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Website design terms and conditions

We will always do our best to fulfil your needs and meet your goals, but sometimes it is best to have a few things written down so that we both know what is what, who should do what and what happens if things go wrong. In these terms, you won’t find complicated legal terms or large passages of unreadable text. We have no desire to trick you into agreeing to something that you might later regret. We want what’s best for the safety of both parties, now and in the future.

The following terms and conditions apply to all website development, design and digital marketing services provided by Medico Digital.

We have tried to keep these Terms and Conditions brief, easy to understand, and as straightforward as possible. If you have any questions, please do not hesitate to contact us.

Definitions and interpretations

“Medico Digital” or “We” means Medico Digital Solutions Ltd;

“The Client” or “You” means any person, entity or company entering into contractual arrangements with Medico Digital for the provision of any services by Medico Digital;

“Content” means any material including without limitation any text, images, designs, shapes, logos, videos, recordings and trademarks displayed on a Client’s Website;

“Website” or “Site” means any website created by or developed by Medico Digital.

Acceptance

It is not necessary for any Client to have signed an acceptance of these terms and conditions for them to apply. If a Client accepts a quote then the Client will be deemed to have satisfied themselves as to the terms applying and have accepted these terms and conditions in full.

Please read these terms and conditions carefully. Any purchase or use of our services implies that you have read and accepted our terms and conditions.

What do both parties agree to do?

We have the experience and ability to perform the services you need from us and we will carry them out in a professional and timely manner. We will endeavour to meet all the deadlines set but we can’t be responsible for a missed launch date or a deadline if you have been late in supplying materials or have not approved or signed off our work promptly at any stage. On top of this, we will also maintain the confidentiality of any information that you give us.

As our client, you have the power and ability to enter into this contract on behalf of your company or organisation. You agree to provide us with everything that we need to complete the project including text, images and other information when we need it, and in the format that we ask for. We are a small business and to remain efficient we must ensure that work we have programmed is carried out at the scheduled time. On occasions, we may have to reject offers for other work to ensure that your work is completed at the time arranged.

You also agree to stick to the payment schedule set out at the end of this contract.

Legal stuff

We can’t guarantee that the functions or content contained in any web page templates or in a completed website will always be error-free and so we can’t be liable to you or any third party for damages, including lost profits, lost savings or other incidental, consequential or special damages arising out of the operation of or inability to operate this web site and any other web pages, even if you have advised us of the possibilities of such damages.

If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.

Confidential Information and Security

All information, drawings, specifications, documents, contracts, design material and all other data, which either party may have disclosed and may from time to time disclose to the other party relating to its business, customers, prices, services, requirements, the website, the Services and these Terms and Conditions, including any technical specifications (the “Confidential Information”), are proprietary and confidential to the disclosing party.

Each party hereby agrees and undertakes to the other that it will use such Confidential Information and all other data solely for the purposes of these Terms and Conditions and it will not, at any time during or at any time after the completion, expiry or termination of any Agreement use or disclose the same whether directly or indirectly, to any third party without the other party’s prior written consent.

Each party further agrees and undertakes that it will not itself or through any subsidiary or agent use, sell, licence, sub-licence, create, develop or otherwise deal in any Confidential Information supplied to it by the other party or obtained while performing any Agreement. Each party will ensure that each of its employees, agents or sub- contractors will comply with the provisions contained within this Clause.

The provisions of this Clause do not apply to any confidential information or data which:

  • is or becomes freely available in the public domain through no default of the receiving party; or
  • is required to be disclosed by any court of competent jurisdiction or statutory or regulatory authority; or
  • is received from a third party which owes no duty of confidentiality in respect of such information.

Copyright

You guarantee to us that any elements of text, graphics, photos, designs, trademarks, or other artwork that you provide to us for inclusion in the web site are owned by yourself or you have permission to use them. At the end of the project and after we receive your final payment, copyright is automatically assigned as follows:

You own the graphics and other visual elements that we create for you for this project. We will give you a copy of all files and you should store them really safely as we are not required to keep them or provide any native source files that we used in making them.

You also own text content, photographs and other data you provided unless someone else owns them.

We love to show off our work and share what we have learned with other people, so we also reserve the right to display a link back to our website on your completed project as well as include within our portfolio, write about the project on websites, in magazine articles and in books.

Websites

Any amount quoted for website projects, unless explicitly stated or agreed otherwise, excludes hosting of the website, domain name registering, video and image stock licenses and any additional licenses required for the operation/running of the website, outside of those agreed in the proposal. For every website project a timescale for delivery will be provided. If the project time extends outside of the allocated timescale due to:

lack or delay of correspondence from the client,
slow or delayed delivery of content from the client,
or changes to the initial spec/proposal by the client,
an additional charge may be incurred. Once a website has gone live (a state where the website is visible on a domain to the public), unless agreed otherwise, the client has 1 week to request any changes that relate to:

  • interoperability errors,
  • small tweaks (changes to be considered under one hour of labour),
  • or spelling mistakes.

After this period, unless agreed otherwise, changes to the website will become chargeable at our day rate.

After this 1 week period, if your website is not hosted on our hosting, unless agreed otherwise, any errors, downtime, detection of viruses, malware, slow loading times or any issues relating to the operation of the website or any system we install are the responsibility of the website host, we will charge a day rate if requested to aid in resolving any such errors. If you choose to host your website with another host other than Medico Digital and during or after the project additional work or correspondence is required from Medico Digital, the additional time will be charged at our day rate. (This includes additional time setting up any aspect of the server, correspondence to and from the server host, additional set up time as compared to using our own host).

All websites are developed to work primarily across all major browsers and platforms including other devices such as mobile phones and touchpads. However, we cannot guarantee complete and/or long term compatibility across every major browser, platform or handheld device due to updates/upgrades by their respective vendors. We also cannot guarantee compatibility in old or redundant browser software

Website Delivery

Unless explicitly stated or agreed otherwise, our website build and delivery process works off 4 stages:

Stage 1 – Initial Design

In order to start development we require a 40% Initial Payment for the full amount quoted under “Costing” in your project proposal or previous correspondence. Once payment is received development your new website will start on our test server, on the start date listed under “Project Timeline” in your project proposal.

Stage 2 – Design, operation and functionality

This is the stage in which input on the design, operation and functionality of the website is required from the client. Once the client has looked over the website on the testing server, we ask for input to the site via email or in a written format. During this stage only dummy content or limited content is used to demonstrate design, operation and functionality. We then make these changes listed by the client to the test website. Once the client is happy with these changes, we ask them to sign off on Stage 2 via email, phone or in a written format.

Stage 3 – Content and Tweaks

This is the stage in which input on the content and small tweaks of the website is required from the client. Please note that unless it’s agreed that copywriting, photography or stock image sourcing will be performed it is the client’s responsibility to produce all content for the website. We appreciate this can be a lengthy process so we urge all our clients to make sure they are prepared to deliver all website content within the project timeframe. If the project is delayed due to awaiting delivery of content from the client, an additional fee may be incurred.

In the case of a website redesign, we can source content from the previous site. Once the content on the site is populated and any required tweaks are made the client is then asked to sign off on stage 3 via email, phone or in a written format. This effectively ends the stage at which large content changes or large design changes can be made to the website. This is due to interoperability testing that is required to ensure the correct operation of the website across browsers and devices. To make larger design or content changes after testing would then require re-testing, incurring additional time, labour and costing.

Stage 4 – Testing and launch

Once stage 3 is signed off we start website interoperability and mobile testing. At the end of the testing stage the website displayed on the test URL is effectively the final version. At this time, the client is asked to sign off on the whole project via email, phone or in a written format. Once this is done the remaining 60% of payment is then due. As soon as the remaining 60% payment is received a launch date and time will be agreed with the client. Once the site is launched we allow a 1 week grace period for the client to request any changes that relate to:

  • Interoperability Errors
  • Small tweaks (changes to be considered under 1 hour labour)
  • Spelling mistakes

Outside of this grace period, unless agreed otherwise, changes to the website will become chargeable at our day rate. If we haven’t already done so, options for ongoing support will be discussed at this stage.

If at any stage we ask you for feedback and we do not hear back from you within 4 weeks, we will assume that no further changes are required and invoice for the remaining balance.

Medico Digital cannot be held liable for any missed launch date or deadline, if the client has been late in supplying materials, or has not approved or signed off work on ­time, at any stage.

Interoperability Testing Policy – As of 01/03/2018

Our interoperability testing performed on websites we build is exclusive to the most current browsers and versions, tablets, and phones that are above 1% usage worldwide only.

Browser Versions:

Google Chrome – Most Used to Least Used, which are over 1%

  • C63
  • C64
  • C49

Firefox – Most Used to Least Used, which are over 1%

  • FF58
  • FF57

Internet Explorer – Most Used to Least Used, which are over 1%

  • IE11
  • Edge16

Safari – Most Used to Least Used, which are over 1%

  • S11

Screen Sizes:

Desktop/Laptop – Most Used to Least Used, which are over 1%

  • 1366 x 768
  • 1920 x 108
  • 1440 x 900
  • 1280 x 800
  • 1600 x 900
  • 1024 x 768
  • 1280 x 1024
  • 1536 x 864
  • 1280 x 720

Tablets/Larger Phones

  • iPad Air 2 – 8
  • Samsung Galaxy Tab 4 – 10.1
  • Google Nexus 7

Mobile

  • iPhone | 8, 7, 6s (Safari)
  • iPhone SE (Safari)
  • Samsung Galaxy | S6, S7, S8 (Chrome)
  • Nokia Lumia 930 (Firefox)

Hosting

Hosting is invoiced in advance for a minimum of a 1 year period, unless agreed otherwise.

You may pay for hosting monthly, we will require written notice in advance should you want to opt for monthly billing, a 15% admin charge will be added to the monthly invoices. (this is to cover time and labour of processing 12 invoices instead of 1 invoice).

If you wish to cancel or move your hosting, we require 30 days written notice. We do not offer refunds for any hosting fees paid in advance.

In no circumstances do we release any server login details to anyone outside of Medico Digital (this excludes CMS login details).

If you require to move your website/emails to another host, we will provide an export of your website’s source code and database. There may be a fee to provide these files and if any outstanding invoices remain on your account we reserve the right to not release any files until all outstanding amounts are settled.

Our standard Website hosting allows 1GB of server hard drive space and 50GB of bandwidth.
If your website surpasses this limit an additional hosting charge may be applied, we will notify you via email if this is the case.

If your website or any script/file/resource associated with your website utilises a large amount of server CPU or RAM, additional work may be required to re-allocate your website to another host or optimise your files (you will be notified and this may be charged at an hourly rate).

Failure to pay hosting fees within the stated terms on your invoice may result in suspension of the hosting service. After 90 days if payment is not received all files associated to your hosting account will be deleted.

Hosting Support

In the case when a problem with your website or email arises, if you’re hosting is through our server you may notify us of the error via email and we will work to resolve any issues.

In the case where an error arises from internal errors we will do our best to resolve any issues inclusive of the monthly hosting cost.

In the case where an error arises through a circumstance caused by the client, an additional charge to resolve the issues may be applied. This may be due to:

excessive server load – we will do our best to resolve any issues inclusive of the monthly hosting cost.
a modification made by the client – an additional charge to resolve the issue may be applied.
Domains
In the case that Medico Digital acts on behalf of a client to register a domain the domain will be registered using domain privacy and set to auto renew on expiry.

It is the client’s responsibility to inform Medico Digital if they wish or intend to not renew the domain registration, otherwise the domain will be automatically renewed.

If the client wishes to transfer the domain away from Medico Digital’s registration service, a fee may be incurred.

Source Code/Artwork

We do not release any artwork or source code for any projects until full payment has been received. All designs, graphics and code remain the property of Medico Digital until full payment for the deliverables has been received.

An additional charge may be applied if artwork files are requested in a format that can be edited (PSD, AI).

SEO/Digital marketing

Please note that we recommend a minimum 3-6 month period for all SEO/digital marketing campaigns.

If you choose to pause or cancel your SEO or digital marketing campaign you must give at least 30 days written notice. You will still be charged for the following month if 30 days written notice notice is not given.

If you choose to pause or cancel your SEO campaign there is no guarantee that any rankings or traffic increases achieved will remain. There is a high possibility that they will remain for many months after the SEO campaign is paused or cancelled, but we do not guarantee this.

Please note that at any time a search engine may change their ranking algorithm, which may result in massive fluctuations in rankings. We do our best to allow for any changes but in some cases rankings may be massively affected either positively or negatively, through reasons beyond our control.

Unless explicitly stated otherwise all amounts quoted in all Medico Digital’s SEO quotes and invoices are monthly fees.

Please note that our SEO and digital marketing campaigns do not come with a guarantee of sales, enquiries or rankings. We do everything to ensure that we meet the KPI’s agreed in your SEO proposal /agreement, but we cannot guarantee a specific outcome due to the nature of SEO and Search Engines.

Please note: That we reserve the right to change these terms and conditions at any time, and its the user’s responsibility to check back to these terms and conditions on a regular basis. We recommend you Print this page with a clear date for your records.

Social media management

Social media management contracts are available for a minimum initial period of 3 months.

Any agreement shall commence on the date of acceptance by the client and shall continue for an initial period of 3 months and then rolling thereafter unless and until terminated by either party on giving to the other 30 days written notice such notice to expire no earlier than the end of the initial period.
For the clarification of doubt, Medico Digital are not responsible for any content uploaded to online websites including without limitation to blogs, forums and social media sites.

Price

Prices are quoted in pounds sterling and are exclusive of VAT, which shall be charged at the applicable rate.

All prices quoted and accepted may be increased by Medico Digital serving written notice of increase on the Client if any alteration to the specification or the services rendered is made at the request of the Client to the extent that such alteration would have given rise to an increase in the quoted contract price had it been allowed for.

All prices quoted in respect of website design shall not include the cost of images in respect thereof.

Payment terms

At the start of the project, we will invoice you for 40% (unless otherwise stated) of the total design fee. Once the project is completed we will issue an invoice for the balance of the total website cost.

Unless otherwise stated, our payment terms are 30 days. We are sure you understand how important it is as a small business that you pay the invoices that we send you promptly. Unless stated or agreed otherwise you must make payment within 30 days of receipt of any invoices.

Failure to do so WILL result in an interest charge of 8.5% under the Late Payment of Commercial Debts (Interest) Act 1998 and compensation arising from late payment under section 5A of the Late Payment of Commercial Debts (Interest) Act 1998.

The required payment timeframe is stated on all invoices. If we do not receive payment within this timeframe we will reserve the right to restrict the services that we provide, this will include suspension of hosting, websites and emails.

The ‘small print’

We can’t guarantee that the functions contained in a website will always be error-free, so we can’t be liable to you or any third party for damages of any kind, even if you have advised us of the possibilities of such damages.

Just like a parking ticket, you cannot transfer responsibilities set out in these terms to anyone else without our permission. These terms stay in place and need not be renewed.

If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.

Although the language is simple, the intentions are serious and these terms are a legal document under exclusive jurisdiction of English courts.

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