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Terms of Service

Last updated: 1 February 2025

Contents

  • 1. Introduction
  • 2. Website Use
  • 3. Client Services
  • 4. Project Process
  • 5. Pricing & Payment
  • 6. Scope Changes
  • 7. Intellectual Property
  • 8. Portfolio & Marketing Rights
  • 9. Warranties & Disclaimers
  • 10. Limitation of Liability
  • 11. Post-Launch Support
  • 12. Data Processing
  • 13. Confidentiality
  • 14. Termination
  • 15. General Terms
  • 16. Governing Law & Disputes
  • 17. Contact & Company Information

1. Introduction

These Terms of Service ("Terms") govern:

  • Your use of the withkind.studio website
  • Any services we provide to you as a client

By using our website or engaging our services, you agree to these Terms.

Service provider:

Camwei Limited (trading as withkind.studio)
Company Registration Number: 14103019
Registered in England and Wales
Location: London, UK
Contact: hello@withkind.studio

2. Website Use

Acceptable use

You may use our website for lawful purposes only. You must not:

  • Attempt to gain unauthorized access
  • Introduce viruses or malicious code
  • Scrape content without permission
  • Use automated systems to access the site excessively

Intellectual property

All content on this website (text, images, design, code) is owned by Camwei Limited or licensed to us.

You may not reproduce, distribute, or create derivative works without our written permission.

Links to other sites

Our website may link to third-party sites. We're not responsible for their content or privacy practices.

3. Client Services

Scope of services

We provide design and development services as described in your project proposal or Statement of Work ("SOW").

Services typically include:

  • Product strategy and UX design
  • UI design and design systems
  • Front-end development and MVP builds
  • QA and project handoff

Each project requires a signed SOW. These Terms apply to all projects unless the SOW explicitly states otherwise.

4. Project Process

Brief session

Most projects start with a 90-minute brief session. We'll send you pre-work questions 48 hours in advance.

After the session, we'll deliver:

  • PROJECT.md (product brief and scope)
  • Pricing proposal
  • Timeline estimate

Approval to proceed

Work does not commence until we receive your written approval to proceed and payment of the deposit invoice.

Written approval can be:

  • Email confirmation (e.g., "Approved, please proceed")
  • Signed Statement of Work
  • Reply to our proposal accepting the terms

Project timeline & communication

Timelines in the SOW are estimates based on our experience with similar projects.

We commit to:

  • Send you weekly progress updates (every Friday by email)
  • Notify you within 48 hours if we encounter delays or blockers
  • Respond to your questions within 1 business day

We ask that you:

  • Provide feedback within 3 business days of receiving deliverables
  • Attend scheduled check-ins (typically 30 minutes weekly)
  • Notify us promptly if your availability changes

5. Pricing & Payment

Standard payment terms

Projects under £30,000:

  • 50% deposit (due before work starts)
  • 50% on completion

Projects £30,000 and above:

  • 33% deposit (due before work starts)
  • 33% at midpoint
  • 33% on completion

All prices exclude VAT (we are not currently VAT registered).

Payment method

Invoices are payable within 14 days by bank transfer or card payment.

Late payment

If payment is overdue by more than 14 days:

  • We may pause work until payment is received
  • We reserve the right to charge interest at 8% above Bank of England base rate
  • We'll notify you by email before pausing work or charging interest

What's not included

Unless explicitly stated in the SOW, fees do not include:

  • Hosting costs (you pay providers directly)
  • Third-party service fees (Stripe, email services, APIs, etc.)
  • Domain registration and SSL certificates
  • Work outside the agreed scope

6. Scope Changes

Change requests

If you request changes outside the agreed scope, we'll provide:

  • Written description of the change
  • Impact on timeline
  • Additional cost (if applicable)
  • Your written approval required before proceeding

Minor adjustments (small wording changes, color tweaks) are included. Significant changes (new features, additional pages) require scope adjustment.

Client delays

If you're unresponsive for more than 7 consecutive days without prior notice, we may pause work to protect the project timeline.

If unresponsive for more than 30 days, we may terminate the project and invoice for work completed to date.

7. Intellectual Property

Your IP (what you own)

You own:

  • Final deliverables (design files, code, documentation) once full payment is received
  • Your business information, brand, and content
  • Any materials you provided to us

Our IP (what we retain)

We retain ownership of:

  • Our processes, methodologies, and templates
  • Design system components we've built for other clients
  • Any pre-existing materials or tools we bring to the project

Transfer on payment

IP transfer occurs only when you've paid all outstanding invoices in full.

8. Portfolio & Marketing Rights

Unless you explicitly opt out in writing, we may use the following for our portfolio and marketing:

  • Your company name and logo
  • Screenshots or images of the final deliverable
  • High-level project description
  • Anonymized metrics (e.g., "40% increase in conversions")

We will not disclose:

  • Confidential business information
  • Unreleased features or roadmaps
  • Specific financial data without your permission

You may opt out at any time by emailing hello@withkind.studio.

9. Warranties & Disclaimers

What we guarantee

  • We have the legal right to provide the services and license the deliverables
  • Our work will be performed with reasonable skill and care
  • Final deliverables will be our original work (or properly licensed)
  • We'll meet the specifications outlined in the agreed SOW

What we don't guarantee

  • The deliverable will be completely error-free
  • It will meet your specific business goals or generate revenue
  • It will be secure against all possible threats
  • Third-party services will remain available or unchanged

10. Limitation of Liability

Liability cap

Our total liability to you for any claim arising from a project is limited to the total fees you paid for that specific project.

Excluded losses

We are not liable for:

  • Loss of profits, revenue, business, or contracts
  • Loss of anticipated savings or business opportunity
  • Loss of or corruption to data
  • Indirect, consequential, special, or punitive damages
  • Failures of third-party services

Time limit for claims

You must bring any claim within 12 months of the date when you knew or should reasonably have known about the issue.

11. Post-Launch Support

What's included

After handoff, we provide 2 weeks of support for Validation MVP projects.

Support includes:

  • Critical bug fixes
  • Deployment assistance
  • Admin questions

Post-support options

Retainer: £3,000–£4,000/month

Equivalent to 2 days/month. Includes minor updates, bug fixes, and strategic guidance.

Ad-hoc work: £600/day

Subject to availability. Minimum 4-hour blocks (half-day).

12. Data Processing (Client Projects)

For projects where we process personal data on your behalf:

You are the data controller. We act as your data processor under UK GDPR and EU GDPR.

A Data Processing Agreement (DPA) will be provided with your contract.

At project handoff:

  • We transfer all data to you in a common electronic format
  • We delete our copies within 30 days
  • You assume full data controller responsibility

13. Confidentiality

Our obligations

We'll keep your confidential information private and use it only to deliver your project.

Confidential information includes:

  • Business plans, strategies, and financial information
  • Unpublished product features or roadmaps
  • Customer data or user research

Survival

Confidentiality obligations survive project completion indefinitely.

14. Termination

Termination by you

You may terminate a project by giving us 14 days' written notice by email.

If you terminate, you'll pay:

  • All work completed to date (calculated pro-rata)
  • Any non-refundable expenses we've already incurred

Deposits are non-refundable, but we'll credit completed work against the deposit amount.

Termination by us

We may terminate the project immediately if:

  • You breach these Terms and don't remedy within 14 days
  • You're unresponsive for more than 30 days
  • Payment is overdue by more than 30 days

15. General Terms

Entire agreement

These Terms, together with the SOW and DPA (if applicable), constitute the entire agreement between us.

Amendments

We may update these Terms occasionally. Changes apply to new projects only.

You can always find the current version at withkind.studio/terms.

Force majeure

Neither party is liable for delays due to events beyond reasonable control (natural disasters, war, pandemics, etc.).

16. Governing Law & Disputes

Governing law

These Terms are governed by the laws of England and Wales.

Dispute resolution

We prefer to resolve disputes amicably. If you're unhappy:

  • Email us first: hello@withkind.studio
  • We'll acknowledge within 24 hours and aim to resolve within 14 days
  • If not resolved, we'll suggest mediation

17. Contact & Company Information

Questions about these Terms?

Email: hello@withkind.studio

Company details:

Camwei Limited (trading as withkind.studio)
Company Registration Number: 14103019
Registered in England and Wales
Location: London, UK

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