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The following Terms and Conditions form the basis of the contract between you and us. The acceptance of which is agreed upon the moment you sign our Hosting Agreement, Website Design Agreement, Website Development Agreement, SEO Agreement, or Support Agreement.
These Terms and Conditions are brief, easy to understand, and straightforward. Please contact us if you have any questions.
Definitions
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- Your name (‘The Client’)
- ‘We’ (Digitally Yours)
- Normally, a project consists of several components
- Consulting, graphic design, website design, website development, SEO, and/or hosting are connected parts.
How do both parties agree?
The Client agrees to:
- Please provide the Company with all requested information, including text, images, and other materials, within a reasonable timeframe.
- Please provide the Company with text and images in the following format (see Photographs and Images).
- Provide feedback, sign off approval, and review the Company’s work.
- Keep all deadlines agreed upon.
- Pay according to the payment schedule outlined on our prices page or as agreed upon separately for bespoke work.
- Any confidential information to be presented between the parties should be informed in advance, whether through email, written communication, or verbal communication. Any written documents should also be clearly marked as confidential in the subject line.
- To cancel a contract, give one month’s notice in writing or by email.
The Company agrees to:
- Maintain a professional and timely service delivery system.
- Stay on top of any deadlines we have agreed upon
- You should make a reasonable number of revisions to the design, layout, colours, etc., until you are satisfied with the design concept, but no more than two major revisions should be made. There will be a separate charge for revisions or design work outside the scope of the project.
- Whenever possible, complete website revisions or updates within 48 hours. Depending on your support package, you will be entitled to a certain number of revisions per month.
- Training and research should be conducted regularly to maintain current skills and knowledge.
- Before the end of the first 12-month period, we will contact you to discuss your options for continuing website maintenance and support.
Website Design:
- Our websites are designed to work across all major browsers and platforms, including mobile phones and touchpads. As a result of updates and upgrades by their respective vendors, the Company cannot guarantee complete and/or long-term compatibility across all major browsers, platforms, and handheld devices.
- It is not possible for the Company to guarantee compatibility with old or redundant browser software.
E-commerce, database, and application development:
- Diis not responsible for any losses caused by software created for its clients. It is the client’s responsibility to ensure that all software is functioning properly before use, even though every effort has been made to ensure that products are problem-free and accurate.
- When applications are developed on servers not provided by Digitally Yours, the client is responsible for obtaining any information, additional software, support, or cooperation related to the server required to properly implement the application. The client is responsible for providing a suitable testing environment identical to the final production environment when developing large applications.
- Any application or programming related to a Digitally Yours site must be tested fully by the client before it is made generally available. Digitally Yours will endeavour (but is not obligated to) correct “bugs”, errors, or other issues found after the site is live in order to meet the brief’s functional standards.
Search engine optimization:
- Digitally Yours is not responsible for any losses caused by software created for its clients. It is the client’s responsibility to ensure that all software is functioning properly before use, even though every effort has been made to ensure that products are problem-free and accurate.
- Whenever applications or sites are developed on servers not provided by Digitally Yours, the client is expected to obtain or seek any information, additional software, support, or cooperation pertaining to the server required for the application to function correctly. The client is responsible for providing a testing environment that is identical to the final production environment when developing large applications.
- Any application or programming related to a Digitally Yours site must be tested fully by the client before it is made generally available. Digitally Yours will endeavour (but is not obligated to) correct “bugs”, errors, or other issues found after the site is live in order to meet the brief’s functional standards.
- Digitally Yours will provide recommendations after the gap analysis stage. All input must be included in order to be indexed.
- Digitally Yours would bill the customer on a time-and-material basis if the development effort for this service exceeded 40 Man Hours.
- Digitally Yours would need FTP access to the current site of the customer.
- Organic growth is the only focus of search engine optimization. It takes between four and six weeks to implement.
- If the customer needs immediate results, search engine marketing would be a better choice. There is no connection between this activity and SEO’s sub-activities.
- Digitally Yours does not guarantee immediate results or top positions within six months.
- SEO activities will benefit only if our recommendations are followed. Digitally Yours will not be held liable if any of these criteria aren’t met.
- Service taxes are extra.
- Termination of a contract requires 60 days’ advance notice.
- Payment terms
- Based on the previously discussed payment schedule, invoices will be raised
- Every month, payments are made at the beginning of the month.
- To stay on schedule, the company must receive any information (content) requested within 3-4 business days.
- The company must have FTP access to your hosting server and be willing to resolve any problems promptly.
- Any web statistics software for your website, Google campaigns, etc., should be available to the company.
- The number of hits per day cannot be guaranteed. The increase in your online marketing efforts will be dramatic, but you may have to be patient. Websites do not produce results the day after they are completed.
- According to the schedule, payment is due.
- The funds paid are not refundable if the project is in progress and cancelled.
- This project does not include any web applications or web scripting. These services must be discussed separately if you wish to receive them.
- The above costs do not include travel, boarding, and lodging expenses that may arise during system study, design, and implementation. Any actual expenses incurred will be charged to the client.
- Neither the hardware costs nor the backend databases/software that will be required to support the developers are included in these costs.
- Our services will be included in the project cost for up to 6 months. If you wish to continue improving your online marketing program after that period, you may do so through My Services at a rate determined at that time or terminate them. It will take 5-6 months for the website to start producing results and 6-9 months to realize full results.
Contract lengths and payments:
- Our prices page contains all information regarding payment schedules, or bespoke work can be discussed separately.
- A company can charge a client up to 85% of the total cost of web development. Upon agreement of the design concepts but prior to launch of the live website, the client can cancel the website agreement. It will depend on the project’s stage at the time of cancellation what the charge will be.
- Any cancellation during the first 12 months of the site will be considered a break in the contract. A cancellation like this would require immediate payment of the balance of the contract plus an admin fee (the admin fee covers the time used to discover the cancellation, generate an invoice, and mail it).
- Clients are solely responsible for updating or changing standing order mandates. Overpayments to the Company due to not updating a standing order mandate will not be reimbursed to the Client. Underpayments and missed payments, however, must be backdated to the point at which they were discovered. A reasonable period of time must be allowed for the Client to bring their account up to date.
- The company usually offers 12-month contracts unless a longer period has been agreed upon between the company and the client. To cancel a support or hosting contract, the company requires 30 days’ notice.
Images and photographs:
- Images and photographs should be in digital format, usually no smaller than 1024×768 pixels. It is also important that they have a resolution that allows them to be resized and used on screens. Scan paper photographs are acceptable, but there may be additional costs due to the time spent scanning and retouching the images. Depending on the project and the number of images involved, this will vary.
- The company will charge separately for images obtained from third parties or stock photographers.
- Clients guarantee that any text, graphics, photos, designs, trademarks, or Any artwork provided to the Company for inclusion on their website, or It is the Client’s responsibility to ensure that these elements are legally permitted to be used, and to hold the Company and its subcontractors harmless (including any solicitor’s fees and court costs) in the event of any claim or lawsuit arising from the use of the elements provided by the Client (both threatened and actual).
- Evidence of ownership or permission may be requested by the company.
Copyright:
- Copyright is automatically assigned after the initial 12-month period:
- Text files, images, graphics, and any visual elements, video, or sound bites will be owned by the Client or have express permission to use them. You may have sent us these items to use in connection with the project.
- All files used in your project will be maintained by the company. We are happy to provide you with a disc copy of all the files used in your project. Whenever you host with us, both local and external copies of your website files are maintained by us for a reasonable period of time (usually at least one year).
- We have licensed the copyright to markup, CSS files, and other code that we may have used for You or certain images that we may have supplied. As part of this web design project, and will be licensed exclusively to the domain name on which the website files reside. You own the copyright if you own the domain name.
- You can usually find Copyright and your business or company name at the bottom of the website page(s) after payment has been completed. We reserve the right to place a small and unobtrusive link at the bottom of your website as the company responsible for the design and/or development. As a result, your website’s design won’t be hindered or distracted.
- We reserve the right to display and link to your completed project as part of our portfolio, and to discuss the project in magazines, books, written or digital publications of any design or source. We will NOT add your site to our portfolio unless you inform us in advance.
Hosting:
All our clients’ websites are hosted on high-speed, state-of-the-art managed dedicated servers that utilize a Guaranteed minimum service availability level of 99.95% to ensure superior levels of performance and reliability. All our clients will receive details of our servers’ exact specifications upon request and free of charge.
Liability:
Missed launch dates or deadlines will not be the company’s responsibility. Any time the Client has failed to provide materials on time, or has not approved or signed off work on time.
Confidentiality:
All privacy, data transfer, and data retention regulations, as well as confidentiality regulations, are strictly adhered to by the Company. In accordance with our security policy, it always stores data sent to us securely.
General:
- Unless a special agreement has been reached in advance, a website will not launch without a standing order or BACS payment.
- Any additional features and/or design costs not covered by our Standard packages will be agreed upon and invoiced before the website goes live. For more information, please see the charges.
- Client will automatically be placed on what the company considers to be the most appropriate support package if he or she does not respond to the Company’s request to discuss or choose ongoing Support options.
- Clients who switch hosting providers will be charged a small admin fee.
- The hourly rate for any further changes or updates to a hosting-only website will apply.
- Any design changes requested after the initial agreed design have been approved may incur an additional fee.
- Unless otherwise specified by the client, the Company will not write or submit text copy.
- We cannot guarantee compatibility with all server operating systems from hosting providers if you host the Website elsewhere. Contact forms, database-driven websites, etc., are included here.
- The monthly fee will remain the same even if the website is hosted elsewhere.
- We do not offer technical support for any other website hosting company (if you choose not to host the website with us).
- There is no guarantee by the company that the functions contained within any web page (or part of your website design) will always be error-free, and thus the company will not be liable for any third-party damages, including lost profits, lost savings, or any other incidental, consequential or special damages arising out of the operation or inability to operate this website and any other web pages, even if you have been notified of such potential damage.
- This agreement will be deemed severable if any provision is unlawful, void, or unenforceable for any reason. There shall be no change in the validity and enforceability of any remaining provisions. This contract cannot be transferred to anyone else without our consent or permission, just like a fine.
- There is no need to renew this contract.
- The company has tried to keep the contract language simple, but its intentions are serious, and the contract is legally binding.
Here are the new Terms and Conditions:
Any provision of these terms and conditions may be added, deleted, or modified at any time without notice by Digitally Yours. Not receiving notification of a change does not invalidate it.
Service payment
Payment: You must pay us 50% of the total development costs at the start of the website development process. The remaining 50% will be paid upon completion of the website. We will begin development as soon as we receive the initial payment.
Mode of Payment: Our clients can pay directly or deposit funds into our company account for any services we provide.
After making the payment, please email us the scan of the deposit slip or call us at the number below.
Payment gateway
Clients can use their credit or debit cards online through the payment gateway. Online or Cash payments are both available.
Service Charges.
GST is required for some payments under Indian government regulations. Payments will be mailed to the client.
Online payments
Digitally Yours invoice payments using the online payment facilities are subject to the following terms and conditions.
- You will be charged for the selected currency as soon as the online payment form is completed.
- Digitally Yours may take 1-3 days to update your payment records due to the way external banking sites process transactions.
- Payments are deposited into the Digitally Yours bank account.
- Payments made online are secure.
- The Payment Gateway will process payments directly.
- High levels of encryption are used to protect credit card numbers.
- Your credit card information is not accessible by Digitally Yours.
- Confirmation:
- Your payment will be confirmed if it is successful.
- We will notify you if your payment is unsuccessful. Digitally Yours will not tell you why a payment failed, so contact your bank.
- Your invoice will be paid using one of the other payment methods described on the invoice if your payment fails. If you wish to continue using Digitally Yours services and Internet resources, please arrange an alternative payment method as soon as possible.
- You will receive an email confirmation of your payment details from Digitally Yours.
- Digitally Yours’s online payment facilities are subject to all Digitally Yours policies.
- The Digitally Yours privacy statement applies to all information you provide on the credit card payment facility forms.
- Digitally Yours’s Terms and Conditions for online payments may change at any time. Transactions are subject to the specific Terms and Conditions in effect at the time.
- Cancellation & Refund Policy.
Note*: If a service is canceled, clients won’t receive a refund
If the work is not started after payment has been made, the client will receive a 50% refund.
Timeline for delivery
Delivery of services usually takes 3 days or as agreed.