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Submitted URL: https://www.quote.digi-tel.co.uk/
Effective URL: https://quote.digi-tel.co.uk/
Submission: On July 05 via api from US — Scanned from GB

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Henley House, Barnett Way, Barnwood, Gloucester GL4 3RT
© 2023 Digitel (UK) Ltd, Company Reg 09326279


FOR WORK PROVIDED BY DIGITEL (UK) LTD

COMPANY DETAILS

Definitions

 * The Developer – Hereinafter denotes Digitel (UK) Ltd, registered in the UK
   under company number 09326279
 * The Client – Hereinafter refers to the customer of The Developer
 * The Project – Relates to any and all works carried out by The Developer
 * Hourly Rate – £85 + VAT per hour

Deposits

All work carried out requires a minimum of 50% (of the full quote total) deposit
payment upfront (unless otherwise agreed by special arrangement). No work will
commence until this deposit has been received. The start date of The Project
will begin upon receipt of deposit.

Commencement of Work

Payment of the initial deposit will be considered an acceptance of the contract
along with any and all terms and conditions of work.

Ownership & IP

The Client will be given ownership of the finished, assembled web pages,
templates, graphics, logos, branding, artwork, images (excluding stock imagery),
marketing copy, source code and instructional material produced by The Developer
once the outstanding balance of The Project has been cleared & confirmed by The
Developer’s accounts department.

Browsers & Compatibility

The Developer will make every effort to ensure websites are designed to be
viewed by the majority of visitors across different browser softwares at the
time of project sign off. The Client agrees that The Developer cannot guarantee
full, correct functionality with all historic browser softwares across different
operating systems. The Developer cannot accept responsibility for web pages
which do not display acceptably in new versions of browsers released after the
website has been designed and handed over to The Client. As such, The Developer
reserves the right to quote at the Hourly Rate for any work involved in changing
the website design or code for it to work with updated browser software.
Equally, The Developer is not liable for any issues that may arise from
deprecated, unsupported or otherwise outdated browsers/operating systems in
relation to the aesthetics or functionality of The Project.

Third Party Software

The Developer will not be held responsible for any technical or browser
compatibility issues arisen by third party software and plugins. This includes,
but is not limited to, any issues caused during plugin updates after The Project
has been completed. Third party software includes but is not limited to:
WordPress Software, WordPress Plugins, Plugins under GPL, Payment Gateways,
Website Hosting, Website Domains.

Intellectual Property 

The Client shall promptly, at The Developer’s request, provide the Developer
with any and all information, data, documentation and site materials that The
Developer reasonably requires. The Client shall be fully responsible for the
provision of The Project’s digital assets and materials, and for the content,
accuracy, and completeness thereof and shall indemnify The Developer against any
and all damages, losses, and expenses arising as a result of any claims or
proceedings on the grounds that The Client site materials contain any material
that is unlawful, protected by copyright law, or is otherwise offensive to any
individual. This includes but is not limited to material that breaches the
intellectual property rights of any third party.

The Client hereby acknowledges that The Developer’s ability to perform its
obligations including, but not limited to, the design and development of The
Project in accordance with The Project specification is dependent on The
Client’s full and timely cooperation and The Client hereby agrees to
reciprocate.

Non-Payment

Any invoices not paid after the mandated 30 days payment date may incur
additional charges at the reasonable discretion of The Developer, inclusive of
admin fees where proportionately appropriate.

Responsibilities

During each project The Client is responsible for:

 * Communicating regularly with The Developer
 * Assisting with a provision of any content, images, assets or other materials
   required to complete the project where necessary
 * Obtaining valid licenses for any imagery sent from The Client to The
   Developer
 * Advising The Developer of any GDPR notices that need to be included within
   the website

In order to keep to The Project deadline, The Client is expected to provide
information requested by The Developer in a reasonable and timely manner.
Failure to pass over information required may result in delays that The
Developer does not hold responsibility for.

During each project The Developer will be responsible for:

 * Notifying The Client of any risks or schedule delays that may take place
   affecting delivery dates and presentation of the final website / design work.
 * Ensuring any written content provided by The Developer is unique and not
   copyrighted
 * Ensuring all stock images provided by The Developer have a valid license for
   usage

Hand Over of Work

The completed website will not be put live and any high-resolution designs for
digital use or print will not be handed over until the outstanding balance of
The Project has been cleared & confirmed by The Developer’s accounts department.

Once The Project has been completed, The Client is responsible for the below:

 * Checking spelling and grammar on all artwork, printed or digital / website
   content, including any content provided by The Developer.
 * Checking all content is correct including any content provided by the
   Developer.
 * Any content provided by The Client must abide by copyright laws. This is The
   Client’s responsibility to check and seek advice, and The Developer will not
   be liable for any infringements occasioned by The Client’s negligence of
   duty.
 * Seek professional advice for any Terms and Conditions, Privacy Policy, Cookie
   Policy or other legal templates or content provided by The Developer to
   ensure all content is correct and meets any legislative requirements.
 * Obtaining valid licenses and abiding by copyright laws for any future images,
   videos, content or other assets to be used for either digital or print, on
   the website or otherwise.
 * Any stock images provided by The Developer must strictly be used by The
   Client for web and marketing purposes only. The Client hereby acknowledges
   that any stock images supplied by The Developer will be under non-editorial
   license unless otherwise indicated. Further information can be requested if
   necessary.

The Developer is not responsible for:

 * Any vulnerabilities caused by third party plugins on websites, or the
   resulting consequences of such plugins including, but not limited to,
   malware, hacks or viruses on the site itself.
 * Any delivery delays from the courier for printed work such as flyers,
   business cards, etc once an order has been processed
 * Any future images or content The Client may want to use on their website
 * Any legal or GDPR content. It is advised that any such content is provided by
   The Client and confirmed with a legal professional. Any templates provided by
   The Developer including, but not limited to, privacy policies, website terms
   and conditions and contact form confirmations have been downloaded from
   online templates and are not guaranteed to be accurate by GDPR laws.
 * All efforts will be made to ensure websites work and function correctly
   across all current browser versions as of the time of The Project going live,
   however non-compatibility issues with older website browsers and browser
   versions released after The Project has completed cannot be guaranteed
 * Any issues with third party website hosting, however The Developer will work
   on The Clients’ behalf to liaise with third party website hosting companies
   to fix any issues in a reasonable timeframe, charged at the Hourly Rate where
   appropriate, at the discretion of The Developer.

Deadlines

All timescales given to The Client are estimated only, however The Developer
will make all reasonable arrangements to meet the estimated deadlines. The
timescales proposed by The Developer are subject to full and timely cooperation
from The Client and the assumption that no additional features, code, styling,
asset creation or amendments are provided by The Client between the estimation
of timescales and the deadlines implied.

Pending Projects

If The Project is put on hold due to The Developer awaiting content / images /
final sign off from The Client, an invoice for the remainder of the agreed
payment (minus the deposit paid), or the total work completed to date at our
hourly rate of £85 + VAT per hour – whichever is higher – will be raised on the
estimated completion deadline agreed at the commencement of The Project.

Termination of contract

If, after commencing the project, The Client decides to not continue with
project development, then The Client is obliged to pay the total amount of work
that has been completed up to, and inclusive of, the day of cancellation based
on a £85 + VAT hourly rate (minus the deposit paid).

Domain Names, Hosting and Emails

Note that The Developer does not offer domains, hosting or email services
directly, but do register domain names, and host websites and emails with third
party providers. While the third party is chosen based on a trusting and
successful relationship, The Developer is not responsible for any shortcomings
or errors that may occur on the part of the third parties.

If you wish to cancel your domain or hosting with us, 30 days written notice is
required.

Standard web hosting includes, but is not limited to:

 * Caching and web optimisation tools
 * Timeline backups held for 30 days
 * Staging environment
 * Backup and restore files tool
 * Unlimited FTP/SFTP accounts
 * Online cPanel dashboard on request
 * Access & error logs
 * Automatic malware scans
 * PCI compliant hosting
 * Optimum SSD webspace and monthly bandwidth for hosting small to large
   websites
 * Monthly WordPress / plugin / theme updates and website performance & security
   monitoring

Our website hosting includes ongoing website maintenance and support. Hosting
and maintenance packages are charged at a fixed price payable by monthly direct
debit via GoCardless, or by invoice payment if this has been agreed with The
Client and The Developer. Ongoing maintenance and support includes but is not
limited to:

 * Regular checks to ensure WordPress and all plugins and themes are up to date
 * Checking SMTP form connections are working*
 * Monitoring the security of the website with a third-party security & firewall
   plugin**
 * Ongoing support to answer any questions you may have about using the website

*While it is possible for the developer to verify the connection to contact
forms through WordPress, this may not always be completely accurate as different
mail providers may exhibit varying behavior. It is contraindicated for The
Client to solely rely on this method and they should regularly check their spam
folder for any form submissions. Additionally, the client should promptly notify
The Developer if they observe a decrease in web enquiries so that the developer
can investigate the issue in a timely manner.

**The Developer is not responsible for any issues or notifications that are
raised via third party plugins. Any issues that occur will be reported to the
plugin author and investigated as quickly as possible. Should a security threat
arise from an outdated third-party plugin, theme or script, The Developer will
make reasonable arrangements to handle this, however The Developer reserves the
right to deactivate and remove any such offending vulnerabilities – The
Developer agrees to inform The Client with as much notice as possible if this is
the case.

Payment Terms

Where applicable, mid-project invoices will be issued at the start of the month,
and carry a 30 day payment term. Any such payments must be cleared and confirmed
by our accounts department within this time.

Deposit and final payment invoices are due on the date of invoice, and will
delay project commencement or project completion (including, but not limited to
go-live, and handover of any intellectual property rights, files, text (as
supplied by us), images or other media/asset used in, and licenced for The
Project) until such invoices have been cleared in full by our accounts
department. Until such a time, all intellectual property of assets created or
licensed by The Developer will remain under our name, and will be subject to
copyright jurisdiction.

Late Payments for Website Hosting

All website hosting invoices have a 30 days payment term. If payment isn’t made
after 30 days, a reminder will be issued. If payment isn’t made after 60 days
from the initial date of the invoice, the website will be temporarily suspended
until payment is received in full, and confirmed by The Developer’s accounts
department – a fixed administration fee of £25 + VAT will be applied to put the
website live again in such eventualities.

Liability

The Developer shall not be liable to The Client for any damages to software,
loss of data, or for any loss of profit, anticipated profits, revenues,
anticipated savings, goodwill, or business opportunity, or for any direct,
indirect or consequential loss or damage.

When a website goes live, or is undergoing changes/updates/maintenance, the
Client understands that there is potential for downtime. The Developer will work
to minimise the impact of this at all times. Any website downtime related to DNS
propagation is beyond The Developer’s control, and can last up to 48 hours. The
Developer will, to the best of their ability, notify the Client during such
instances where The Developer is responsible for DNS updates.

The Client shall not be liable to The Developer for any loss of profit,
anticipated profits, revenues, anticipated savings, goodwill, or business
opportunity, or for any direct, indirect or consequential loss or damage.

Working Hours

Working hours are as listed below:

Monday 8am – 4pm
Tuesday 8am – 4pm
Wednesday 8am – 4pm
Thursday 8am – 4pm
Friday 8am – 4pm

Excluding all Public Holidays in England in accordance with the official
government UK Bank Holidays guidelines – Listed here:
https://www.gov.uk/bank-holidays

Amendments to Terms & Conditions

The Developer reserves the right to make changes to the terms & conditions laid
out above. This includes, but is not limited to; an increase in the Hourly
Charge, within a reasonable level inline with annual inflation and operating
costs of the business.

Law and Jurisdiction

The law of England and Wales applies.

Other

USA contracts are capped at liability at 150% as a maximum and exclude
consequential loss.


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