By placing an order with D & M Digital Creations Ltd, you confirm that you are in agreement with and bound by the terms and conditions (accompanied with the Acceptable Use Policy and Privacy Policy) below.

 

Definitions:

The Client: The company or individual requesting the services of D & M Digital Creations Ltd for Web Design Services.

D & M Digital Creations Ltd: Primary designer/site owner & employees or affiliates.

General

D & M Digital Creations Ltd for Web Design Services will carry out work only where an agreement is provided either by email, telephone, mail or fax. D & M Digital Creations Ltd for Web Design Services will carry out work only for clients who are 18 years of age or above. An ‘order’ is deemed to be a written or verbal contract between D & M Digital Creations Ltd for Web Design Services and the client, this includes telephone and email agreements.

Website Design

Whilst every endeavour will be made to ensure that the website and any scripts or programs are free of errors, D & M Digital Creations Ltd for Web Design Services cannot accept responsibility for any losses incurred due to malfunction, the website or any part of it.

The website, graphics and any programming code remain the property of D & M Digital Creations Ltd until all outstanding accounts are paid in full.

Any scripts, cgi applications, php scripts, or software (unless specifically agreed) written by D & M Digital Creations Ltd remain the copyright of D & M Digital Creations Ltd and may only be commercially reproduced or resold with the permission of D & M Digital Creations Ltd.

D & M Digital Creations Ltd cannot take responsibility for any copyright infringements caused by materials submitted by the client. We reserve the right to refuse any material of a copyrighted nature unless adequate proof is given of permission to use such material.

Any additions to the brief will be carried out at the discretion of D & M Digital Creations Ltd and where no charge is made by D & M Digital Creations Ltd for such additions, D & M Digital Creations Ltd accept no responsibility to ensure such additions are error free and reserve the right to charge an according amount for any correction to these or further additions.

The client agrees to make available as soon as is reasonably possible to D & M Digital Creations Ltd all materials required to complete the site to the agreed standard and within the set deadline.

D & M Digital Creations Ltd will not be liable for costs incurred, compensation or loss of earnings due to the failure to meet agreed deadlines.

D & M Digital Creations Ltd will not be liable or become involved in any disputes between the site owner and their clients and cannot be held responsible for any wrong doing on the part of a site owner.

D & M Digital Creations Ltd will not be liable for any costs incurred, compensation or loss of earnings due to the work carried out on behalf of the client or any of the clients appointed agents. D & M Digital Creations Ltd will not be liable for any costs incurred, compensation or loss of earnings due to the unavailability of the site, its servers, software or any material provided by its agents.

A deposit of 50% is required with any project before any design work will be carried out (unless otherwise stated in writing or via email)..

Once a website has been designed and completed the final balance of payment is then due in accordance with our payment terms. There are no exceptions to this, i.e. If the client decides they no longer want the site, as they have commissioned the work and paid a deposit they are still obliged to pay for the work that has been done. Non payment will result in legal action being taken if necessary.

Development Pricing

Prices quoted on this site are indicative prices only and subject to change according to the needs of individual projects and clients – for full details. VAT at the currently applicable rate will be added to all prices on invoice. D & M Digital Creations Ltd reserve the right to withdraw advertised offers or promotions from any prospective client without prejudice and without giving specific reasons or justifications. Where a offer has been made if the project exceeds the quoted amount for any reason D & M Digital Creations Ltd will advised in writing any adjustment and give clear chance to change the development scope. D & M Digital Creations Ltd Reserves the right to change its prices until such a point where contracts are signed at which point prices are final and will not be changed.

Database, Application and E-Commerce Development

D & M Digital Creations Ltd cannot take responsibility for any losses incurred by the use of any software created for the client. Whilst every care has been taken to ensure products are problem free and accurate, the ultimate responsibility lies with the client in ensuring that all software is functioning correctly before use.

The client is expected to test fully any application or programming relating to a site developed by D & M Digital Creations Ltd before being made generally available for use. Where “bugs”, errors or other issues are found after the site is live, D & M Digital Creations Ltd will endeavour (but is not obliged to) to correct these issues to meet the standards of function outlined in the brief

Compatibility

D & M Digital Creations Ltd will endeavour to ensure that any developed/designed site or application will function correctly on the server it is initially installed in and that it will function correctly when viewed with the web browsing software Microsoft Internet Explorer Version 9 and to an acceptable level with Mozilla browsers. D & M Digital Creations Ltd can offer no guarantees of correct function with all browser software.

Website Hosting

All services provided by D & M Digital Creations Ltd may be used for lawful purposes only. Transmission, storage or presentation of any information, data or material in violation of any United Kingdom, state or city law is prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, or material protected by trade secret and other statute. The subscriber agrees to indemnify and hold harmless D & M Digital Creations Ltd from any claims resulting from the use of service which damages the subscriber or any other party.

Prohibited are sites that promote any illegal activity or present content that may be damaging to D & M Digital Creations Ltd servers, or any other server on the Internet. Links to such materials are also prohibited.

Examples of unacceptable content or links:

  • Pirated software
  • hacker programs or archives
  • Warez sites

NOTICE: IF YOUR ACCOUNT IS FOUND TO CONTAIN ILLEGAL ACTIVITY, ILLEGAL MP3 FILES, PIRATED SOFTWARE, HACKER PROGRAMS, WAREZ PROGRAMS, OR ANY OTHER ILLEGAL FILES, YOUR ACCOUNT WILL BE TERMINATED IMMEDIATELY, WITHOUT NOTICE, ADDITIONALLY, D & M Digital Creations Ltd WILL NOTIFY THE PROPER AUTHORITIES OF YOUR ACTIONS.

IRC

We currently do not allow IRC or IRC bots to be operated on our servers.

Server Abuse

Any attempt to undermine or cause harm to a server or customer of D & M Digital Creations Ltd is strictly prohibited. As our customer you are responsible for all your accounts. Should you violate the Terms of Services outlined within, your account will be cancelled without chance of refund.

Refusal of Service

We reserve the right to refuse, cancel or suspend service, at our sole discretion.

All sub-networks, distributive hosting sites and dedicated servers of D & M Digital Creations Ltd must adhere to the above policies, with the exception of system resources in respect to dedicated servers.

Payment of Accounts

A deposit is required from any new client before any work is carried out. It is the D & M Digital Creations Ltd policy that any outstanding accounts for work carried out by D & M Digital Creations Ltd Services or its affiliates are required to be paid in full, no later than 14 days from the date of the invoice unless by prior arrangement with D & M Digital Creations Ltd Services.

Once a deposit is paid and work completed you are obliged to pay the balance of payment in full. We will contact clients via email and telephone to remind them of such payments if they are not received when due.

If accounts are not settled or D & M Digital Creations Ltd have not been contacted regarding the delay, access to the related website may be denied and web pages removed, we will then pass such cases to the Small Claims Court to pursue payment, non payment can result in county court judgements (ccj’s) being added to the clients credit rating.

Following consistent non payment of an invoice our Solicitors will contact the client in question, with a view to taking the matter further and if need be to seek payment through legal procedures, and if necessary court summons.

Complaints Procedure

Informal procedure

Anyone who experiences a problem with their web service provided by D & M Digital Creations Ltd Services should raise the matter directly using our online contact form to do so, giving sufficient information to locate the material (such as an url) and clearly outlining the grounds for complaint.

D & M Digital Creations Ltd will approach the individual responsible for the material in question with a view to resolving the matter to the satisfaction of the complainant.