Terms & 
Conditions

For work provided by Digitel (UK) Ltd

COMPANY DETAILS

Definitions

  • The Developer – Hereinafter denotes Digitel (UK) Ltd, registered in the UK under company number 09326279
  • The Client – Hereinafter refers to the customer of The Developer
  • The Project – Relates to any and all works carried out by The Developer
  • Hourly Rate – £75 + VAT per hour

Deposits

All work carried out requires a minimum of 50% (of the full quote total) deposit payment upfront (unless otherwise agreed by special arrangement). No work will commence until this deposit has been received. The start date of The Project will begin upon receipt of deposit.

Commencement of Work

Payment of the initial deposit will be considered an acceptance of the contract along with any and all terms and conditions of work.

Ownership & IP

The Client will be given ownership of the finished, assembled web pages, templates, graphics, logos, branding, artwork, images (excluding stock imagery), marketing copy, source code and instructional material produced by The Developer once the outstanding balance of The Project has been cleared & confirmed by The Developer’s accounts department.

Browsers & Compatibility

The Developer will make every effort to ensure websites are designed to be viewed by the majority of visitors across different browser softwares at the time of project sign off. The Client agrees that The Developer cannot guarantee full, correct functionality with all historic browser softwares across different operating systems. The Developer cannot accept responsibility for web pages which do not display acceptably in new versions of browsers released after the website has been designed and handed over to The Client. As such, The Developer reserves the right to quote at the Hourly Rate for any work involved in changing the website design or code for it to work with updated browser software. Equally, The Developer is not liable for any issues that may arise from deprecated, unsupported or otherwise outdated browsers/operating systems in relation to the aesthetics or functionality of The Project.

Third Party Software

The Developer will not be held responsible for any technical or browser compatibility issues arisen by third party software and plugins. This includes, but is not limited to, any issues caused during plugin updates after The Project has been completed. Third party software includes but is not limited to: WordPress Software, WordPress Plugins, Plugins under GPL, Payment Gateways, Website Hosting, Website Domains.

Intellectual Property 

The Client shall promptly, at The Developer’s request, provide the Developer with any and all information, data, documentation and site materials that The Developer reasonably requires. The Client shall be fully responsible for the provision of The Project’s digital assets and materials, and for the content, accuracy, and completeness thereof and shall indemnify The Developer against any and all damages, losses, and expenses arising as a result of any claims or proceedings on the grounds that The Client site materials contain any material that is unlawful, protected by copyright law, or is otherwise offensive to any individual. This includes but is not limited to material that breaches the intellectual property rights of any third party.

The Client hereby acknowledges that The Developer’s ability to perform its obligations including, but not limited to, the design and development of The Project in accordance with The Project specification is dependent on The Client’s full and timely cooperation and The Client hereby agrees to reciprocate.

Non-Payment

Any invoices not paid after the mandated 30 days payment date may incur additional charges at the reasonable discretion of The Developer, inclusive of admin fees where proportionately appropriate.

Responsibilities

During each project The Client is responsible for:

  • Communicating regularly with The Developer
  • Assisting with a provision of any content, images, assets or other materials required to complete the project where necessary
  • Obtaining valid licenses for any imagery sent from The Client to The Developer
  • Advising The Developer of any GDPR notices that need to be included within the website

In order to keep to The Project deadline, The Client is expected to provide information requested by The Developer in a reasonable and timely manner. Failure to pass over information required may result in delays that The Developer does not hold responsibility for.

During each project The Developer will be responsible for:

  • Notifying The Client of any risks or schedule delays that may take place affecting delivery dates and presentation of the final website / design work.
  • Ensuring any written content provided by The Developer is unique and not copyrighted
  • Ensuring all stock images provided by The Developer have a valid license for usage

Hand Over of Work

The completed website will not be put live and any high-resolution designs for digital use or print will not be handed over until the outstanding balance of The Project has been cleared & confirmed by The Developer’s accounts department.

Once The Project has been completed, The Client is responsible for the below:

  • Checking spelling and grammar on all artwork, printed or digital / website content, including any content provided by The Developer.
  • Checking all content is correct including any content provided by the Developer.
  • Any content provided by The Client must abide by copyright laws. This is The Client’s responsibility to check and seek advice, and The Developer will not be liable for any infringements occasioned by The Client’s negligence of duty.
  • Seek professional advice for any Terms and Conditions, Privacy Policy, Cookie Policy or other legal templates or content provided by The Developer to ensure all content is correct and meets any legislative requirements.
  • Obtaining valid licenses and abiding by copyright laws for any future images, videos, content or other assets to be used for either digital or print, on the website or otherwise.
  • Any stock images provided by The Developer must strictly be used by The Client for web and marketing purposes only. The Client hereby acknowledges that any stock images supplied by The Developer will be under non-editorial license unless otherwise indicated. Further information can be requested if necessary.

The Developer is not responsible for:

  • Any vulnerabilities caused by third party plugins on websites, or the resulting consequences of such plugins including, but not limited to, malware, hacks or viruses on the site itself.
  • Any delivery delays from the courier for printed work such as flyers, business cards, etc once an order has been processed
  • Any future images or content The Client may want to use on their website
  • Any legal or GDPR content. It is advised that any such content is provided by The Client and confirmed with a legal professional. Any templates provided by The Developer including, but not limited to, privacy policies, website terms and conditions and contact form confirmations have been downloaded from online templates and are not guaranteed to be accurate by GDPR laws.
  • All efforts will be made to ensure websites work and function correctly across all current browser versions as of the time of The Project going live, however non-compatibility issues with older website browsers and browser versions released after The Project has completed cannot be guaranteed
  • Any issues with third party website hosting, however The Developer will work on The Clients’ behalf to liaise with third party website hosting companies to fix any issues in a reasonable timeframe, charged at the Hourly Rate where appropriate, at the discretion of The Developer.

Deadlines

All timescales given to The Client are estimated only, however The Developer will make all reasonable arrangements to meet the estimated deadlines. The timescales proposed by The Developer are subject to full and timely cooperation from The Client and the assumption that no additional features, code, styling, asset creation or amendments are provided by The Client between the estimation of timescales and the deadlines implied.

Pending Projects

If The Project is put on hold due to The Developer awaiting content / images / final sign off from The Client, an invoice for the remainder of the agreed payment (minus the deposit paid), or the total work completed to date at our hourly rate of £75 + VAT per hour – whichever is higher – will be raised on the estimated completion deadline agreed at the commencement of The Project.

Termination of contract

If, after commencing the project, The Client decides to not continue with project development, then The Client is obliged to pay the total amount of work that has been completed up to, and inclusive of, the day of cancellation based on a £75 + VAT hourly rate (minus the deposit paid).

Domain Names, Hosting and Emails

Note that The Developer does not offer domains, hosting or email services directly, but do register domain names, and host websites and emails with third party providers. While the third party is chosen based on a trusting and successful relationship, The Developer is not responsible for any shortcomings or errors that may occur on the part of the third parties.

If you wish to cancel your domain or hosting with us, 30 days written notice is required.

Standard web hosting includes, but is not limited to:

  • Caching and web optimisation tools
  • Timeline backups held for 30 days
  • Staging environment
  • Backup and restore files tool
  • Unlimited FTP/SFTP accounts
  • Online cPanel dashboard on request
  • Access & error logs
  • Automatic malware scans
  • PCI compliant hosting
  • Optimum SSD webspace and monthly bandwidth for hosting small to large websites
  • Monthly WordPress / plugin / theme updates and website performance & security monitoring

Our website hosting includes ongoing website maintenance and support. Hosting and maintenance packages are charged at a fixed price payable by monthly direct debit via GoCardless, or by invoice payment if this has been agreed with The Client and The Developer. Ongoing maintenance and support includes but is not limited to:

  • Regular checks to ensure WordPress and all plugins and themes are up to date
  • Checking SMTP form connections are working*
  • Monitoring the security of the website with a third-party security & firewall plugin**
  • Ongoing support to answer any questions you may have about using the website

*While it is possible for the developer to verify the connection to contact forms through WordPress, this may not always be completely accurate as different mail providers may exhibit varying behavior. It is contraindicated for The Client to solely rely on this method and they should regularly check their spam folder for any form submissions. Additionally, the client should promptly notify The Developer if they observe a decrease in web enquiries so that the developer can investigate the issue in a timely manner.

**The Developer is not responsible for any issues or notifications that are raised via third party plugins. Any issues that occur will be reported to the plugin author and investigated as quickly as possible. Should a security threat arise from an outdated third-party plugin, theme or script, The Developer will make reasonable arrangements to handle this, however The Developer reserves the right to deactivate and remove any such offending vulnerabilities – The Developer agrees to inform The Client with as much notice as possible if this is the case.

Late Payments for Website Hosting

All website hosting invoices have a 30 days payment term. If payment isn’t made after 30 days, a reminder will be issued. If payment isn’t made after 60 days from the initial date of the invoice, the website will be temporarily suspended until payment is received in full, and confirmed by The Developer’s accounts department – a fixed administration fee of £25 + VAT will be applied to put the website live again in such eventualities.

Liability

The Developer shall not be liable to The Client for any damages to software, loss of data, or for any loss of profit, anticipated profits, revenues, anticipated savings, goodwill, or business opportunity, or for any direct, indirect or consequential loss or damage.

When a website goes live, or is undergoing changes/updates/maintenance, the Client understands that there is potential for downtime. The Developer will work to minimise the impact of this at all times. Any website downtime related to DNS propagation is beyond The Developer’s control, and can last up to 48 hours. The Developer will, to the best of their ability, notify the Client during such instances where The Developer is responsible for DNS updates.

The Client shall not be liable to The Developer for any loss of profit, anticipated profits, revenues, anticipated savings, goodwill, or business opportunity, or for any direct, indirect or consequential loss or damage.

Working Hours

Working hours are as listed below:

Monday 8am – 4pm
Tuesday 8am – 4pm
Wednesday 8am – 4pm
Thursday 8am – 4pm
Friday 8am – 4pm

Excluding all Public Holidays in England in accordance with the official government UK Bank Holidays guidelines – Listed here: https://www.gov.uk/bank-holidays

Amendments to Terms & Conditions

The Developer reserves the right to make changes to the terms & conditions laid out above. This includes, but is not limited to; an increase in the Hourly Charge, within a reasonable level inline with annual inflation and operating costs of the business.

Law and Jurisdiction

The law of England and Wales applies.

Other

USA contracts are capped at liability at 150% as a maximum and exclude consequential loss.