Terms

Who these terms are between

Duncan Bottrill is a trading name of Squarecherries Ltd, a company registered in England and Wales (company number 09595807). In these terms, “I”, “me” and “my” mean Squarecherries Ltd. “You” means the person or business that buys the service.

The service is for businesses and for individuals. If you buy it for yourself rather than for a business, you are a consumer, and you also have the rights set out under “If you are a consumer” below. Nothing in these terms takes those rights away.

These terms apply to the Starter Week and the membership. If we sign a separate written agreement, that agreement wins where the two differ.

The service

The membership gives you product design and build work from me, on a monthly subscription. I work on one project at a time, in the order you set. We agree what each project covers before I start it.

The Starter Week is a fixed-price week spent on one problem you choose.

Some work is included only on request: print, packaging and long-form documents; video and 3D; copywriting beyond product and UI copy; paid ads management; social media asset design; and branding and logo design. I’ll tell you before we start if a request falls into one of these.

Prices and payment

Prices are on the site in pounds sterling, US dollars, euros and Australian dollars. You pay in the currency you choose. For UK customers, prices are before VAT, and UK VAT is added at the standard rate. Customers outside the UK pay no UK VAT.

The membership is a subscription, paid monthly in advance. Each month’s work starts once that month’s payment has been made. The Starter Week is paid in full before it starts.

If a payment fails or is late, work pauses until it is paid. For business customers, I may also charge statutory interest under the Late Payment of Commercial Debts (Interest) Act 1998.

If you go on to the membership after a Starter Week, the Starter Week fee comes off your first month.

Pausing and cancelling

You can pause with 7 days’ notice. The pause starts at the end of your current billing month. Nothing is billed while you are paused. When you are ready for the next stage, we restart on a new month. Unused days in a month do not carry over.

You can cancel at any time, with no notice. Cancelling stops the next billing month. It does not refund a month that has already started, apart from the guarantee below.

I can end the membership with 30 days’ written notice, or straight away if a payment is more than 30 days overdue or either of us seriously breaks these terms.

Money-back guarantee

If you are not happy within 7 days of your first payment, tell me and I will refund that payment in full.

If you are a consumer

If you buy the service for yourself rather than for a business, UK consumer law gives you these rights on top of the rest of these terms.

14 days to change your mind. You can cancel within 14 days of buying, without giving a reason. If you ask me to start work within those 14 days and then cancel, you pay for the work done up to the point you cancel, and I refund the rest.

Care and skill. I must do the work with reasonable care and skill. If I don’t, you can ask me to put it right, or, if that isn’t possible, to give you some or all of your money back.

For more on your rights, see Citizens Advice.

Who owns the work

You always own the work I make for you: files, code and accounts, from day one. I assign the copyright and other rights in it to you as it is made.

Some things inside the work are not mine to give, and stay with their owners under their own licences: open-source code, fonts, stock images, icons and third-party services. Where one of these needs a paid licence, I’ll tell you before using it, and the licence is in your name.

I keep my general know-how and any tools or code snippets I made before working with you. You get a free, permanent licence to use any of them that end up in your work.

I can show finished, public work in my portfolio unless you ask me not to, or an NDA says otherwise.

Third-party costs

I pay for the tools I use to do the work, such as my design and build software.

You pay for the things that belong to your product or business: hosting, domains, app store fees, your own software subscriptions, and paid licences for fonts, images or services used in your product. They go in your name, on your accounts.

What I need from you

You give me the access, content, decisions and feedback the work needs. If those arrive late, dates move by the same amount.

You confirm that anything you give me to use (text, images, brand assets, data) is yours to share, or that you have permission.

Confidentiality

We each keep the other’s confidential information private and use it only for the work. This does not cover information that is already public, or that the law requires us to share. I’m happy to sign your NDA, or to send a standard mutual one.

Personal data

If the work means I handle personal data on your behalf, such as your users’ details, I do so only on your instructions, keep it secure and delete it when the work ends. We can sign a data processing agreement if you need one.

Liability

I take care over the work, but I cannot promise outcomes such as sales, rankings, approvals or launch dates.

If you are a business, my total liability to you under these terms is limited to the fees you paid in the three months before the issue arose, and neither of us is liable for indirect loss, or for lost profit, revenue or data.

If you are a consumer, I am responsible for loss you suffer that was a foreseeable result of my breaking these terms or not using reasonable care and skill. I am not responsible for loss that was not foreseeable, or for business losses.

Nothing here limits liability for death or personal injury caused by negligence, for fraud, or for anything else the law does not allow to be limited.

Changes to these terms

I may update these terms. The date at the top shows the latest version. Changes apply from your next billing month, and I’ll email you before they do.

Law

These terms are governed by the law of England and Wales, and its courts have jurisdiction over any dispute. If you are a consumer living in Scotland or Northern Ireland, you can also bring a claim in your local courts.

Contact

Email hello@duncanbottrill.com.