Terms of Service

Terms and Conditions of Service for New Website Design Projects

These are the general terms and conditions for web design and development services offered by Digital Creative Lab (DCL). By engaging with our services, you, as the “Client”, acknowledge understanding and agreement to these terms, which serve as the foundation of our professional relationship.

Scope of Services

• Client Definition: Refers to the individual or organisation, and its representatives, successors, assignees, agents, and affiliates, engaging DCL for web design and development services.
• DCL Definition: Refers to ‘Digital Creative Lab’ and its contractors.

Contractual Agreement

• Project Scope: The Client has engaged DCL to design and develop a website as outlined in the provided estimate. DCL’s commitment is to deliver this service in a professional, timely manner, adhering to the agreed-upon specifications.
• Client Obligations: The Client agrees to provide all necessary materials (text, images, etc.) in a timely and specified format and to actively participate in the review and approval process.
• DCL Obligations: DCL is committed to meeting set deadlines, subject to timely receipt of materials and approvals from the Client. DCL shall maintain the confidentiality of all Client information.

Design and Development Process

• Initial Design: DCL will provide a primary design concept, allowing for up to two rounds of revisions. Subsequent changes are subject to additional charges.
• Content Responsibility: Unless otherwise agreed, DCL is not responsible for content creation or input.
• Revisions and Changes: Changes within the project scope are accommodated. Significant alterations or additions will be subject to a revised estimate and additional costs.

Technical Support and Hosting

• Hosting Options: DCL offers website hosting services. Specific terms, including installation, support, and maintenance fees, will be outlined separately.

Graphic Design

• Scope of Services: Includes up to three initial concepts and three revision rounds. Cancellation after commencement incurs a 50% rejection fee. Graphic design services are provided independently of web design projects, with their own terms and billing.
• Non-Communication: If the client becomes unresponsive for a period exceeding 15 days after work has commenced on the graphic design development of a logo, the project will be cancelled without a refund. “Unresponsive” is defined as failing to reply to emails, phone calls, text messages or other communication methods agreed upon at the start of the project.

Copywriting

• Copywriting Services: The provided estimate covers two rounds of revisions. Additional revisions are billable at the standard hourly rate.

Non-Communication

• Project Cancellation: If the Client is unresponsive for 30 days during design and development, the project will be cancelled without a refund.
• Material Submission: Failure to provide necessary materials within 30 days of contract signing will result in cancellation and forfeiture of deposits.

Legal and Liability

• Limitation of Liability: DCL cannot be held responsible for any indirect or consequential losses due to errors in the website.

Intellectual Property Rights:

• Ownership and Usage Rights: Output from a project becomes the Client’s property upon full payment, unless otherwise stated. Clients are entitled to use it freely.
• Licenced Components: Clients are advised to purchase and renew licenses for components like WordPress themes or premium plugins.
• Opensource Software: The software used is generally opensource, but product license renewals are recommended.
• DCL’s Promotional Use: DCL requests permission to use project material for promotional purposes, subject to Client approval.
• Client Responsibility for Provided Materials: The Client ensures that all materials provided for reproduction do not infringe third-party rights and agrees to indemnify DCL against any related claims.

Payments

• Initial Deposit: A 50% non-refundable deposit is required to commence work.
• Remainder of the fee is payable on completion of the project or in two equal payments of 25% each, after 30 days and 60 days of the development project, whichever comes first.
• Other costs: Logo design, stock images and graphic design elements are billable in full upfront. Hosting and the care plan is billable when the site goes live.
• Late Payment Penalty: Interest on overdue payments will be charged if the payment is more than 14 days late. 3% of the outstanding amount is added every 7 days, starting from 15th day after receipt of finished product.

Termination of this Contract

• Termination Procedure: Either party may terminate the contract. Refunds, if applicable, will be processed minus the costs incurred until the termination date.
• DCL will keep all original artwork, digital files, and external discs prepared in connection with the project.

Indemnification and Dispute Resolution

• Client Indemnity: The Client agrees to indemnify DCL against any damages or claims arising from the use of the website.
• Dispute Resolution: In case of a breach, including non-payment, the Client is responsible for DCL’s legal costs on an attorney-client scale.

Final Provisions

• Complete Agreement: This document represents the entire agreement and supersedes any prior understandings.
• Amendments: Any changes to these terms require written consent from both parties.
• Notices: Official communications should be sent to the designated addresses in this agreement.

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Hosting Services

Dedicated Hosting Only

For clients who opt for hosting services without a maintenance plan, the following terms apply:

• Server Location and Maintenance: Websites are hosted on Verpex servers based in the UK. Each hosting area is independently maintained to ensure optimal performance and security.
• SSL Certification: All our hosting packages include a Let’s Encrypt SSL certificate, enhancing the security and credibility of your website.
• Payment Terms: Hosting fees are due every 6 months or annually, in advance. Non-payment of hosting fees will result in the suspension of website and email services.
• Email Hosting Recommendation: While we provide reliable website hosting, we recommend utilizing Google Workspace or Microsoft 365 for your email hosting needs, offering enhanced features and deliverability.

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