In this Agreement the terms have the following meaning:
“The Client” means any person, company, partnership, organisation or body at whose application; Dijitul.com agrees to provide the services and/or products under the terms of this Agreement
“The Agreement” means the contract between Dijitul.com and the Client to which these conditions apply
“The Quote” is any document, which incorporates a “quotation” or “quote”, and is signed by a director of Dijitul.com in order to enter into agreement for web or web related digital services with the Client.
“The Company” means Dijitul.com
These terms and conditions of trade shall apply to all goods and/or services ordered by the client from Dijitul.com.
Changes to the words carried out and specified in the Quote shall only be undertaken at the discretion of Dijitul, and shall be subject to a fresh Quotation.
Dijitul.com will require a 50% deposit prior to the commencement of any work unless otherwise agreed in the Quote. Upon approval of the design draft the website will then coded and installed on the domain name of your choice and remaining 50% balance will be invoiced and due upon completion and handover of the website/s.
Search Engine Optimisation
Where search engine optimisation and link building is undertaken on a client’s website, upon completion of a website review and agreement to the proposal Dijitul will invoice the client a month in advance prior to the commencement of any work or the implementation of any link campaigns.
Unless stated otherwise Web Hosting is invoiced on an annual basis and is due within 7 days of invoice date.
Payment for all other goods and services provided by Dijitul.com is due 7 days from the date of the invoice unless stated and agreed otherwise in the quote. Whilst any payment under the Agreement remains outstanding, Dijitul.com, shall be entitled at its sole discretion to withhold provision of any goods or services it would otherwise be obliged to supply under the Agreement.
4. OVERDUE AMOUNTS
Dijitul.com reserves the right to claim interest on overdue monies at the rate of 2% per month.
Overdue accounts will result in a suspension of the web site if they are not paid up to date within 28 days of the original invoice.
If an account is 4 weeks overdue then Dijitul shall delete the web site without further recourse to the Client.
Any claim by the Client which is based upon any defect in quality or condition of the services supplied or their failure to comply with the Quotation shall notify Dijitul.com of this fact within three days from date of service of the notice specified in clause 3.3.
Where any valid claim in respect of the services supplied is notified to Dijitul in accordance with clause 5.1, Dijitul.com shall be entitled to repair the web site (or the part in question) free of charge, or at Dijitul’s sole discretion refund to the Client the price paid (or a proportionate part) but Dijitul.com shall have no further liability to the Client.
Except in respect of death or personal injury caused by Dijitul’s negligence, Dijitul.com shall not be liable to the Client by reason of any representation (unless fraudulent), or any implied warranty, condition or other term or any duties of common law, or under the express terms of the contract for any indirect, special, or consequential loss or damage (whether for loss of profit or otherwise), costs, expenses or other claims for compensation whatsoever, in connection with this agreement.
Dijitul.com shall have no liability under this agreement for any Virus, which it may transmit to the Client. Virus prevention is the sole responsibility of the Client.
Dijitul.com cannot be held responsible for any issues that may arise due to a website being hosted with a third party company nor can Dijitul be held responsible for any negative ramifications that may be caused moving the website from our test location to a live third party location.
6. DOMAIN REGISTRATION
If contracted to do so by the Client, Dijitul.com shall organise and arrange domain registration of the Client’s preferred name with the appropriate domain registration authority. The domain name will become the property of the Client upon payment of all sums outstanding and due to Dijitul.com by the Client.
Where a Client has a pre-registered domain name Dijitul shall not be liable to the Client for any costs or delays incurred in the transfer of the domain name to Dijitul.
Dijitul.com and the Client will retain as confidential all information passed between them at all times and any disclosure will only be made by mutual consent.
8. RIGHT TO REFERENCE
Dijitul.com reserves the right to use the web site or any related product or service undertaken for the Client, in future promotions by Dijitul.com, but only on the basis that this should be to the advantage of the Client in relation to additional publicity.
9. THIRD PARTIES
Dijitul.com may act in the capacity of an authorised reseller for various complimentary third party products and services, such as web space for web site hosting, domain forwarding, the provision of dial up services, e-mail accounts and domain registration. Dijitul.com cannot be held responsible for such goods and services provided by any third party.
Any web page text content, graphic, sound, design concept or entire web site supplied wholly or in part by the Client, will remain the sole property of the Client at all times. The Client will also own full copyright for any new content, graphic, sound, design concept or entire web site designed exclusively by Dijitul.com for the Client, once all monies due to Dijitul.com from the Client have been fully paid.
The signing of the Quote (placing an order) by the Client or other person/Agency on behalf of the Client, constitutes a guarantee that all necessary and permissions have been obtained by the Client in respect of the artwork, designs, sounds, videos and photographs, and that the content of the web site does not infringe any laws of the United Kingdom. For use in the web site or any other related product from Dijitul.com. The Client must indemnify Dijitul in respect of all actions; proceedings; costs; demands and claims from any such breach.
11. AGREEMENT TERMINATION
Any agreement to supply products or services anytime in the future, between the Client and Dijitul.com may be terminated with 30 days notice in writing by Dijitul. Any amounts received by Dijitul, with respect to products and services from a third party shall not be repayable to the Client. Dijitul shall be entitled to deduct from any monies paid in advance, an amount equivalent to its reasonable expenses incurred at the date of termination.
12. VAT (VALUE ADDED TAX)
Prices may be quoted exclusive of VAT and other applicable sales taxes, which will be added to the Client’s invoice for payment at the prevailing rate.
These conditions of trade and all other express terms of contract shall be governed and construed in accordance with the laws of England.
Upon request by the Client, Dijitul.com shall supply to the Client a copy of the web site on CD-Rom.
In the event that Dijitul.com undertakes to host the Client’s web site:
The Client will pay hosting charges monthly by cheque or standing order at the agreed rate.
Users must not participate in any form of un-solicited bulk e-mailing or spam.
We shall not be held liable for any loss or damages caused by the use or misuse, unavailability or removal of services or down time of server.
Data stored on our servers is backed up on a daily, weekly and monthly basis but we also recommended that you keep an independent backup of all data.
Disc space and bandwidth are custom to each hosting account.
Dijitul.com Ltd offer 90% guaranteed uptime on all hosting.
16. SEARCH ENGINE OPTIMISATION
Where Dijitul.com undertakes the Search Engine Optimisation of a website, this is done on the condition that, where possible, satisfactory access is provided to the website in question by File Transfer Protocol. Alternatively a copy of the website should be provided on a CD. In this case, it will be the responsibility of the client to ensure that alterations are uploaded correctly by the client or a third party.
Where Search Engine Optimisation is to be carried out and no further service has been ordered, the work is carried out on the understanding that no site redesign will be undertaken within three months of the first Search Engine submissions made, as this could undermine any work carried out. Where a website is subsequently redesigned, optimisation and promotion of the new site will not be considered as part of the original order, but will entail a new agreement.
Dijitul.com has no control or influence over the operational parameters of any third party Search Engine or Directory and cannot provide any guarantee of service or continuity of service regarding them. Search Engine / Directory rules and controlling algorithms may change at any time without notice and while Dijitul.com attempt to remain ahead of these changes, the company cannot be held responsible for any losses incurred by the client as a consequence of these changes.
17. FTP AND ROOT ACCESS
By requesting and receiving the FTP/ROOT access to your website/server, you are automatically accepting all liability and responsibility for the running and managing of your website/server.
Dijitul.com LTD will no longer support the website/server as part of any previous arrangements/projects as any problems that may arise could be a result of work done on the website/server by a 3rd party.
You must be cautious when giving these details to anyone and ensure they are trustworthy and know what they are doing, as a few clicks in the wrong place can be detrimental to your website, or any websites hosted on your server.
Any problems/issues that may arise after the details are sent can be fixed but will be charged out at our current hourly rate.
To “un-do” this request, we require a 1 off payment of £50+ VAT to carry out the steps involved in resetting the access.
Dijitul.com reserve the right to amend and update these Terms and Conditions at any time without notice