1.1 These terms apply to all orders and services rendered from Dwane Digital. For definition purposes “orders and services” are signed purchase orders and/or confirmation of a quote accepted via email. Receipt of an order constitutes your acceptance to our terms and conditions being the only terms of the contract. Payment of your first invoice constitutes your acceptance of our terms and conditions.
1.2 Your agreement and business relationship is with Dwane Digital for the length of your project and any ongoing services after.
1.3 Quotations must be accepted in writing and orders are accepted subject to our right to adjust prices due to an increase in wages, taxation, production costs or other reasonable increases. Dwane Digital will carry out the specified work within the quotation document. Quotations are valid for 30 days only. If after 30 days a quotation has not been approved/declined, a new quotation will be given based on a re-evaluation of the work required.
2. Invoicing & Payment
2.1 Unless otherwise agreed, out standard invoicing terms for our web development packages are: a 50% upfront non-refundable deposit to be paid before work commences. Work will only commence upon the clearance of these funds. A further 25% will be invoiced upon your receipt of a final proof link and no further work will be carried out until the clearance of these funds. The final 25% will be invoiced upon sign off. If there are no requests for amendments and/or the client fails to provide content within 28 days, the final 25% will be invoiced and is payable. All website invoices must be paid in full prior to go-live. Other services such as SEO, Branding and Hosting are to be paid in full within 14 days (see section 2.2)
2.2 Dwane Digital do not offer any credit terms. Invoices are payable within 14 days of the dated invoice and any late payments will incur a cost of 5% per month above the Bank of England base rate. Dwane Digital reserves the right to take down any website due to an overdue account or unpaid invoices without notifying the client before hand.
2.3 We accept payments via BACS, CHAPS transfer or cash only.
2.4 Clients must raise objections to invoices within 48 hours of the date of invoice. Failure to object within this time period is deemed as acceptance of the invoice received.
2.5 We reserve the right to refuse ccompletion and/or delivery of work until past balances have been settled.
3. Website Development
3.1 A project brief or scope will be agreed prior to work commencing. Clients must at their own expense supply Dwane Digital will all necessary materials and information to provide the services within the order including text, images and any other information that is required. We request all assets and content for a project to be supplied at the start of a project. Dwane Digital cannot be held responsible for delays to a project caused by a lack of information, content and/or sign off.
3.2 We maintain the right to refuse any material which may be deemed offensive, abusive, defamatory, obscene or in any breach of copyright, privacy or in any way thought to be unsuitable for reproduction. We accept no responsibility for the content of a client’s website or printed material.
3.3 Dwane Digital retains the title to all goods/designs/websites created for you until full and final payment is received. All visuals and other deliverables created in the course of performing the services not used in the final product or website will belong to Dwane Digital and the client shall not obtain any rights therein. Deliverables are defined as final, print ready artwork files such as PDFs and/or a final website in it’s browser form. In all instances the client owns the IP of the final designs and content of any website after full and final payment. The source code will remain the intellectual property right of Dwane Digital indefinitely. If a client requires transfer of IP of source code, this will be agreed separately alongside agreement of a reasonable compensation for the privilege.
3.4 A project’s official start date is the date your first payment clears and that the funds are accessible in our bank account. Estimated delivery dates are not guaranteed. We try our best to meet these deadlines, however we can not be held liable if the project is delayed due to issues beyond our control such as; delay in client passing on content to the project manager, technical issues, employee sickness, 3rd party issues, changes to the brief, force majeure.
3.5 Your website footer will contain a discreet link back to our website. If you wish for this to be removed it must be agreed before commencement of your project and there will be a charge of £250 for this request. You also agree to allow Dwane Digital to place work samples on our own website for use in our own promotion.
3.6 We will test all of our websites in current versions of major browsers, including those made by Apple, Microsoft, Google and Mozilla. We will test to ensure that pages will in a similar way visually but not necessarily identical.
3.7 We will not test websites in old or abandoned browsers unless otherwise specified. If this is required, we will charge an hourly rate of £30 per hour for any necessary additional code and testing.
3.8 We reserve the right to assign subcontractors in whole or as part of a project if needed
3.9 We do our best to create pages that are accessible to search engines. However, we can give no guarantee that the site will have a high search ranking if you do not choose to invest in search engine optimisation post launch.
3.10 If an error or issue with the proposed design arises during the project which does not allow the design/code to match the original specification, then you agree that we can apply the nearest available solution.
3.11 A warranty period of 14 days is applicable after the website has gone live for any bugs to be reported and fixed free of charge. Any issues that arise from user error or as a result of actions by a user are not classified as bugs and will be fixed at an hourly rate of £30 per hour.
4. Domains & Hosting
4.1 In our design packages we offer a domain name registered for one year. This has a maximum value of £9.99. We cannot guarantee any domain name that you request will be available but we will look for the closest possible alternative.
4.2 If the client has purchased a domain name you must be able to manage the DNS settings and repoint the ‘A’ and ‘WWW’ records to our web server IP address which will be provided to you. If you require assistance to do this there will be an admin charge of £35. We cannot accept responsibility for failure to repoint the domain name or being unable to work with your chosen domain host.
4.3 In the instance of website hosting, it is assumed that a website is hosted with Dwane Digital unless otherwise agreed in advance. Should you wish to terminate a hosting agreement it must be provided in writing in accordance with these terms and conditions. Migration of a hosted website to an alternative hosting provider will incur an admin fee for preparing any files and backups of the database which will be supplied by digital delivery. We cannot be held responsible for installing a website on a third-party server and/or ensuring the website works on said third party server. The associated admin fee for migration will not exceed £380 and will be confirmed upon request if the occasion arises. However, in reference to clause 3.3 and where any bespoke coding has been created by Dwane Digital, a figure will be negotiated to sell the IP of that website or code to a client.
4.4 Hosting will be suspended if payment is not cleared within 14 days of receiving an invoice. After 28 days has passed the account will be terminated which will include the removal of all website files, email addresses and all associated media and services attached to the account. Retrieval of the account will incur admin charges of £200 (plus any hosting cost) and normal service and functionality will be restored. Dwane Digital cannot be held responsible for any loss of emails, website traffic and/or loss of earnings due to late hosting payments during the time of the hosting suspension. If a client would like to move to a new hosting provider Dwane Digital must be notified no later than 14 days after receiving an invoice. Account migration will incur an admin fee of up to £380 (see clause 4.3). Backups can be provided at a flat rate of £50 and sent via digital delivery.
4.5 Although we do our very best to protect your data we cannot guarantee the security of unauthorised access from hackers, malware, viruses, bots etc. Under no circumstances is Dwane Digital to be held liable for the loss or compromised content of customer data. All clients are recommended to keep a backup copy of the content and data hosted on any of our server related services.
5. General Terms
5.1 This agreement may be terminated by either Dwane Digital or you providing written notice is given to the other party in a reasonable time frame, which is defined as a minimum of 30 days. Upon cancellation of any project or job, Dwane Digital reserves the right to invoice for all work carried out until such time as you have withdrawn a contract. You will be liable for any third party costs incurred prior to cancellation of the contract.
5.2 Complaints must be made at the time of receiving printed goods and any complaints thereafter 24 hours are void. For any other work, complaints must be raised in a timely and constructive manner to your project contact in writing. Dwane Digital will endeavour to respond to and rectify any reasonable issues arising quickly and efficiently.
5.3 Dwane Digital does not implicitly offer exclusivity to any client for their defined industry. If this is required an acceptable fee and reasonable duration will be negotiated on a case-by-case basis.
5.4 Dwane Digital warrants and represents to the Client that it will perform its obligations under these Terms with reasonable skill and care. Our liability for loss or damage suffered by you in respect of goods or work carried out shall be limited to the contract value of the goods. In respect of websites being taken down in the event of overdue accounts, we accept no responsibility for damages (indirect or direct, loss of profits, revenue or goodwill of the client) and any claim will be void. Nothing in these terms and conditions shall affect the rights of the consumer.
5.5 We reserve the right to terminate the project at any time without prior notification if you breach this agreement and no refunds will be given in such a situation.
5.6 You cannot transfer this contract to anyone else without our permission. If for some reason one part of the contract becomes invalid or unenforceable, the remaining parts of it remain in place.
5.7 We reserve the right to make changes to these Terms and any adjustments will be provided in writing to you.
5.8 This contract between ourselves the Company and the Client shall be governed by and construed in accordance with English Law.
Updated - 01/10/2019