Terms & Conditions January 2014

The following terms and conditions apply to all website development / design services provided by Dai Vinci Websites to the Client.

1. Acceptance

It is not necessary for any Client to have signed an acceptance of these terms and conditions for them to apply. If a Client accepts a quote 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 have read and accepted our terms and conditions.

2. Charges

Charges for services to be provided by Dai Vinci Websites are defined in the project quotation that the Client receives via e-mail and/or hard copy. Quotations are valid for a period of 30 days. Dai Vinci Websites reserves the right to alter or decline to provide a quotation after expiry of the 30 days.

Unless agreed otherwise with the Client, all website design services require an advance payment of a minimum of twenty per cent (20%) of the project quotation total before the work is supplied to the Client for review. This advance payment is NON-REFUNDABLE as it covers, either partly or fully, upfront domain costs and preparatory work. The remaining eighty per cent (80%) of the project quotation total will be due upon completion of the work, prior to upload to the server or release of materials.

Payment for services is due by cheque, bank transfer or cash. Payment details are made available in the Advance Payment Invoice.

3. Client Review

Dai Vinci Websites will provide the Client with an opportunity to review the appearance and content of the website during the design phase and once the overall website development is completed. At the completion of the project, such materials will be deemed to be accepted and approved unless the Client notifies Dai Vinci Websites otherwise within ten (10) days of the date the materials are made available to the Client.

4. Turnaround Time and Content Control

Dai Vinci Websites will install and publicly post or supply the Client's website by the date specified in the project proposal, or at date agreed with Client upon Dai Vinci Websites receiving initial payment, unless a delay is specifically requested by the Client and agreed by Dai Vinci Websites.

In return, the Client agrees to delegate a single individual as a primary contact to aid Dai Vinci Websites with progressing the commission in a satisfactory and expedient manner.

During the project, Dai Vinci Websites will require the Client to provide website content; text, images, movies and sound files

5. Providing required website content

The Client, employee(s), or nominated agent shall provide Dai Vinci Websites with content that accurately describes the business profile of the client. The content shall be truthful and provided via email, Microsoft Word document or hard copy. Dai Vinci Websites reserves the right to alter grammatically incorrect text and/or misspellings.

Photographs are to be supplied in digital format. The copyright of the photographs shall remain with the Client. Dai Vinci Websites reserves to right to alter and/or digitally enhance the photographs.  

6. Indemnity

All Dai Vinci Websites services may be used for lawful purposes only. You agree to indemnify and hold Dai Vinci Websites, its employees and agents harmless from any claims resulting from your use of our service that damages you or any other party.

7. Payment

Invoices will be provided by Dai Vinci Website in two stages. The first shall be for twenty per cent (20%) of the total quoted fee as a non-refundable deposit. The second invoice shall be upon completion but before publishing the live website. Invoices are normally sent via email; however, the Client may choose to receive hard copy invoices. Invoices are due upon receipt. 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 per cent (1.5%) or £30 per month of the total amount due.

The Client shall be informed 30 days prior to the annual hosting charge, details of which are found on the Completion Invoice.  Dai Vinci Websites reserves the right to increase hosting charges in line with any hosting charge increases by the hosting supplier of Dai Vinci Websites.

8. Additional Expenses

The Client agrees to reimburse Dai Vinci Websites for any additional expenses necessary for the completion of the work. Examples would be purchase of special fonts, stock photography etc.

9. Web Browsers

Dai Vinci Websites makes every effort to ensure websites are designed to be viewed by the majority of visitors. Websites are designed to work with the most popular current browsers (e.g. Firefox, Internet Explorer, Google Chrome, etc.). The Client agrees that Dai Vinci Websites cannot guarantee correct functionality with all browser software across different operating systems.

Dai Vinci Websites cannot accept responsibility for web pages that do not display acceptably in new versions of browsers released after the website have been designed and handed over to the client.

10. Default

Cheques returned for insufficient funds will be assessed a return charge of £25 and the Client's account will immediately be considered to be in default until full payment is received. Clients with accounts in default agree to pay Dai Vinci Websites reasonable expenses, including legal fees and costs for collection by third-party agencies, incurred by Wombat Web Design in enforcing these Terms and Conditions.

11. Termination

Termination of services by the Client must be requested in a written notice 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 design work completed to the date of first notice of cancellation for payment in full within thirty (30) days.

12. Copyright

The Client retains the copyright to data, files and graphic logos provided by the Client, and grant Dai Vinci Websites the rights to publish and use such material. The Client must obtain permission and rights to use any information or files that are copyrighted by a third party. The Client is further responsible for granting Dai Vinci Websites permission and rights for use of the same and agrees to indemnify and hold harmless Dai Vinci Websites from all claims resulting from the Client's negligence or inability to obtain proper copyright permissions. A contract for website design and/or placement shall be regarded as a guarantee by the Client to Dai Vinci Websites that all such permissions and authorities have been obtained. Evidence of permissions and authorities may be requested.

13. Standard Media Delivery

Unless otherwise specified in the project quotation, this Agreement assumes that any text will be provided by the Client in electronic format (ASCII text files delivered on floppy disk or via e-mail or FTP) and that all photographs and other graphics will be provided physically in high quality print suitable for scanning or electronically in .gif, .jpeg, .png or .tiff format. Although every reasonable attempt shall be made by Dai Vinci Websites to return to the Client any images or printed material provided for use in creation of the Client's website, such return cannot be guaranteed.

14. Design Credit

A link to Dai Vinci Websites will appear in either small type or 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 10% of the total development charges will be applied. When total development charges are less than £5000, a fixed fee of £500 will be applied. The Client also agrees that the website developed for the Client may be presented in Dai Vinci Websites’ portfolio.

The Client further agrees to allow Dai Vinci Websites to publish the Client’s web address via social networks and/or email as part of its portfolio.

15. Access Requirements

If the Client's website is to be installed on a third-party server, Dai Vinci Websites 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.

16. Post-Placement Alterations

Dai Vinci Websites cannot accept responsibility for any alterations caused by a third party occurring to the Client's pages once installed. Such alterations include, but are not limited to additions, modifications or deletions.

17. Domain Names

Dai Vinci Websites may purchase domain names on behalf of the Client. Payment and renewal of those domain names is the responsibility of the Client. The loss, cancellation or otherwise of the domain brought about by non or late payment is not the responsibility of Dai Vinci Websites. The Client should keep a record of the due dates for payment to ensure that payment is received in good time.

18. Trade Membership Discounts

An initial discount of ten per cent (10%) is available to any client that has a current membership in his/her sole or company name of a trade association, safety accreditation or similar. A valid and current membership number and the name of the association must be provided before quotation. Failure to provide the correct information may result in the offer of the discount to be rescinded. This discount and/or further discounts are at the sole discretion of Dai Vinci Websites, and may be withdrawn at any time without warning or explanation. The discount applies to design and content provided by Dai Vinci Websites, it does not apply to domain name or hosting charges. Any future remedial works provided by Dai Vinci Websites to the Client shall not be eligible for the discount.

19. 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 is an acceptance of our terms and conditions.

20. Governing Law

This Agreement shall be governed by the law of England and Wales.

21. Liability

Dai Vinci Websites 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. Immaterial whether the loss or damage results from negligence or otherwise.

The entire liability of Dai Vinci Websites 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.

22. 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 points.