Terms of Service
The following terms and conditions apply to all website development / design services provided by DTdigital
Last updated: 18/11/20
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 / paid a deposit as set out on their invoice 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.
Charges for services to be provided by DTdigital are defined in the project quotation that the Client receives via e-mail and/or in writing. Quotations are valid for a period of 30 days. DTdigital reserves the right to alter a quotation after expiry of the 30 days.
Unless agreed otherwise with the Client, all website design services require an advance payment of 50% of the project quotation total before the work is supplied to the Client for review with the remaining 50% of the project quotation total due within 14 days of completion of the work, prior to the release of materials.
Payment for services is due by cash or bank transfer. Bank details will be made available on invoices.
3. Client Review
DTdigital will provide the Client with an opportunity to review the appearance and content of the website during the design phase and once the overall website development is completed. Upon receipt of the first draft and at the completion of the project, such materials will be deemed to be accepted and approved unless the Client notifies DTdigital otherwise within 14 days of the date the materials are made available to the Client.
4. Turnaround Time and Content Control
DTdigital will install and publicly post or supply the Client’s website by the date specified in the project proposal, or at date agreed with Client upon DTdigital receiving initial payment, unless a delay is specifically requested or caused by the Client and acknowledged by DT digital.
In return, the Client agrees to delegate a single individual as a primary contact to aid DTdigital with progressing the commission in a satisfactory and expedient manner.
During the project, DTdigital may require the Client to provide website content; text, images, movies and sound files etc. to populate the website.
5. Providing required website content:
To remain efficient, DTdigital 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.
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 a result, we reserve the right to extend the delivery date of the project. Where no contact can be made with a client for more than 30 days, DTdigital reserves the right to terminate the project.
DTdigital agrees to make periodic updates to any sites commissioned and hosted by DTdigital. This is subject to a fair usage clause and does not include uploading of additional content. DTdigital reserves the right to refuse to update websites if such requests exceed 8 hours of development time per site per annum.
NOTE: Text content should be delivered as, Microsoft Word, pdf file, email body content (or similar) document. Images should be supplied in .JPG or .PNG formats. DTdigital will contact you if any issues are encountered with supplied content.
Invoices will be provided by DTdigital at the beginning of the project and upon completion but before publishing the live website. Invoices are normally sent via email; however, the Client may choose to receive hard copy invoices. Invoices are due upon receipt. DTdigital reserves the right to terminate any projects or works completed associated with invoices that remain unpaid thirty (30) days after the date of the invoice.
7. Additional Work / Expenses
Client agrees to reimburse DTdigital for any additional expenses necessary for the completion of any additional works requested by the client that is not expressly agreed in the quotation provided. If any additional works are required by the client throughout the project, these will be quoted for and charged as a separate invoice.
8. Web Browsers
DTdigital 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, Microsoft Edge, Google Chrome, Safari etc.). The client agrees that DTdigital cannot guarantee correct functionality with all browser software across different operating systems. DTdigital cannot accept responsibility for web pages which do not display correctly in obsolete versions or new versions of browsers released after the website has been completed. As such, DTdigital can however quote for any work involved in changing the website design or website code for it to work with updated browser software.
Projects unpaid thirty (30) days after the date of invoice will be considered in default. If there are works to be handed over to the client or if the Client maintains any information or files with DTdigital, DTdigital will, at its discretion, remove all such material from its web space, resulting in the website not being launched / works not being implemented. DTdigital is not responsible for any loss of data incurred due to the removal of the service. Deposits previously paid toward works carried out before hand over are non-refundable and are used toward the expenses of works carried out.
Termination of services by the Client must be requested in a written notice or email and will be effective on receipt of such notice. Telephone requests for termination of services will not be honoured until and unless confirmed in writing or email. The Client will be invoiced for design work completed and services paid for to the date of first notice of cancellation for payment in full within thirty (30) days.
All DTdigital services may be used for lawful purposes only. You agree to indemnify and hold DTdigital harmless from any claims resulting from your use of our service that damages you or any other party.
The Client retains the copyright to data, files and graphic logos provided by the Client, and grants DTdigital the rights to publish and use such material. The client agrees that all files supplied are their own property and are free to use. Where the client wishes for DTdigital to use work not owned by the client, they are responsible for obtaining permission and rights to use any information or files that are copyrighted by a third party. The Client is further responsible for granting DTdigital permission and rights for use of the same and agrees to indemnify and hold harmless DTdigital from any and all claims resulting from the Client’s inability to obtain proper copyright permissions. An agreement for website design shall be regarded as a guarantee by the Client to DTdigital that all such permissions and authorities have been obtained. Evidence of permissions and authorities may be requested.
13. Standard Media Delivery
Unless otherwise specified in the project quotation, this agreement assumes that any text will be provided by the Client in electronic format (text files delivered via email) and that all photographs and other graphics will be provided in .gif, .jpeg, .png or .tiff format. Any graphics or text files created by DTdigital on behalf of the client will be supplied in the same formats unless otherwise stated in their proposal / quotation.
14. Design Credit
A link to DTdigital 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. If the client requests the removal of this credit, a fee of £50 will be invoiced to the client for the removal. The Client also agrees that any works developed for the Client may be presented on the DTdigital website, portfolio and social media pages.
15. Post-Placement Alterations
DTdigital 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
DTdigital can purchase domain names on behalf of the Client however, renewal of those domain names is the responsibility of the client. The loss, cancellation or otherwise of the domain brought about by non or late payment by the client is not the responsibility of DTdigital. The Client should keep a record of the due dates for payment to ensure that payment is received in good time. Domain expiry dates and information, including access to the domain seller will be provided to the client on project completion.
These Terms and Conditions supersede all previous representations, understandings or agreements. The Client’s acceptance via email, text or payment of an advance fee constitutes agreement to and acceptance of these Terms and Conditions. Payment is an acceptance of our terms and conditions.
19. Governing Law
This Agreement shall be governed by English Law.
DTdigital 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 DTdigital 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.
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 clause.