Artificial Headshots
03/11/2023
Over the last few weeks, I have used a headshot I have had generated by AI as my LinkedIn avatar. I have received several comments, the most pertinent being, ‘Is that you Mike?’. Clearly not.
These are the terms and conditions of business of MPSWORKS Ltd (Reg. No. 09012800) trading as HUB (“the Company”).
By clicking through these terms, or signing / agreeing / paying the Order (“Fee Estimate”) / Invoice to which they are attached, you are entering into an agreement (“the Contract”) with HUB to provide Services to you.
That agreement between us is comprised of these Terms and Conditions, the Fee Estimate and / or the Invoice to which they are attached or by which they are referenced, the AUP, DPA, and Privacy Policy which are referenced herein, and any other terms, exhibits, schedules, or addenda which are referenced by any of the preceding (collectively the “Agreement” or “Contract”).
The Agreement sets forth the exclusive terms and conditions between the Parties and supersedes all previous proposals, agreements, negotiations, and other written or oral communications between the Parties with respect to the Services provided hereunder.
1. The Company, comprised of the aforesaid companies, is a full-service digital agency offering web design and development, brand experience design, enterprise infrastructure services, application development, content, technology, marketing and support services and shall sell these Services in accordance with Fees Estimates submitted to the Client subject to these Terms and Conditions (“the Contract”).
If the Company provides hosting and technical support services these will be subject to the Company’s Acceptable Use Policy, Privacy Policy and Data Privacy Addendum, and may be subject to separate Hosting and Support Contracts where applicable.
For further information, please visit our Info Centre.
2. No changes to the Contract shall be binding unless agreed by the Company in writing.
3. Only a Director of the Company is authorised to bind the Company in any way.
4. A Fee Estimate that has been accepted by the Client may only be cancelled by the Client in writing, and only on terms that the Client shall indemnify the Company in full against all loss (including loss of profit), costs (including the cost of all labour and materials used), damages, charges and expenses incurred by the Company for work completed to date.
4.1 A Fee Estimate may be issued as a digital document, an email or any form of digital messaging.
4.2 Upon verbal or written acceptance of the Fee Estimate, the Contract between HUB and the client becomes binding and subject to these Terms and Conditions of Business.
4.3 Additional written Contracts of Work may be issued to accompany these General Terms of Business.
5. The Company’s Fee Estimates are based on prevailing hourly rates and do not include travel, deliveries and out-of-pocket expenses, which will be charged as extra at net cost.
6. Any additional work not included in the Company’s Fees Estimates will be separately charged based on the prevailing hourly rates of the personnel required to complete the work. Any studio materials used by the Company will be charged as extra and subject to an administration fee of 20%.
7. Should any suppliers (developers, illustrators, copywriters, printers, copyright lawyers etc.) be engaged by the Company for and on behalf of the Client, the Company will, in addition to the costs incurred in respect of that engagement, charge an administrative fee of 20% as and by way of handling charges, unless the Client makes direct billing arrangements in advance with these suppliers.
8. All prices are exclusive of any applicable value added tax which the Client shall be additionally liable to pay, together with all taxes, duties and other government charges payable in respect of the Services.
9. Fees will be invoiced and payable in accordance with the Schedule set out in the Fee Estimate or, in the absence of a specified Schedule, 50% of the Estimated Fees will be invoiced in advance for immediate payment on receipt. All deposit invoices for Estimated Fees are non-refundable. Thereafter the Company will issue invoices monthly, or at the end of each stage of the Services, which are payable strictly within 30 days of the date of invoice. All recurring ‘retained’ or support services are payable 30 days in advance and are subject to a minimum cancellation or notice period of 30 days.
Managed hosting fees and cancellation are subject to the following provisions:
9.1 all shared hosting agreements whereby the Client has a website/s or application/s hosted on a shared web server will be subject to a minimum of 30 days cancellation, served in writing to accounts@hubldn.com.
9.2 all dedicated hosting agreements whereby the Client has a website/s or application/s hosted on a web server dedicated wholely to their usage, will be subject to a minimum of 90 days cancellation, served in writing to accounts@hubldn.com.
9.3 all shared and dedicated hosting agreements are provided in partnership with Amazon Web Services, Microsoft Azure, Google Cloud and WP Engine.
9.4 ‘unmetered’ bandwidth means that bandwidth on a shared or dedicated virtual hosting account is not measured. This does not preclude the use of spot checks on bandwidth usage at any time within the hosting agreement. Unmetered bandwidth is governed by our fair use policy as defined in point 9.5.
9.5. ‘fair usage’ governs our fair use policy. Fair usage implies that any single virtual host operating on HUB hosting infrastructure, unmetered or metered, will not use considerable amounts of ingress or egress bandwidth to such an extent that it limits or detracts from other users on the infrastructure in terms of transfer speeds, download volumes or other related metrics. Considerable amounts of bandwidth is defined as above and beyond 50Gb of transfer in any one calendar month.
Read more in our Acceptable Use Policy here
10. If the Client fails to make payment by the due date, or a formal payment dispute is lodged, then the Company shall be entitled to:
10.1 cancel the Contract or suspend any further services to the Client, including managed hosting and support;
10.2 appropriate any payment made by the Client to such of the services as the Company may think fit;
10.3 charge the Client interest (both before and after judgment) on the amount unpaid at the rate of five percent per annum above the Base Lending rate from time to time until payment in full is made (a part of the month being treated as a full month for the purpose of calculating interest.
11. The Company shall not be liable to the Client or be in breach of the Contract by reason of any delay, or failure in performing any of the Company’s obligations in relation to the services, if this was due to any cause beyond the Company’s reasonable control.
11.1 To the fullest extent permitted by law, the Company and its directors, employees, agents, and affiliates shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits, revenue, data, or use, arising out of or related to the services provided under this Agreement, regardless of whether such damages were foreseeable or whether the Company was advised of the possibility of such damages.
11.2 The Company’s total cumulative liability under this Agreement, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall not exceed the total amount paid by the Client for the services provided under this Agreement during the six (6) months preceding the date the claim arose.
11.3 Nothing in this Agreement shall exclude or limit the Company’s liability for:
11.4 The Client acknowledges that the Company is not responsible for any damages, losses, or claims resulting from:
11.5 The Company shall not be held liable for any issues arising from third-party services, software, or platforms used in connection with the services provided under this Agreement.
12. The Company shall not be liable to the Client or be in breach of the Contract by reason of search engine ranking performance of related domains, specifically decline or otherwise, or failure in performing any of the Company’s obligations in relation to the services, if this was due to any cause beyond the Company’s reasonable control.
What does this mean?
This means the company isn’t responsible if the client’s search engine rankings drop or don’t improve unless it is otherwise scoped that the company will endeavour to improve them as a result of a search engine optimisation process or ongoing search campaign. This includes unexpected issues like algorithm changes or other external events that affect results.
13. The ownership of and sole rights in the Copyright of Designs and developmental source code shall be vested in the Company; these will pass over to the Client once an agreement has been entered into between the Company and the Client, and only after all invoices issued for agreed services have been paid in full.
Copyright for other original art (e.g. illustration, photography, video, typography) will remain that of the originating artist (MPSWORKS Ltd trading as HUB unless otherwise specified) unless buyout arrangements are made with the artist at the time of commission.
What does this mean?
The Company assumes the Client retains all relative third party rights and licenses in respect to the usage of content (image, video, audio, illustration, text), design asset (font, code library) or platform (CMS, CRM, ERP) when requesting use in or development for published materials, websites or applications, and will inform the Company where attribution is required. It is not the responsibility of the Company to provide such rights or licensing unless otherwise requested by the Client (such as the purchasing of stock photography), and the Company can not be held liable in event of non-disclosure of right or license.
14. The Company reserves the right to use any/all design work for its own promotional purposes.
15. The Contract shall be governed by the laws of England and the Client agrees to submit to the non-exclusive jurisdiction of the English Courts.
16. All web and application development carries with it a 12-month fault-fixing warranty where all faults deemed as such will be fixed at no charge to the Client following launch, completion, pause or cessation. After the 12 month period, or following changes to the application by the Client or a 3rd party, the warranty will be deemed invalid. In the case where browser, framework or operating system cause a fault or change to the development, the fault will not be considered a bug, and will be registered as a new change request carrying the appropriate support fee.
17. The Company reserves the right to amend or update these Terms and Conditions at any time to reflect changes in our services, business practices, or applicable laws. Any updates will be effective immediately upon posting on our website or notification to the Client via email or other agreed communication methods. It is the Client’s responsibility to review the Terms periodically to stay informed about any changes. Continued use of our services following any updates constitutes acceptance of the revised Terms and Conditions.
124 City Road
London
EC1V 2NX
hello@hub.london
Over the last few weeks, I have used a headshot I have had generated by AI as my LinkedIn avatar. I have received several comments, the most pertinent being, ‘Is that you Mike?’. Clearly not.