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Website Design Terms And Conditions
By placing an order with Digital Easel, you agree to be bound by the terms and conditions detailed below.
Definitions:
The Client:
The company or individual requesting the services of Digital Easel
Digital Easel:
Site Owner; The primary designers; Employees or Affiliates.
General Terms:
Digital Easel agrees to carry out work; ONLY where an agreement is provided by one of the following methods: e-mail, Telephone, verbal agreement or mail. An order is deemed to be a written or verbal contract between Digital Easel and the Client, which is to include telephone and e-mail agreements.
Site Design:
Every effort will be made to ensure that all web sites or scripts are error free, although Digital Easel cannot accept responsibility for any losses incurred due to the malfunction of a web site or any part of it.
The web site, code and/or graphics remain the sole property of Digital Easel until such a time that all accounts are settled in full.
Any scripts PHP; JavaScript remains the copyright of Digital Easel and may only be commercially reproduced or resold without the express permission of Digital Easel unless otherwise agreed.
Digital Easel cannot take responsibility for any copyright infringements caused by materials submitted by the client. We reserve the right to reject any material of a copyrighted nature, unless proof is given for the permission to use any such material.
Changes to the design brief:
Any changes to the design brief will be carried out at the discretion of Digital Easel, and where no charge is made for such changes Digital Easel will accept no responsibility for ensuring any such changes are error free, and reserve the right to charge for corrections of these additions.
Where the addition is outside the scope of the initial brief, Digital Easel will stop all work on the project until a new design brief and additional cost have been agreed.
The client agrees to make available as soon as reasonably possible to Digital Easel all relevant materials required to complete the design brief to the standard agreed and within the designated deadline if applicable. All deadline dates are on the basis that all relevant materials required have been received by Digital Easel.
Digital Easel will not be liable for losses incurred, compensation in loss of earnings as the result of a deadline not being met.
Digital Easel will not be liable or become involved in disputes between the site owner and their clients and cannot be held responsible for any wrongdoing of the part of the site owner.
Digital Easel will not be liable for any cost incurred, compensation or loss of earnings as a result of the unavailability of the site, its servers, software or any materials provided by its agents.
Compatibility:
Digital Easel will endeavour to ensure that any developed or designed site will function correctly on its servers it is initially installed on; and will display and function correctly when viewed with web browsers Microsoft Internet Explorer 6 and Mozilla web browser to an acceptable level. Digital Easel can not guarantee correct function with all web browsers, although every effort will be made.
Web site Hosting:
Digital Easel provides at your request web hosting though third party servers to host web sites (this will incur an additional charge), no guarantee can be made as to the availability of these servers. Digital Easel cannot accept liability for losses as a result of the unavailability, malfunction or interruption of the server, including loss of turnover, sales, revenue or indirect, consequential or special loss.
Payment of Accounts:
A non refundable deposit of 50% deposit is required from any new client before any work is carried out. It is the policy of Digital Easel that any outstanding accounts for work carried out are required to be paid in full within 30 days from the date of invoicing the client unless by prior agreement with Digital Easel.
Once the deposit has been paid and work completed you are obliged to settle the account in full. Digital Easel will contact the client via email and telephone to remind them of payment if not received when due.
Once the web site has been designed and completed, the final balance of payment will be then due in accordance with our payment terms, there are no exceptions to this (for example the client no longer requires the site) in the event the client decides they no longer require the website mid project, the client will be liable for payment of the work carried out to the point of cancellation. As they commissioned the work and/if paid a deposit they are still obliged to pay the remaining balance for the work carried out. Non payment will result in legal action being taken if necessary.
If accounts are not settled or Digital Easel have not been contacted as to the delay in settling the account, Access to the related site will be suspended and pages removed. The matter will then be passed to the courts to pursue payment.
Following consistent non payment my solicitors will contact the client in question, with a view to taking the matter further and where needs necessitate seek payment through legal proceedings, and if necessary a court summons.
The client remains liable for any costs incurred.