These are the standard terms and conditions for our contracts.
Accepting the quote
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
Charges for services to be provided by Daddology Limited are defined in the project quotation that the Client receives via e-mail. Quotations are valid for a period of 7 days. Daddology Limited reserves the right to alter or decline to provide a quotation after expiry of the 7 days.
Unless agreed otherwise with the Client, all website design services require an advance payment of a minimum of fifty (50) percent of the project quotation on acceptance of the quote. A second charge of fifty (50) percent is required after the draft site is accepted and ready to go live.
Payment is due to the bank account provided on the invoices, within 7 days of invoice. The project will not commence until the first payment has cleared
Content Control
During the project, Daddology Limited will require the Client to provide website content; text, images, movies and sound files. The first version of content will be added to the website. Text and picture amends can be done by Client or under additional hours as agreed. Adding Woocommerce Products to the shop is the responsibility of Two Birds including all pictures, videos, descriptions, stock levels and attributes.
Failure to Provide Content
Daddology Limited is a relatively 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.
This is why 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 so within one week of project commencement, we reserve the right to alter the delivery date of the project. 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, 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 the WordPress content management system, you are able to keep your content up to date yourself.
Payment
Invoices will be provided by Daddology Limited upon completion of each stage. Invoices are normally sent via email; however, the Client may choose to receive hard copy invoices. Invoices are due within 7 days of 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 one and one-half percent (1.5%) or £30 per month of the total amount due.
Additional Expenses and Support
Client agrees to reimburse Daddology Limited for any additional expenses necessary for the completion of the work. Examples would be purchase of special fonts, stock photography etc. If the Client needs support in adding or configuring the website, this is provided on a best effort response basis with a typical turnaround time of 48 hours from emailed request. Support time is charged at the nominal hourly rate as specified in the quote. If a support pack has been purchased, a spreadsheet log of activity will be maintained and made available on demand. This will track support as it’s used and when this reaches an hour remaining, the Client will be notified to ensure further additional support can be topped up.
Browser and Ongoing WordPress compatibility
Daddology Limited makes every effort to ensure websites are designed to be viewed by the majority of visitors. Websites are designed to work with the most popular current browsers on web and mobile (e.g. Firefox, Internet Explorer, Google Chrome, Safari). It also Client agrees that Daddology Limited cannot guarantee correct functionality with all browser software across different operating systems.
Daddology Limited 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. If the Client upgrades the version of WordPress or Plugins, Daddology Limited is not responsible for compatibility issues caused by the upgrade. As such, Daddology Limited reserves the right to quote for any work involved in changing the website design or website code for it to work with updated browser or WordPress software.
For information the latest browser statistics showing percentage of traffic handled by each browser. Source w3schools.
http://www.w3schools.com/browsers/browsers_stats.asp
Default
Accounts unpaid thirty (30) days after the date of invoice will be considered in default. If the Client in default maintains any information or files on Daddology Limited’s Web space, Daddology Limited will, at its discretion, remove all such material from its web space. Daddology Limited 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 £25 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 Daddology Limited reasonable expenses, including legal fees and costs for collection by third-party agencies, incurred by Daddology Limited in enforcing these Terms and Conditions.
Termination
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
Indemnity
All Daddology Limited services may be used for lawful purposes only. You agree to indemnify and hold Daddology Limited harmless from any claims resulting from your use of our service that damages you or any other party.
Copyright
The Client retains the copyright to data, files and graphic logos provided by the Client, and grants Daddology Limited 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 Daddology Limited permission and rights for use of the same and agrees to indemnify and hold harmless Daddology Limited 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 Daddology Limited that all such permissions and authorities have been obtained. Evidence of permissions and authorities may be requested.
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 (via e-mail, dropbox or FTP).
Design Credit
A link to DADD (Design and Digital Development), the trading name for Daddology Limited 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 10% of the total development charges will be applied. When total development charges are less than £5000, a fixed fee of £500 will be applied. The Client also agrees that the website developed for the Client may be presented in Daddology Limited’s portfolio.
Access Requirements
If the Client’s website is to be installed on a third-party server, Daddology Limited must be granted temporary read/write access to the Client’s storage directories which must be accessible via FTP. Depending on the specific nature of the project, other resources might also need to be configured on the server.
Post-Placement Alterations
Daddology Limited 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
Domain Names
Daddology Limited may purchase domain names on behalf of the Client. 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 Daddology Limited. The Client should keep a record of the due dates for payment to ensure that payment is received in good time
General
These Terms and Conditions supersede all previous representations, understandings or agreements. The Client’s signature below or payment of an advance fee constitutes agreement to and acceptance of these Terms and Conditions. Payment online is an acceptance of our terms and conditions.
Governing Law
This Agreement shall be governed by English Law.
Liability
Daddology Limited 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 Daddology Limited 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.
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 replaced by a mutually acceptable valid, legal and enforceable provision, which comes closest to the intention of the parties underlying the invalid,
