Terms of Service
You indicate acceptance of these terms of service by placing an order with DT Design. These terms and conditions will not be varied for individual customers.
Definitions
As used herein and throughout this Agreement:
“CLIENT” means the person and/or company DT Design provides services to.
“Agreement” means the entire content of this terms of services document, or any Proposal document(s), Schedule(s), together with any other Supplements designated below, together with any exhibits, schedules or attachments hereto.
“Content” means all materials, information, photography, writings and other creative content.
“Copyrights” means the property rights in original works of authorship, expressed in a tangible medium of expression, as defined and enforceable under UK and International Copyright Law.
“Deliverables” means the services and work product to be delivered by DT Design to the Client, in the form and media specified in any Proposal or agreement.
“Services” means all services and the work product to be provided to the CLIENT by DT Design as described and otherwise further defined in any Proposal or agreement.
“Trademarks” means trade names, words, symbols, designs, logos or other devices or designs used in the Final Deliverables.
“Open Source Software” means computer software that is available in source code form for which the source code and certain other rights normally reserved for copyright holders are provided under a software license that permits users to study, change, and improve the software.
“Ongoing Management” means the ongoing work to keep the website functioning and secure. This includes, but is not limited to: data management, backups, maintenance, upgrades and software patches.
Introduction
This document defines the general terms and conditions of working relationships between DT Design and it’s Client’s. Unless otherwise agreed to in writing by both the parties, the terms will commence on the date of the start of provision of services to the client. These terms may be updated at any time and it is the CLIENT's responsibility to make sure they are up to date with DT Design's current terms of service. DT Design cannot be responsible for informing every client of every change to their terms every time this happens.
All services that DT Design may be contracted to produce or provide any clients (the same terms apply even if a written contract is not in place) will be subject to the following:
Authorisation
The CLIENT authorises DT Design to perform the services on the CLIENTS’ behalf, which may include, but is not limited to, accessing their hosting account and disk space, creating databases and applications, and submitting the project to search engines.
Agreement Scope and Period
Services supplied, costs and rates are limited to what is specifically set forth at the outset of the provision of services. We reserve the right to adjust our service and rates at any time.
Costs and Fees
Changes and additions outside of the scope of this document will be quoted and invoiced to the CLIENT. Fees for professional services do not include outside purchases such as, but not limited to, software licensing, copyright licensing, printing, photography, colour printouts, laminating, illustrations, shipping and handling or courier service. Expenses are itemised on each invoice.
Production Schedules
Production schedules will be established and adhered to by both the CLIENT and DT Design. Unless a clear delivery or live calender date is defined at the outset of a project or service to be provided by DT Design, a guide time will be given for completion of the project based upon the information supplied by the CLIENT. This guide time can change if the information supplied by the CLIENT is incorrect and DT Design accepts no responsibility for any financial losses, incurred charges or any other inconvenience caused to the CLIENT if these guide times do vary.
Where production schedules are not adhered to by the CLIENT, final delivery date or dates will be adjusted accordingly. Additional costs may be charged for CLIENT delays, if the delays result in an increase in time to manage or deliver the services.
Overtime
Estimates are based on a reasonable time schedule, and may be revised to take into consideration the CLIENT’s requested “Priority Scheduling”. Requested priority schedules that require overtime and weekend work will be subject to 60% markup at an hourly rate.
Overtime is defined as between 6.00pm - 9.00am Monday to Friday, all day Saturday, Sunday and public holidays, unless otherwise agreed.
Payment
1. The CLIENT agrees to pay DT Design in accordance with the terms specified in each proposal/estimate. Unless otherwise specified the CLIENT will be required to pay 30% of the project cost before commencement of work. Unless otherwise specified, all subsequent balances due are payable upon completion of key stages of the project.
2. If the CLIENT fails to pay any invoice, or indicates in any way that it is their intention not to pay for services provided by DT Design, DT Design reserves the right to withdraw the website and any associated services or materials, including hosting, email and domain name provisions or refuse completion and/or delivery of work until past due balances are paid. All materials or property belonging to the CLIENT, as well as work performed, may be retained as security until all just claims against the CLIENT are satisfied. DT Design will charge a late payment fee of 5% per month on the outstanding amount. The CLIENT is responsible for any debt collection fees which may come due.
3. In the event of cancellation of the project prior to completion, the CLIENT must pay DT Design a fee for work completed, based on the contract price and the expenses already incurred.
Confidentiality
DT Design will not disclose to any third party or use, other than for the purposes of this agreement, any knowledge or information imparted to or obtained by it during or in connection with the fulfilment of this agreement, which is of a secret or confidential nature relating to the business, equipment, processes, products, services or business strategies offered or employed by the CLIENT.
This obligation of confidence will cease to apply in relation to information that DT Design is required to disclose by any law, or which becomes part of the public domain other than as the result of a breach by DT Design of its obligations of confidence under this Agreement.
Subcontractors
DT Design reserves the right to assign subcontractors or external suppliers. Any subcontractors or external suppliers will be bound to the terms of this agreement.
Promotion
DT Design is confident that the CLIENT’s expectations will be exceeded and as such is notifying the CLIENT that DT Design reserves the right to use the CLIENT’s website, associated graphics and any unused ideas and development in the promotion of DT Design’s services.
Website, Data and Security
1. Upon the end of this agreement, The CLIENT is free to transfer their website management to another service provider. DT Design will supply the last backup of the site and associated data. DT Design will take all reasonable actions to transfer the CLIENT’S domain name to a new registrar.
2. Ongoing Management (see definition) is not included in this agreement and will require an additional agreement.
3. If The CLIENT does not proceed with an additional or Ongoing Management agreement, The CLIENT is responsible for Ongoing Management of the website and indemnifies DT Design against any loss or damage arising directly or indirectly from website downtime or security breaches.
Client Responsibilities
If the CLIENT or an agent of The CLIENT other than DT Design attempts to update, edit or alter the site’s pages, infrastructure, source files or hosting management in a way that causes damage to individual pages or the site’s architecture, time to repair web pages will be assessed at our STANDARD or OVERTIME hourly rate, and is an additional cost above the costs outlined in this agreement.
Termination
1. DT Design shall have the right to terminate this agreement if:
(a) The Client are in breach of their obligations set out in these Terms; and/or
(b) The Client fail to approve the website without reasonable cause within a reasonable period; and/or
(b) The Client demands unreasonable changes (determined at DT Design’s discretion) to the agreed brief, designs or websites after work on the project has commenced.
2. The Client may terminate this agreement immediately at any time by providing written notice of termination to DT Design by email (with confirmed receipt), post or fax (with confirmed receipt) stating that The Client wishes to terminate this agreement, DT Design will not be required to make any refund to The Client or give credit for any uncompleted element of the services DT Design have provided. However, The Client will be invoiced and required to pay for any work that has been completed up to the date of the confirmed receipt of the termination request on the project so far to DT Design.