Terms & Conditions

Last updated 27.04.2016

Web Design & Hosting

GENERAL
By paying a deposit you are agreeing to these Terms and Conditions.
All images, designs and information on this website are under the copyright of Zelda de Hollander t/a DH Websites. You may not sell, publish, licence, copy, store digitally or otherwise distribute any of these designs, copy or images without the written permission of the owners.
We reserve the right to refuse service to anyone for any reason at any time.
Prices for our products are subject to change without notice.

Any typographical, clerical or other accidental errors or omissions in any sales literature, quotation, price list, acceptance of offer, invoice or other document or information issued by the Seller shall be subject to correction without any liability on the part of the Seller.
The Owners shall not be liable to the Customer for any failure, in whole or in part, to fulfil their obligations under an Order where failure arises as a result of an event or circumstances beyond his control, which may include (but are not limited to) equipment failure, inclement weather, illness or injury. The Owner shall be entitled to sub-contract his obligations under an Order at their discretion.

We mark our website designs with a small hyperlink in your footer. If you wish to have this removed, please contact us directly.

The provisions of these Terms and Conditions are in addition to and do not affect the Buyer’s statutory rights as a consumer.

QUOTATION
We supply you with the Quotation on the basis that estimates of our costs and expenses shall not be binding. We shall try wherever possible as the Work progresses to update you on costings and to seek your approval where any estimate is likely to be exceeded. Any changes to the original instructions may result in a revised quotation being issued.
Quotations are valid for 30 days.

CHARGES & PAYMENTS
Payment can be made through a number of methods; BACs transfers, cheques and cash.
Deposits for website design and Photography are 50% of your bespoke package and is non-refundable, work commences after the first initial payment is received. We expect final 50% payment within 7 days of your website completion date.
DH Websites holds the right to remove your website from public view and to cease your contract when payment has not been made.

If you do not provide us with any (or requested) information for your website, we reserve the right to stop working on your project until we find a suitable time to commence .
If you have not paid your 50% deposit, DH Websites reserves the right to not begin any work.

You may request us to change, reject, cancel or stop any and all plans, schedules or Work in progress and we shall take all possible steps to comply provided that we can do so within our contractual obligations with media and suppliers. In the event of any cancellation or amendment it will be necessary for you to reimburse us for any charges or expenses to which we are committed and also to pay our fees covering these items.

Our fees for the Work will be specified in our Quotation. We reserve the right to increase our rates on notice to you if we incur any increased cost directly associated with the Work which was not anticipated in our Quotation.

Unless DH Websites receive your payment by the due date, we will not be able to pay your domain renewal and hosting costs on time and your site or sites will be disconnected and emails suspended without warning or notice. The effect of this will be that your site or sites will not be viewable by the public, emails cannot be received or sent and search engines will assume your site has closed down, potentially deleting it from their listings.

MAINTENANCE & SUPPORT
We accept that certain details regarding your business, such as telephone numbers and email addresses, sometimes change, and that the details placed in a proof are liable to change. To this end we will amend smaller details such as these as part of our construction package.

This policy applies throughout your contract with DH Websites: if a minor detail needs to be amended, we are more than happy to do so, free of charge. Larger changes, such as the creation of a new page or introduction of a new feature on your site, or the sourcing/changing of images are not covered by this policy and must be paid for.

Additional Work carried out on your website will be charged at our standard hourly rate.

DOMAIN REGISTRATION
If DH Websites registers any domain names on your behalf they will be registered in your name or company name and will therefore be owned by you. It is your responsibility to ensure that any fees due in respect of the domain name are paid promptly; otherwise you may lose the right to that domain name, any domain names housed in our accounts will be invoiced no less than 14 days prior to the renewal date.

WEBSITE HOSTING
1 Years Hosting begins from day 1 of purchase/work beginning, whether your website is live or not.
Website Hosting is invoice 1 month / 30 days prior to the renewal date. If you wish not to proceed with our website hosting services, please contact us before 14 days prior to the renewal date.

COPYRIGHT
Copyright in all Material is retained worldwide by the Designer at all times and nothing shall be deemed as a release, transfer, assignment or other disposal of the Designer’s rights in the Material.
The 1988 Copyright Act assigns the copyright of the photographs to The Designer(s). It is therefore contrary to the Act, and illegal, to copy photographs, or allow to be copied, by any means photographic or otherwise, by any person or machine other than by The Designer(s) or their appointed agents.

All ideas, visuals, imagery, designs and code remain copyright of DH Websites until final payment.

We cannot take responsibility for any copyright infringements caused by materials submitted by the client. We reserve the right to refuse any material of a copyrighted nature unless adequate proof is given of permission to use such material.

COMPATIBILITY
We will endeavour to ensure that any developed/designed site or application will function correctly on the server it is initially installed in and that it will function correctly when viewed with current versions of browsing software and to a functional level where possible with older versions. DH Websites can offer no guarantees of correct function with all browser software.

ADDITIONAL SOFTWARE
It is your responsibility to ensure that you have the appropriate software, valid software licences and computer hardware that you might need to use or operate any of the services that we provide to you.

LIABILITY
We will take every care to secure the best results in the finished product, but we accept no responsibility for imperfect work caused by defects in or unsuitability of materials so supplied or specified.

Whilst we shall use all reasonable care and skill to carry out the Work for you DH Websites has no liability to you for consequential loss which you might suffer rising out of or in connection with our services or the finished Work. Our total liability to you for other loss which you might suffer which arises out of this agreement shall not exceed the total charge which we make for the Work.

We shall not be responsible for errors or omissions in the Work or any part of it after it is approved by you.

Should any problem occur with the hosting, DH Websites will undertake to rectify the problem immediately and will continue to work on the problem until it is resolved. However, we cannot accept any responsibility for any loss of sales or business whilst the site is offline or affected by the problem. If you elect to host your site, we cannot guarantee that your site`s programmed elements will function on their servers unless they are using these components and are correctly configured, we accept no responsibility for changes in software that may affect your site due to hosting updates and changes.

To the maximum amount permitted by law, in no event shall DH Websites or its suppliers be liable for any special, incidental, indirect, punitive or consequential damages whatsoever (including, but not limited to, damages for: loss of profits, loss of confidential or other information, business interruption, personal injury, loss of privacy, failure to meet any other duty (including of good faith or of reasonable care), negligence, and any other pecuniary or other loss whatsoever) arising out of or in any way related to the use or inability to use your website, hosting, software or any service provided by DH Websites.

It is your sole responsibility to manage all aspects of your Website`s security in respect of credit card and personal details taken through your Website (including, but not limited to, security of details taken through website forms, emails, e-commerce facilities and any person`s details that may be held on the Website`s server).

CLIENT RESPONSIBILITIES
You agree to provide us with the specific copy, images and information we require in order to create your product, or to advise us as to where we can locate such materials. We accept no responsibility for your site not being put live/product being completed by a specific date if we are unable to secure necessary and/or suitable information and/or materials from you. If you cannot supply the information you wish to feature in your product we will do what we can to obtain it, but we accept no responsibility for errors, omissions or discrepancies which may be present on the final product, as these may arise through our lack of specialist knowledge regarding the content of your product. The time taken to compile the data, as well as any time required to correct errors, omissions or discrepancies, which have arisen through you’re not providing us with adequate materials, will be charged to you at our standard rate. We accept no responsibility for the delay caused in providing you with the final product as a result of your supplying us with insufficient or unsuitable materials.

You agree that your copy and imagery will not violate any rights of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your copy will not contain libellous or otherwise unlawful, abusive or obscene material. We take no responsibility and assume no liability for any comments posted by you or any third-party.

CANCELLATION, REFUNDS & CONTRACT TERMINATION
To cancel, you can email us or write to us within seven working days (so not including Saturdays, Sundays or public holidays) commencing the day after the day of delivery of you item(s). Complaints or claims must be notified to us in writing as soon as possible. If you have a question or a complaint, please contact us.

Our contract may be terminated or suspended at any time by one of us giving the other one month`s (or such other period as we have agreed) prior written notice or if there is a breach by either of us of these Terms and Conditions of Business and the party in breach within 14 days of receiving notice from the other party asking them to do so on expiry of such notice.

Our contract shall terminate immediately if you cease to pay your debts in the ordinary course of business or cannot pay your debts.

On termination or suspension of our contract we shall immediately cease work and be entitled to require payment (which may be up to the full amount of estimate or quotation given) together with all third party expenses incurred on your behalf during this contract. On termination or suspension of our contract if any invoice remains unpaid we shall have the right to retain any of your goods and property which you may have left with us and Work carried out to date and we shall be entitled after 14 days from the date of termination of our agreement to dispose of those goods or property in a way and at a price we then see fit and to use the proceeds towards the amounts owed to us by you.

INDEMNITY
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

You shall indemnify us against any claims cost and expenses arising out of the completed Work including the alleged infringement of a third party`s copyright or other intellectual property rights or in respect of any non-compliance of the completed Work with the British Code of Advertising Practice or Statutory requirements.

If due accidents, fire, natural catastrophes or any other obstacles which we have no control, we fail to complete the Work in the manner and within the time required, we shall not be held responsible for any loss or damage which may be incurred by you as a result of such failure.

CONFIDENTIALITY
We respect your confidentiality; your personal information, contact details, login information and payment information will not be shared with any other company or individual.

You agree that we have the right to sub-contract any part or parts of the Work.

LAW
Our contract shall be governed by English Law.

Social Media, Online Marketing & Rolling Contracts

GENERAL
By paying a deposit you are agreeing to these Terms and Conditions.
We reserve the right to refuse service to anyone for any reason at any time.
Prices for our products are subject to change without notice.

Any typographical, clerical or other accidental errors or omissions in any sales literature, quotation, price list, acceptance of offer, invoice or other document or information issued by the Seller shall be subject to correction without any liability on the part of the Seller.

The Owners shall not be liable to the Customer for any failure, in whole or in part, to fulfil their obligations under an Order where failure arises as a result of an event or circumstances beyond his control, which may include (but are not limited to) equipment failure, inclement weather, illness or injury. The Owner shall be entitled to sub-contract his obligations under an Order at their discretion.

The provisions of these Terms and Conditions are in addition to and do not affect the Buyer’s statutory rights as a consumer.

QUOTATION
We supply you with the Quotation on the basis that estimates of our costs and expenses shall not be binding. We shall try wherever possible as the Work progresses to update you on costings and to seek your approval where any estimate is likely to be exceeded. Any changes to the original instructions may result in a revised quotation being issued.
Quotations are valid for 30 days.

CHARGES & PAYMENTS
Payment can be made through a number of methods; BACs transfers, cheques and cash.

Individual contracts are issued on a rolling monthly basis, or as indicated one-off costs. We issue all clients with an individual work schedule, and payment plan ahead of the contract start date.

We expect payment of your social media management or online marketing invoice within 14 days. If you have not paid a previous invoice, DH Websites reserves the right to not continue any work.

If you do not provide us with any (or requested) information for your social media, or online marketing campaign we reserve the right to limit our activity.
Our fees for the Work will be specified in our Quotation. We reserve the right to increase our rates on notice to you if we incur any increased cost directly associated with the Work which was not anticipated in our Quotation.

Additional Work carried out beyond the scope of the original issued contract will be charged at our standard hourly rate.

COPYRIGHT
All ideas, visuals, imagery, designs and code remain copyright of DH Websites until final payment.

We cannot take responsibility for any copyright infringements caused by materials submitted by the client. We reserve the right to refuse any material of a copyrighted nature unless adequate proof is given of permission to use such material.

LIABILITY
We take every care to secure the best results in the finished product, but we accept no responsibility for imperfect work caused by defects in or unsuitability of materials so supplied or specified.

We shall not be responsible for errors or omissions in the Work or any part of it after it is approved by you.

CLIENT RESPONSIBILITIES
You agree to give us relevant and time sensitive information (such as specific event dates) as soon as possible. We accept no liability for missed advertisement opportunities, or social media posts due to lack of information or notice.

You agree to provide us with the specific copy, images and information we require in order to create your contracted management, or to advise us as to where we can locate such materials. We accept no responsibility for the delay caused in providing you with the final product as a result of your supplying us with insufficient or unsuitable materials.

You agree that your copy and imagery will not violate any rights of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your copy will not contain libellous or otherwise unlawful, abusive or obscene material. We take no responsibility and assume no liability for any comments posted by you or any third-party.

CANCELLATION, REFUNDS & CONTRACT TERMINATION
Our contract may be terminated or suspended at any time by one of us giving the other one month`s (or such other period as we have agreed) prior written notice or if there is a breach by either of us of these Terms and Conditions of Business and the party in breach within 14 days of receiving notice from the other party asking them to do so on expiry of such notice.

Our contract shall terminate immediately if you cease to pay your debts in the ordinary course of business or cannot pay your debts.
On termination or suspension of our contract we shall immediately cease work and be entitled to require payment (which may be up to the full amount of estimate or quotation given) together with all third party expenses incurred on your behalf during this contract.

INDEMNITY
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

You shall indemnify us against any claims cost and expenses arising out of the completed Work including the alleged infringement of a third party`s copyright or other intellectual property rights or in respect of any non-compliance of the completed Work with the British Code of Advertising Practice or Statutory requirements.

If due accidents, fire, natural catastrophes or any other obstacles which we have no control, we fail to complete the Work in the manner and within the time required, we shall not be held responsible for any loss or damage which may be incurred by you as a result of such failure.

CONFIDENTIALITY
We respect your confidentiality; your personal information, contact details and payment information will not be shared with any other company or individual.

You agree that we have the right to sub-contract any part or parts of the Work.

LAW
Our contract shall be governed by English Law.