The following terms and conditions apply to all website design / graphic design services provided by Designs Divine to the client.
1. Acceptance
It is not necessary for the client to sign an acceptance of these terms and conditions for them to apply. Once the client has accepted a quote, the client has accepted the terms and conditions in full.
Please read these terms and conditions carefully.
2. Website charges
Charges for any service provided by Designs Divine are clearly wrote in the quotation sent to the clients e-mail. Quotations are valid for 7 days, Designs Divine reserves the right to alter or decline a quotation after the expiry of 7 days.
Designs Divine require full payment upfront. Unless in certain situations as agreed with the client, to require an advanced payment of fifty percent (50%) of the project quotation total before the work is supplied. With the remaining fifty percent (50%) of the project quotation due upon completion of the work, prior to the website going live.
Payment for any service is due by bank transfer, which will be provided on invoices.
3. Hosting
Designs Divine charge a rate of £25 per month to cover hosting fees. This is to be made monthly via direct debit unless otherwise agreed with the client.
4. Client review
Designs Divine will provide the client with an opportunity to review any services provided to them after the work is completed. At project completion any services will be deemed to be accepted and approved unless the client notifies Designs Divine within 7 days of the date any services are completed.
5. Turnaround time and content control
Designs Divine will complete the client’s website by the date specified in the project proposal, or at a date agreed between Designs Divine and the client after receiving payment, unless a delay is requested and agreed by either Designs Divine or the client.
During the project, Designs Divine will require the client to provide website content; text, images, movies, sound files and contact information before they will commence with the project.
6. Failure to provide required website content
Designs Divine is a small business, to remain efficient we must ensure that we have completed our project at the scheduled time. On occasions we may have to reject any other enquiries to ensure that your work is completed at the time arranged.
Therefore, we ask the client to provide all the required information in advance. On any occasion where progress cannot be made with the project, because we have not received the required information in the agreed time frame, and we are delayed as a result, we reserve the right to impose a surcharge of up to 25 percent (25%).
If the agreed content time frame is not met by the client after one calendar month of project commencement, we reserve the right to close the project. The client must not give us the go ahead to start until the client is ready to do so.
NOTE: All text should be delivered to us as a Microsoft Word document with all pages in the supplied document representing the content of the relevant page. These pages should have the same titles as the agreed website pages. The client should Contact Us if they need clarification on this.
7. Invoices
Invoices provided by Designs Divine are normally sent via email; however, the client may choose to receive a hard copy of the invoice.
8. Late payment fees.
If no payment is received after 48 hours of the date of invoice, service(s) will be suspended until the outstanding balance is settled. Designs Divine will then give the client 5 days to settle the outstanding balance, if the balance isn’t settled after the 5 days a late payment fee will be applied. (At the rate of 6% from the date of invoice).
9. Additional expenses
Designs Divine will invoice for any additional expenses after completion of work. Example; adding an additional contact form, additional pages, email addresses etc.
10. Ownership
Designs Divine will give the option to hand over ownership of the website, enabling the client to have full access to their website. However, Designs Divine will not be held responsible for any errors made by the client if making website changes themselves. If the client causes errors on their website as a result of making changes, Designs Divine reserves the right to charge for any work involved in correcting any errors.
11. Web browsers
Designs Divine makes every effort to ensure websites are designed to be viewed by most visitors. They are designed to work with the most popular current browsers (Firefox, Chrome, Safari, etc). Client agrees that Designs Divine cannot guarantee correct functionality with all browser software across different operating systems.
Designs Divine cannot accept any responsibility for website pages that do not display correctly in new versions of the browsers released after the website has been designed and handed over to the client. As such, Designs Divine reserves the right to quote for any work involved in changing the website design for it to work with updated browser software.
12. Termination
WEBSITE
Termination of the website by the client must be requested in a written notice and will be effective on the receipt of such notice. Telephone requests for termination of services will not be honored until confirmed in writing.
HOSTING
Termination of the hosting by the client must be requested in a written notice and will be effective on the receipt of such notice. Telephone requests for termination of services will not be honored until confirmed in writing. The client should arrange for the contact between their chosen new provider and Designs Divine and we will provide full access to the control panel for a set period of time to allow the site transfer.
13. Copyright
The client retains the copyright of data, files, and logos provided by the client, and grants Designs Divine the rights to publish and use such material. It’s the client’s responsibility to obtain permission and rights to use any information or files that are copyrighted by a third party. A contract for website design shall be regarded as a guarantee by the client to Designs Divine that such all permissions and authorities have been obtained. Evidence of permissions and authorities may be requested.
14. Standard media delivery
All photographs and other graphics will be provided by the client and delivered to Designs Divine electronically in .jpeg or .png format.
15. Design credit
A link to Designs Divine will appear in either a small text or a graphic at the bottom of the client’s website. If a graphic is used, it will be designed to fit with the website’s overall design. The client also agrees that the website developed for the client may be presented in Designs Divine portfolio.
16. Post-placement alterations
Designs Divine cannot be responsible for any alterations caused by the client or a third party occurring to the clients pages once project has been completed. Such alterations include, but are not limited to additions, modifications and deletions.
Any additional work required by the client on a previously signed off project, will be considered a separate project and will therefore and incur additional charges.
17. Domain names
Designs Divine may purchase domain names on behalf of the client, but the client is responsible for renewal payment of the domain name. If the client hosts the domain name, payment and 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 is not the responsibility of Designs Divine.
18. Liability
Designs Divine hereby excludes itself, Employees and or Agents from all and any liability form:
- Loss or damage caused by any inaccuracy;
- Loss or damage caused by omission;
- Loss or damage caused by delay or error, whether the result or negligence or other cause in the production of the website;
- 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 Designs Divine to the client in respect of any claim whatsoever or breach of the 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.
Designs Divines’ hosting is provided through Unlimited Web Hosting as a reseller. Designs Divine cannot be held responsible or accountable for any outages of service due to technical problems arising from Unlimited Web Hosting.
19. 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 replaces by a mutually acceptable valid, legal and enforceable provision, which comes closest to the intention of the parties underlying the invalid.
20. Business hours
Designs Divine are available for sales and support Monday – Friday 10:00 – 17:00. Clients will be notified of any change in availability.