rights, trade marks, business names and domain names, rights in get-up, goodwill and accrued rights to sue for passing off, rights in designs, database rights, rights in confidential information (including know-how) and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.

Services means software and creative design project services provided by Speed Dial;

Subscription means a monthly subscription to Speed Dial for the Services, in return for the Subscription Fee;

Subscription Term means the term of the Subscription until terminated pursuant to the terms of these terms of service;

Subscription Fee means the sum set out in the payment portal provided by Speed Dial to the Client plus VAT (if any), payable monthly in advance;

Sprint means Services provided over a single week (Mon-Fri excluding UK Bank Holidays);

Sprint Fee means the single one off fee set out in the payment portal provided by Speed Dial to Client plus VAT (if any), payable in advance.

2. Plans

2.1 Subscription

Speed Dial agrees to provide, during the Subscription Term, Services to Clients in return for the Subscription Fee.

The Client shall provide valid, up-to-date and complete credit card details or approved purchase order information acceptable to Speed Dial and any other relevant valid, up-to-date and complete contact and billing details.

Where the Client provides its credit card details to Speed Dial or it’s appointed third party provider, the Client hereby authorises Speed Dial to bill such credit card for the Subscription Fees payable in respect of the Subscription Term.

Speed Dial shall be entitled to increase the Subscription Fee by giving not less than two (2) calendar months notice to the Client.

2.2 Sprint

Speed Dial agrees to provide Services as part of a Sprint to Clients in return for the Sprint Fee.

The Client shall provide valid, up-to-date and complete credit card details or approved purchase order information acceptable to Speed Dial and any other relevant valid, up-to-date and complete contact and billing details.

3. Pausing Your Subscription

You have the option to pause Your subscription at any time simply by contacting hello@speeddial.design within 24 hours of Your desired pause date. Upon pausing, any remaining days in Your subscription’s billing cycle will be retained and available upon You resuming the subscription. Pausing a subscription will immediately stop the billing cycle as well as any active work.

Subscriptions may be paused for up to six (6) calendar months and must be paused for a minimum of seven (7) days. Meaning once Your subscription is paused, the earliest it can be resumed is seven (7) days after the pause date. Where a paused subscription is not resumed after six (6) calendar months, the subscription will be automatically terminated and any remaining days in Your subscriptions billing cycle will no longer be available.

For the avoidance of doubt, Services provided under a Sprint may not be paused.

4. Cancellation & Refunds

Speed Dial maintains a strict no-refund policy on all payments made for Services.

Clients wishing to cancel their Subscription may do so at any time by giving not less than fourteen (14) days written notice to hello@speeddial.design prior to their next billing cycle renewal date. This advanced notice is crucial to prevent charges for the subsequent billing period.

In the event that a Client fails to provide a fourteen (14) notice of cancellation of a Subscription, the Client will be subject to the full charges of the subsequent billing period. These charges are non-refundable.

Clients are encouraged to consider their project timelines and plan cancellations accordingly to align with this policy. Speed Dial remains committed to providing clear and transparent communication and Services during any notice period. 

In the event that a Client submits a cancellation notice in respect of their Subscription, Speed Dial will continue to provide Services until the completion of the current billing cycle. There are no refunds for any portion of the Services that have been unused within this billing period.

Clients may terminate a Sprint prior to the expiry of the relevant week it relates to, at any time, but no refund will be available for early termination prior to the expiry.

5. Termination by Speed Dial

Speed Dial reserves the right to terminate Client's access to the Services at any time.  Speed Dial may also suspend or restrict Client’s access to Services in the event the Client is in breach (or alleged breach) of these Terms of Service.

Upon termination under this clause 5 or cancellation under clause 4 above, all rights and obligations of both parties, save for those explicitly stated as surviving the termination (such as payment obligations for services prior to date of termination, confidentiality, and ownership of materials), will cease. Speed Dial will take reasonable steps to ensure a smooth transition and minimise disruption to the Client's ongoing projects.

Any refund by Speed Dial under this clause 5 shall be solely at the discretion of Speed Dial on a case by case basis.

6. Intellectual Property Rights

The Client acknowledges and agrees that Speed Dial owns all Background IP in the Services.  In addition, Speed Dial retains ownership of its proprietary materials, rights to its foundational and underlying content, such as software, design frameworks, and pre-existing text, graphics, and media used in the creation process, underlying tools, methods, or pre-existing materials, as well as Background IP, forming part of the Services.  

Save for that immediately above, the Client shall have full ownership of all other Intellectual Property Rights arising in the final, delivered project work pursuant to the Services. This includes all design and original source files created specifically for the Client’s project. 

When a Client provides material containing or featuring Intellectual property Rights, You grant us a worldwide, non-exclusive, royalty-free, transferable licence to use, reproduce, distribute, prepare derivative works of, display, and perform that user-generated content as part of providing Services to You. You warrant to Speed Dial that giving this licence does not breach any third party rights. 

7. Fonts

In the event that any Services requires use of fonts not already owned by Speed Dial and requiring a commercial licence for legal reproduction, distribution, or public display, Speed Dial will inform the Client in writing (including via email). The Client will need to purchase the appropriate licences for the third-party fonts, enabling Speed Dial to have appropriate access to them. The Client assumes all responsibility for consequences due to failure in purchasing required and appropriate licences for any third-party fonts incorporated into Services.

8. Client Representations

By using the Services, Client represents and warrants that the Client has the legal capacity, and agrees, to comply with these Terms of Service; Client is not a minor; Client will not access the Services through automated or non-human means; Client will not use the Services for any illegal or unauthorised purpose; Client’s use of the Services will not violate any applicable law or regulation.

9. Prohibited Activities

Clients shall use the Services provided by Speed Dial solely for lawful purposes and in accordance with the intended use of these Services. Specifically, the creative content and materials produced by Speed Dial are to be used by the Client in a manner that aligns with the agreed-upon project scope and is consistent with the terms of the service plan selected. Clients are prohibited from:

  • Reselling, redistributing, or otherwise exploiting the Services or content created by Speed Dial for unauthorised commercial purposes.

  • Using the services or content created in any way that infringes upon the intellectual property rights of others, including but not limited to unauthorised reproduction, modification, or distribution.

  • Engaging in any activity that is illegal, fraudulent, or violates the rights of any third party.

  • The use of Speed Dial’s Services should be in a manner that respects the integrity of the creative process and adheres to the legal and ethical standards of content creation and usage.

Speed Dial shall not provide Services where Your design requests are or may be connected to something which is: 

  • unlawful, harmful, threatening, defamatory, obscene, infringing, harassing or racially or ethnically offensive;

  • facilitates illegal activity;

  • depicts sexually explicit images;

  • promotes unlawful violence;

  • is discriminatory based on race, gender, colour, religious belief, sexual orientation, disability; or

  • is otherwise illegal or causes damage or injury to any person or property;

10. Feedback

Client acknowledges and agrees that any questions, comments, suggestions, or other feedback related to the Services provided by Speed Dial ("Feedback") must be communicated through designated platforms, specifically Slack or Figma. This ensures that Feedback is properly recorded and addressed.

Speed Dial is not liable for any oversight or failure to act on Feedback that is not shared through the aforementioned designated channels. Clients are encouraged to use these platforms for all communication regarding Feedback to ensure it is duly noted and appropriately responded to.

Speed Dial will provide updates every two to three business days for those Clients receiving Services via Subscription and daily updates for those on a Sprint.

11. Oversight

Speed Dial reserves the right to monitor the Services for violations of these Terms of Service and to take appropriate legal action against violations.

12. Modifications to Terms of Service

Speed Dial reserves the right to change, alter, modify, discontinue or remove any part of the Services at its sole discretion. Speed Dial shall use reasonable endeavours to notify Clients of any substantial changes to these Terms and Conditions.

13. Interruptions and Suspension of Service

There may be occasions where Service interruptions occur due to factors beyond our control. These may include, but are not limited to, unforeseen circumstances such as periods of leave, sickness, technical difficulties, or external factors impacting our ability to deliver services.

In the event of such interruptions, Speed Dial shall use reasonable endeavours to give as much notice as possible and notify you in writing that your Subscription is temporarily suspended or Sprint temporarily paused (provided that in an unforeseen emergency it may not be possible to give advance notice). 

Speed Dial shall not be liable for any loss, damage, or inconvenience caused by the Client’s inability to receive the Services during these periods.

We are committed to minimising any disruptions and will endeavour to notify Clients of any significant interruptions ahead of time when possible, and resume Services as promptly as possible.

14. Governing Law and Jurisdiction

This agreement and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the law of England and Wales. 

Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with this agreement or its subject matter or formation.

15. Limitations of Liability and Indemnification

Except as otherwise provided in the indemnification obligations below, under no circumstances shall Speed Dial, its directors, employees, members, contractors, or agents be liable for any direct, indirect, incidental, special, consequential, or punitive damages, including but not limited to lost profits, data, or use, incurred by the Client or any third party, whether in an action in contract or tort, arising from the Client’s access to, or use of, the Services provided, save where it is not possible to exclude liability under law.

Speed Dial shall indemnify, defend, and hold harmless the Client from and against any and all claims, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of any claim or action by a third party alleging that the use of the design work produced by Speed Dial as part of Services and as delivered to the Client and used in accordance with the terms of this Agreement infringes the intellectual property rights of such third party.

The Client agrees to indemnify, defend, and hold harmless Speed Dial against any and all claims, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of any claim or action by a third party alleging that any use of third party intellectual property rights provided to Speed Dial to incorporate in designs pursuant to the Services infringes the intellectual property rights of such third party.

16. User Data and Third Party Websites

Client is solely responsible for all data transmitted to or that relates to Services provided to the Client. Speed Dial shall have no liability to Client for any loss or corruption of any such data and Client hereby waives any right of action against Speed Dial from any such loss or corruption, save where it is not possible to limit liability under law.

Speed Dial does not guarantee that our Services will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programs and platform to access our Service. You should use your own virus protection software.

You must not misuse our Services by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful, or otherwise harmfully interacting with our site or any part of it. You must not attempt to gain unauthorised access to our Services or any other equipment or network connected with our Services. 

The Client acknowledges that the Services may enable or assist it to access the website content of, correspond with, and purchase products and services from, third parties via third-party websites and that it does so solely at Client’s own risk. The Supplier makes no representation, warranty or commitment and shall have no liability or obligation whatsoever in relation to the content or use of, or correspondence with, any such third-party website, or any transactions completed, and any contract entered into by the Client, with any such third party. Any contract entered into and any transaction completed via any third-party website is between the Client and the relevant third party, and not Speed Dial. Speed Dial recommends that Clients refer to the third party's website terms and conditions and privacy policy prior to using the relevant third-party website. Speed Dial does not endorse or approve any third-party website nor the content of any of the third-party website made available.

We will only use your personal information as set out in our Privacy Policy which is available here.

17. Electronic Delivery of Materials

Client consents to receive notices and any other information via electronic communication (including via email or other messaging platform) from Speed Dial as part of the Services and agrees that all agreements, notices, disclosures, and other communications sent electronically satisfy legal requirements for written communication.

18. Showcasing Work

Speed Dial reserves the right to showcase design work on the Speed Dial website and Speed Dial digital and social media channels unless otherwise agreed with the Client in writing.

19. Entire Agreement

These Terms of Service constitute the entire agreement between the parties and supersedes and extinguishes all previous and contemporaneous agreements, promises, assurances and understandings between them, whether written or oral, relating to its subject matter.

20. No Waiver

A delay or failure to exercise, or the single or partial exercise of, any right or remedy shall not waive that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy.

21. No partnership or agency

Nothing in this agreement is intended to or shall operate to create a partnership between the parties, or authorise either party to act as agent for the other, and neither party shall have the authority to act in the name or on behalf of or otherwise to bind the other in any way (including, but not limited to, the making of any representation or warranty, the assumption of any obligation or liability and the exercise of any right or power).

22. Assignment

The Client shall not, without the prior written consent of Speed Dial,  assign, transfer, mortgage, charge, subcontract, delegate, declare a trust over or deal in any other manner with any of its rights and obligations under these Terms of Service.

Speed Dial may at any time assign, mortgage, charge, subcontract, delegate, declare a trust over or deal in any other manner with any or all of its rights and obligations under these Terms of Service, provided that it gives prior written notice of such dealing to the Client.

23. Severance

If any provision or part-provision of these Terms of Service become or becomes invalid, illegal or unenforceable, it shall be deemed deleted, but that shall not affect the validity and enforceability of the rest of these Terms of Service.

24. Force majeure

Speed Dial shall not be in breach of these Terms of Service or otherwise liable for any failure or delay in the performance of its obligations if such delay or failure results from events, circumstances or causes beyond its reasonable control. The time for performance of such obligations shall be extended accordingly.

25. Contact Information

For questions or comments regarding these Terms, please contact: hello@speeddial.design.

© 2024 Speed Dial Design. Michael Sizer trading as Speed Dial Design. All rights reserved.

© 2024 Speed Dial Design. Michael Sizer trading as Speed Dial Design. All rights reserved.