Terms

Definition of our terminology as used within this document:

  1. A ‘Project’ is any work undertaken or service provided by The Digital Mashup Ltd for the Client on their request and as described in our confirmation order email to that Client.
  2. A ‘Client’ is a person, persons, business or organization using any of the services provided by The Digital Mashup Ltd.
  3. Live Mode’ means the date the website is available on the Client’s chosen domain.
  4. Domain’ is the website address as specified by the Client.
  5. Open Source Software’ is software made freely available to anyone under the GNU General Public License (GPL).
  6. Hosting’ is a yearly cost to keep a client’s website activated online.
  7. Content’ is both text and images that the Client requires on the website.
  8. MB’ stands for megabytes and is a measure of storage space.
  9. Initiation phase’ is the initial period where the client requirement and information gathering is taking place. This generally last 7days from the date of deposit.
  10. Active phase’ when the project is actively being worked on by experienced designers and developers.
  11. Release phase’ is the final stage when the project has been deployed in the LIVE environment, Free 30 support is given from the date of deployment.
  12. TDM is a trading name for ‘The Digital Mashup’

The Digital Mashup Ltd Terms & Conditions

  1. The contract between The Digital Mashup Ltd and the Client will be on these conditions, to the exclusion of all other terms and conditions. Any variations to these conditions shall have no effect unless agreed in writing.
  1. The works to be carried out shall be as set out in The Digital Mashup Ltd confirmation order email.
  1. Email will be the method of contact with regard to all communication. Although The Digital Mashup Ltd can be contacted by telephone, we will use email as our method of communication and therefore it is the Client’s responsibility to inform us of any change in email address so we always have up to date email contact details. The Digital Mashup Ltd cannot be held liable in any way relating to communication issues if we are not supplied with a valid email address. The Digital Mashup Ltd will acknowledge all emails within 3 working days.
  1. The Digital Mashup Ltd will only commence work on a Project after receipt of a nonrefundable, deposit of the quoted Project fee from the Client. Payment Terms may differ from project to project and these should be made clear to the Client in the Proposal document. The project will be switched to Live Mode once the remaining balance is paid in full. Change requests may be applied only where there is prior request and approval.
  2. The deposit paid to The Digital Mashup Ltd covers the cost of design work carried out as well as any admin work and communication with The Digital Mashup Ltd. The deposit is nonrefundable.
  1. The Digital Mashup Ltd shall expect the Client to carry out sufficient research before proceeding with a website. This will include checking that the website/idea/business will operate legally. It is important that the website is not in any way illegal.
  1. It is important for the Client to keep in contact with The Digital Mashup Ltd throughout the entire Project. If a Client does not make contact for 1 week we will make up to 5 attempts to contact the client by email using the email address specified when the client went ahead. If we do not receive a response to these attempts of contact the Project may be terminated, and the deposit will not be refunded.
  1. Where images used on the website have been purchased by The Digital Mashup Ltd on behalf of the Client, these images are strictly for use on the website only. The Digital Mashup Ltd are not liable for misuse of these images by the Client or any other person’s copying, altering or distributing the images to individuals or other organizations.
  1. The Digital Mashup Ltd will host the website if the Client requires us to do so and on receipt of full payment of our Hosting fees. In doing so, The Digital Mashup Ltd will endeavor to provide a reliable and professional service to the Client at all times but do not guarantee that the website Hosting will be available at all times, especially in the event of a technical failure beyond our control
  1. The Digital Mashup Ltd cannot be held responsible for anything adversely affecting the Client’s business operation, sales, or profitability that might be claimed is a result of a service offered by The Digital Mashup Ltd.
  1. Where asked to provide search engine optimization for a Client, The Digital Mashup Ltd do not guarantee any specific placement or high ranking on search engines.
  1. The Digital Mashup Ltd will provide the Client with an expected completion date for the Project (live on the internet) if requested. The Digital Mashup Ltd will endeavor to meet any given deadline, but do not guarantee and are not bound in any way to complete the Project by this date. The expected completion date provided by any employee of The Digital Mashup Ltd is purely an estimate
  1. It is the Client’s responsibility to check with The Digital Mashup Ltd whether Open Source Software is being used or not.
  1. The Client shall not be charged for Open Source Software. If there is a charge for a website using Open Source Software, the Client is paying for the installation time. Open Source Software is not owned by The Digital Mashup Ltd or the Client.
  1. The Digital Mashup Ltd own all design and code of the website until final payment has been received in full. Once final payment is received, the Client will then own the design and code of the website, unless Open Source Software is used. Images will have been purchased by The Digital Mashup Ltd for the Client, unless the images have been supplied by the Client. Images purchased by The Digital Mashup Ltd are licensed only for use on the client website, costs for procurement will be paid by the client.
  1. All images displayed on the Client’s website will only be used after authorization by the Client, and are the sole responsibility of the Client regarding usage and copyright. Should any legal issues or claims arise from the content or copyright of any images supplied by the Client or The Digital Mashup Ltd, they will be the sole responsibility of the Client.
  1. Domain names may be registered by The Digital Mashup Ltd and also registered to The Digital Mashup Ltd current address. Although the domain names are registered to The Digital Mashup Ltd, the Client is the legal owner of the domain and if they request to have details changed or the domain transferred elsewhere, The Digital Mashup Ltd will do this within a reasonable timeframe.
  1. It is the responsibility of the Client to renew their domain names when due. If a domain name expires, The Digital Mashup Ltd cannot be held liable for this. However, The Digital Mashup Ltd will make reasonable effort to contact the Client regarding domain renewal.
  1. The Digital Mashup Ltd shall be entitled to place an unobtrusive credit with a hypertext link (i.e.”Web design The Digital Mashup”) in the footer of the web site.

 

Hosting

  1. You are not required to host your website through us but we encourage our clients to host their websites through us, if they are not aware of the server side configurations. If not The Digital Mashup Ltd should be notified before the start of Project.
  1. All hosting offered by The Digital Mashup Ltd is limited to 200mb of website space unless otherwise stated in a separate contract. If your site requires more than 200mb of space we will advise of other hosting solutions and then cease hosting the site.
  1. When a Client renews Hosting with The Digital Mashup Ltd, this also includes domain renewal if the renewal is needed to keep the site functioning and was purchased as part of the Hosting package. If the Client does not renew the Hosting, their domain name could be made available to the public for purchase and The Digital Mashup Ltd cannot be held liable for this.
  1. Renewal of Hosting is due on an annual basis. The date of renewal will be annually from the date the website was ordered by the Client. The Hosting will not be renewed if The Digital Mashup Ltd cannot contact the Client or the Client requests for The Digital Mashup Ltd to not host this site. This will also affect the domain as per item 22.
  1. The Hosting renewal charge must be received within 10 days of the Hosting expiry date. The Digital Mashup Ltd reserve the right to deactivate any website where the Hosting has expired and the Client has not paid the renewal charge. There will be an admin fee set by The Digital Mashup Ltd for reactivating the website/Hosting.
  1. If the Client does not use The Digital Mashup Ltd Hosting services, then the management and Hosting of the Domain name are the full responsibility of the Client.
  1. Should a Client wish to move Hosting away from The Digital Mashup Ltd or transfer a Domain name away from The Digital Mashup Ltd, a £50 admin charge will be issued, which must be paid before the transfer takes place.

Responsibility

  1. The Digital Mashup Ltd has no control of, or responsibility for, the content of Clients’ websites. In no way does the textual or image based Content of our Client’s web sites constitute The Digital Mashup Ltd endorsement, or approval of the website or the material contained within the website. The Digital Mashup Ltd has not verified any of the materials, images or information contained within our Client’s web sites and is not responsible for the content or performance of these sites or for the Client’s transactions with them. The Digital Mashup Ltd provides links or references to our Client’s websites solely for the convenience of prospective customers and intends that the links it provides be current and accurate, but does not guarantee or warrant that such links will point to the intended Client site at all times.
  1. The Digital Mashup Ltd are not liable for loss, damage or corruption to files or information stored on its servers or individual PCs relating to a Client’s website. The Client is solely responsible for any information or files relating to its website.
  1. If a Domain name is purchased by the Client through a company other than The Digital Mashup Ltd, the Client has full responsibility in making sure that the domain name is renewed when due. The Digital Mashup Ltd will not renew the Domain name when annual Hosting renewal is due if the Domain name is purchased through a company other than The Digital Mashup Ltd.
  1. The Digital Mashup Ltd makes no claims that the contents of this website may be lawfully viewed or downloaded outside England and Wales. Access to this website may not be legal by certain persons or in certain countries. If this website is accessed from outside of the United Kingdom, it is done at own risk and the visitor is responsible for compliance with the relevant laws of the visitor’s jurisdiction. The terms and conditions of this website are governed by the laws of England and Wales. Jurisdiction for any claims arising in respect of this website’s Content shall lie exclusively with the courts of England. If any provision of these terms and conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these terms and conditions, which shall remain in full force and effect.

Payments

  1. A down payment is required in order to begin development of your Project. This is usually 50% agreed design fee, unless an alternative contract or proposal is agreed for another amount.
  1. The outstanding balance on your website is due after the design, navigation and pages have been approved and built. Final payment is due regardless of whether all content of the website pages have been provided by the client. This provision is in place to encourage the client to get content submitted promptly so that their site can go live. It also ensures that The Digital Mashup gets paid for performing their duty under the proposal, despite tardy content from the client.
  1. After payment, The Digital Mashup will still post outstanding content AT NO CHARGE for 3 months. In the event an “under construction” page is posted due to missing content, The Digital Mashup will post ONE copy of any text/pictures on existing pages only, for up to 3 months after publish date. After the three months have expired, content posted to site will be billable at our current regular hourly rate. In the event that design and navigation changes are requested after they have been specifically approved by the client, these changes will be billable at our current regular hourly rate.

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