1) Contract: the clients approval for work to commence shall be deemed a contractual agreement between the client and Happy Go Digital Ltd. Approval for the work to commence and payment of the advance fee indicates that the client accepts the terms and conditions outlined in this page or the document sent in Word and also PDF format.
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2) Happy Go Digital Ltd Copyright: Happy Go Digital will hold intellectual copyright of any material including any source code and original images created for the client until payment of the final invoice. at this time we will transfer this intellectual copyright to the client.
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3) Clients responsibilities with regard to Copyright: In situations where the client provides images, text, animations or any other content for their website they are legally responsible for ensuring that this material does not infringe any copyright. Certain images provided by Happy Go Digital in the construction of the website may have been purchased under licence from stock image suppliers. These images are generally only licensed for use on a single website and may not be used in publicity material. The website owner is legally responsible for ensuring that this does not happen. If you wish to use any images from the site for other purposes please contact us for clarification.
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4) Registration charges: All 3rd party costs arising from the registration of a domain name shall be met by the client. Happy Go Digital recommend that clients register their own domain names so that they have full ownership of these but where we have registered a domain name on the client' behalf we agree to transfer this domain name to the client immediately upon request and without charge.
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5) Search Engine Promotion: Happy Go Digital are not responsible for the client's ongoing website promotion. Should be client require the site to be promoted they will agree this in their hositng contract - either amber or red. If you only pay for basic hosting we are not responsible for your search engine positioning.
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6) Rankings: The order in which websites are ranked in the natural search results is controlled by the search engines. While we can optimise your site for this we are unable to make any guarantees about the success of any search engine promotion activity.
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7) Cancellation: Should the client wish to cancel at any point during the process they shall remain liable for the work that has taken place and shall be invoiced accordingly.
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8) IMPORTANT! Failure to provide required website content: We are a small business. To remain efficient we must ensure that work we have programmed is carried out at the scheduled time. On occassions we may have to reject other work and enquiries to ensure that your work is completed at the time arranged.
This is why we ask that you provide all the required information in advance. On any occassion where we cannot progress your website because you have not provided the required information when you have agreed to do so, and we are delayed as a result, we reserve the right to impose a surcharge of up to 25%. Also if your job involves Search Engine Optimisation we need the text content for your site in advance so that the SEO can be planned and completed efficiently.
If you agree to provide us with the required information and subsequently fail to do so within 4 weeks of project commencement we reserve the right to close the project and the balance remaining becomes payable immediately.
Simply put, all the above condition really says is do not give us the go ahead to start until you are ready to do so.
NB: The text content should be delivered as a MS Word doc or similar with the pages in the supplied document representing the relevant pages on your website. These pages should have the same titles as the agreed website pages. Contact us if you need clarification on this.
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9) Quotations: The price quoted to the client is for the work agreed on the quotation only. Should the client decide that changes are required after work on the website commences then we will accept these changes with the provision that additional changes may have to be negotiated.
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10) Advance payment: We require an advance of 25% of the project cost before work can commence. After work commences this is non-refundable.
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11) Payment: Payment of any balance will be due within 30 days of final invoice date. Full publication of the web pages may take place only after full payment has been received. Any material previously published may be removed if payment is not received. When this occurs a minimum charge of £50 will be required to have the site restored.
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12) Late payment: Accounts that have not been settled within 7 days of our final reminder will incur a late payment charge of 10% of the amount outstanding. You will also be charged statutory interest of 8% above the reference rate (fixed for the six month period within which date the invoices because overdue) pursuant to the late payment legislation.
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13) Future support: The website is provided to and accepted by the client as a fully functioning completed work. Happy Go Digital is not responsible for future support. This support can normally be provided upon request and for an agreed fee. No guarantee of future support is given unless an ongoing support package is negotiated.
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14) Future Site Problems: Unfortunately malicious software, spyware, viruses and website hacking are facts of life on today's Internet. It is highly unlikely that these will affect your website and Happy Go Digital will endeavour to protect it from this as much as possible during its creation. We cannot be held responsible for problems that develop on completed sites as a result of illegal activity.
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15) Compliance with ECommerce, Accessibility or other regulations: we design websites in accordance with the client's specifications. It is the client's responsibility to ensure that the website and its content comply with standing regulations. We cannot accept responsibility for any failure to comply with regulations related to accessibility, selling online, or those related to a specific business or trade. We can research this on the client's behalf upon request but in any business where complex compliance issues exist we recommend that the client takes legal advice from their company lawyer.
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16) Uptime: Happy Go Digital cannot be held responsible for any downtime of your website due to technical problems with our dedicated server. We doubt that any downtime which does occur will affect you, or that it will occur often, but in the event of it ever occurring, we cannot be held responsible for any loss of time or business as a result of the downtime.
Notes: should Happy Go Digital Ltd waive any of these terms on an individual basis this shall not affect the validity of remaining clauses or commit Happy Go Digital Ltd to waive the same clause on any other occassion.
By agreeing to these terms and conditions your statutory rights are not affected.
Happy Go Digital Ltd reserves the right to change or modify any of these terms or conditions at any time. Should clarification of any of the above be required please contact me
Natalie Moyce
Happy Go Digital Ltd
Gwalia
Cwmann
Lampeter
Carmarthenshire
SA488EW
info@happygodigital.com
www.happygodigital.com
tel: 01570421120
mobile: 07732610881
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