OveliTHub terms of service

About these terms

These terms cover two things: the use of this website, and the default commercial position for work we do. Where a signed proposal, statement of work or master services agreement exists, that document takes precedence over this page on every point it covers. Nothing here is intended to reduce a right you have under the law where you are.

“We” and “us” are OveliTHub. “You” is the organisation buying the work, not the individual reading this.

Quotes, and what a quote actually fixes

The prices published on this site are starting figures for the scope described beside them. They are the number a project of that shape begins at, not an estimate of what yours will cost.

A quote becomes fixed when the scope behind it is agreed in writing. From that point the figure quoted is the figure invoiced. If we have mis-estimated the effort inside an agreed scope, that is our error and our cost, not a variation.

A quote is valid for thirty days unless it says otherwise, because third-party costs inside it — licences, hosting, media rates — move.

Scope, and what happens when it changes

Changes to an agreed scope are costed and approved before the work happens. Nothing is absorbed quietly and then invoiced at the end, and nothing is added to the schedule without somebody saying in writing what it costs and what it moves.

That rule runs in both directions. If a piece of agreed scope turns out to be unnecessary, we say so and it comes off the invoice. We would rather deliver less and be right than deliver everything and be paid for work that did nothing.

Where a project stalls waiting on something only you can provide — content, access, a decision, a sign-off — we will say so in writing at the time. Extended delays may move the schedule and, where they push a fixed-price project materially past its agreed window, may be re-costed. Neither happens without telling you first.

Payment

Invoices are issued in US dollars unless otherwise agreed in writing. Retainers are billed monthly in advance; project work is billed against the milestones named in the statement of work. Third-party costs that you will incur directly — advertising spend, licences, hosting, domains — are not included in our fees and are named separately before they start.

Advertising budgets are paid by you to the platform directly. We do not hold, mark up, or bill through your media spend.

What you own, and when you own it

On full payment for the relevant work, the deliverables are yours: source code, design files, content we wrote for you, and the domains, hosting and platform accounts created for the engagement. Analytics properties and advertising accounts are created in your name from the start rather than transferred at the end, so there is no point at which leaving us costs you your history.

Third-party licences — fonts, stock imagery, commercial plugins, extensions — remain governed by their own terms. Where a licence permits assignment we assign it to you; where it does not, we tell you before it is bought, so you know what you are inheriting and what it renews at.

We retain ownership of our own general methods, internal tooling, and any component library that predates your project and is not specific to it. That retention does not limit your use of anything delivered to you.

What we need from you

Work stops without access. To hold a schedule we need the access agreed at kickoff, a named person who can approve, and content or data by the dates in the plan.

You confirm that anything you give us to publish — copy, images, logos, data — is yours to publish or properly licensed. We check what we can, but we cannot verify the provenance of material we did not create.

Retainers, notice and cancellation

Retainers do not auto-renew. A retainer runs for its stated term and then stops unless both sides agree to continue, which means the decision to carry on is taken deliberately rather than by nobody noticing a renewal date.

Either side may end a retainer with thirty days’ written notice. Work already performed and costs already committed on your behalf remain payable. On the last day of a retainer you receive the current state of everything: access, files, documentation and whatever the desk was working from.

If a fixed-price project is cancelled part way, you pay for the work completed and any third-party cost already committed, and you receive what has been produced to that point.

Warranty, and what we fix at our own cost

For thirty days after a project is accepted, anything that does not do what the agreed scope said it would do is fixed at our cost. That is a defect, not a change.

Outside that, and after it, we do not warrant that software will be uninterrupted or error-free, and we cannot be responsible for a third-party platform changing, a plugin being abandoned, or an advertising platform changing its rules. Where we can foresee that risk we name it before you buy.

Nothing we do carries a guaranteed commercial outcome. We do not promise a ranking, a conversion rate, a lead volume or a revenue figure, and we will not sign a document that says we do.

Confidentiality

Each side keeps the other’s commercial information confidential, during the engagement and after it. We are happy to sign your non-disclosure agreement rather than insisting on ours.

We name a client publicly, or describe their project in a case study, only with their agreement. Where that agreement has not been given the work is described without identifying detail, or not at all.

Data protection

How this website handles personal data is set out in the privacy policy.

Where we process personal data on your behalf — which is what a support or back-office desk does by definition — we act as your processor and you remain the controller. That relationship is governed by a signed data processing agreement, not by this page, and the agreement is signed before any of your data reaches anybody here. It names the categories of data, the purposes, the security measures, the sub-processors and what happens at the end.

Liability

Neither side is liable to the other for indirect or consequential loss, or for loss of profit, revenue, data or goodwill arising from the work, however caused.

Nothing in these terms excludes or limits liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, or for anything else that cannot lawfully be excluded.

Governing law

These terms, and any engagement carried out under them, are governed by the law of England and Wales, and the courts of England and Wales have exclusive jurisdiction over any dispute arising from them. That applies wherever your business is based. Where a mandatory consumer-protection law in your own country gives you rights that cannot be set aside by agreement, nothing on this page removes them.

Changes to these terms

We may update this page. The version that applies to your engagement is the one in force on the date your statement of work was signed, not whatever is on this page later.

This page is not legal advice

It is an accurate description of how we work, written to be read rather than to be impenetrable. It has not been drafted by a lawyer. Any contract you are asked to sign — ours or anybody else’s — should be reviewed by your own counsel before you sign it, and we would think less of a supplier who told you otherwise.