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Terms & Conditions

The following terms and conditions apply to all services offered by DesignJam Ltd. By ordering services from DesignJam Ltd, or by using our website you are agreeing to the following terms and conditions.

Web Design

DesignJam reserves the right to refuse to construct a web site which we may judge as unfit due to content or otherwise. This includes, but is not limited to, sites containing adult material such as pornography, sites which promote hatred towards persons belonging to any ethnic group, religion or sexual orientation and sites which infringe copyright or are contrary to UK laws.

All quotations are valid for a period of 28 days from the date of the quotation unless otherwise stated in writing. After this period the price stated on the quotation may be subject to change.

Following consultation, a written confirmation e.g. email from a client stating acceptance of a proposed service from DesignJam Ltd at the price quoted, shall be deemed as a contractual agreement between the client and DesignJam Ltd.

Upon acceptance of a proposed service from DesignJam Ltd by the client, the client shall pay to DesignJam Ltd, a non-refundable deposit of 25% of the total agreed project cost. DesignJam Ltd will not begin any work until this deposit payment has been received. Upon receipt of this deposit DesignJam Ltd will register the agreed primary domain and provide a holding page and one email account for enquiries. DesignJam Ltd will also begin work on logo or website design at this stage, as applicable, based on the client’s brief.

The remaining 75% of the total agreed project cost will be payable upon completion and publication of the website.

DesignJam Ltd cannot always guarantee to start work immediately on a project but will arrange a date with the client as to when work can commence and agree an approximate timescale for completion of the work.

DesignJam Ltd will deliver the agreed services and materials to the client and will use its best endeavours to ensure that the agreed services and materials are delivered in accordance with the timescale agreed with the client.

All material, both text and images, supplied by the client and used in the construction of the client’s website will remain the client’s property. All such material will be assumed to be the property of the client and free to use without fear of breach of copyright laws.

Where images have been purchased by DesignJam Ltd on behalf of the client as part of the website design, these images are strictly for use on the website only. DesignJam Ltd is not liable for any misuse of these images by the client or for any copying, altering or distributing of the images to individuals or other organisations which may be undertaken by a third party.

DesignJam Ltd will enable the client to review their website at certain points during its construction. Once the completed website is published onto the internet full payment of the final invoice for the agreed amount must be made by the client to DesignJam Ltd. In case of non-payment of a final invoice DesignJam Ltd reserves the right to remove the website from the internet until the full payment has been received, and to charge an administration fee to re-publish the site.

DesignJam Ltd will use its best endeavours to produce designs that substantially meet the client’s specifications. If the client rejects designs produced according to those specifications for aesthetic reasons or if the client changes their original specifications in light of the work produced, DesignJam Ltd reserves the right to charge extra for redoing the work.

When the website is considered by DesignJam Ltd to be complete according to the feedback received from the client up to that point, the client will be requested to give final approval to the full website prior to publishing. Once the client has given final approval, DesignJam Ltd will publish the website and from then on any further changes of any kind requested by the client will be subject to an additional charge unless explicitly stated otherwise by DesignJam Ltd in written form.

Once the client’s website has been published, the client has 7 days in which to notify DesignJam Ltd of any errors in the site such as a failed link. These errors will be corrected by DesignJam Ltd, where possible within 7 days of notification.

Following publication of the client’s website and rectification of any errors identified within 7 days of the date of publication, the client can then expect a level of ongoing support from DesignJam Ltd according to the initial agreement between DesignJam Ltd and the client. Should the level of support required exceed the initial agreement then DesignJam Ltd reserves the right to charge for the additional work.

Following publication of the client’s website DesignJam Ltd will under no circumstances be liable for any indirect, special or consequential damages including any loss of business, revenue, profits or data in relation to the client’s website.

The client agrees to DesignJam Ltd placing a link at the bottom of the home page of the client’s website establishing design and development credit and agrees to the website being included in DesignJam Ltd’s portfolio.
Logo design included in the website development cost refers to a simple logo designed as part of the overall website, and will include no more than 3 revisions. If a formal logo design resulting in high definition images for use in other media is required this will be charged additionally.

Cancellation

If at any point during the website development a client wishes to cancel, they may do so but will be invoiced an amount that DesignJam Ltd judges to be proportional to the amount of work completed on the project.

If, during the website development, the client does not supply the content required in order to complete the project within a reasonable amount of time, as judged by DesignJam Ltd, then DesignJam Ltd will consider that the client wishes to cancel the project.

Domain Names

DesignJam Ltd will not register any domain until full payment covering this cost has been received. Once a domain has been purchased on behalf of a client for a given period, no refund shall be provided by DesignJam Ltd to the client.

The registration or obtaining of any domain name for the client shall be subject to the terms and conditions of the relevant registrar and shall be subject to any third party claims there may be in respect of trademark, copyright, and/or passing off and the client acknowledges and warrants that it has made all investigations and considered any competing claim there may be to or in respect of the name by third parties whether in the UK or elsewhere.

Hosting

DesignJam Ltd reserves the right to sub-contract hosting services and may change this sub-contractor without giving notice. DesignJam Ltd does not guarantee continuous service and will accept no liability for loss of service, whatever the cause. DesignJam Ltd may change the type of hosting account used for a client whose site uses an unusually high level of bandwidth. If additional fees become payable, DesignJam Ltd will give the client 30 days notice. DesignJam Ltd will not guarantee to host any site that causes detriment to the operation of any other sites or systems. DesignJam Ltd may refuse to host sites including but not limited to the following content: obscene or offensive material, games, mobile phone tones or logos, celebrities, sites with webcams, websites owned by anyone under the age of 18. Spamming or any type of unsolicited email and any introduction of malware, viruses and illegal scripts is strictly prohibited.

Hosting and maintenance in year 2 and beyond is at the discretion of DesignJam Ltd. Clients will be notified at the end of the first year’s hosting of the options available.

From year 2, an annual fee is payable by the client to DesignJam Ltd, as indicated in the pricing information. If the client wishes to move their hosting to another provider, no fee will be payable by the client for transferring hosting to another provider. However if the client requests the website files then an administration charge will be payable (quoted at the time). No money will be reimbursed to the client by DesignJam Ltd for the remaining period of the year after hosting is ceased. However if the hosting fees are being paid monthly by the client then upon changing host the client will cease payment of the monthly fee.

Hosting is provided at the discretion of DesignJam Ltd, primarily for websites designed and developed by DesignJam Ltd. DesignJam Ltd are not obliged in any way to offer hosting for any website designed and developed by anyone other than DesignJam Ltd. Where hosting fees have been paid in advance for the year, those fees are not transferable to another website for the remaining period within that year. In such cases, where hosting of a website is refused by DesignJam Ltd, no refund of hosting fees will be payable by DesignJam Ltd to the client.

Emails

The primary email account(s) associated with the client’s domain/website (usually info@ or enquiries@), as well as any contact forms on the website will be checked by DesignJam Ltd upon publication to ensure that they are working properly. Thereafter, any email problems arising must be reported to DesignJam Ltd by the client at the earliest opportunity, whereupon DesignJam Ltd will endeavour to resolve the problem, or advise the client on how to resolve the problem, as soon as possible (usually within 48 hours). DesignJam Ltd accepts no responsibility whatsoever for any loss of business claimed to be due to problems with email functionality. DesignJam Ltd recommends setting emails accounts up using a recognised and suitable email client.

In order to test that email accounts and website contact forms are working properly, and/or to resolve any email problems reported by the client, DesignJam Ltd may find it necessary to access emails and email accounts associated with the client’s domain/website. Under such circumstances DesignJam Ltd will treat clients’ email details with the utmost confidentiality.

Search Engine Optimisation

DesignJam Ltd will design a website that will provide functionality in common browsers. Where specific optimisation or ranking services are required, no warranty or guarantee is given that the desired result can be achieved. This is due to the inherent fluidity of search engine parameters and operation.

Payment

All prices quoted are in British Pounds (GBP) and are exclusive of VAT unless otherwise stated.

DesignJam Ltd expects payment by online bank transfer or cheque within the time frame stated on the invoice.

Any payment returned by the bank or credit card company will incur a £100 administration charge. This will be invoiced and will be added to the total outstanding debt owed by the client.

DesignJam Ltd reserves the right to alter prices at any time without notice. If a client has commissioned any services from DesignJam Ltd prior to a change in prices, that commission will not be subject to any increase, but any subsequent commission may be subject to an increase.

General

This agreement is subject to English law and to the exclusive jurisdiction of the English courts.

By agreeing to these terms and conditions your statutory rights are not affected.

DesignJam Ltd reserves the right to change or modify any of these terms and conditions.

Where a Service Contract exists between the client and DesignJam Ltd, the Service Contract shall take precedence over these Terms & Conditions in any area where there is or appears to be a contradiction. This shall not render any other clauses unenforceable or ineffective in this document.