Terms and conditions of sale
The Client (as detailed overleaf), (hereinafter referred to as Client) is engaging digitalmad.co.uk. (Hereinafter referred to as Digital Mad), as an independent contractor for the specific purpose of designing a World Wide Web site (hereinafter referred to as Web Design Project) to be published on the Clients account on an Internet Service Provider (ISP) computer, hereinafter refer to as Hosting Service, or provided on diskette at the Clients option. The Client hereby authorises Digital Mad to access this account, and authorises the Hosting Service to provide Digital Mad with full access to the Clients account, and any other programs needed for this Web Design Project that Digital Mad included as part of the Clients service agreement. The Client also authorises Digital Mad to submit the completed Web Design Project to major Web Search Engines.
Your Web Design Project will be developed using the latest technologies and software including PHP, mySQL, Jquery, XHTML/HTML 5 and CSS3.
Designing a web site to fully work in multiple browsers (and browser versions) can require considerable, extra effort. It could also involve creating multiple versions of code and stylesheets. Digital Mad represents and warrants that the web site we design for you will work in: Microsoft Internet Explorer versions 11 and up, Firefox, Safari(MAC) and Google Chrome. Without sacrificing quality and design, we try to ensure that the content and functions we build into our web sites are available to all visitors including those on mobile and tablet devices.
Assignment of Web Design Project:
Digital Mad reserves the right, and you hereby agree, to assign subcontractors to this Web Design Project to insure that the terms of this agreement are met as well as on-time completion.
Copyrights and Trademarks:
The Client unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork used by, or furnished to Digital Mad for inclusion in the Web Design Project are owned by the Client, or that the Client has permission from the rightful owner to use each of these elements, and will hold harmless, protect, indemnify Digital Mad and its subcontractors from any liability (including solicitors fees and court costs), including any claim or suit, threatened or actual, arising from the use of such elements furnished by the Client. This includes any material that could be deemed pornographic in nature or any material unsuitable for viewing by certain age groups.
Web Site Maintenance:
This agreement allows for minor web site maintenance to pages, including updating links and making minor changes to a sentence or paragraph. It does not include replacing nearly all the text from a page with new text, major page reconstruction, new pages, guestbooks, discussion webs, navigation structure changes, attempted updates by Client repairs or Web Design Projects delivered to Client via diskette. If the Clients web design package includes database access using Active Server Pages (ASP), then very minor page code changes will be accepted under this web site maintenance plan, major page code and/or database structural changes will be charged at hourly rates. All communications for maintenance must be by email.
Digital Mad and the Client must work together to complete the Web Design Project in a timely manner. We agree to work expeditiously to complete the Web Design Project no later than the agreed time after the Client has submitted all necessary materials. If the Client does not supply Digital Mad with complete text and graphics content for this Web Design Project within 45 days of the effective date this agreement, the entire deposit amount of the agreement shall be retained by Digital Mad as liquidated damages and the contract shall become null and void, at Digital Mad option.
The final web site design project will be deployed to the Client’s hosting service upon receipt of full payment.
If the clients hosting service is not configured correctly to support our publishing functionality, Digital Mad charges at an hourly rate for the effort involved to resolve whatever problems may arise. Note: this does not apply to Digital Mad recommended VPS hosting services.
All websites must be considered as work in progress until signed off by the client. No website will be uploaded onto the hosting server until signed off and paid for in full with cleared funds. Digital Mad have the facility to add websites being built onto the back of the digitalmad.co.uk website for the purposes of examination and testing by the client. In extraordinary cases Digital Mad will upload unfinished websites onto the host server for testing. ALL Websites must undergo a period of soak testing and problem shake-downs before being considered as “live” for the general public, particularly with websites containing databases and/or shopping baskets.
Digital Mad offer hosting services through third party companies as resellers. Digital Mad is NOT responsible for the operational efficiency of third party hosting servers. Nor can we be held responsible for any losses incurred due to “down time” by third party hosting servers, or loss of data due to virus impregnation of third party hosting servers or losses due to fruadulent use of customers property or faulty back-up systems that are the responsibility of the client. Digital Mad actively encourages its clients to duplicate its daily back up systems and can provide advice, systems software and the training of staff responsible for this important facet of website databases and shopping systems.
Search Engine Submissions:
Digital Mad will register your Web Design Project with the major search engines free of charge but does not guarantee that any such search engines will place the Clients Web Design Project near the top for any given search results. In addition some search engines do not guarantee that submissions will be accepted. These actions are deemed outside of Digital Mads control.
The Client assumes all responsibility for the use and functionality of the Web Design Project.
Electronic Commerce Laws:
The Client agrees that the Client is solely responsible for complying with any laws, taxes, and tariffs applicable in any way to the Web Design Project or any other services contemplated herein, and will hold harmless, protect, and defend Digital Mad and its subcontractors from any claim, suit, penalty, tax, time, penalty, or tariff arising from the Clients exercise of Internet electronic commerce and/or any failure to comply with any such laws, taxes, and tariffs.
Unless otherwise agreed digitalmad.co.uk reserve the right to initiate advertising of Digital Mads services on each home page of web sites that have been designed or are hosted by digitalmad.co.uk. This will normally be a small line at the foot of the home page indicating that the website was designed by digitalmad.co.uk.