Terms & Conditions

1. About These Terms

These Terms and Conditions (“Terms”) govern your use of the AURIA Digital Studio website and, where applicable, the purchase and provision of services by AURIA Digital Studio.

“AURIA”, “AURIA Digital Studio”, “we”, “us” and “our” refer to AURIA Digital Studio, a trading name of Savannah Cummins.

“You”, “your” and “Client” refer to the individual, business or organisation using our Website, making an enquiry or purchasing services from us.

Our website is auriastudio.co.uk (“Website”).

By using our Website, you agree to these Terms insofar as they relate to your use of the Website.

Where you purchase services from us, your agreement with AURIA may also include a quotation, proposal, invoice, project specification, package description or other written agreement supplied by us. Where specific terms agreed for a project conflict with these general Terms, the specifically agreed project terms will take priority in relation to that project.

We may update these Terms from time to time. Updated Terms will be published on our Website. Changes will not retrospectively alter an existing project agreement unless agreed between us or required by law.

2. Our Services

AURIA provides digital and creative services which may include:

• Shopify website design and development;
• website redesigns and enhancements;
• branding and visual identity design;
• AURIA Care+ website support and maintenance;
• website content implementation;
• Shopify configuration;
• additional pages, product uploads and design enhancements;
• design and development add-ons; and
• other related digital services agreed with the Client.

The exact services included in your project will be those stated in the relevant package, quotation, proposal or other written project specification accepted by you.

Any service, feature, page, functionality, revision or deliverable that is not expressly included within the agreed scope may be treated as additional work and charged separately.

Prices displayed on our Website may be changed from time to time. Any price already agreed for an accepted project will not be changed unless the scope of that project subsequently changes.

Where a service is advertised as “Starting From”, the displayed amount represents the minimum price for that service. The final price will depend upon the requirements and scope of the individual project and will be confirmed before work begins.

Unless expressly stated otherwise, all prices displayed or quoted by AURIA are in pounds sterling (GBP).

3. Enquiries, Quotations and Project Acceptance

Submitting an enquiry through our Website does not create a contract between you and AURIA.

Following an enquiry, we may request further information about your business and project before confirming whether we can undertake the work.

Where appropriate, we will confirm the proposed scope of work, price and payment arrangements.

A project will only be considered accepted once any acceptance requirements specified by AURIA have been completed. This may include written acceptance of a quotation or proposal and/or payment of a deposit or initial invoice.

Unless otherwise stated, quotations are valid for 30 days from the date of issue.

We reserve the right to decline a project or enquiry at our discretion before a contract has been formed.

4. Payment

Payment terms will be confirmed before work begins.

Where a deposit or initial payment is required, work will not normally commence until that payment has been received.

Any remaining balance must be paid in accordance with the payment schedule agreed for the project.

Unless otherwise agreed, all outstanding amounts must be paid before the completed website, final design files, branding files or other final deliverables are transferred or released to the Client.

Additional work requested outside the agreed scope may be quoted and invoiced separately.

Unless expressly stated as included in our quotation, you are responsible for third-party costs associated with your project. These may include:

• Shopify subscription fees;
• domain registration and renewal fees;
• premium Shopify theme licences;
• paid Shopify applications;
• third-party software or subscriptions;
• premium fonts;
• stock photography or licensed assets;
• email or other external services; and
• payment-processing fees charged by third parties.

We will make known third-party costs clear where reasonably practicable before they are incurred.

All prices quoted by AURIA are in GBP (£) unless expressly stated otherwise.

5. Client Responsibilities

You must provide the information, materials, access, feedback and approvals reasonably required for AURIA to complete your project.

Depending upon the project, this may include:

• logos and existing brand assets;
• photographs and videos;
• product information;
• prices;
• written copy;
• business information;
• policies;
• Shopify access;
• domain access;
• social media information; and
• other relevant content.

You are responsible for ensuring that information and materials supplied to AURIA:

• are accurate;
• may lawfully be used for the project;
• do not infringe another person's intellectual property rights;
• do not contain unlawful or defamatory material; and
• comply with applicable laws.

By supplying materials to us, you confirm that you have the necessary rights or permissions for AURIA to use them in connection with your project.

Unless expressly included within our agreed services, you remain responsible for ensuring that your business and website comply with all laws and regulations applicable to your particular business, products and services.

AURIA is not a law firm and does not provide legal, tax, financial or accounting advice.

6. Project Timescales

Any completion date or timescale provided by AURIA is an estimate unless we expressly agree in writing that a particular date is guaranteed.

Project timescales depend upon the Client providing requested materials, information, feedback and approvals within a reasonable period.

If you delay in providing required information, content, access, feedback or approvals, the project timetable may be extended accordingly.

Significant Client delays may result in the project being rescheduled around other work already booked with AURIA.

We will not be responsible for delays caused by circumstances genuinely outside our reasonable control.

7. Revisions and Changes

The number of revisions included will be determined by the service or package purchased or otherwise agreed in writing.

A revision means a reasonable amendment to work already produced that remains within the agreed project scope and creative direction.

A request that materially changes the original brief, introduces new functionality, adds pages or deliverables, changes an approved design direction or requires substantial redevelopment may be treated as additional work rather than a revision.

If we consider a request to fall outside the agreed scope, we will inform you and may provide a separate quotation before carrying out the additional work.

8. Shopify Website Services

Websites created by AURIA using Shopify operate on Shopify's third-party platform and are also subject to Shopify's own terms, policies, subscription requirements, technical capabilities and limitations.

AURIA is an independent design studio and does not control Shopify's infrastructure, platform availability, pricing, policies or future functionality.

Certain requested functionality may require third-party applications, themes, integrations or subscriptions.

We cannot guarantee that Shopify, a third-party theme, application, integration or other service will remain unchanged, available or compatible indefinitely.

Unless ongoing support is included or separately purchased, work required after completion because of subsequent Shopify changes, theme updates, third-party application changes, Client modifications or other later developments is not included within the original project.

Where a premium theme or other licensed asset is required, the relevant licence must be obtained for the Client's store in accordance with the applicable provider's licensing terms.

9. AURIA Care+

AURIA Care+ is an ongoing website support and maintenance service offered under the plans and prices displayed on our Website or otherwise agreed with the Client.

Each Care+ plan includes a specified allowance of support time per month.

Included time may be used for eligible website updates, amendments, assistance and other work falling within the scope of the Client's Care+ plan.

Unused monthly hours do not roll over into subsequent months unless expressly agreed otherwise in writing.

Work exceeding the Client's included monthly allowance may be charged separately at AURIA's then-current additional hourly rate, subject to Client approval.

Unless specifically agreed, AURIA Care+ does not include:

• complete website redesigns;
• new website builds;
• substantial custom development;
• extensive new page creation;
• major migrations;
• third-party charges or subscriptions; or
• work materially outside routine website support and maintenance.

Where a Care+ plan includes priority support, this means that the request will be prioritised relative to ordinary non-urgent support requests. It does not guarantee a particular resolution time unless expressly agreed.

Where a website experiences a serious malfunction, we will use reasonable efforts to assess the issue as soon as reasonably practicable. The time required to resolve an issue will depend upon its nature, complexity and cause, including whether a third-party platform or service is involved.

10. Intellectual Property

Until all amounts due for a project have been paid in full, AURIA retains ownership of original work created by us for that project.

Once full payment has been received, the Client will receive the agreed rights in the final bespoke deliverables created specifically for them, subject to third-party rights and licences.

Third-party materials remain subject to their respective licences. These may include Shopify themes, applications, fonts, photographs, graphics, software and other licensed materials.

Unless otherwise expressly agreed in writing, unused concepts, rejected designs, preliminary work, working files, development methods, reusable templates, code libraries, systems, processes and know-how remain the property of AURIA.

The Client must not resell, redistribute or commercially exploit AURIA's underlying templates, systems, reusable code or other proprietary materials independently of the finished project unless expressly authorised by AURIA.

11. Portfolio and Promotional Use

Unless you ask us in writing not to do so before publication, AURIA may display completed work created for your project within our portfolio, Website, social media accounts and other promotional material.

This may include screenshots, mock-ups, your business or brand name and a description of the work completed.

We will not intentionally disclose confidential Client information as part of our promotional use.

12. Website Credit

Where included or agreed as part of a website project, AURIA may place a discreet credit such as “Designed by AURIA” within the footer of a website created by us.

Any such credit will not interfere with the operation or use of the Client's website.

13. Cancellation and Termination

Either party may request cancellation of a project before completion.

If the Client cancels after work has commenced, AURIA may retain or charge an amount reflecting work reasonably completed up to the cancellation date together with any non-refundable third-party costs incurred specifically for the project, subject always to applicable law.

Any refund entitlement will depend upon the work completed, amounts already paid, agreed project terms and any statutory rights applicable to the Client.

Nothing in these Terms limits any statutory cancellation or cooling-off rights available to a consumer.

AURIA may suspend or terminate work where:

• an invoice remains overdue;
• the Client repeatedly fails to provide information necessary to progress the project;
• the Client requests unlawful, misleading or infringing work;
• the Client behaves abusively or threateningly towards AURIA; or
• continuing the project would be unlawful or reasonably impracticable.

Where appropriate, we will provide reasonable notice before terminating a project.

14. Completion, Testing and Approval

You are responsible for reviewing your website, branding or other deliverables before providing final approval.

For website projects, you should check all Client-specific information including:

• spelling and written content;
• prices;
• product information;
• contact information;
• links;
• delivery information;
• policies;
• images;
• products and variants; and
• other business-specific information.

AURIA will correct faults in our work identified within any post-launch support period expressly included within the relevant package or project agreement.

Requests for new features, design changes, additional pages or Client content amendments following approval may constitute additional work.

15. Results and Commercial Performance

AURIA designs websites and brands with the intention of helping businesses present themselves professionally and effectively.

We do not guarantee any particular level of:

• sales;
• revenue;
• profit;
• website traffic;
• search-engine ranking;
• conversion rate;
• customer enquiries;
• social-media performance; or
• other commercial results.

Business performance depends upon numerous factors outside AURIA's control, including products, pricing, marketing, competition, consumer demand and third-party platforms.

16. Use of Our Website

You may use our Website for lawful purposes only.

You must not:

• attempt to gain unauthorised access to the Website or systems connected to it;
• knowingly introduce viruses, malicious software or other harmful material;
• interfere with or disrupt the Website's operation or security;
• attempt to probe, scan or test the Website for security vulnerabilities without authorisation;
• use automated systems to scrape or systematically extract Website Content without our permission;
• reproduce or commercially exploit Website Content except with our permission or as permitted by law; or
• use our Website in connection with unlawful or fraudulent activity.

17. Website Content

We take reasonable care to keep information displayed on our Website accurate and current.

Website content is provided for general information and may be updated from time to time.

Images, examples, mock-ups and portfolio materials are intended to demonstrate our design services and may not represent the precise features included within every package.

Service descriptions and prices may change from time to time. Changes will not alter a project price already agreed between AURIA and the Client unless the project scope is subsequently changed by agreement.

18. Third-Party Websites and Services

Our Website and work may contain or use links, applications, software or services supplied by third parties.

We are not responsible for the content, security, availability, policies or operation of third-party services outside our reasonable control.

A link to a third-party website does not necessarily mean that AURIA endorses or is affiliated with that third party.

19. Privacy and Data Protection

We process personal information in accordance with applicable UK data protection legislation.

Our Privacy Policy explains how we collect, use and protect personal information and should be read alongside these Terms.

20. Liability

Nothing in these Terms excludes or limits liability where doing so would be unlawful, including liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation.

Nothing in these Terms affects statutory rights that cannot lawfully be excluded or restricted.

AURIA will not be responsible for loss caused by:

• inaccurate or unlawful information or materials supplied by the Client;
• modifications made by the Client or another third party after delivery;
• failures or changes involving third-party platforms, applications, hosting providers or integrations outside our reasonable control; or
• circumstances genuinely outside our reasonable control,

except to the extent that the loss results from AURIA's breach of contract, negligence or other legal responsibility.

Where the Client is acting wholly or mainly for business purposes, to the extent permitted by law, AURIA will not be liable for indirect or consequential loss, loss of profit, loss of revenue, loss of anticipated savings or loss of business opportunity.

Any additional limitation of liability applying to a particular project may be specified within the relevant quotation, proposal or project agreement.

21. Events Outside Our Control

Neither party will be responsible for failure or delay in performing an obligation where that failure or delay results from circumstances genuinely outside that party's reasonable control, provided reasonable steps are taken to minimise the effect of the circumstances.

22. General

22.1 Severability

If any provision of these Terms is found to be unlawful or unenforceable, it will be treated as removed or limited to the minimum extent necessary. The remainder of these Terms will continue to apply.

22.2 Waiver

A failure or delay by either party to exercise a right does not constitute a waiver of that right.

22.3 Assignment and Subcontracting

You may not transfer your rights or obligations under an active project to another person without our written agreement.

AURIA may use employees, freelancers or subcontractors to assist in providing services while remaining responsible for our contractual obligations to you.

22.4 Entire Agreement

These Terms, together with the applicable quotation, proposal, project specification and any other terms expressly agreed between AURIA and the Client, constitute the agreement relating to the relevant services.

Nothing in this clause excludes liability for fraud or fraudulent misrepresentation.

22.5 Third-Party Rights

Unless expressly stated otherwise, a person who is not a party to an agreement between AURIA and the Client has no right to enforce its terms.

23. Governing Law and Jurisdiction

These Terms and any dispute or claim arising from them are governed by the laws of England and Wales.

Where the Client is acting wholly or mainly for business purposes, the courts of England and Wales will have exclusive jurisdiction unless otherwise agreed in writing.

Where the Client is acting as a consumer, this clause does not deprive the Client of any mandatory rights relating to jurisdiction that apply under law.

24. Contact Details