Dezine-Host – Terms and Conditions
(Please ensure that you read, understand and agree to these conditions before commissioning any work or services.)
These Terms and Conditions are Copyright Dezine-Host*
1. Definitions: ‘Dezine-Host’ is a trading name for Mark Vowles, a sole trader.
2. Contract: The client’s approval for work to commence shall be deemed a contractual agreement between the client and Dezine-Host. Important: You should only make a payment if you accept the terms and conditions outlined in this document. Receipt of any payment will be taken as your acceptance of these terms and conditions.
3. Intellectual Copyright: Dezine-Host holds intellectual copyright of any material, including but not limited to, source code, design concepts and original images & art work created for the client. Upon full payment of the fees, Dezine-Host grants the client a licence for the use of this material in its supplied form for the purposes of public display as a website.
4. Clients Responsibilities with Regard to Copyright: In situations where the client provides images, logos, text, animations, layouts or any other content for their website they are legally responsible for ensuring that this material does not infringe any copyright and that they are legally entitled to display and/or use such content, for example logos of professional bodies with whom they are registered.
Certain images provided by Dezine-Host as part of a website may have been purchased under licence from stock image suppliers. These images are generally only licensed for use on a website. The licence may not permit them to be used in publicity material. The website owner is legally responsible for ensuring that this does not happen. If you wish to use any such images from the site for other purposes please contact Dezine-Host for clarification.
5. Image Sourcing: Where images need to be sourced from 3rd party suppliers on behalf of the client, the costs of licensing images for use on the website will be met by the client and billed in addition to quoted design costs. The client may stipulate a budget for this and/or obtain the necessary licences themselves and provide the images as part of the content package.
6. Registration Charges: All third party costs arising from the registration of a domain name shall be met by the Client and will be additional to the quoted design costs. The duration of such registration is from the date of purchase. Unless otherwise instructed Dezine-Host will make any such purchase at the beginning of the engagement to secure the agreed domain name.
7. Hosting: Hosting charges are waived for a period of 12 months for all websites which are designed by Dezine-Host. This period begins one month after this contract is formed (i.e. receipt of initial payment from client) or the date the site goes life, whichever comes first.
8. Search Engine Promotion: Dezine-Host is not responsible for ongoing web site promotion. While reasonable steps will be taken to ensure that the content of a website can be indexed by search engines, no guarantees or representation as to the extent of such or the achieved ranking are made nor should be implied. The order in which websites are ranked in the organic search results (i.e. not Adwords or pay per click) is controlled by the search engines alone.
9. Cancellation: Should the client wish to cancel at any point during the process they shall remain liable for the costs of work that has taken place and shall be invoiced accordingly. It is possible that there will be a charge yet no tangible website content to hand over, depending on the timing of such a cancellation.
10. Content: It is the responsibility of the client to provide the required content for the site in a timely fashion. It is accepted that often incomplete content is available at the commencement of a project and that the client may be prompted for additional content which needs to be generated and supplied thereafter.
Where content is not forthcoming and this impedes the progress of the project, Dezine-Host reserves the right to prioritise other projects which may significantly delay the completion of your site. Any such delays will not be reflected in the billing cycle of domain hosting or domain registration (which is outside the control of Dezine-Host).
In situations where a site cannot be completed due to delayed supply of content by the client, Dezine-Host reserves the right to bill for the full project costs 6 weeks from the commencement of the engagement.
11. Conceptualising: Conceptualising is the process of producing website concepts for clients. Dezine-Host will base concepts on colour schemes and design specifications supplied. Websites with costs less than £1000 will only qualify for a single concept. It is therefore imperative that clear details of required colours, design styles etc are provided at the start of the engagement. Ideally the client will provide an example website or sites which demonstrate the design ideas and styles or colours desired.
Only minor adjustments can be incorporated at later stages though Dezine-Host will try to accommodate all reasonable changes.
Full reworking of a design is possible but only with additional charges.
12. Travel Time and Travel Expenses: Travelling time to and from customer premises is not generally included in estimates. Dezine-Host reserves the right to make a charge for reasonable travelling expenses (including time) where incurred. Clients are welcome to travel to Dezine-Host to discuss the project at any stage without additional charges. Dezine-Host is also willing to operate such meetings via electronic communication methods.
13. Quotations: The price quoted to the client is for the work specifically agreed in the quotation only. Should the client decide that changes or additions are required after work on the website has commenced further charges will apply.
14. Payment – Advance Fee: An advance fee of 50% of the total cost of the project quote plus planned 3rd party expenses (i.e. domain registration fees) is required before work commences. Clients should only pay this advance fee if they agree to our terms and conditions. Payment of the advance will be taken as agreement of these terms.
15. Payment – Refund Policy: Advance fees and fees for 3rd party expenses (e.g. domain registration) are not refundable.
16. Payment Methods: Payment may be made by cash, cheque, bank transfer or credit card (surcharges apply at prevailing rates, currently 3.4% + 20p). All payments are to be in Pounds Sterling. In the event of a cheque being returned by the bank as unpaid for any reason, the client will be liable for any and all incurred bank charges and fees plus an administration fee of £15. Work on the project will halt until further payment attempts prove successful.
17. Payment of Balance: Invoices are only issued when clients accept that their website has been completed to their satisfaction. Payment of the balance is due immediately on completion of the website. We reserve the right not to launch a website until full payment has been received.
18. Late Payment 1: Any websites previously launched may be removed if payment is not forthcoming. When this occurs an additional minimum charge of £50 will be required to have the site restored.
19. Late Payment 2: Accounts that have not been settled within 7 days of our final reminder will incur a late payment charge of 10% of the amount outstanding. You will also be charged statutory interest of 8% above the reference rate (fixed for the six month period within which date the invoices became overdue) pursuant to the late payment legislation.
20. Future Support: Your website will be handed over as a fully functioning, completed work. Unless an ongoing support agreement has been purchased, Dezine-Host is not responsible for future support of the site after handover.
Dezine-Host will endeavour to offer support and/or further development, at additional cost where requested. Your website is offered as a single contract and no guarantee of the availability of future support from Dezine-Host is offered unless an ongoing support package has been agreed.
21. Changes: Any changes requested after issue of the final invoice are liable to attract additional charges. The minimum charge for subsequent work is £25. The client must ensure that before accepting the final design, they have checked the site and it’s content to their satisfaction to avoid any situation where further changes are required and costs incurred.
22. Risk: As soon as we have delivered your website, you will be responsible for its maintenance and security (unless you have purchased a maintenance contract). We will not be liable for problems caused by any third party criminal activity using malicious software, spyware, viruses or website hacking techniques. You should be aware that while it is highly unlikely that your website will be affected by such problems they are a fact of life on today’s Internet. Dezine-Host will endeavour to protect it from this to the best of our abilities before delivery. The client is advised to ensure that suitable backup provision is made for the website. While Dezine-Host retains a copy of all website for reference purposes and would supply a further copy in a disaster recovery scenario, Dezine-Host will not be liable for ensuring that this copy remains in existence and accessible.
23. Access to Client Hosting Space: We may require ongoing access to our clients’ hosting space to allow us to support and monitor their websites. All sites hosted in our reseller account can be accessed using our reseller login. Clients have their own username and password to access their hosting package. Should a client move their site to another hosting package, Dezine-Host would need to be provided with credential with which to access that hosting in order to perform contracted maintenance.
Dezine-Host will not be liable for limitations of 3rd party hosting packages which impede or prevent such maintenance operations. Additional charges may apply where Dezine-Host is required to investigate the working of other hosting packages.
Dezine-Host cannot be held responsible for any changes made to the website or the hosting package and its settings by the client or the client’s agents.
24. Compliance with Ecommerce, Accessibility or Other Regulations: Dezine-Host designs websites in accordance with the client’s specifications. It is the client’s responsibility to ensure that the website and its content comply with current online trading laws and regulations.
Dezine-Host accepts no responsibility for any failure to comply with laws and regulations related to accessibility, selling online or those related to a specific business or trade. Clients are advised that in any business where complex compliance issues may exist it may be necessary to seek legal advice.
25. Accuracy of Website Content: During the design process typographical errors in text content are possible. Dezine-Host cannot accept responsibility for any such errors. The client must, as part of the acceptance process, proof read all text content after publication to ensure that it is accurate and that no errors have been introduced.
26. Validity of Quotation: Unless otherwise agreed any quotation provided will be valid for 30 days from the date of receipt.
27. If you are unhappy with any aspect of our service, please contact Dezine-Host during UK office hours. Any complaints will be dealt with sympathetically and we will work with you to reach a satisfactory conclusion.
These Terms and Conditions are Copyright Toucher Web Design
Notes:
Should Dezine-Host waive any of these terms on an individual basis, this shall not affect the validity of remaining clauses or commit Dezine-Host to waive the same clause on any other occasion.
By agreeing to these terms and conditions your statutory rights are not affected. Please contact Dezine-Host if there is anything in this document that requires clarification.
Dezine-Host reserves the right to make change these Terms and Conditions at any time.
Terms and conditions in part credited to Toucher Web Design UK