Disclaimer

By placing an order with Brand Possum, you confirm that you are in agreement with and bound by the terms and conditions below.


Definitions:

The Client : The company or individual requesting the services of Brand Possum.
Brand Possum: Primary designer/site owner & employees or affiliates.

General
Brand Possum will carry out work only where an agreement is provided either by email, telephone or mail. Brand Possum will carry out work only for clients who are 18 years of age or above. An ‘order’ is deemed to be a written or verbal contract between Brand Possum and the client, this includes telephone and email agreements.

Website Design
Whilst every endeavour will be made to ensure that the website and any scripts or programs are free of errors, Brand Possum cannot accept responsibility for any losses incurred due to malfunction, the website or any part of it.

The website, graphics and any programming code remain the property of Brand Possum until all outstanding accounts are paid in full.

Any scripts, cgi applications, php scripts, or software (unless specifically agreed) written by Brand Possum remain the copyright of Brand Possum and may only be commercially reproduced or resold with the permission of Brand Possum.

Brand Possum cannot take responsibility for any copyright infringements caused by materials submitted by the client or used by the client in the future on their website. We reserve the right to refuse any material of a copyrighted nature unless adequate proof is given of permission to use such material.

Any coding additions to website briefs provided will be carried out at the discretion of Brand Possum and may carry an additional cost. Where no charge is made by Brand Possum for such additions, Brand Possum accept no responsibility to ensure such additions are error free and reserve the right to charge an according amount for any correction to these or further additions.

The client agrees to make available as soon as is reasonably possible to Brand Possum all materials required to complete the site to the agreed standard and within the set deadline.

Brand Possum will not be liable for costs incurred, compensation or loss of earnings due to the failure to meet agreed deadlines.

Brand Possum will not be liable or become involved in any disputes between the site owner and their clients and cannot be held responsible for any wrongdoing on the part of a site owner. E.g. Any disputes re content/images that have been provided to us for inclusion on the site.

Brand Possum will not be liable for any costs incurred, compensation or loss of earnings due to the work carried out on behalf of the client or any of the clients appointed agents.

Brand Possum will not be liable for any costs incurred, compensation or loss of earnings due to the unavailability of the site, its servers, software or any material provided by its agents.

In no event shall Brand Possum be liable for any direct, indirect, consequential, special and exemplary damages, or any damages whatsoever, stemming from the use or performance of a client website or from any information, products and services provided through client sites, even if this website has been advised of the possibility of such damages.

  • In the absence of any negligence or other breach of duty by us, your use of our client websites is entirely at your own risk.
  • If we are in breach of the arrangements under this agreement, we will not be responsible for any losses that you suffer as a result.
  • We do not have any liability of any sort (including liability for negligence) for the acts or omissions of providers of telecommunication services or for faults in or failures of their networks and equipment.

A non-refundable deposit of 50% is usually required with all of our projects before any design work will be carried out, unless agreed otherwise with Brand Possum.

Once a website has been designed and completed the final balance of payment is then due in accordance with our payment terms.

There are no exceptions to this, i.e. If the client decides they no longer want the site, as they have commissioned the work and paid a deposit they are still obliged to pay for the work that has been done. Non-payment will result in legal action being taken if necessary. Once full payment is received for a website, it is assumed that the project has been completed to the clients satisfaction and no refunds can be offered. Brand Possum do offer free updates for a month after completion to allow for any final amendments that may be required.

Database, Coding, Applications and E-Commerce Development
Brand Possum cannot take responsibility for any losses incurred by the use of any software created for the client. Whilst every care has been taken to ensure products are problem free and accurate, the ultimate responsibility lies with the client in ensuring that all software is functioning correctly before use.

Any scripts, applications or software (unless specifically agreed) written by Brand Possum remain the copyright of Brand Possum and may only be commercially reproduced or resold with the permission of Brand Possum.

Where applications or sites are developed on servers not recommended by Brand Possum, the client is expected to provide or seek any information, additional software, support or co-operation pertaining to the server required in order for the application to be correctly developed. Where large applications are to be developed, it is the clients responsibility to provide a suitable testing environment which is identical to the final production environment.

The client is expected to test fully any application or programming relating to a site developed by Brand Possum before being made generally available for use. Where “bugs”, errors or other issues are found after the site is live, Brand Possum will endeavour (but is not obliged to) to correct these issues to meet the standards of function outlined in the brief.

All right, title and interest of every kind and nature, whether now known or unknown, in and to any Intellectual Property created, written, developed, furnished or produced by us during the term of the agreement / project, whether alone or jointly with others and whether or not during work hours, that are within the scope of the agreement or any applicable Statement of Work shall be the exclusive property of the client.

Compatibility
Brand Possum will endeavour to ensure that any developed/designed site or application will function correctly on the server it is initially installed in and that it will function correctly when viewed with the web browsing software Microsoft Internet Explorer and to an acceptable level with Mozilla browsers, such as Firefox. Brand Possum can offer no guarantees of correct function with all browser software as they constantly change.

Website Hosting
Whilst Brand Possum recommends hosting companies to host websites, no guarantees can be made as to the availability or interruption of this service by Brand Possum cannot accept liability for losses caused by the unavailability, malfunction or interruption of this service, or for loss of turnover, sales, revenue, profits or indirect, consequential or special loss.

Brand Possum reserve the right to refuse to handle in any way, material which may be deemed offensive, illegal or in any way controversial, and also to terminate any web hosting service we provide for clients should the necessity arise. Web hosting payments are non-refundable.

Website Optimisation
Due to external factors, such as changes to the way search engines rank websites, we cannot offer any guarantees regarding the position we will achieve for websites.

Brand Possum reserve the right to refuse to handle in any way, material which may be deemed offensive, illegal or in any way controversial.

Payment of Accounts
A deposit is required from any new client before any work is carried out. It is the Brand Possum policy that any outstanding accounts for work carried out by Brand Possum or its affiliates are required to be paid in full, no later than 21 working days from the date of the invoice unless by prior arrangement with Brand Possum.

Once a deposit is paid and work completed you are obliged to pay the balance of payment in full. We will contact clients via email and telephone to remind them of such payments if they are not received when due.

If accounts are not settled or Brand Possum have not been contacted regarding the delay, access to the related website may be denied and web pages removed, we will then pass such cases to the Small Claims Court to pursue payment, non-payment can result in county court judgments (ccj’s) being added to the clients credit rating.

Following consistent non-payment of an invoice our Solicitors will contact the client in question, with a view to taking the matter further and if need be to seek payment through legal procedures, and if necessary court summons.

Informal complaints procedure

Anyone who experiences a problem with their web service provided by Brand Possum should raise the matter directly via email to: info@brandpossum.co.uk giving sufficient information to locate the material (such as an url) and clearly outlining the grounds for complaint.

Brand Possum will approach the individual responsible for the material in question with a view to resolving the matter to the satisfaction of the complainant.

Formal complaints procedure:

The formal complaints procedure should only be used where the complainant feels that the nature of the complaint is too serious to be dealt with informally, or where a satisfactory conclusion has not been reached after following the informal procedure. A formal complaint should be made in writing to Brand Possum, who will acknowledge receipt and ensure that the matter is looked into as soon as possible.

An initial response to any complaint can be expected within seven days of its receipt; a full and considered response to the complaint should be completed within 30 days and any subsequent remedy implemented with the minimum of delay.

What information do I collect?

I collect information from you when you request a quote, email me, place an order, subscribe to my newsletter or fill out a form. When ordering or completing a form on this site, as appropriate, you may be asked to enter your: name, e-mail address or phone number.

What do I use your information for?

Any of the information collected from you may be used in one of the following ways: To send periodic emails

The email address you provide may be used to send you information, respond to inquiries, and/or other requests or questions.

Do I disclose any information to outside parties?

I do not sell, trade, or otherwise transfer to outside parties your personally identifiable information. This does not include trusted third parties who assist us in operating our website, conducting our business, or servicing you, so long as those parties agree to keep this information confidential. I may also release your information when we believe release is appropriate to comply with the law, enforce our site policies, or protect ours or others rights, property, or safety. However, non-personally identifiable visitor information may be provided to other parties for marketing, advertising, or other uses.

Online Privacy Policy Only

This online privacy policy applies only to information collected through their website and not to information collected offline.

Your Consent

By using our site, you consent to our web site privacy policy. Changes to this Privacy Policy If I decide to change this privacy policy, I will post those changes on this page.

Contacting Me

If there are any questions regarding this privacy policy you may contact me using the email address below.
info@brandpossum.co.uk

For your convenience I have written a GDPR policy in “plain English” to be clear about how Brand Possum manages personal identifiable information received about you.

  • What information is being collected?
    The most data Brand Possum will collect from you includes your name, company name, email address, telephone number, postal address, website address & IP address.
  • Who is collecting it?
    Brand Possum (Sarah Ebbage – DPO & Freelance Graphic Designer, Sole Trader).
  • How is it collected?
    Via a Contact Form 7 plugin on my WordPress website: https://www.brandpossum.co.uk which is sent direct to my email address info@brandpossum.co.uk and not stored on a database. I may also collect data over the telephone, email or in person when discussing projects you would consider Brand Possum to undertake.
  • Why is it being collected?
    So that I know who you are and am able to respond to you. When advising on how I can provide a service to you, I require to understanding the structure and presentation of your company to see how can market & improve your presence.
  • How will it be used?
    To communicate with you regarding current & relevant projects to your business.  If you become a client of Brand Possum then your data will be stored for 7 years as required by law for HMRC and insurance.
  • Who will it be shared with?
    Nobody.  I do not disclose or sell your personal data to any other companies or individuals.

This website (www.brandpossum.co.uk) uses Google Analytics as a tool to keep tabs on how many visitors use the site. Paying particular interest in the method in which people are directed to the site.  Here is some information for you about Google Analytics Cookie Usage on Websites.

Overview

Google Analytics is a simple, easy-to-use tool that helps website owners measure how users interact with website content. As a user navigates between web pages, Google Analytics provides website owners JavaScript tags (libraries) to record information about the page a user has seen, for example the URL of the page. The Google Analytics JavaScript libraries use HTTP Cookies to “remember” what a user has done on previous pages / interactions with the website.

Important: Google Analytics does not collect any personal information about your website users. Read the Google Analytics privacy document for more details.

Google Analytics supports two JavaScript libraries (tags) for measuring website usage: analytics.js and ga.js. The following sections describe how each use cookies.

analytics.js – Cookie Usage

The analytics.js JavaScript library is party of Universal Analytics and uses a single first-party cookie containing an anonymous identifier used to distinguish users.

By default, this library sets cookies on the top level domain, excluding the leading dot, and sets the cookie path to the root level (/).  Note: The analytics.js library does not require setting cookies to transmit data to Google Analytics.

This library sets the following cookies:

Cookie Name = _ga

Expiration Time = 2 years

Description = Used to distinguish users.

Customisation

Read the analytics.js Domains & Cookies developer guide to learn all the ways these default settings can be customized.

Read the Security and privacy in Universal Analytics document for more information about Universal Analytics and cookies.

ga.js – Cookie Usage

The ga.js JavaScript library uses first-party cookies to:

  •     Determine which domain to measure
  •     Distinguish unique users
  •     Remember the number and time of previous visits
  •     Remember traffic source information
  •     Determine the start and end of a session
  •     Remember the value of visitor-level custom variables

By default, this library sets cookies on the domain specified in the document.host browser property and sets the cookie path to the root level (/).

This library sets the following cookies:

Cookie Name = __utma

Default Expiration Time = 2 years from set/update

Description = Used to distinguish users and sessions.  The cookie is created when the javascript library executes and no existing _utmb    Used to determine new sessions/visits.

Cookie Name = __utma

Default Expiration Time = 30 mins from set/update

Description = The cookie is updated every time data is sent to Google Analytics.

The cookie is created when the javascript library executes and no existing __utmb cookies exists. The cookie is updated every time data is sent to Google Analytics.

__utmc  End of browser session  Not used in ga.js. Set for interoperability with urchin.js. Historically, this cookie operated in conjunction with the __utmb cookie to determine whether the user was in a new session/visit.

__utmz  6 months from set/update  Stores the traffic source or campaign that explains how the user reached your site. The cookie is created when the javascript library executes and is updated every time data is sent to Google Analytics.

__utmv  2 years from set/update  Used to store visitor-level custom variable data. This cookie is created when a developer uses the _setCustomVar method with a visitor level custom variable. This cookie was also used for the deprecated _setVar method. The cookie is updated every time data is sent to Google Analytics.

Customisation

The following methods can be used to customise how cookies are set:

   _setDomainName – Sets the domain to which all cookies will be set.

   _setCookiePath – Sets the path to which all cookies will be set.

   _setVisitorCookieTimeout – Sets the Google Analytics visitor cookie expiration in milliseconds.

   _setSessionCookieTimeout – Sets the new session cookie timeout in milliseconds.

   _setCampaignCookieTimeout – Sets the campaign tracking cookie expiration time in milliseconds.

Read the Tracking Multiple Domains guide to learn how to configure ga.js to measure user interaction across domains.

urchin.js – Cookie Usage

Historically, Google Analytics provided a JavaScript measurement library named urchin.js. When the newer ga.js library launched, developers were encouraged to migrate to the new library. For sites that haven not completed the migration, urchin.js sets cookies identically to what is set in ga.js. Read the ga.js cookie usage section above for more details.

Google Analytics for Display Advertisers – Cookie Usage

For customers that are using Google Analytics’ Display Advertiser features, such as remarketing, a third-party DoubleClick cookie is used in addition to the other cookies described in this document for just these features. For more information about this cookie, visit the Google Advertising Privacy FAQ.

For current guidelines on Google Analytics visit their website via the following link for any further information.  https://developers.google.com/analytics/devguides/collection/gajs/cookie-usage

Copyright Notice
© Brand Possum, All Rights Reserved.

The content of this website is protected by the copyright laws of England and Wales and by international laws and conventions.  No content from this website may be copied, reproduced or revised without the prior written consent of Brand Possum.  Copies of content may be saved and/or printed for personal use only.


Non-Registered Trade Mark Notice
Brand Possum ™ is a trade mark of Brand Possum, which is a business trading name for Sarah Ebbage.  Registered at 3 Manor Park, Horham, Eye, Suffolk, IP21 5EE.