Terms & Conditions

The following terms and conditions apply to all development services provided by d2.Digital By Design Limited 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 d2.Digital By Design Limited are defined in the project quotation that the Client receives via e-mail. Quotations are valid for a period of 30 days. d2.Digital By Design Limited reserves the right to alter or decline to provide a quotation after expiry of the 30 days.

Unless agreed otherwise with the Client, all services require an initial payment of a minimum of thirty-three (33) percent of the project quotation total after the scoping stage has completed. A second charge of thirty-three (33) percent is required after the development stage, with the remainder of the project quotation total due upon completion of the work, prior to upload to the server or release of materials. Please note that delay in payment of invoices may delay the progress of the project.

Payment for services is due via bank transfer (BACS) and bank details will be made available on invoices.

3. Client Review

d2.Digital By Design Limited will provide the Client with an opportunity to review the appearance, content and functionality of the website/system during the design phase and once the overall website development is completed for testing.

The Client agrees to review the work produced by d2.Digital By Design, provide feedback, and sign­off approval in a timely manner.

At the completion of the project, such materials will be deemed to be accepted and approved unless the Client notifies d2.Digital By Design Limited otherwise within ten (10) days of the date the materials are made available to the Client.

4. Turnaround Time and Content Control

d2.Digital By Design Limited will ensure that the created system will be publicly available by the date specified in the project proposal or at date agreed with Client unless a delay is specifically agreed by the Client and d2.Digital By Design Limited.

In return, the Client agrees to delegate a single individual as a primary contact to aid d2.Digital By Design Limited with progressing the commission in a satisfactory and expedient manner. d2.Digital By Design Ltd will provide a single individual contact for the Client to aid the progression of the project and keep communication as efficient as possible.

During the project the Client will provide d2.Digital By Design Limited, within a reasonable timescale, everything that is requested from you to complete the project including text, images and other information such as videos, movies and sound files and provide the content in the required formats.

5. Failure to provide required content

To remain efficient, we must ensure that work we have programmed is carried out at the scheduled time; on occasions we may have to reject offers for other work and enquiries to ensure that your work is completed at the time arranged.

This is why we ask that the Client provides all the required information on time and we will keep you informed of all requirements at all times. On any occasion where progress cannot be made with your website/system because d2.Digital By Design Ltd have not been given the required information in the agreed time frame, and we are delayed as result, we reserve the right to impose a surcharge of up to 25%.

6. Changes to scope

d2.Digital By Design Ltd will ensure that following the scoping phase, the Client is satisfied with the designs, layout, functionality and colours of the website/system prior to starting any development work. We will ensure continued communication happens with the Client throughout the development, matching the development against the scope. We appreciate there may minor revisions to the design, layout, colours and functionality from the scope and we will asses each revision on its own merit.

Additional revisions or design work outside the scope of the project will be charged separately.

d2.Digital By Design Ltd will endeavour to complete requested website revisions or updates within 5 working days, wherever possible.

Following the completion of the project, revision entitlement per month is dependant on your support package, should you sign up to one.

7. Payment

Invoices will be provided by d2.Digital By Design Limited upon completion of each stage. Invoices are normally sent via email, however, the Client may choose to receive hard copy invoices as well. 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 percent (1.5%) or £30 per month of the total amount due.

8. Additional Expenses

Client agrees to reimburse d2.Digital By Design Limited for any additional expenses necessary for the completion of the work. Some examples of these additional expenses would be the purchase of special fonts, stock photography etc.

9. Web Browsers

d2.Digital By Design Limited makes every effort to ensure systems are designed to be viewed by the majority of visitors. Web browser based systems are designed to work with the version previous to the current version of Mozilla Firefox, Microsoft Edge, Google Chrome and Safari (iOs and Mac) at the start of the scoping stage of the project. The Client agrees that d2.Digital By Design Limited cannot guarantee correct functionality with all browser software across different operating systems.

Systems are only to be expected to correctly function in mobile device browsers where such a requirement is specifically noted within project scoping documents, which would be agreed at the beginning of the project.

d2.Digital By Design Limited cannot accept responsibility for web pages which do not display acceptably in new versions of browsers released after the website have been designed and handed over to the Client. As such, d2.Digital By Design Limited reserves the right to quote for any work involved in changing the website design or website code for it to work with updated browser software.

10. Content Management System

The majority of websites/systems developed will be developed using a Content Management System (CMS). In order to provide a simple and easy to use CMS, D2 Digital By Design Ltd use the Umbraco Platform exclusively as our CMS of choice.

Umbraco is so versatile that we will build a bespoke solution using Umbraco for the Client depending on the exact requirements of the Project.
Any associated or additional fees, such as installation, setup, testing and introductory training pertaining to Content Management Systems are covered within your project quote.

11. Default

Accounts unpaid thirty (30) days after the date of invoice will be considered in default. If the Client in default maintains any information or files on d2.Digital By Design Limited's Web servers, d2.Digital By Design Limited will, at its discretion, remove all such material from its web servers. d2.Digital By Design Limited is not responsible for any loss of data incurred due to the removal of the service. Removal of such material does not relieve the Client of the obligation to pay any outstanding charges assessed to the Client's account. Clients with accounts in default agree to pay d2.Digital By Design Limited reasonable expenses, including legal fees and costs for collection by third-party agencies, incurred by d2.Digital By Design Limited in enforcing these Terms and Conditions.

12. Termination

The Client will provide a minimum of one months notice in writing, or by email should they wish to cancel any contract.

Termination of services by the Client must be requested in a written notice and will be effective on receipt of such notice. Telephone requests for termination of services will not be honoured until and unless confirmed in writing.

The Client will be invoiced for work completed to the date of first notice of cancellation for payment in full within thirty (30) days.

13. Indemnity

All d2.Digital By Design Limited services may be used for lawful purposes only. You agree to indemnify and hold d2.Digital By Design Limited harmless from any claims resulting from your use of our service that damages you or any other party.

14. Copyright

The Client retains the copyright to data, files and graphic logos provided by the Client, and grants d2.Digital By Design Limited 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 d2.Digital By Design Limited permission and rights for use of the same and agrees to indemnify and hold harmless d2.Digital By Design Limited from any and 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 d2.Digital By Design Limited that all such permissions and authorities have been obtained. Evidence of permissions and authorities may be requested.

15. Design Credit

A link to d2.Digital By Design Limited will appear in either small type or by a small graphic at the bottom of the system created by d2.Digital By Design Limited. 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 D2.Digital By Design Limited's portfolio.

16. System Hosting

Unless otherwise agreed, the website/system will be hosted by d2.Digital By Design Ltd and the hosting will come under the standard hosting package. This includes the following:

  • Hosting of servers, domain names and bandwidth
  • Managed service – full control of upload of the site, configurations and updates
  • SQL server – database server
  • SSL Certificate – security certification (if required)
  • Weekly back-ups to the server
  • Bug fixes

17. Bugs and Issues Grace Period

Bugs reported within 2 months of the system being published live that are found to be caused by faults with the initial development work will be fixed at no additional cost. Issues arising due to changes with third-party systems, services or issues caused by changes that have otherwise been made by the Client or another third-party will be considered a new piece of work as therefore be chargeable.

18. Post-Placement Alterations

d2.Digital By Design Limited 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.

19. Domain Names

d2.Digital By Design Limited will purchase the domain name (s) on behalf of the Client however the purchased domain name will be owned by the Client. The renewal of those domain names is the responsibility of d2 Digital By Design Ltd and we will invoice the payment for the renewal of the domain name to the Client.

The loss, cancellation or otherwise of the domain, brought about by non or late payment is not the responsibility of d2.Digital By Design Limited. The Client should keep a record of the due dates for payment to ensure that payment is received in good time and d2.Digital By Design will also send a timely reminder for the renewal date and cost.

20. 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.

21. Governing Law

This Agreement shall be governed by English Law.

22. Liability

d2.Digital By Design Limited 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 d2.Digital By Design Limited 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.

23. 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