Our terms and conditions of service are in place to protect both Digital Refresh Ltd and the client.
The following terms and conditions apply to all website development, design services and Go Connected magazine advertising provided by Digital Refresh Ltd to the Client. 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.
1 – Acceptance of proposal
1.1 – The Client shall receive an order confirmation with a detailed brief for the project. This quotation details all tasks to be completed as part of the project as requested by the Client. This quotation will include the cost of our services. Any and all tasks which are not included in this quotation shall be charged in addition. Additional work will be quoted for separately for your approval.
2- Turn Around / Client Review
2.1- Detailed within our quotation are agreed deadlines which we will work to. Although we work hard to meet our agreed deadlines we cannot be held accountable for events out of our control, for example content or information being provided by the Client later than agreed, technical issues such as loss of power etc. In the event of any delay on behalf of Digital Refresh Ltd we will inform you of a revised schedule for delivery.
2.2 Digital Refresh Ltd will provide the Client with a draft versions of their new website. The client will be responsible for reviewing the website and checking content for any errors. Any changes required should be requested by the Client within 7 days of receiving the site to review. Digital Refresh Ltd will make the requested changes to the Clients site within 7 days and resubmit for approval.
2.3 Where the projects are larger, the time to review the website by the Client and to make changes by Digital Refresh may be longer but this will be included in the quotation.
3 – Content Control
3.1 – In the event that content is being provided by the Client, please ensure that this reaches us at the pre agreed times as Digital Refresh Ltd is a small business, to remain efficient we must ensure that work we have programmed is carried out at the scheduled time. This is why we ask that you provide all the required information in advance of beginning a project. 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 cannot guarantee the completion date of your project.
4 – Domain & hosting
4.1 – Digital Refresh Ltd may purchase domains on behalf of the Client. The Client agrees to pay for these in addition to the agreed quotation. Digital Refresh Ltd will inform the Client when the domain name is due for renewal and the Client agrees to pay for this. If the domain purchase or domain renewals are not paid for this may result in loss of service.
4.2 If at any point the Client wishes to transfer the ownership and account management of the domain name to their own provider an administration charge of £25 will be charged.
4.3 Unless otherwise agreed Digital Refresh Ltd will host all websites on our servers. Our hosting packages are billed monthly to the Client and must be paid for via direct debit. If you choose not to pay direct debit we will bill you for the year in advance.
4.4 All hosting accounts are provide with two free email address. Each additional email address is charged at £5 per month.
4.5 We reserve the right to delete websites from our servers and storage for non payment. Clients will be notified that there website are to be deleted after 30 days if their outstanding balance is not cleared.
5 – Website maintenance
5.1 – If the Client has taken one of our maintenance plans these are billed monthly via direct debit and Digital Refresh Ltd will update of all software, themes, plugins and security software each month. If a plugin is no longer functional we’ll find an alternative replacement for your site and install it. Our maintenance plans will protect you in the event that a plugin or software update causes any issues to your website.
5.2 If the Client has taken one our hosting and maintenance plans which include amendments these are billed monthly and Digital Refresh Ltd will provide up 2 hour of amendments each month to the website (This is dependant on which plan you have chosen). These do not include adding additional pages or writing content. If no amendments have been made the 1 hour can be rolled over to a maximum of 3 months or 3 hours work. If after 3 months the hours have not been used they cannot be rolled over further.
5.3 If the Client choses to take control over their website and manage all updates and edit their own content Digital Refresh Ltd holds no responsibility in the event of the website not functioning correctly. This shall be the Clients responsibility. In the event the website stops functioning or is completely inaccessible Digital Refresh Ltd will restore the website to a previous back up of the website within the previous 30 days providing we are hosting the website. An administration fee of £100 will be charged.
5.4 Additional work billed to the client is charged at £50 per hour. A minimum of 1 hour will be billed and any additional hours are billed per half hour.
6 – Payment
6.1 – Unless otherwise agreed, 50% deposit is required prior to commencement of all website design projects. Invoices will be provided by Digital Refresh Ltd and upon completion all remaining balances must be settled 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. Accounts that remain unpaid thirty (30) days after the date of the invoice will be added a service charge in the amount of the higher of one and one-half percent (1.5%) or £30 per month of the total amount due.
6.2 Payment for hosting and maintenance packages are billed monthly and must be paid for via direct debit.
6.3 For larger projects we may bill the client in stages for our website design services after certain milestones of the project have been completed. These along with payment details will be highlighted in the quotation. Invoices will be issued once each milestone is reached and payment will be required before the project continues.
6.4 Upon completion of any and all work on live websites our standard payment terms are strictly 7 days.
6.5 We reserve the right to delete websites from our servers and storage for non payment. Clients will be notified that their website are to be deleted after 30 days if their outstanding balance is not cleared.
7 – Print Orders
7.1 – Digital Refresh Ltd will only send orders to print with artwork that has been approved in writing from the Client via email.
7.2 All prices for print that are quoted for the Client are valid for 30 days from the day of receiving our quotation. If the Client decides to move forward with an order after this time Digital Refresh Ltd will provide a new quotation for the printing.
7.3 Digital Refresh Ltd will inform the Client at the time of ordering how long the product will take for delivery however we cannot be held responsible for any delays which are out of our control such as a delay at the printers or the delivery company.
8 – Design Ownership
8.1 All designs for products including but not limited to logo’s, business cards, leaflets and banners are owned by Digital Refresh Ltd and will only become the property of the Client once full payment is received. Any use of our designs that have not been paid for, (unless previously agreed) is not permitted and legal proceedings will be taken unless all products and materials using our designs are removed from use.
8.2 Upon full payment Digital Refresh Ltd will supply all artwork files to the Client including illustrator files for the Client to use, edit or modify should they choose to. The Client will have full ownership of their artwork.
9 – Liability / Copyright
9.1 – The Client retains the copyright to data, files and graphic logos provided by the Client, and grants Digital Refresh Ltd 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 Refresh Ltd permission and rights for use of the same and agrees to indemnify and hold harmless Digital Refresh Ltd 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 Refresh Ltd that all such permissions and authorities have been obtained. Evidence of permissions and authorities may be requested. Put simply, Digital Refresh Ltd shall hold no liability for any beach of copyright for images or content provided by the Client.
9.2 – As some of our services are provided by 3rd party suppliers Digital Refresh Ltd cannot be held responsible for any loss of earnings or implied loss of earnings by the Client should any part of the website not function including but not limited to hosting, content, emails or functionality.
10 – Termination
10.1 – The Client has the right to cancel the project at anytime by providing written notice to Digital Refresh Ltd. Where a deposit has been taken this will be refunded in full as long as no work has been started on the Clients project. Where the project has begun the Client may receive a part refund minus any hours worked on the project charged at £50 per hour. During larger projects where payment milestones have been agreed, the Client may cancel the project once a milestone has been reached and payment in full will be required for all work completed.
10.2 If the Client chooses to transfer any and all completed work to another hosting / website provider to continue this will be the Clients responsibility. If the Client requires a backup copy of their website for the transfer, there is an administration fee of £100.
10.3 Digital Refresh Ltd reserves the right to terminate the agreement between the Client if they deem necessary. Reasons may include but not limited to, regular missing pre agreed deadlines to provide content or information, regular late payments or non payment.
10.4 If Digital Refresh Ltd chooses to terminate the agreement between the Client they shall provide written confirmation of the cancellation giving 30 days notice for the Client to transfer their website / hosting to another provider. After 30 days Digital Refresh Ltd shall turn off the Clients hosting and website.
10.5 If the Client wishes to retain their domain name Digital Refresh Ltd will transfer their domain across to a provider of their choice upon receipt of an administration fee of £25. Should the Client wish for Digital Refresh Ltd to transfer the Clients website and hosting to another provide an administration charge of £250 shall be charged.
11 – General Data Project Regulations
11.1 Digital Refresh Ltd and all employees take the privacy of their Clients data very seriously. Under no circumstances unless otherwise agreed shall Digital Refresh Ltd share its customers information to any 3rd party or other organisation. All Client information and data is securely stored and can only be accessed by authorised individuals within the company.
11.2 By using our website and contacting us via our contact form you expressly consent to us making contact with you via email or telephone.
11.3 Digital Refresh Ltd does not retain any details of new enquiries for longer than 90 days unless the new enquiry becomes a Client and in that instance we strictly adhere to notice 9.1.
11.4 You may contact Digital Refresh Ltd and withdraw your consent for us holding your data by advising us in writing or via email.
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