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WEBSITE DESIGN SERVICE AGREEMENT
The following terms and conditions apply to all website development / design services provided by Dorset Digital Solutions Ltd to the Client.
1. Project 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.
Charges for services to be provided Dorset Digital Solutions Ltd are defined in the project quotation that the Client receives via e-mail. Quotations are valid for a period of 30 days. Dorset Digital Solutions Ltd reserves the right to alter or decline to provide a quotation after expiry of the 30 days.
Unless agreed otherwise with the Client, all website design services require an non-refundable advance payment of a minimum of fifty (50) percent of the project quotation total before the work begins on the project. Advance payment amounts may change depending on the size of the project. The remaining fifty (50) percent of the project quotation total due upon completion of the work, prior to upload to the server or release of materials.
Payment for services is due by cheque or bank transfer.
Cheques should be made payable to Dorset Digital Solutions Ltd and sent to 65 St Mary Street, Weymouth, Dorset, DT4 8TR. Bank details will be made available on invoices.
3. Client Review
Dorset Digital Solutions Ltd 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. At the completion of the project, such materials will be deemed to be accepted and approved unless the Client notifies Dorset Digital Solutions Ltd otherwise within ten (10) days of the date the materials are made available to the Client.
4. Turnaround Time and Content Control
Dorset Digital Solutions Ltd 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 Dorset Digital Solutions Ltd receiving initial payment, unless a delay is specifically requested by the Client and agreed by Dorset Digital Solutions Ltd.
In return, the Client agrees to delegate a single individual as a primary contact to aid Dorset Digital Solutions Ltd with progressing the commission in a satisfactory and expedient manner.
During the project, Dorset Digital Solutions Ltd will require the Client to provide website content; text, images, movies, and sound files.
5. Failure to provide required website content
Dorset Digital Solutions Ltd is a small business, 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.
Therefore, 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 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, PDF, 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 our content management system, you are able to keep your content up to date yourself.
Invoices will be provided by Dorset Digital Solutions Ltd before the project begins. 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 assessed a service charge in the amount of the higher of two percent (2%) or £30 per month of the total amount due.
7. Additional Expenses
Client agrees to reimburse Dorset Digital Solutions Ltd for any additional expenses necessary for the completion of the work. Examples would be purchase of special fonts, stock photography, theme plugins not previously agreed in the original quote etc.
8. Responsive Design and Web Browsers
Dorset Digital Solutions Ltd makes every effort to ensure websites are designed to be fully responsive and 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.) and mobile devices. Client agrees that Dorset Digital Solutions Ltd cannot guarantee correct functionality with all browser software across different operating systems and mobile devices.
Dorset Digital Solutions Ltd cannot accept responsibility for web pages which do not display acceptably in new versions of browsers released after the website have been designed and handed over to the Client. As such, Dorset Digital Solutions Ltd 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.
Dorset Digital Solutions Ltd offers a hosting service through a third-party server. Dorset Digital Solutions Ltd does not guarantee continuous service and will accept no liability for loss of service, whatever the cause. Dorset Digital Solutions Ltd may request that clients change the type of hosting account used if that account is deemed by Dorset Digital Solutions Ltd to be unacceptable because of poor service, lack of bandwidth or in any other way insufficient to support the website. Fees for Dorset Digital Solutions Ltd hosting service are due at the commencement of any period of service and are non-refundable. Fees due to clients own third party hosting organisations are the responsibility of the client. Hosting starts the day Dorset Digital Solutions starts building the website. Unlimited SSD Disk Space on selected servers packages only.
10: Duration and Renewal of Hosting Services
Unless otherwise specified, Services are provided for a minimum contract term of 12 months and unless cancelled in writing will automatically be renewed for the billing period chosen on sign up. You are entitled to cancel the Services by contacting Creative Wisdom Ltd no less than 3 months prior to the renewal date for your Services.
11. Domain Names
Dorset Digital Solutions Ltd may purchase and hold domain names on behalf of the Client. Payment and renewal of those domain names will be billed annually in advance.
If the Client holds their domains in their own domain account, it is the responsibility of the Client to renew the domain themselves. The loss, cancellation or otherwise of the domain brought about by non or late payment is not the responsibility of Dorset Digital Solutions Ltd. The Client should keep a record of the due dates for payment to ensure that payment is received in good time.
Accounts unpaid thirty (30) days after the date of invoice will be considered in default unless the Client has contacted us in advance and an agreement in writing (by email or letter) has been made. If the Client in default maintains any information or files on Dorset Digital Solutions Ltd’s server space, Dorset Digital Solutions Ltd will, at its discretion, suspend the Clients account. If no payment has been made within 60 days we reserved the right to delete the Clients account which will result in deletion of all data stored on it. Dorset Digital Solutions Ltd 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 £30 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 Dorset Digital Solutions Ltd reasonable expenses, including legal fees and costs for collection by third-party agencies, incurred by Dorset Digital Solutions Ltd in enforcing these Terms and Conditions.
Termination of services by the Client must be requested in a written notice and will be effective on receipt of such notice. E-mail or telephone requests for termination of services will not be honoured until and unless confirmed in writing. The Client will be invoiced for design work completed to the date of first notice of cancellation for payment in full within thirty (30) days.
All Dorset Digital Solutions Ltd services may be used for lawful purposes only. You agree to indemnify and hold Dorset Digital Solutions Ltd 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 Dorset Digital Solutions 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 Dorset Digital Solutions Ltd permission and rights for use of the same and agrees to indemnify and hold harmless Dorset Digital Solutions 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 Dorset Digital Solutions Ltd that all such permissions and authorities have been obtained. Evidence of permissions and authorities may be requested.
16. 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 (ASCII text files delivered on USB or via e-mail or FTP) and that all photographs and other graphics will be provided physically in high quality print suitable for scanning or electronically in .gif, .jpeg, .png .tiff, eps, .ai, .pdf or .psd format. Although every reasonable attempt shall be made by Dorset Digital Solutions Ltd 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.
17. Design Credit
A link to Dorset Digital Solutions Ltd 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 a client requests that the design credit be removed, a nominal fee of 5% of the total development charges will be applied. When total development charges are less than £5000, a fixed fee of £250 will be applied. The Client also agrees that the website developed for the Client may be presented in Dorset Digital Solutions Ltd portfolio.
18. Access Requirements
If the Client’s website is to be installed on a third-party server, Dorset Digital Solutions Ltd must be granted temporary access to the Client’s storage directories which must be accessible via FTP and cPanel. Depending on the specific nature of the project, other resources might also need to be configured on the server.
19. Post-Placement Alterations
Dorset Digital Solutions Ltd 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.
These Terms and Conditions supersede all previous representations, understandings or agreements and may be updated periodically.
21. Free Minor Updates Definition
Minor updates are limited to image uploads (no more than 5) and basic text changes. Changes to a websites main layout, design or functionality will not be accepted unless previously agreed in writing. Any changes or extra plugins not previously agreed will be chargeable at a rate of £35 per hour plus any purchase fee’s.
22. Social Media Management
Social Media Marketing and Management is defined as helping a client to promote their products or services through social media channels. Dorset Digital Solutions Ltd 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.
23. Theme Licensing
All premium Themes used are licensed to Dorset Digital Solutions Ltd and are non-transferable. Clients wishing to transfer their website away from Dorset Digital Solutions Ltd will be required to purchased a new theme license directly from the theme developer in order to maintaince theme updates and some premium plug-in updates.
24. Governing Law
This Agreement shall be governed by English Law.
Dorset Digital Solutions Ltd 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 Dorset Digital Solutions Ltd 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.
SEARCH ENGINE OPTIMISATION (SEO)
1: Details of the parties entering into the contract
This agreement is hereby entered into between Dorset Digital Solutions Ltd (hereinafter referred to as “we”, “us”, “SEO”, “our” & “DDS”) and Yourself hereinafter referred to as “Client”, “you”).
2: Representations and Warranties
Dorset Digital Solutions Ltd agrees to provide the client with Search Engine Optimisation and Reporting Services (hereinafter referred to as “SEO”, “Optimised Content Marketing”) as described in our website. We are authorized to use the specific keywords and/or phrases for developing and improving the natural visibility of the Client’s site(s), in the search engines (Google and Bing).
To bring clarity into this contract, we are going to define some SEO terms/jargons which we use. Our goal is to develop a contract in plain English which is mutually understood by all the parties entering into the contract and which minimizes erroneous beliefs. However we make no warranty/guarantee of accuracy and completeness of the SEO terms described below. Our definitions should not be considered as be all and end all of SEO terminology. For the purposes of this agreement:
“Deliverable“- It is a term used in project management to describe a tangible or intangible object produced as a result of the project that is intended to be delivered to a customer (either internal or external). A deliverable could be a report, a document, a server upgrade, or any other building block of an overall project
“SEO” –Search engine optimisation (SEO) is the process of improving the volume or quality of traffic to a web site from search engines via “natural” or un-paid (“organic” or “algorithmic”) search results as opposed to search engine marketing (SEM) which deals with paid inclusion.
“Social Media Optimisation” – It is set of methods which are used to generate publicity through social media.
“Search Engines” – It is a computer program which is used to retrieve documents from a computer network. Three popular search engines are Google, Yahoo and Bing.
“Client’s Competitor” – It is an individual or a company which is in the same exact niche as the client and is targeting same/identical keywords in same/nearby geographic location(s).
“Keyword” – Keyword or keyword phrase is a search term(s) which is used to retrieve information through search engines.
“Keyword Research” – It is a practice used by search engine optimisation professionals to find and research actual search terms people enter into the search engines when conducting a search.
“Keyword stuffing” – It is considered to be an unethical search engine optimisation (SEO) technique. Keyword stuffing occurs when a web page is loaded with keywords in the meta tags or in content.
“keyword cannibalization” – Several web pages targeting the same keyword(s)
“URL”- It is the address of the web page on the Internet.
“URL Canonicalization” – It is the process of picking the best url when there are several choices, and it usually refers to home pages.
“Link Building” – It is a Search Engine Optimisation technique which is used to get backlinks (or votes) for a website.
“Link Acquisition” –Link acquisition is any content or feature within a website that somehow encourages viewers to place links to it from other websites.
“Website Usability”- It means how easy it is for visitors to use your website.
“Website Accessibility”- It means how accessible your web pages are to your visitors and search engines.
“User Engagement”- It refers to the degree to which a visitor has been positively influenced by the website and is engaged to it.
“Conversions”- Also known as goals. They can be orders, leads, downloads, page views, sign ups, traffic etc.
“Conversion Rate”- It is the percentage of visits which result in goal conversions.
“KPI”- KPI or Key Performance Indicator is used to measure how well an organization or individual is accomplishing its goals and objectives.
“Link popularity”- It is the measure of the quantity and quality of inbound links (back links) to your website.
“Confidential Information”- It includes but is not limited to, any and all fees, services, documents, recommendations, reports, e-mails, postal mail, courier or phone/skype consultation for the purpose of reporting, recommending or educating the client by Dorset Digital Solutions Ltd for carrying out search engine optimisation services.
Dorset Digital Solutions Ltd is committed to provide following deliverables:
Website Best Practice Audit – It provides (but it not limited to):
Review of issues related to website usability, website credibility, websites accessibility, user engagement, legal issues and suggestions regarding how to fix them.
Recommendations for avoiding/fixing negative SEO issues (keyword stuffing, duplicate content, URL canonicalization, hidden text, hidden links, sneaky redirects, keyword cannibalization etc)
Recommendations regarding content development. What type of content and content categories can attract additional traffic and links and can help in improving conversions (goals).
Review of the client’s site traffic – how visitors find your website and where they come from.
A website audit can be purchased as a separate service by the client which we charge a one-time fee of £250.00 + VAT.
Keyword Research Report – It provides list of keywords that can bring highest volume of relevant traffic to the website along with their search volume. It also provides longer tail keyword suggestions which may not bring volumes of traffic but can potentially trigger a higher conversion rate.
If keyword Research is purchased as a separate service by the client we charge a one-time fee of £100.00 + VAT
Website Optimisation – We advise to fix any issues we have identified, so that the website works for the client’s business and is able to convert relevant traffic into sales or leads. Onsite optimisation can be taken against your monthly hourly campaign or can be purchased at a separate cost POA.
On-page optimisation– We may modify the title tags, meta tags, content, HTML code and other on-page factors of a client’s website to make it more relevant to search engines (Google and Bing) for the targeted keywords. We aim to improve keyword positioning/placement to attract additional traffic to the site.
Link Building – We acquire/request/write for and submit links from a vast array of websites to improve the search visibility of your website in the search engines.
Link Acquisition/Viral Content Development– We may develop and promote content (press releases, articles, guest blog posts,) which help in getting additional traffic and links to your site.
Social Media Optimisation– We may provide advice on social media optimisation and how you can integrate social activities within your website.
SEO Reporting – We continuously monitor the effectiveness of our SEO campaign via an automated online reporting system which is updated daily.
5: Payment Terms
Invoices are provided monthly on or around the date you start your campaign and all invoices must be cleared within 28 days. All SEO campaigns are for a minimum of 30 days unless outlined in a separate offer.
Client agrees to pay the fee for monthly SEO services and confirms this via telephone/email/online form. All payments shall be made in £ (GBP great British Pounds), unless otherwise agreed by Dorset Digital Solutions Ltd. Any incidental cost related to the SEO Services provided to the client like long distance telephone calls, shipping, postage, courier and travel will be reimbursed to Dorset Digital Solutions Ltd by the client. If the client decides to end the project for lack of funds, change in focus or for any other reason other than which violates any term of this agreement, then the client is required to pay for all the work Dorset Digital Solutions Ltd has done up to the time that client notifies Dorset Digital Solutions not to continue with the project at hourly rate of £60.00.
6: Assignment of Specific Rights
For the purposes of receiving professional SEO services, Client agrees to provide the following:
Give Dorset Digital Solutions Ltd FTP and other back-end admin access to the web site to make changes to the site for the purpose of on-page optimisation.
Permission to communicate directly with any third parties, e.g., your web designer, if necessary.
Full access to existing website traffic statistics for analysis and tracking purposes.
Client authorizes Dorset Digital Solutions Ltd use of all client’s logos, trademarks, Web site images, content etc., for use in creating articles and any other uses as deemed necessary by Dorset Digital Solutions Ltd for search engine optimisation.
If Client’s site is lacking in textual content, Client will provide additional text content in electronic format for the purpose of creating additional or richer web pages. Dorset Digital Solutions Ltd can create site content at additional cost to the Client. If Client is interested in purchasing content from Dorset Digital Solutions Ltd, it can be provided at additional cost.
7: Non-Disclosure Agreement
At any time during or subsequent to contract period, client agrees to keep in strictest confidence and trust all of the Dorset Digital Solutions Ltd confidential information to which the client has access. The client will not use or disclose the Dorset Digital Solutions Ltd confidential information without the written consent of Dorset Digital Solutions Ltd. Client agrees not to attack/criticize Dorset Digital Solutions Ltd or any of its employees, associate’s, or partner’s publicly (on public forums, blogs, social networks etc) at any time during or subsequent to contract period. Similarly, client agrees not to seek for SEO advice on SEO forums, blogs, community groups or any social media in a way which brings bad name to the company or any of its employee’s, associate’s, or partners. In case of breach of non-disclosure agreement, client agrees to pay Dorset Digital Solutions Ltd a reasonable cost for damages.
Client acknowledges the following with respect to SEO services from Dorset Digital Solutions Ltd :
All fees are non-refundable.
Dorset Digital Solutions Ltd has no control over the policies and ranking algorithms of search engines with respect to the type of sites and/or content that they accept now or in the future. Client’s web site may be excluded from any search engine or directory at any time at the sole discretion of the search engine or directory.
Due to the competitiveness of some keywords/phrases, on-going changes in search engine ranking algorithms, and other competitive factors, Dorset Digital Solutions Ltd does not guarantee No.1 positions or consistent top 10 positions for any particular keyword, phrase, or search term.
Dorset Digital Solutions Ltd assumes no liability for ranking, traffic, indexing issues related to penalties. Consequently, client understands that ranking new websites is much more difficult than ranking old and established sites and he should not have unrealistic expectations about rankings, traffic and revenues.
New websites may get temporary boost in ranking for some targeted keywords for few days but then it settles down to its real place. This is known as ‘new site boost effect’ and it is quite common. Consequently, the client understands that a new site has not really got top rankings within a month and soon it will revert down to its actual position.
Occasionally, search engines will drop listings for no apparent reason. Often, the listing will reappear without any additional SEO efforts.
A website search engine ranking can fluctuate any day, any time because of on-going changes in the ranking algorithm, SEO efforts made by the competitors or both.
Dorset Digital Solutions Ltd makes no guarantee/warranty of project timeline or added expenses (like charging additional fees etc) if the SEO work is destroyed either wholly or in parts, either knowingly or unknowingly by any party without the prior consultation of Dorset Digital Solutions Ltd. SEO work is considered to be destroyed either wholly or in parts if following changes (but are not limited to) are made to a website by any party other than Dorset Digital Solutions Ltd or without first consulting Dorset Digital Solutions Ltd:
Changes in the file(s) or folder(s) name.Putting a file in a different folder or putting a folder in another folder or sub domain.
Making changes in the head section of a document like changing the text in the title tag, removing certain HTML tags required for site authentication.
Deleting a link, folder, file, web document or sub domain.
Modifying text on a web document like changing the formatting of the text or repositioning the text.
Removing analytics code from the web page which is used to track website traffic.
Linking out to any website without prior consultation of the Dorset Digital Solutions Ltd.
Adding a file, folder, web document, widget or any functionality.
Renaming URLs of existing web documents.
Taking down the website or part of the website.
Renaming, re-locating, adding or removing any file, folder or sub domain on a web server including web documents, robots.txt, .htaccess file, sitemap.xml, rss.xml etc
Changes in the site architecture
Changes in the anchor text
Making any changes on an optimised web page.
Uploading a new website to the domain.
Duplicating content either on the website or releasing it online through other websites.
Dorset Digital Solutions Ltd makes no guarantee/warranty of project timeline or added expenses (like charging additional fees etc) if:
The client guarantees any elements of text, graphics, photos, designs, trademarks, or other artwork provided to Dorset Digital Solutions Ltd for inclusion on the website above are owned by the client, or that client has received permission from the rightful owner(s) to use each of the elements, and will hold harmless, protect, and defend Dorset Digital Solutions Ltd and its subcontractors from any liability or suit arising from the use of such elements.
The client fails to resolve Dorset Digital Solutions Ltd queries on time.
Makes delays in providing required access, documents, Dorset Digital Solutions Ltd or any support for Search Engine Optimisation purpose
Fails to make necessary changes to the website as and when advised by Dorset Digital Solutions Ltd for carrying out the Search Engine Optimisation services.
There is a server outage for prolonged time on client’s site.
Client refuses to educate himself about SEO. The client must understand that educating himself about SEO is essential so that he can find out where his money is going, why SEO is a time-consuming but a good long-term marketing strategy.
Dorset Digital Solutions Ltd is not responsible for the Client overwriting SEO work. The Client will be charged an additional fee for re-constructing, re-optimizing content/web pages, based on the hourly rate of £60.00 per hour.
The client understands that his SEO alone can’t be held responsible for his site’s success or failure. The client understands that he needs to work as partner with his SEO provider, give him the necessary time and commitment and follow his advice/suggestions seriously and on time to make his marketing campaigns a success.
9: When this contract comes to an end or Cancellation
This contract comes to an end when everything specified in the contract has been done. It can also end if there is a breach of contract and either party decides to cancel it. The contract can also be ended by mutual agreement of the parties involved in contract or when it becomes impossible to carry out the obligations specified in the contract like due to man-made calamities (riots, acts of terrorism, war etc) or natural calamities (like flood, hurricane, earthquake, volcanic eruption etc). Contracts can be cancelled with 30 days written notice after the initial 30 days.
10: Governing Law and Jurisdiction
Governing law means which country’s rule of interpretation and legal remedies applies in case of any dispute arising out of the contract. Jurisdiction means the place where your dispute will be heard. This Agreement (Contract) shall be governed by the laws of Britain and the British court in respect of any dispute or difference between the client and Dorset Digital Solutions Ltd arising out of this Agreement (Contract). Any dispute or difference can also be resolved outside the court by appointing an independent third party (also known as arbitrator) on mutual agreement of the client and Dorset Digital Solutions Ltd. However in this case arbitrator’s decision is considered to be final and cannot be disputed or appealed in the court of law.
This contract is all inclusive however if there is a verbal or written agreement that exists between the two parties stated in this agreement, they will be reviewed separately. By agreeing to this contract in writing via letter or email you agree that you fully understand this contract, you are legally competent and authorized to enter into the contract and you agree to this contract on your ‘own free will’ without any undue influence, misrepresentation of facts or by mistake. You also represent and warrant to Dorset Digital Solutions Ltd that you have no interest or obligation which is inconsistent with or in conflict with this agreement or which would prevent, limit, or impair Dorset Digital Solutions Ltd performance of any part of this agreement. You agree to notify Dorset Digital Solutions Ltd immediately if any such interest or obligation arises.
GRAPHIC DESIGN AGREEMENT
The following Terms and Conditions of Service apply to all artwork, graphic design, print and services provided by Dorset Digital Solutions Ltd.
All design work is carried out by Dorset Digital Solutions Ltd on the understanding that the client has agreed to abide by Dorset Digital Solutions Ltd terms and conditions.
Copyright of all graphic design work is retained by Dorset Digital Solutions Ltd including copy, concepts, ideas, proofs and illustrations (unless specifically released in writing) until after all invoices have been settled.
If multiple design concepts are submitted, only one concept is deemed to be given by Dorset Digital Solutions Ltd as fulfilling the contract. All other artwork designs remain the property of Dorset Digital Solutions Ltd, unless agreed in writing.
1: Project Acceptance
At the time of proposal, Dorset Digital Solutions Ltd will provide the customer with a written estimate or quotation by post or email as requested.
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.
2: Design Fees
Fees for design services to be provided by Dorset Digital Solutions Ltd, will be set out in the written estimate or quotation that is provided to the customer. A non-refundable deposit of 50% of the quoted fee will become immediately due on projects worth over £500.00. Work on the project will not commence until Dorset Digital Solutions Ltd has received this amount.
3: Charges for Other Services
Charges for any additional services over and above the estimated design, will be made known to the client. They will become fully payable at the time of project acceptance.
The client will be asked to provided artwork sign off before being issued with an Invoice prior to print/artwork/publication. At this time the remainder of the fees due will become payable. Accounts that remain unpaid thirty (30) days after the date of the invoice will be assessed a service charge in the amount of the higher of two percent (5%) or £30 per month of the total amount due.
Payments may be made by Bank transfer, cheque or cash.
Returned cheques will incur an additional fee of £30 per returned cheque. Dorset Digital Solutions Ltd reserves the right to consider an account to be in default in the event of a returned cheque.
An account shall be considered default if it remains unpaid for 30 days from the date of invoice, or following a returned cheque Dorset Digital Solutions Ltd shall be considered entitled to remove Dorset Digital Solutions Ltd’s and/or the customer’s material from any and all computer systems, until the amount due has been fully paid. This includes any and all unpaid monies due for services, including, but not limited to, hosting, domain registration, search engine submission, design and maintenance, sub-contractors, printers, photographers and libraries.
Removal of such materials does not relieve the customer of it’s obligation to pay the due amount. Customers whose accounts become default agree to pay Dorset Digital Solutions Ltd reasonable legal expenses and third party collection agency fees in the enforcement of these Terms and Conditions.
6: Copyrights and Trademarks
By supplying text, images and other data to Dorset Digital Solutions Ltd for inclusion in the customer’s brochure or other medium, the customer declares that it holds the appropriate copyright and/or trademark permissions. The ownership of such materials will remain with the customer, or rightful copyright or trademark owner.
Any artwork, images, or text supplied and/or designed by Dorset Digital Solutions Ltd on behalf of the customer, will remain the property of Dorset Digital Solutions Ltd and/or it’s suppliers, in which full copyright will be passed to the client upon receipt of full payment.
By supplying images, text, or any other data to Dorset Digital Solutions Ltd, the customer grants Dorset Digital Solutions Ltd permission to use this material freely in the pursuit of the design and to utilise the designs in Dorset Digital Solutions Ltd’s portfolio unless agreed otherwise.
Should Dorset Digital Solutions Ltd, or the customer supply an image, text, audio clip or any other file for use in a website, multimedia presentation, print item, exhibition, advertisement, or any other medium believing it to be copyright and royalty free, which subsequently emerges to have such copyright or royalty usage limitations, the customer will agree to allow Dorset Digital Solutions Ltd to remove and/or replace the file.
The customer agrees to fully indemnify and hold Dorset Digital Solutions Ltd free from harm in any and all claims resulting from the customer in not having obtained all the required copyright, and/or any other necessary permissions.
The customer agrees that changes required over and above the estimated work or required to be carried out after acceptance of the draft design will be liable to a separate charge.
The customer also agrees that Dorset Digital Solutions Ltd holds no responsibility for any amendments made by any third party, before or after a design is published.
Any design, copywriting, drawing, idea or code created for the customer by Dorset Digital Solutions Ltd, or any of its contractors, is licensed for use by the client on a one-time only basis and may not be modified, re-used, or re-distributed in any way or form without the express written consent of Dorset Digital Solutions Ltd and any of its relevant sub-contractors.
All design work where there is a risk that another party may make a claim, should be registered by the client with the appropriate authorities prior to publishing or first use or searches and legal advice sought as to its use. Dorset Digital Solutions Ltd will not be held responsible for any and all damages resulting from such claims. Dorset Digital Solutions Ltd is not responsible for any loss, or consequential loss, non-delivery of products or services, of whatever cause. The customer agrees not to hold Dorset Digital Solutions Ltd responsible for any such loss or damage. Any claim against Dorset Digital Solutions Ltd shall be limited to the relevant fee(s) paid by the customer.
9: Data Formats
The client agrees to Dorset Digital Solutions Ltd’s definition of acceptable means of supplying data to the company.
Text is to be supplied to Dorset Digital Solutions Ltd in electronic format as standard text (.txt), MS Word (.doc) on CD, USB data stick, or via e-mail.
Images which are supplied in an electronic format, are to be provided in a format as prescribed by Dorset Digital Solutions Ltd via CD, or electronic data format. Images must be of a quality suitable for use without any subsequent image processing, and Dorset Digital Solutions Ltd will not be held responsible for any image quality which the client later deems to be unacceptable.
Dorset Digital Solutions Ltd cannot be held responsible for the quality of any images which the client wishes to be scanned from printed materials.
Additional expenses may be incurred for any necessary action, including, but not limited to, photography and art direction, photography searches, media conversion, digital image processing, or data entry services.
10: Design Project Duration
Any indication given by Dorset Digital Solutions Ltd of a design project’s duration is to be considered by the customer to be an estimation. Dorset Digital Solutions Ltd cannot be held responsible for any project over-runs, whatever the cause.
11: Design Project Completion
Dorset Digital Solutions Ltd considers the design project complete upon receipt of the customer’s sign off. Other services such as printing, display panel production, filmwork, website uploading, publishing etc either contracted on the clients behalf constitute a separate project and can be treated as a separate charge.
12: Rights of Refusal
Dorset Digital Solutions Ltd will not include in its designs, any text, images or other data which it deems to be immoral, offensive, obscene or illegal. All advertising material must conform to all standards laid down by all relevant advertising standards authorities. Dorset Digital Solutions Ltd also reserves the right to refuse to include submitted material without giving reason. Any images and/or data that Dorset Digital Solutions Ltd does include in all good faith, and then finds out that it contravenes these Terms and Conditions, the customer is obliged to Dorset Digital Solutions Ltd to remove the contravention without hindrance, or penalty. Dorset Digital Solutions Ltd is to be held in no way responsible for any such data being included.
Cancellation of orders may be made initially by telephone contact, or email, however, following this, Dorset Digital Solutions Ltd d will need formal notification in writing to the company’s postal address or by email. The client will then be invoiced for all work completed over and above the non-refundable deposit that will have been made at the time of first ordering. The balance of monies due must be paid within 30 days. Please note: any cancellation which is not formally confirmed in writing and received by Dorset Digital Solutions Ltd within 14 days of such instruction being issued, will be liable for the full quoted cost of the project.
Dorset Digital Solutions Ltd makes no warranties of any kind, express or implied, for any and all products and/or services that it supplies. Dorset Digital Solutions Ltd will not be held responsible for any and all damages resulting from products and/or services it supplies. Dorset Digital Solutions Ltd is not responsible for any loss, or consequential loss of data, or non-delivery of products or services, of whatever cause. While we take reasonable steps to investigate the materials we recommend, we accept no responsibility for the performance or quality of materials or any consequential loss arising from their failure. The customer agrees not to hold Dorset Digital Solutions Ltd responsible for any such loss or damage. Any claim against Dorset Digital Solutions Ltd shall be limited to the relevant fee(s) paid by the customer.
Dorset Digital Solutions Ltd reserves the right to use the services of sub-contractors, agents and suppliers and any work, content, services and usage is bound by their Terms and Conditions. Dorset Digital Solutions Ltd will not knowingly perform any actions to contravene these and the client also agrees to be so bound.
These Terms and Conditions supersede any previous Terms and Conditions distributed in any form. Dorset Digital Solutions Ltd reserves the right to change any rates and any of the Terms and Conditions at any time and without prior notice.