Terms & Conditions

The following terms and conditions apply to all services provided by Dentons Digital to the Client.

Definitions

• The Client: The company or individual requesting the services of Dentons Digital.
• Dentons Digital: Primary designer & developer.
• The Project: Web design, software development or other digital marketing related services being provided to the Client by Dentons Digital.
• Project Completion: Completion of components outlined in project breakdown.
• Launch: Upload to the server or release of materials to the Client.

Acceptance

• It is not necessary for any Client to have recorded an acceptance of these terms and conditions for them to apply. If a Client accepts a quote and subsequently pays a deposit then the Client will be deemed to have satisfied themselves as to the terms applying and have accepted these terms and conditions in full.
• Please read these terms and conditions carefully. Any purchase or use of our services implies that you, the Client, have read and accepted our terms and conditions.

Agreement

• Dentons Digital will carry out work only where an agreement is provided either by email, telephone, or in person. An ‘order’ is deemed to be a written or verbal contract between Dentons Digital and the Client. This includes telephone and email agreements.
• Please ensure that you read the project design, breakdown, quote and terms and conditions contained in the agreement properly, ensuring that all details of the work are included, understood and mutually agreed on.

Timeframes

• Unless otherwise agreed upon with the Client, the timescale for completion of work can vary, depending on the scale of the work. Timeframes for the project will be discussed with the Client at the project start meeting before work on the project commences. Dentons Digital will do their best to complete the project as soon as reasonably possible.
• For a high standard of quality to be produced, please allow sufficient time for the project to be completed.

Content

• During the project, Dentons Digital will require the Client to provide website content: text, images, movies and sound files. Dentons Digital is a small business and to remain efficient we must ensure that work we have scheduled is carried out at the relevant time. On occasions we may have to reject other work offers in order to ensure that the Client’s work is completed at the time arranged.
• In the interests of a smooth process we ask that the Client provides all the required information and content to be supplied in advance of the project beginning.
• If the required material and information is not forthcoming in the agreed time frame then delays will inevitably result. If your project involves Search Engine Optimisation or Content Writing we need to have the SEO & Content Writing Brief documents completed and returned in advance so that the work can be planned and completed efficiently.
• If you agreed to provide us with the required information and subsequently find yourself unable to do so within the time frame agreed at the project start meeting, an account manager may contact you to offer further support services to help drive the project forward.
• Please Note: Text content should be delivered as a Microsoft Word, email (or similar) document, with the pages in the supplied document clearly annotated as to which website pages they apply to. Contact us if you need assistance or clarification on this.
• On completion of the website the Client will have full access to their site’s content management system which will enable them to update the page content themselves. Training can be provided to support you with using your new content management system.

Standard Media Delivery

• Unless otherwise specified in the project quotation, the Agreement assumes that any text for the website will be provided by the Client in electronic format, and that all photographs and other graphics will be provided electronically in .gif, .jpeg, .png or .tiff format. Although every reasonable attempt shall be made by Dentons Digital to return to the Client any images or printed material provided for use in the creation of the Client’s website, such return cannot be guaranteed.

Web Design

• Whilst every endeavour will be made to ensure that the website and any scripts or programs are free of errors, Dentons Digital cannot accept responsibility for any losses incurred due to malfunctions occasioned by the Client making changes using the CMS system or any part of the website.
• The website, graphics and any programming code remain the property of Dentons Digital until all outstanding accounts are paid in full.
• Dentons Digital 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.
• Any additions to the brief will be carried out at the discretion of Dentons Digital. Where no charge is made by Dentons Digital for such additions, Dentons Digital accept no responsibility for ensuring such additions are error free; we also reserve the right to charge an appropriate amount for any corrections to these or further additions.
• The Client agrees to make available as soon as is reasonably possible to Dentons Digital all materials required to complete the website to the agreed standard and within the set deadline.
• Dentons Digital will not be liable for costs incurred, compensation or loss of earnings due to the failure to meet agreed deadlines.
• Dentons Digital will not be liable or become involved in any disputes between the site owner and their Clients, and cannot be held responsible for any wrongdoing on the part of a site owner.
• Dentons Digital will not be liable for any costs incurred, compensation or loss of earnings due to the work carried out on behalf of the Client or any of the Client’s appointed agents.
• Dentons Digital will not be liable for any costs incurred, compensation or loss of earnings due to the unavailability of the site, its servers, software or any material provided by its agents.
• Once a website has been designed and completed the hosting agreement will begin, and the first of the agreed monthly payments will be due. The amount may vary due to storage space, ongoing support time required, or website 3-month MOT requirements.
• If the Client decides they no longer want the site once they have commissioned the work and paid a deposit they are still obliged to pay for the work that has been done. Non-payment will result in legal action being taken if necessary. There are no exceptions to this.

Client Review

• Dentons Digital will provide the Client with an opportunity to review the appearance and content of the website during the design phase and once the overall project development is completed, but before upload to a server or release of the materials to the Client.
• The Client will be permitted a maximum of 3 (three) rounds of amendments during both phases of the website project. Any further amendments required outside of this allowance may incur charges at our standard hourly rate.
• From the date of launch the website will have a 30-day snagging period. In these 30 days we will fix any bugs or problems that arise free of charge. This does not include requests to add new content, imagery or functionality.

Database, Application and E-Commerce Development

• Dentons Digital cannot take responsibility for any losses incurred by the use of any third party software programmes, applications and/or plugins used for the Client. Whilst every care has been taken to ensure products are problem free and accurate, the ultimate responsibility lies with the Client in ensuring that all software is functioning correctly before use.
• Where applications or sites are developed on servers not recommended by Dentons Digital, the Client is expected to provide or seek any information, additional software, support or co-operation pertaining to the server required in order for the application to be correctly developed. Where large applications are to be developed, Dentons Digital will provide a suitable testing environment which is identical to the final production environment.
• The Client is expected to test fully any application or programming relating to a site developed by Dentons Digital before being made generally available for use. Where “bugs”, errors or other issues are found after the site is live, Dentons Digital will endeavour (but is not obliged) to correct these issues to meet the standards of function outlined in the brief within a three-month testing period.

Additional Work and Expenses

• If the Client requests design mock-ups of their project before the project commences, this service can be provided for an additional cost.
• Any changes that need to be made to the project breakdown and quote given must be confirmed immediately, before final approval. Any changes made after approval – including designs and any other materials – will incur an additional charge.
• Any additional work required by the Client on a previously completed project will be considered as a separate project and will therefore incur charges of its own.
• The Client agrees to reimburse Dentons Digital for any additional unforeseen expenses necessary for the completion of the work. Examples would be purchase of special fonts, stock photography, plugins etc.

Web Browsers

• Dentons Digital makes every effort to ensure websites are designed to be viewed optimally by the majority of visitors. Websites are designed to work with the most popular current browsers (e.g. Mozilla Firefox, Microsoft Edge, Google Chrome, etc.). The Client agrees that Dentons Digital cannot guarantee correct functionality with all browser software across different operating systems.
• Dentons Digital cannot accept responsibility for web pages which do not display acceptably in new versions of browsers released after the website was designed and delivered to the Client. As such, Dentons Digital reserves the right to quote for any work involved in changing the website design or website code for it to work with updated browser software.

Charges

• Charges for services to be provided by Dentons Digital are defined in the project quotation that the Client receives via e-mail. Quotations are valid for a period of thirty (30) days. Dentons Digital reserves the right to alter, or decline to provide, the quotation after expiry of the thirty (30) days. Prices quoted are only an estimate, and may be subject to change during the process of design and build. This can be caused by the Client choosing to amend any aspect of their requirements, or any third party costs which are incurred beyond Dentons Digital’s control.
• Any charges incurred by international payments or international bank transfers are not the responsibility of Dentons Digital. Therefore, any such charges must be paid, by the Client, in addition to the amounts invoiced by Dentons Digital. Consequently, Dentons Digital does not accept ‘shared charges’ for international bank transfers or international payments.
• If the process for designing and building website is inactive due to no response from the client for 3 or more months Dentons reserves the right to put the project on hold. There will be admin fee of £170+VAT to take the project off hold and recommence the website design and build process.
• If a website is on hold for more than 12 months there may be additional fees to update the website to reflect changes in web design and development trends and methods.

Payment of Accounts

• Unless agreed otherwise with the Client, for projects worth less than £500 full payment is required before work begins on the project.
• Payment Terms: For projects with Dentons Digital, payments are due in accordance with project stages. These payments are owed as follows, and, in the event of cancellation or delay, stage fees will be retained from monies already paid or invoiced to cover the work completed:
  • 10% Deposit: Non-refundable, due before project commencement.
  • 10% Payment after PSM: Due following the Project Start Meeting (PSM).
  • 40% at Concept Stage: Due at the commencement of the concept phase.
  • 30% at Build Phase: Due at the commencement of the build phase.
  • 10% at Publishing Phase: Due upon the start of the publication phase.
• Projects Valued at £5,000 or More: Tailored payment plans will be provided for larger projects, accommodating the scope and specifics of the project.
• Any additions or amendments outside of the project breakdown, which are required by the Client, will not extend the deadline of the payment of the remaining balance.
• Any additions or amendments outside of the project breakdown, which are required by the Client, will not extend the deadline of the payment of the remaining balance.
• Any delays to the estimated project timeframe which are caused by the Client, will not extend the deadline of the payment of the remaining balance.
• Any delays to project completion which are caused by the Client, will not extend the deadline of the payment of the remaining balance.
• Payment for services is due by bank transfer, debit/credit card or direct debit. Dentons Digital Bank details will be made available on invoices.
• Invoices will be provided by Dentons Digital upon completion, but before publishing the live project. Invoices are normally sent via email however the Client may choose to receive hard copy invoices. Invoices are due upon receipt.
• It is Dentons Digital policy that any outstanding accounts for work carried out by Dentons Digital are required to be paid in full, no later than thirty (30) days from the date of the invoice unless by prior arrangement with Dentons Digital.
• Accounts that remain unpaid thirty (30) days after the date of the invoice will be assessed a service charge in the amount of the higher of one and one-half percent (1.5%) or £30 per month of the total amount due.
• We will contact Clients via email and telephone to remind them of such payments if they are not received when due.
• If accounts are not settled or Dentons Digital have not been contacted regarding the delay, access to the relevant website may be denied, work carried out removed and web pages removed. We will then pass such cases to the court to pursue payment. Non-payment can result in court judgements being added to the Client’s credit rating.
• Following consistent non-payment of an invoice our Solicitors will contact the Client in question, with a view to taking the matter further, and, if need be, to seek payment through legal procedures – if necessary, a court summons.

Default

• Accounts unpaid sixty (60) days after the date of invoice will be considered in default. If the Client in default maintains any information or files on Dentons Digital Web space, Dentons Digital will, at its discretion, remove all such material from its web space. Dentons Digital is not responsible for any loss of data incurred due to the removal of the service. Removal of such material does not relieve the Client of the obligation to pay any outstanding charges assessed to the Client’s account. Clients with accounts in default agree to pay Dentons Digital reasonable expenses, including legal fees and costs for collection by third-party agencies, incurred by Dentons Digital in enforcing these Terms and Conditions.

Passing of Rights

• Once all amounts due to us from you are paid and cleared you are assigned the rights to use, as applicable, the products and services, including, the web site. This includes the text, graphics, animation, audio components and digital components contained within the finished web site, in accordance with these terms and conditions, the Project Agreement and any applicable agreement, terms or licence. However, no rights of ownership are conveyed unless specifically stated in the Project Contract.
• No such rights as described above will be enabled until all amounts due to us from you are paid. If you have not paid the invoice in full within 2 months from the date of the invoice you agree that you will forfeit your rights.
• The rights to photographs, graphics and any third-party items such as source code always remain the property of their respective owners.
• Unless you have our specific written agreement in the Project Contract all products – including Content Management Systems; interfaces; navigational devices; menus; menu structures or arrangements; icons; help; all operational instructions; scripts; cgi applications; software; programming/source code and all other components of any source or object computer code that comprises the Website; all literal and non-literal expressions of ideas that operate, cause, create, direct, manipulate, access, or otherwise affect the Content and design elements used or developed and all software; and our products and results of our services – remain our property, and we retain full ownership rights and all intellectual property rights. You specifically agree not do anything that may in any way infringe upon or undermine our rights, title, or interest in the Website or our products and services. This includes, but is not limited to, any sale, transfer or gift of the whole or of any part of any item, data or anything whatsoever that we own. You fully understand that we may reproduce, reuse, develop and use in any other way we choose, anything within our ownership.

Design Credit

• A link to Dentons Digital Website will appear in either small type or indicated by a small graphic at the bottom of the Client’s website. If a graphic is used, it will be designed to fit in with the overall site design. If a Client requests that the design credit be removed, a nominal fee of 5% of the total development charges will be applied. When total development charges are less than £5000, a fixed fee of £250 will be applied. The Client also agrees that the website developed for the Client may be presented in Dentons Digital’s portfolio and other marketing material.

Access Requirements

• If the Client’s website is to be installed on a third-party server, Dentons Digital must be granted temporary read/write access to the Client’s storage directories, which must be accessible via FTP. Depending on the specific nature of the project, other resources might also need to be configured on the server.
• The Client also agrees that if they are hosting the website with another provider then Dentons Digital cannot be held responsible for any problems with the website (eg. outdated plugins, bugs, Client or hosting company errors) once the website has been migrated to the new provider.

Post-Placement Alterations

• Dentons Digital cannot accept responsibility for any alterations to the Client’s web pages by a third party once installed. Such alterations include, but are not limited to additions, modifications or deletions.

Domain Names, Website Hosting & Other Subscription Services

• Dentons Digital may purchase domain names, website hosting or other subscription services, on behalf of the Client. Payment and renewal of those domain names, website hosting, and other subscription services is the responsibility of the Client. The loss, cancellation or otherwise of the domain name, website hosting or other subscription services, brought about by non or late payment, is not the responsibility of Dentons Digital. The Client should keep a record of the due dates for payment to ensure that payment made in good time.

Privacy Policy

Please read our full privacy policy for more information – https://dentonsdigital.com/privacy-policy/

Abuse

• We may limit or deny your access to support or terminate services if we determine, in our reasonable discretion, that you are acting, or have acted, in a way that results or has resulted in misuse of support or services, or abuse of Dentons Digital team members.

Termination

• Termination of services by the Client must be requested in a written notice 30 days in advance 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 Client will be invoiced for project work completed to the date of first notice of cancellation, with payment in full required within thirty (30) days.
• If the Client has paid in advance, no refunds will be issued for the project work which has already been completed by the date of the first notice of cancellation or termination.
• Termination of services by the Client may also incur additional charges, such as: the cost of transferring website hosting, domain names or other services away from Dentons Digital to another provider.

General

• These Terms and Conditions supersede all previous representations, understandings or agreements. The Client’s signature below, or payment of an advance fee, constitutes agreement to – and acceptance of – these Terms and Conditions.
• Payment online constitutes an acceptance of our terms and conditions.

Governing Law

This Agreement shall be governed by English Law.

Liability

Dentons Digital hereby excludes itself, its Employees and or Agents from all and any liability from:

• Loss or damage caused by any inaccuracy;
• Loss or damage caused by omission;
• Loss or damage caused by delay or error, whether the result of negligence or other cause, in the production of the web site;
• Loss or damage to Clients’ artwork/photos supplied for the site, regardless of whether the loss or damage results from negligence or otherwise.

The entire liability of Dentons Digital to the Client in respect of any claim whatsoever or breach of this Agreement, whether or not arising out of negligence, shall be limited to the charges paid for the Services under this Agreement in respect of which the breach has arisen.

Severability

In the event any one or more of the provisions of this Agreement shall be held to be invalid, illegal or unenforceable, the remaining provisions of this Agreement shall be unimpaired and the Agreement shall not be void for this reason alone. Such invalid, illegal or unenforceable provision shall be replaced by a mutually acceptable valid, legal and enforceable provision, which comes closest to the intention of the parties underlying the invalid provision.