Terms & Conditions
The Client is the company or entity requesting services from Design365.
Design365 is employees, directors and partners of Design365.
Design365 will carry out work only where an agreement is provided either by email, telephone, mail or fax. An agreement is a written or verbal contract between Design365 and the client, which includes telephone and email agreements.
Design365 takes pride in its work and will always endeavor to produce websites which work as intended and are constantly available. However Design365 cannot guarantee perfect performance and hence cannot accept responsibility for any losses incurred due to malfunction of the website.
The website, graphics and any other work remain the property of Design365 until all outstanding accounts are paid in full.
Design365 will retain the intellectual property rights over all work it produces until payment is received in full or in the case of Pay as You Go the final payment of the agreed plan is received. Any website code, scripts, cgi applications or other software written by Design365 for our own use remain the copyright of Design365 and may only be reused with the permission of Design365.
Design365 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 briefs provided will be carried out at the discretion of Design365 and where no charge is made by Design365 for such additions, Design365 accept no responsibility to ensure such additions are error free and reserve the right to charge an according amount for any correction to these or further additions.
The client agrees to make available as soon as is reasonably possible to Design365 all materials required to complete the site to the agreed standard and within the set deadline.
Design365 will not be liable for costs incurred, compensation or loss of earnings due to the failure to meet agreed deadlines although every effort will be made to meet such deadlines.
Design365 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, eg. any disputes ref content/images that have been provided to us for inclusion on the site.
Design365 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 clients appointed agents.
Design365 will not be liable for any costs incurred, compensation or loss of earnings due to the unavailability of the website, its servers or software.
Design365 reserves the right to request a deposit before commencing work. The precise amount will be stated on the quotation.
Once a website has been designed and completed the final balance of payment is then due in accordance with our payment terms. There are no exceptions to this, i.e if the client decides they no longer want the site, as they have commissioned the work and paid a deposit they are still obliged to pay for the work that has been done. Once work has commenced on a project any deposit paid cannot be refunded. Non payment will result in legal action being taken if necessary.
Database, Application and E-Commerce Development
Design365 cannot take responsibility for any losses incurred by the use of any software created 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.
The client is expected to fully test any application or programming relating to a site developed by Design365 before being made generally available for use. Where "bugs", errors or other issues are found after the site is live, Design365 will endeavour (but is not obliged to) to correct these issues to meet the standards of function outlined in the brief.
In order to protect Magento Developments hosted by Design365, we will add Magento security patches to your website without prior consultation and a small fee will be applied for this service.
Design365 will endeavour to ensure that any developed/designed site or application will function correctly on the server on which it is originally delivered. The website will be checked for compatibility with the latest versions of Internet Explorer, Firefox, Safari and Opera. Compatibility with other browsers cannot be guaranteed.
Website Hosting and Email
Design365 uses high quality hosting services but no guarantees can be made as to the availability of these services. Design365 cannot accept liability for losses caused by the unavailability, malfunction or interruption of these services, or for loss of turnover, sales, revenue, profits or indirect, consequential or special loss.
Design365 reserve the right to refuse to handle in any way, material which may be deemed offensive, illegal or in any way controversial.
Payment of Accounts
A deposit may be required from any client before any work is carried out. The amount will be specified in the quotation. It is the Design365 policy that any outstanding accounts for work carried out by Design365 are required to be paid in full, no later than 30 days from the date of the invoice unless by prior arrangement with Design365.
Once a deposit is paid and work completed you are obliged to pay the balance of payment in full. We will contact clients via email and telephone to remind them of such payments if they are not received when due. Once the site is built, if content is not provided by the client within one month, there will be a further payment of 50% of the original quote required then upon receipt and installation of the final content the remaining 25% will be due. In most cases there will be an initial charge for the work in creating and deploying the website. Thereafter a monthly or annual hosting and support charge will be made at a rate determined in the quotation. Design365 may review this amount in the light of inflation, change in nature of website, or other factors. THe intellectual property of all websites and developments remains with Design365 until payment is received in full.
If accounts are not settled or Design365 have not been contacted regarding the delay, access to the related website may be denied and web pages removed. If agreement cannot be reached, Design365 may then pursue the debt via our solicitors.
Should there be a problem with any of the services provided by Design365, the client should raise this with their normal contact who will seek to remedy the problem.
If the client feels the problem is serious, then they should make a written formal complaint to the address on the Design365 website.
Design365 will seek to deal with all complaints as rapidly as possible and will provide updates to the client whilst any problem is solved.