Terms

The following terms and conditions apply to all services provided by 471 Digital LTD to the Client.

Definitions

The Client: The company or individual requesting the services of 471 Digital LTD.

471 Digital LTD: Primary web designer & web developer.

The Project: Web design, software development or other computer-related services being provided to the Client by 471 Digital LTD

Project Completion: Completion of components outlined in project breakdown.

Launch: Upload to the server or release of materials to the Client.

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.

Agreement

471 Digital LTD will carry out work only where an agreement is provided either by email, telephone, mail or fax. An ‘order’ is deemed to be a written or verbal contract between 471 Digital LTD and the client, this includes telephone, WhatsApp  and email agreements.

Please ensure that you read the project design, breakdown, quote and terms & conditions properly and that all details of the work are included, understood and mutually agreed on.

Timeframe

Unless otherwise agreed upon with the client, the timescale for completion of work may vary and can take from 1 to 3 months after approval of design and plan, depending on the scale of the work. Time-frames for the project will be discussed with the client, before the project commences. 471 Digital LTD will do their best to complete the project as soon as reasonably possible.

For a high standard of quality to be produced, please allow sufficient time for the project to be completed.

Content

During the project, 471 Digital LTD will require the Client to provide website content; text, images, movies and sound files. 471 Digital LTD is a small business, 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 and enquiries to ensure that the Client’s work is completed at the time arranged.

This is why we ask that the Client provides all the required information in advance. On any occasion where progress cannot be made with your website because we have not been given the required information in the agreed time frame, and we are delayed as a result, we reserve the right to impose a surcharge of up to 25%. If your project involves Search Engine Optimisation we need the text content for your site in advance so that the SEO can be planned and completed efficiently.

If you agree to provide us with the required information and subsequently fail to do within one week of project commencement, we reserve the right to close the project and the balance remaining becomes payable immediately.

Please Note: Text content should be delivered as a Microsoft Word, email (or similar) document with the pages in the supplied document representing the content of the relevant pages on your website. These pages should have the same titles as the agreed website pages. Contact us if you need clarification on this.

If the Client is using our content management system they will be able to keep their content up to date themselves.

Media Delivery

Unless otherwise specified in the project quotation, this Agreement assumes that any text will be provided by the Client in electronic format and that all photographs and other graphics will be provided physically in high quality print suitable for scanning or electronically in .gif, .jpeg, .png or .tiff format. Although every reasonable attempt shall be made by 471 Digital LTD to return to the Client any images or printed material provided for use in creation of the Client’s website, such return cannot be guaranteed.

Web Design

Whilst every endeavour will be made to ensure that the website and any scripts or programs are free of errors, 471 Digital LTD 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 471 Digital LTD until all outstanding accounts are paid in full, unless provided by the client previously.

Any scripts, cgi applications, php scripts, or software (unless specifically agreed) written by 471 Digital LTD remain the copyright of 471 Digital LTD and may only be commercially reproduced or resold with the permission of 471 Digital LTD.

471 Digital 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 471 Digital LTD and where no charge is made by 471 Digital LTD for such additions, 471 Digital 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 471 Digital LTD all materials required to complete the site to the agreed standard and within the set deadline.

471 Digital LTD will not be liable for costs incurred, compensation or loss of earnings due to the failure to meet agreed deadlines.

471 Digital 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 wrongdoing on the part of a site owner.

471 Digital 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.

471 Digital 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.

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.

Database, Application and E-Commerce Development

471 Digital 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.

Where applications or sites are developed on servers not recommended by 471 Digital LTD, the client is expected to provide or seek any information, additional software, support or co-operation pertaining to the server required in order for the application to be correctly developed. Where large applications are to be developed, it is the client’s responsibility to provide a suitable testing environment which is identical to the final production environment.

The client is expected to test fully any application or programming relating to a site developed by 471 Digital LTD before being made generally available for use. Where “bugs”, errors or other issues are found after the site is live, 471 Digital LTD will endeavour (but is not obliged to) to correct these issues to meet the standards of function outlined in the brief.

Payment

Unless agreed otherwise with the Client, 471 Digital has two main offerings, 471 Core & 471 Corelite Solution. A full, non refundable site set-up fee payment is required before work begins on any project, followed by subsequent monthly subscription fee. The Client can cancel this ay anytime to stop services.

Client Review

471 Digital LTD will provide the Client with an opportunity to review the appearance and content of the website during the design phase and once the overall project development is completed, but before upload to a server or release of the materials to the Client. The client must inform 471 Digital LTD of any amendments required within 7 days of design completion and within 7 days project development completion. At the completion of the project, such materials will be deemed to be accepted and approved.

Additional Work

If the client would like to design mock-ups of their project before the project commences, this service can be provided for an additional cost.

Please confirm immediately if any changes need to be made to the project breakdown and quote given. Any changes made after approval of the quote, including designs and any other material will incur a further charge.

Any additional work required by the Client on a previously completed project, will be considered as a separate project and will therefore incur charges of its own.

Client agrees to reimburse 471 Digital LTD for any additional expenses necessary for the completion of the work. Examples would be purchase of special fonts, stock photography, plugins etc.

Web Browsers

471 Digital LTD makes every effort to ensure websites are designed to be viewed by the majority of visitors. Websites are designed to work with the most popular current browsers (e.g. Mozilla Firefox, Microsoft Edge, Google Chrome, etc.). Client agrees that 471 Digital LTD cannot guarantee correct functionality with all browser software across different operating systems.

471 Digital LTD cannot accept responsibility for web pages which do not display acceptably in new versions of browsers released after the website has been designed and handed over to the Client. As such, 471 Digital LTD reserves the right to quote for any work involved in changing the website design or website code for it to work with updated browser software.

Domains, Web Hosting & Subscription

471 Digital LTD may purchase domain names, website hosting or other subscription services, on behalf of the Client. Payment and renewal of those domain names, website hosting, and other subscription services is the responsibility of the Client. The loss, cancellation or otherwise of the domain name, website hosting or other subscription services, brought about by non or late payment is not the responsibility of 471 Digital LTD. The Client should keep a record of the due dates for payment to ensure that payment is received in good time.

Privacy

Please read our full privacy policy for more information.

Abuse

We may limit or deny your access to support or terminate services if we determine, in our reasonable discretion, that you are acting, or have acted, in a way that results or has resulted in misuse of support or services, or abuse of 471 Digital LTD team members.

Termination

Termination of services by the Client must be requested in a written notice via email to legal@471digital.com or by cancelling the subscription fee.

If the client has paid in advance, no refunds will be issued for the project work which has already been completed to the date of the first notice of cancellation or termination.

Termination of services by the Client, may also incur additional charges, such as: the cost of transferring website hosting, domain names or other services away from 471 Digital LTD, to another provider.

General

These Terms and Conditions supersede all previous representations, understandings or agreements. The Client’s signature below or payment of an advance fee constitutes agreement to and acceptance of these Terms and Conditions. Payment online is an acceptance of our terms and conditions.

Govening Law

This Agreement shall be governed by English Law.

Liability

471 Digital LTD hereby excludes itself, its Employees and or Agents from all and any liability from:

Loss or damage caused by any inaccuracy;

Loss or damage caused by omission;

Loss or damage caused by delay or error, whether the result of negligence or other cause in the production of the web site;

Loss or damage to clients’ artwork/photos, supplied for the site. Immaterial whether the loss or damage results from negligence or otherwise.

The entire liability of 471 Digital LTD to the Client in respect of any claim whatsoever or breach of this Agreement, whether or not arising out of negligence, shall be limited to the charges paid for the Services under this Agreement in respect of which the breach has arisen.