VERSION 6 – 1st May 2016
All services provided by St Albans Digital Media Limited Trading as Get Ready for Digital are subject to the following terms and conditions:
1.0 General
1.1 All prices quoted exclude VAT.
1.2 Invoices will normally be issued electronically. If the customer wishes to receive hard copy invoices this must be requested in writing.
1.3 Invoices are due for payment within 15 (fifteen) days. Accounts that remain unpaid after 30 (thirty) days, unless agreed prior to work commencing, from the invoice date may incur a service charge of £25 or 1.5% (one and one-half percent) of the invoice amount, whichever is greater.
1.4 Get Ready for Digital’s preferred method of payment is by bank transfer. Get Ready for Digital may make an additional charge for payments not made by bank transfer, to reflect the increased cost of processing such payments.
1.5 Get Ready for Digital reserve the right to charge a 2.5% surcharge for all payments made by Credit/Debit card.
1.6 Accounts that remain unpaid 40 (forty) days after the date of invoice will be considered to be in default. In such circumstances Get Ready for Digital reserve the right to suspend access to any Customer information held or maintained by Get Ready for Digital. A charge may be incurred by the Customer for reinstating access to such Customer information.
1.7 Where accounts remain unpaid 60 (sixty) days after the date of the invoice, Get Ready for Digital reserve the right to permanently delete or remove any and all Customer information (including domain names) maintained by Get Ready for Digital. Get Ready for Digital is not responsible for any loss of data incurred due to the removal of the service, including the loss of a domain name. Removal of such material does not relieve the Customer of the obligation to pay any outstanding charges on the Customer’s account.
1.8 Cheques returned for insufficient funds will be assessed a return charge of £25 and the Customer’s account will immediately be considered to be in default until full payment is received.
1.9 Customers with accounts in default agree to pay Get Ready for Digital reasonable expenses, including legal fees and costs for collection by third-party agencies, incurred by Get Ready for Digital in enforcing these Terms and Conditions.
1.10 Where the value of the work to be carried out by Get Ready for Digital is less than £395 full payment will normally be required in advance.
1.11Where the value of the work to be carried out by Get Ready for Digital exceeds £395, we reserve the right to request phased payments. In these cases we will normally request 50% of the total estimated cost before work commences, 40% at a mid-stage of the project and the remaining 10% upon receipt of the customer’s signed approval that the project has been completed to their satisfaction.
1.12 Get Ready for Digital accepts no liability for loss or damage caused by any work carried out by Get Ready for Digital. Although our work is fully tested, we take no liability for loss of service or business caused by faults within our software, any external software or any 3rd
software, supplier or service.
1.13 Design and structure proofs will be provided to the customer for approval. Development work will only commence once approval has been given and the design concept signed off by the customer. Significant changes to the design or structure requested after the initial design sign-off will be subject to an additional charge.
1.14 Get Ready for Digital will not carry out any work that may increase the quoted price without notifying the customer beforehand and obtaining approval for any additional charges.
1.15 Quotations are valid for a period of 30 (thirty) days. Get Ready for Digital reserves the right to alter or decline to provide a quotation after expiry of the 30 (thirty) days.
1.16 Instructions by the customer to terminate the services must be made in writing 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 Customer will be invoiced for any work completed to the date of first notice of termination.
1.17 The Customer retains the copyright to data, files and graphic logos provided by the Customer, and grants Get Ready for Digital the rights to publish and use such material. The Customer must obtain permission and rights to use any information or files that are copyrighted by a third party. The Customer is further responsible for granting Get Ready for Digital permission and rights for use of the same and agrees to indemnify and hold harmless Get Ready for Digital from any and all claims resulting from the Customer’s negligence or inability to obtain proper copyright permissions. Acceptance of these Terms and Conditions shall be regarded as a guarantee by the Customer that all such permissions and authorities have been obtained. Get Ready for Digital reserve the right to request evidence of permissions and authorities obtained by the customer.
1.18 These Terms and Conditions supersede all previous representations, understandings or agreements. Acceptance of a quotation and or payment of an advance fee constitute an agreement to and acceptance of these Terms and Conditions.
1.19 Get Ready for Digital reserve the right to alter these Terms and Conditions at any time and without notice. The most up to date version of these Terms and Conditions will always be available on the Get Ready for Digital website.
1.20 Get Ready for Digital reserve the right to terminate any accounts where Get Ready for Digital considers that the customer has made unreasonable, inappropriate or illegal use of any of the services provided by Get Ready for Digital.
1.21 This Agreement shall be governed by English Law.
2.0 Website Design
2.1 Sites are system tested by Get Ready for Digital prior to delivery. However, it is strongly recommended that the customer fully tests the site before going live.
2.2 Changes that are outside of the pre-defined page structure that is not content manageable will be treated as a
change request and quoted for separately.
2.3 All content and images are to be supplied by the customer unless otherwise agreed.
2.4 Where images used on the website have been purchased by Get Ready for Digital on behalf of the Customer, these images are strictly for use on the website only. Get Ready for Digital are not liable for misuse of these images by the Customer, or the copying, altering or distribution of the images by any other person or organization.
2.5 Get Ready for Digital owns all design and code of the website until final payment has been received in full. Once final payment is received the Customer will then own the design and code of the website, unless Open Source Software is used.
2.6 The customer is licensed to install and use any administrative features of the site that are part of the FL1.NET
framework.
2.7 Product or Stock data entry is not usually performed as part of the design and development of the site (unless
otherwise stated). This also includes modification and enhancement of product or stock images.
2.8 Any faults or minor corrections are covered free of charge for 30 (thirty) days after the site has been authorised to go live, with any further changes or modification being covered under any support and maintenance time purchased.
2.9 Where maintenance time has not been purchased, any changes or modifications carried out after the site is
authorised to go live are charged on an hourly basis at standard rates.
2.10 Get Ready for Digital will provide the Customer with an opportunity to review the appearance and content of the site during the design and on completion. At the completion of the project, all work will be deemed to be accepted and approved by the customer unless notified to Get Ready for Digital within 10 (ten) days of the date the materials are made available to the Customer.
2.11 Get Ready for Digital does not accept any responsibility for any alterations or deletions made to a Customer’s website by a third party.
2.12 Get Ready for Digital will use all best endeavours to install and publicly post or supply the Customer’s web site by the date specified in the project proposal, or if no such date is specified, within 8 (eight) to 12 (twelve) weeks of the date initial payment is received from the Customer, unless a delay is specifically requested by the Customer and agreed to by Get Ready for Digital .
2.13 The Customer agrees to nominate a single individual as the main point of contact during the project, to aid Get Ready for Digital with progressing the project in a satisfactory and expedient manner.
2.14 Unless otherwise specified in the project quotation, this Agreement assumes that any text will be provided by the
Customer in electronic format (ASCII text files delivered on CD 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 or .tiff format. Although every reasonable attempt shall be made by Get Ready for Digital to return to the Customer any images or printed material provided for use in the creation of the Customer’s Web site, such return cannot be guaranteed.
2.15 During the project, Get Ready for Digital will require the Customer to provide content and images. If the content is not provided within 4 (four) weeks of an official request by email then Get Ready for Digital reserves the right to amend any agreed Delivery schedules.
2.16 The Customer agrees to a link to Get Ready for Digital appearing in either small type or a small graphic at the bottom of the Customer’s Web site. If a graphic is used, it will be designed to fit in with the overall site design.