The following terms & conditions apply to all web, app & graphic design/development services provided by Digital Design Online to the Client.
1. Acceptance
It is not necessary for any Client to have signed an acceptance of these terms and conditions for them to apply. If a Client accepts a quote then the Client will be deemed to have satisfied themselves as to the terms applying and have accepted these terms and conditions in full. Please read these terms and conditions carefully. Any purchase or use of our services implies that you have read and accepted our terms and conditions.
2. Charges
Charges for services to be provided by Digital Design Online are defined in the final project quotation confirmation that the Client receives via e-mail. Quotations are valid for a period of 30 days. Digital Design Online reserves the right to alter or decline to provide a quotation after expiry of the 30 days.
Unless agreed otherwise with the Client, all web, app & graphic design services require an advance payment of 50% of the project quotation total before the work is supplied to the Client for review. The remaining charge of 50% of the project quotation total is due upon completion of the work, prior to upload to the server or release of materials.
Payment for services is due by cash or bank transfer. Bank details will be made available on invoices, cash can be paid directly in hand to a member of the team as per requested.
3. Client Review
Digital Design Online will provide the Client with an opportunity to review the appearance and content of the project during the design phase and once the overall project is complete. At the completion of the project, such materials will be deemed to be accepted and approved unless the Client notifies Digital Design Online otherwise within 14 days of the date the materials are made available to the Client.
4. Turnaround Time and Content Control
Digital Design Online will install and publicly post or supply the Client’s website by the date specified as agreed with the Client upon Digital Design Online receiving final payment, unless a delay is specifically requested by the Client and agreed by Digital Design Online. In return, the Client agrees to delegate a single individual as a primary contact to aidDigital Design Online with progressing the commission in a satisfactory and expedient manner. During the project,Digital Design Online will require the Client to provide website content; text, images, movies and sound files as needed.
5. Failure to provide required website content:
To remain efficient we must ensure that work we have programmed is carried out at the scheduled time. On occasions we may have to reject offers for other work and enquiries to ensure that your work is completed at the time arranged. This is why we ask that you provide all the required information in advance. On any occasion where progress cannot be made with your website because we have not been given the required information in the agreed time frame, and we are delayed as result, we reserve the right to impose a surcharge of up to 25%. If your project involves Search Engine Optimisation we need the text content for your site in advance so that the SEO can be planned and completed efficiently. If you agree to provide us with the required information and subsequently fail to do so within one week of project commencement we reserve the right to close the project and the balance remaining becomes payable immediately. Simply put, all the above condition says is do not give us the go ahead to start until you are ready to do so.
NOTE: Text content should be delivered as a Microsoft Word, email (or similar) document with the pages in the supplied document representing the content of the relevant pages on your website. These pages should have the same titles as the agreed website pages. Contact us if you need clarification on this. Using the content management system you are able to keep your content up to date your self, unless you have commissioned Digital Design Online to manage your website for you.
6. Payment
Invoices will be provided by Digital Design Online upon completion before publishing/sending your project. Invoices are normally sent via email. Invoices are due upon receipt. Accounts that remain unpaid 30 days after the date of the issued invoice or works carried out will be assessed, and will normally result in a £30 per month charge added to the final cost.
7. Additional Expenses
Client agrees to reimburse Digital Design Online for any additional expenses necessary for the completion of the work. Examples would be purchase of special fonts, stock photography etc. Digital Design Online will however never make any purchases for specific projects without agreeing with the client beforehand.
8. Web Browsers
Digital Design Online makes every effort to ensure websites are designed to be viewed by the majority of visitors. Websites are designed to work with the most popular current browsers (e.g. Firefox, Internet Explorer, Google Chrome, etc.). Client agrees thatDigital Design Online cannot guarantee correct functionality with all browser software across different operating systems. Digital Design Online cannot accept responsibility for web pages which do not display acceptably in new versions of browsers released after the website has been designed and handed over to the Client. As such, Digital Design Online reserves the right to quote for any work involved in changing the website design or website code for it to work with updated browser software.
9. Default
Accounts unpaid 30 days after the date of invoice will be considered in default. If the Client in default maintains any information or files on Digital Design Online Web space, Digital Design Online will, at its discretion, remove all such material from its web space. Digital Design Online is not responsible for any loss of data incurred due to the removal of the service. Removal of such material does not relieve the Client of the obligation to pay any outstanding charges assessed to the Client’s account. Cheques returned for insufficient funds will be assessed a return charge of £25 and the Client’s account will immediately be considered to be in default until full payment is received. Clients with accounts in default agree to pay Digital Design Online reasonable expenses, including legal fees and costs for collection by third-party agencies, incurred by Digital Design Online in enforcing these Terms and Conditions.
10. Termination
Termination of services by the Client must be requested in a written notice. The Client will be invoiced for design work completed to the date of first notice of cancellation for payment in full within 30 days.
11. Indemnity
All Digital Design Online services may be used for lawful purposes only. You agree to indemnify and hold Digital Design Online harmless from any claims resulting from your use of our service that damages you or any other party.
12. Copyright
The Client retains the copyright to data, files and graphic logos provided by the Client, and grants Digital Design Online the rights to publish and use such material. The Client must obtain permission and rights to use any information or files that are copyrighted by a third party. The Client is further responsible for granting Digital Design Online permission and rights for use of the same and agrees to indemnify and hold harmless Digital Design Online from any and all claims resulting from the Client’s negligence or inability to obtain proper copyright permissions. A contract for website design and/or placement shall be regarded as a guarantee by the Client to Digital Design Online that all such permissions and authorities have been obtained. Evidence of permissions and authorities may be requeste
13. Standard Media Delivery
Unless otherwise specified in the project agreement, this Agreement assumes that any text will be provided by the Client in electronic format (ASCII text files delivered via e-mail or FTP) and that all photographs and other graphics will be provided in high quality print suitable for scanning or electronically in .gif, .jpeg, .png or .tiff format. Although every reasonable attempt shall be made by Digital Design Online to return to the Client any images or printed material provided for use in creation of the Client’s website, such return cannot be guaranteed.
14. Design Credit
A link to Digital Design Online will appear in either small type or by a small graphic at the bottom of the Client’s website. If a graphic is used, it will be designed to fit in with the overall site design. However the client can request that the design credit be removed. The Client also agrees that the website developed for the Client may be presented inDigital Design Online’s portfolio.
15. Access Requirements
If the Client’s website is to be installed on a third-party server, Digital Design Online must be granted temporary read/write access to the Client’s storage directories which must be accessible via FTP. Depending on the specific nature of the project, other resources might also need to be configured on the server.
16. Post-Placement Alterations
Digital Design Online cannot accept responsibility for any alterations caused by a third party occurring to the Client’s pages once installed. Such alterations include, but are not limited to additions, modifications or deletions.
17. Domain Names & Hosting
Digital Design Online may purchase domain names & hosting on behalf of the Client. Payment and renewal of those domain names & hosting is the responsibility of the Client. The loss, cancellation or otherwise of the domain or hosting brought about by non or late payment is not the responsibility of Digital Design Online. The Client should keep a record of the due dates for payment to ensure that payment is received in good time.
18. General
These Terms and Conditions supersede all previous representations, understandings or agreements. The Client’s signature below or payment of an advance fee constitutes agreement to and acceptance of these Terms and Conditions. Payment online is an acceptance of our terms and conditions.
19. Social Media Management
Social Media Marketing and Management is defined as helping a client to promote their products or services through social media channels. Digital Design Online will honour the components of your chosen social media package, providing an agreement to a minimum 3 months contract is served and monthly payments are received in advance. In the event that payment is not received on time, we regret that further work will be halted until this is rectified.
20. Governing Law
This Agreement shall be governed by English Law.
21. Liability
Digital Design Online hereby excludes itself, its Employees and or Agents from all and any liability from:
– Loss or damage caused by any inaccuracy;
– Loss or damage caused by omission;
– Loss or damage caused by delay or error, whether the result of negligence or other cause in the production of the web site;
– Loss or damage to clients’ artwork/photos, supplied for the site. Immaterial whether the loss or damage results from negligence or otherwise.
The entire liability of Digital Design Online to the Client in respect of any claim whatsoever or breach of this Agreement, whether or not arising out of negligence, shall be limited to the charges paid for the Services under this Agreement in respect of which the breach has arisen.
22. Severability
In the event any one or more of the provisions of this Agreement shall be held to be invalid, illegal or unenforceable, the remaining provisions of this Agreement shall be unimpaired and the Agreement shall not be void for this reason alone. Such invalid, illegal or unenforceable provision shall be replaced by a mutually acceptable valid, legal and enforceable provision, which comes closest to the intention of the parties underlying the invalid,
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