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Terms & Conditions

Here you can read all of the DDA Terms & Conditions.

All completed work is owned and operated by Domain Design Agency,
a company registered in Scotland, SC334741. VAT Registration Number: 989 3207 72
Registered Address: 272 Bath Street, Glasgow, G2 4JR

These terms and conditions govern your use of Domain Design Agency Services & Products. Please read through the Terms. If you do not agree with the Terms, then you do not agree with Domain Design Agency terms of business. If you reach agreement with Domain Design Agency, your acceptance and payment of your first invoice indicates that you agree to be bound by the Terms.

Your access to and use of Domain Design Agency website is subject to the following terms and conditions (“Terms and Conditions”) and all applicable laws. By accessing and browsing, purchasing products of Domain Design Agency, you accept, without limitation or qualification, these Terms and Conditions, and acknowledge that any other agreements between you and Domain Design Agency are superseded and of no force or effect.

By agreeing to our terms and conditions you promise to abide by them henceforth. Continued use is an implied acceptance of agreement of the ‘Terms and Conditions’ and is a promise to abide by the terms and conditions for any future use or dealings with Domain Design Agency. The terms and conditions will only cease to be applicable when any such agreement is terminated by Domain Design Agency.

Any breach of the ‘Terms’ will be at the discretion of Domain Design Agency and shall be determinable by Domain Design Agency whether any such breach shall amount to breach of contract and shall repudiate any contract in force.

Domain Design Agency will only enter in to contracts with those that are of 18 years or over, those wishing to enter into a contract below that age must do so with a guarantor over the age of 18 years of age that is agreed to be suitable by Domain Design Agency. This decision is purely at the discretion of Domain Design Agency.

Initial Spec/Brief

When we agree on the price for your project to your initial spec, any scope increasing as the job goes on will be charged at £112ph for Magento and £77ph for all other work, if no set agreement has been put in place to cover the extra work as it arises.

Standard Payment Terms

Domain Design Agency standard payment terms are 50% deposit to begin job then 25% on approval of visuals, final 25% on project being complete or live. All Payment must be clearly marked with the valid invoice number that the payment is for. Payment accepted by cheque or BACS Transfer / Account Number 01476661 Sort Code: 720000. Cheques made payable to Domain Design Agency Ltd and addressed and mailed to: DOMAIN DESIGN AGENCY LTD. Suite 14, Ellismuir House, Ellismuir Way, Tannochside Park, Uddingston, G71 5PW. Online payments are quick and instant, we accept all major credit/switch card payments sent via paypal to payments@domaindesignagency.co.uk or for phone payments over the phone call us on 0141 538 2411 and we will take your payment using our secure worldpay system.

Any Payment Failure

A further charge of £77 per month or 5% per month (whichever is higher) of the outstanding payment will be charged until payment is received along with the product and all materials being removed from our servers. Domain Design Agency will not be held responsible for any losses related to removing the product from the servers. Returned payments will result in the customer accruing an instant £77 fee added to the clients account balance. Customers agree that any payment failures will result in them taking on board expenses such as legal expenses including third parties sent to collect any payment.

3 Month Turnaround Limit

Once your project is started Domain Design Agency have a three month time limit to complete the job within, if no other agreed terms have been agreed for the deadline in advance. If your project is not complete within the three month period from it’s official start date (from 50% deposit paid), as a direct result of Domain Design Agency waiting on client input, this can include approval, content for project (text / images / products) then the full payment becomes due on the project.

Further 3 Months to complete or job is void

If a project is waiting on client input and Domain Design Agency has invoiced for the full amount of the job, we will honour this price for another three months. Please note that if after this six month window, and we are still not at a complete stage with the project as a result of lack of client input, then the job becomes void and and any payment due immediately.

If you choose to come back to complete any project after this six months period has passed and the project has been made void, the job will be priced as a new job before any work will be commenced by Domain Design Agency and payment made in full.

Website Maintenance

Domain Design Agency will cover all its work from it’s live date to three months (90 days later) during this period Domain Design Agency will fix any bug or recent browser versions issues that arises. After this grace period has lapsed, you can take one of our yearly maintenance packages to ensure you are covered or any other work will be invoiced at our standard hourly rate of £77 + vat per hour for WordPress and £112 + vat for Magento.

Any back-up of server hosting files or databases is only completed for clients on one of our annual maintenance packages.

Browser Issues

Any website/system we build will work with all modern up to date browsers across all platforms. Domain Design Agency do not cover our work on older browsers or out of date browser versions. Domain Design Agency produce your new website/system using the latest most secure web standards and older out of date systems are not able to work securely at this level. Domain Design Agency creates websites that will work on most mobile devices, but please remember that unless this was part of the initial brief of the project and priced accordingly to build you a custom mobile phone version of your website/system, then please bear this in mind when viewing your website on such devices – as some features might not work.

Security and Protection

Please only use fully secure passwords on your website/admin system. We recommend always including upper and lower case text mixed with numbers too in your passwords. Please bear in mind that your login details are important and you don’t want to let anyone easy guess them or access your admin panel.

We recommend you only use your admin system on a secure connection, where you know the computer you are using is 100% genuine software with all security patches etc up to date on it. It should be protected by virus software from getting any viruses, trojans or worms that can infect your machine. If any machine you use the admin system on isn’t protected as above then you are leaving yourself open to be hacked. Any website that is hacked will occur a fee to fix your website for you once we investigate what the hacker has done as no two cases are ever the same. Domain Design Agency prides itself on supplying you with a strong robust system but it is only as strong as the machine/network you then use to access it.

Training

Once your new website/system is complete, Domain Design Agency will offer training to you free of charge at our office in Uddingston, or remotely over the phone by controlling your machine to train you on the system. All training will be screen recorded and a video supplied to the client for future reference. Please note Domain Design Agency will charge you a re-training fee if for example in six months time you need to be re-trained again on your admin system.

Hosting

All websites required a hosting package for your website to be accessed on the internet from. We can supply professional hosting for all our websites we create that covers all types of applications, including brochure websites, cms systems, eshops and custom coded admin business systems. There will be an annual hosting fee to keep your website/system live on the internet. The price for this per year is £160 + vat for CMS hosting, £300 + vat for basic eshop hosting and £650 + vat for professional eshop/magento hosting. Please note if you require to pay for the highend eshop hosting package then you can opt to pay monthly at £65 + vat per month. If your website bandwidth exceeds the allowance for your hosting package then further costs for your hosting can occur to meet the needs of your website.

If you want to use your own web hosting, this is fine, but any time we spend working on any issues, will be chargeable at our hourly rate. It is your responsibility to ensure the hosting package you supply is fit for purpose, Domain Design Agency will have no control over any performance or related issues that arise from using your own hosting.

Domain Names

Every website needs a domain name for it to show to viewers on the internet. We can arrange your new domain name for you and manage it etc with your email and hosting. Domains are due annually at the same time as the hosting is due. We can purchase .co.uk (£15 + vat per year) and .com (£25 + vat per year) domains for you aswell as other extensions now available. Domain Design Agency can control your domains for you, if you have not bought them direct yourself, this ensuring you have no worries about any domain name running out by accident etc to ensure everything runs smooth for your emails and website at all times. Any domain name or hosting package not held by Domain Design Agency is the full responsibility of the client to keep active.

Email Accounts

Domain Design Agency will include the ability for you to set up email address within your hosting package. Domain Design Agency will supply you with the settings you need to connect with your new email accounts (2 emails are included in base hosting plans). If you can’t do it yourself or have no IT in-house that can take care of it for you, then Domain Design Agency can offer to set-up your emails for you remotely. The price for this is £25 + vat per email address. Our base hosting package includes 5 email accounts, and come with 500mb of storage, if you required more accounts or extra storage then can advise you on costs, depending on your requirements.

If you need your mobile device set-up for emails, then you need to bring your phone to our Uddingston office for Domain Design Agency to set-up the email account for you on it. The charge of £25 + vat covers you for both email on your PC and your mobile device if required per email account.

Print Work Payment

All print work paid before delivery (for new clients)

Domain Design Agency requires all pre-paid invoices for any print work before it is due for delivery for new clients. Domain Design Agency do offer accounts for existing clients only.

Product Agreement

Domain Design Agency tries its utmost to provide products/services without any errors. We cannot accept any responsibility for any losses due to product malfunction, the website/design or any part of it. Domain Design Agency does not accept liability for any damage caused by negligent use of Domain Design Agency products or services. Domain Design Agency does not accept liability for any damage or loss caused by negligent activity of its third party suppliers.

Domain Design Agency offers the customer the chance to review the product during the design stages via the use of a prototype design. The customer is allowed up to two revisions of the prototype design unless otherwise stated. Once the customer is in acceptance of the prototype/visual, written verification will be required to confirm that the design is the final approved design, which is to be coded/purchased. Once this agreement is made non payment will stand as a repudiatory breach of contract. The customer will also be allowed to review the finished product and suggest minor alterations (textual changes, small image alterations, small colour alterations or alterations that will not take any more than 10% of the scheduled hours planned to produce the product). The product will be deemed accepted unless the customer contacts Domain Design Agency within 7 days from the date the product is made available to them.

Domain Design Agency will endeavour to complete a product/service by the date agreed in advance. However Domain Design Agency cannot be liable for any delays that occur that could not be reasonably foreseeable at the time the work was originally undertaken / or for changes and amendments added by the client that result in the project taking longer than planned to complete.

Domain Design Agency will not be held liable for any costs, loss of earnings, compensation if a deadline is not met.

Domain Design Agency will not be held responsible for any alterations made post hand over of the project to the customer/client.

Content and images needed to begin work will be agreed at least 7 days prior to the work commencement date or by an agreed date if expressively agreed by both parties via email or in writing. If discussions begin less than 7 days prior to the work commencement date then the content and images will be required 7 days from that point or by an agreed date if expressively agreed by both parties via email or in writing. You must have the rights to any text or images for content supplied to Domain Design Agency for reproduction in any design or website work. Domain Design Agency cannot be held accountable for reproducing copyright protected work that has been supplied to us by a client.

Domain Design Agency requires all agreed content and images from the customer prior to the work commencement date or by the date agreed. Failure to do so will incur an extra cost of £25 per day unless expressively agreed by both parties via email or in writing and before the commencement of any work.

Termination

If after 24 weeks, we are still not completed the project due to lack of content/feedback or approval from client then the work will be terminated at that stage. If client wishes to then take up the project again at a later stage it will be re-priced then as a new job at that stage.

Termination requests will be accepted if received in writing with the customer’s signature. No other requests other than in writing with the customers signature will be accepted. The customer will be invoiced for services up until the date the termination request was first received.

If you no longer require our hosting for your website and emails, there is a fee of £125 + vat to supply all files to your new supplier, and transfer over any domain(s) that are on your account, to another provider.

If Domain Design Agency is required to re-open an account that has been closed for any reason, please note there will be a fee to re-set up the account again on our systems. The fee for this is £125 + vat to re-activate the account – any other payments for hosting etc will still be invoiced separate from this fee.

Copyright

All other marks that appear throughout the Products and Services belong to Domain Design Agency or the respective owners of such marks, and international copyright and trademark laws. Any use of any of the marks appearing throughout the Products and Services without the express written consent of Domain Design Agency or the owner of the mark, as appropriate, is strictly prohibited.

Domain Design Agency owns the copyright of any php, java, scripts, .cgi applications or software written by Domain Design Agency. Only with written permission can these be commercially reproduced or resold elsewhere.

Domain Design Agency reserves the copyright rights of all website and graphic designs created.

Intellectual Property Infringement Claims:

It is the policy of Domain Design Agency to respond expeditiously to claims of intellectual property infringement. Domain Design Agency will promptly process and investigate notices of alleged infringement and will take appropriate actions under the applicable intellectual property laws. Upon receipt of notices of infringement Domain Design Agency will act expeditiously to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity and will act expeditiously to remove or disable access to any reference or link to material or activity that is claimed to be infringing.

Design Credit

A discreet link to Domain Design Agency will appear at the bottom of each page of the website.

Last updated 6th September 2018 – This agreement is subject to the jurisdiction of the Scottish Legal System.

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