Web Design Terms & Conditions
Clients General
Any contract between D4DesignIT and the client will be on these conditions, to the exclusion of all other terms and conditions. Any variations to these conditions shall have no effect unless agreed in writing. The works to be carried out shall be as set out in the D4DesignIT invoice which can be found attached to the confirmation order email.
Legalities, Copyright and Intellectual Property
D4DesignIT shall expect the client to carry out sufficient research before proceeding with a website. This will include checking that the website/idea/business will operate legally. It is important that the website is not in any way illegal. Please ensure that any images or content you supply or use on your website, is legally available for you to use. We cannot be held responsible for the illegal use of images, content or format of material supplied by the client. D4DesignIT reserve the right to remove any website from its servers if it has reason to believe that it is operating illegally.
Where images used on the website have been purchased by D4DesignIT on behalf of the client, these images are restricted by license for use on the website only and are limited to 15 images per project. D4DesignIT are not liable for misuse of these images by the client or any other person’s copying, altering or distributing the images to individuals or other organisations.
D4DesignIT makes no claims that the contents of this website may be lawfully viewed or downloaded outside England and Wales. Access to this website may not be legal by certain persons or in certain countries. If this website is accessed from outside of the United Kingdom, it is done at own risk and the visitor is responsible for compliance with the relevant laws of the visitor’s jurisdiction. The terms & conditions of this website are governed by the laws of England and Wales. Jurisdiction for any claims arising in respect of this website’s content shall lie exclusively with the courts of England. If any provision of these terms and conditions is found to be invalid by any Court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these terms & conditions, which shall remain in full force and effect.
D4DesignIT cannot be held responsible for anything adversely affecting the Client’s business operation, sales, or profitability that might be claimed is a result of a service offered by D4DesignIT.
Paying for your project
We charge for the design and development of websites at various stages. When the website design is approved by you and the home page is completed, 50% is due (design payment). The final 50% is payable when the website is complete and ready to ‘go-live’ (final payment). Your website will only be switched to ‘live’ mode when it has been paid for, in full. The initial deposit payment is non-refundable after D4DesignIT has committed resource or completed research and/or design work on the client’s behalf.
D4DesignIT own all design and code of the website until final payment has been received in full.
Communication
Email is our primary method of contact with regard to all communication for your websites design and development. If you have any problems with the design or development of your website that we are unable to resolve by email, you can contact our telephone support service during UK office hours on 0784-316-3080.
It is the client’s responsibility to inform us of any change in email address so we always have valid contact details. We cannot be held liable in any way for problems relating to communication issues if we are not supplied with a valid email address.
It is important for the client to keep in contact with D4DesignIT throughout the entire project. If a client does not make contact for more than 2 weeks, we will make up to 5 attempts to contact the client by email using the email address for the client held on file. If we do not receive a response to these attempts of contact the project may be terminated, and any deposit will not be refunded. If the client wishes to postpone the project for a period of longer than 2 weeks, please contact us otherwise the project may be archived.
Website Design and Development
Design is subjective, and for this reason we offer ‘unlimited design revisions’. This means that we will continue to work with you on your design concept until you are happy with our proposal. The unlimited design revision period ends when the client accepts the design proposal and home page draft. Design changes beyond this point are subject to additional charges.
D4DesignIT will provide the client with an expected completion time frame for the project (live on the internet).
Open Source software (OSS) is publically available software that may be adapted or modified to suit particular applications. OSS may be used to help develop elements of the functionality of the client’s website to speed development and add functionality. Where Open Source software is used, the ownership of the site coding and any customisations made by the developer is still passed to the client upon final payment.
Hosting and Search Engine Optimisation
D4DesignIT will host the website if the client requires us to do so and on receipt of full payment of our hosting fees. In doing so, D4DesignIT will provide a reliable and professional service to the client at all times, excluding unavoidable technical failures.
We reserve the right to deactivate any website when the hosting has expired and the client has not paid the renewal charge.
If the client does not use D4DesignIT hosting services, then the management and hosting of the domain name are the full responsibility of the client.
If the client does not wish to renew the hosting the site files and associated data can be made available to the client free on request and the domain name can be transferred to the client’s registrar account.
D4DesignIT do not take any responsibility for a client’s website rank on search engines. This also includes any potential website downtime that can occur. When updating, changing, creating and hosting a client’s website, there could be a change in the websites search engine ranking.
Domain Names and Links
If required, a domain name can be registered by D4DesignIT on behalf of the client once we have received payment in full. The client is the legal owner of the domain.
D4DesignIT provides links or references to our client’s websites solely for the convenience of prospective customers and intends that the links it provides be current and accurate, but does not guarantee or warrant that such links will point to the intended client site at all times.
We place a small text link on the footer of our client’s website that simply states the website was designed by D4DesignIT and links to our company website. This link can be removed, if required.
For Visitors –
Please read these terms of use carefully before you start to use the site. By using our site, you indicate that you accept these terms of use and that you agree to abide by them. If you do not agree to these terms of use, please refrain from using our site.
Reliance On Information Posted & Disclaimer
the materials contained on our site are provided for general information purposes only and do not claim to be or constitute legal or other professional advice and shall not be relied upon as such.
We do not accept any responsibility for any loss which may arise from accessing or reliance on the information on this site and to the fullest extent permitted by English law, we exclude all liability for loss or damages direct or indirect arising from use of this site.
Intellectual property rights
We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
Our site changes regularly
We aim to update our site regularly, and may change the content at any time. If the need arises, we may suspend access to our site, or close it indefinitely. Any of the material on our site may be out of date at any given time, and we are under no obligation to update such material.
Our liability
The material displayed on our site is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we, and third parties connected to us hereby expressly exclude:
All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our site or in connection with the use, inability to use, or results of the use of our site, any websites linked to it and any materials posted on it, including, without limitation any liability for:
loss of income or revenue – loss of business – loss of profits or contracts – loss of anticipated savings – loss of data – loss of goodwill – wasted management or office time; and
for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, provided that this condition shall not prevent claims for loss of or damage to your tangible property or any other claims for direct financial loss that are not excluded by any of the categories set out above.
Information about you and your visits to our site
We process information about you in accordance with our privacy policy – http://d4designit.com/privacy-policy. By using our site, you consent to such processing and you warrant that all data provided by you is accurate.
Links from our site
Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. When accessing a site via our website we advise you check their terms of use and privacy policies to ensure compliance and determine how they may use your information.
Jurisdiction and applicable law
The English courts will have non-exclusive jurisdiction over any claim arising from, or related to, a visit to our site.
These terms of use and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.
Variations
We may revise these terms of use at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we made, as they are binding on you. Some of the provisions contained in these terms of use may also be superseded by provisions or notices published elsewhere on our site.
Your concerns
If you have any concerns about material which appears on our site, please contact d4designit@protnmail.com
Thank you for visiting our site.