DoTeX Designs - Terms and Conditions
These terms and conditions shall apply to the agreement between "Dotex Designs" and the "Client" applying for the provision of website design services and associated hosting and maintenance services or creation of any graphic design and other multimedia solutions by Dotex Designs. These terms and conditions are intended to form a binding contract between Dotex Designs and the Client. Dotex Designs reserves the right to make changes to this Site and to these Terms And Conditions at any time without prior notice. You should review these Terms And Conditions each time you access this Site or commission the services of Dotex Designs.
Definitions
"The Client": The company or individual requesting the services of Dotex Designs.
"Dotex Designs": The provider of website design services, hosting solutions, graphic designs and consultancy.
"The Client": The company or individual requesting the services of Dotex Designs.
"Dotex Designs": The provider of website design services, hosting solutions, graphic designs and consultancy.
General
Dotex Designs will carry out work only where an agreement is provided either by email, telephone or mail. Dotex designs will carry out work only for clients who are 18 years of age or above. An 'order' is deemed to be a written or verbal contract between Dotex Designs and the client, this includes telephone and email agreements.
Dotex Designs will carry out work only where an agreement is provided either by email, telephone or mail. Dotex designs will carry out work only for clients who are 18 years of age or above. An 'order' is deemed to be a written or verbal contract between Dotex Designs and the client, this includes telephone and email agreements.
Ordering proofing and payment
Upon placing an order the client will be asked to pay a deposit of up to 50%. Upon receipt of the deposit Dotex Designs will then begin design work and will incorporate any content supplied by the client. Once complete or during the development stages the service provided will be made available or shown to the client and the client asked to examine the service and tell Dotex Designs of any errors, omissions and any changes required. These will then be carried out by Dotex Designs and the service made available to demonstrate that the changes have been made. This process will be repeated
until the client accepts that the service is as required provided that the client adhere to the original agreement. Once accepted the final payment will then be due.
Upon placing an order the client will be asked to pay a deposit of up to 50%. Upon receipt of the deposit Dotex Designs will then begin design work and will incorporate any content supplied by the client. Once complete or during the development stages the service provided will be made available or shown to the client and the client asked to examine the service and tell Dotex Designs of any errors, omissions and any changes required. These will then be carried out by Dotex Designs and the service made available to demonstrate that the changes have been made. This process will be repeated
until the client accepts that the service is as required provided that the client adhere to the original agreement. Once accepted the final payment will then be due.
Cancellation by Client
Once an order is placed with Dotex designs the client has the right to cancel provided this is done within 7 days of the receipt by the client of the invoice and prior to the payment of the deposit and commencement of design work. Once design work has commenced refund of the deposit will not be given if the client refuses to continue the development process and full payment of the balance will be required in such circumstances. Cancellation must be sent to "Cancellation of Service"
Once an order is placed with Dotex designs the client has the right to cancel provided this is done within 7 days of the receipt by the client of the invoice and prior to the payment of the deposit and commencement of design work. Once design work has commenced refund of the deposit will not be given if the client refuses to continue the development process and full payment of the balance will be required in such circumstances. Cancellation must be sent to "Cancellation of Service"
Website Design
Whilst every endeavor will be made to ensure that the website and any scripts or programs are free of errors, Dotex Designs 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 Dotex Designs until all outstanding accounts are paid in full.
Whilst every endeavor will be made to ensure that the website and any scripts or programs are free of errors, Dotex Designs 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 Dotex Designs until all outstanding accounts are paid in full.
- Dotex Designs cannot take responsibility for any copyright infringements caused by materials submitted by the client. The designer reserves the right to refuse any material of a copyrighted nature unless adequate proof is given of permission to use such material.
- The customer agrees to supply Dotex Designs with all necessary materials, electronic, or otherwise, required to create and complete the project, and to supply them in a timely manner.
- The client agrees to supply Dotex Designs with all necessary materials, electronic, or otherwise, which are necessary to create and complete the service to the agreed standard and within the set deadline.
- Dotex Designs will not be liable or become involved in any disputes between the site owner and their clients and cannot be held responsible for any wrong doing on the part of a site owner.
- Dotex Designs 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.
Dotex Designs 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. - Dotex Designs reserves the right to refuse to handle in any way:
- any material which is inappropriate or unlawful, threatening, abusive, malicious, defamatory, obscene, pornographic, blasphemous, profane or otherwise objectionable in any way.
- any material containing a virus or other hostile computer program.
- any material which constitutes, or encourages the commission of, a criminal offence or which infringes any patent, trade mark, design right, copyright or any other intellectual property right or similar rights of any person which may subsist under the laws of any jurisdiction.
- Once a website has been designed and completed the final balance of payment is then due in accordance with the payment terms (see below). There are no exceptions to this. If the client decides they no longer require the website, but have commissioned the work, they are still obliged to pay for the work that has been carried out. Non payment may result in legal action being taken if necessary.
- The Dotex Designs copyright notice and hyperlink must remain on the footer of the designed site. The customer also agrees to Dotex Designs to place websites and other designs, along with a link to the client's site on Dotex Designs own website for demonstration purposes and to use any designs in its own publicity.
- Ownership of the website remains with Dotex Designs until Client acceptance has been received. Thereafter Dotex Designs grants the Client non-exclusive use of design features and material not originally supplied by the Client. This use is limited to the single Internet site created by Dotex Designs under this contract, and comprises solely the HTML,PHP or any pages created, or their equivalents, and Macromedia Flash .swf files if relevant. If a choice of design is presented, only one solution is deemed to be given by Dotex Designs as fulfilling the contract. All other designs remain the property of Dotex Designs, unless agreed in writing that this arrangement has been changed.
Payment of Accounts
A deposit of up to 50% will be requested for a project before any design work is carried out. The deposit can be paid either by cheque, bank transfer, postal order or using credit or debit cards via Paypal. Returned cheques will incur an additional fee of £20 per returned cheque. Dotex Designs reserves the right to consider an account to be in default in the event of a returned cheque.
A deposit of up to 50% will be requested for a project before any design work is carried out. The deposit can be paid either by cheque, bank transfer, postal order or using credit or debit cards via Paypal. Returned cheques will incur an additional fee of £20 per returned cheque. Dotex Designs reserves the right to consider an account to be in default in the event of a returned cheque.
It is the policy of Dotex Designs that any
outstanding accounts for work carried out by Dotex Designs are required to be paid in full, no later than 30 days from the date of the
invoice unless by prior arrangement.
Once a deposit is paid and work completed you are obliged to pay the balance of payment in full. Dotex Designs will contact clients
via email and telephone to remind them of such payments if they are not received when due.
If accounts are not settled or Dotex Designs has not been contacted regarding the delay, access to the related website may
be denied and web pages removed. Removal of such materials does not relieve the customer of it's obligation to pay the due amount. Dotex Designs may then pass such cases to the Small Claims Court to pursue payment. The client will pay Dotex Designs reasonable legal expenses and third party collection agency fees in the enforcement of these Terms and Conditions. Non
payment can result in county court judgements being added to the clients credit rating.
Cancellation by Dotex Designs
Dotex Designs reserve the right to cancel this contract at any time without explanation or compensation, returning all materials supplied by the client.
Dotex Designs reserve the right to cancel this contract at any time without explanation or compensation, returning all materials supplied by the client.
Rights of access for website construction
The client agrees to allow Dotex Designs all necessary access to computer systems and other locations, as required, in order to complete a website project until receiving written confirmation from the client advising otherwise, including the necessary read/write permissions, usernames and passwords. The customer also agrees to allow Dotex Designs access to any computer systems, usernames and passwords required to remove data and/or sites for failure to comply with these Terms and Conditions.
The client agrees to allow Dotex Designs all necessary access to computer systems and other locations, as required, in order to complete a website project until receiving written confirmation from the client advising otherwise, including the necessary read/write permissions, usernames and passwords. The customer also agrees to allow Dotex Designs access to any computer systems, usernames and passwords required to remove data and/or sites for failure to comply with these Terms and Conditions.
Website Changes
Websites designed by Dotex Designs include a user interface to enable the client to manage the content of the website. Dotex Designs will provide training to the client to enable them to use the editing interface. Furthermore where a hosting arrangement exists between the "Hosting Company" and the client, Dotex Designs will provide help and support via telephone or email at the client request. Such support will be free during the development of the website, no further charges will be incurred.
Websites designed by Dotex Designs include a user interface to enable the client to manage the content of the website. Dotex Designs will provide training to the client to enable them to use the editing interface. Furthermore where a hosting arrangement exists between the "Hosting Company" and the client, Dotex Designs will provide help and support via telephone or email at the client request. Such support will be free during the development of the website, no further charges will be incurred.
Website Maintenance
In the case of Client maintaining the website, the Client will be provided with logon details and password. No additional charges are made. Any page which has been amended directly by a Client becomes the Client's own responsibility including the provision of backups. Dotex Designs will, at their sole discretion, offer reasonable assistance in resolving issues that arise.
In the case of Client maintaining the website, the Client will be provided with logon details and password. No additional charges are made. Any page which has been amended directly by a Client becomes the Client's own responsibility including the provision of backups. Dotex Designs will, at their sole discretion, offer reasonable assistance in resolving issues that arise.
In the case of Dotex Designs maintaining the website for minor edits, Dotex designs will, at no charge, make minor edits on request to an existing website created and hosted by Dotex Designs within the time frame of website development or a month after full payment. A minor edit is one of the following:
- a change to or addition of a telephone/fax number, email address or postal address
- a correction of a spelling mistake or other 'typo'.
- a change to opening times or equivalent features.
- a change to prices (limited to 20 products, thereafter chargeable).
- a change of up to 30 words within one paragraph.
In the case of Dotex Designs maintaining website for major edits, if the Client requests changes to an existing website which fall outside of the 'minor edits' defined above, Dotex Designs will be entitled to raise a pre-agreed charge on a per occasion basis, to be paid in advance. Dotex Designs reserve the right to judge whether the scope of such a potential edit has been exceeded and actually constitutes a major site redesign.
Search Engine Optimisation
Websites designed by Dotex Designs will contain appropriate keywords and both content and meta content to be both user friendly and visible to a range of search engines. All sites will be submitted to a range of search engines on completion. No guarantees will be given as to a client's website position in the search engines as the search engines change their ranking algorithms on a regular basis. Additionally, both new sites and competitor sites may be being optimised and submitted everyday. SEO work carried out by Dotex Designs aims to increase visibility and ranking, but It is not possible to give a 100% guarantee for any specific result on any search engine, nor can Dotex Designs quantify the level of increased traffic or sales, as a result of any SEO campaign.
Websites designed by Dotex Designs will contain appropriate keywords and both content and meta content to be both user friendly and visible to a range of search engines. All sites will be submitted to a range of search engines on completion. No guarantees will be given as to a client's website position in the search engines as the search engines change their ranking algorithms on a regular basis. Additionally, both new sites and competitor sites may be being optimised and submitted everyday. SEO work carried out by Dotex Designs aims to increase visibility and ranking, but It is not possible to give a 100% guarantee for any specific result on any search engine, nor can Dotex Designs quantify the level of increased traffic or sales, as a result of any SEO campaign.
Compatibility
Dotex Designs will endeavor to ensure that any developed/designed website or application will function correctly on the server it is initially installed on and that it will function correctly when viewed with the web browsing software Microsoft Internet Explorer Version 7, Mozilla firefox and Opera browsers. Dotex Designs can offer no guarantees of correct function with all browser software.
Dotex Designs will endeavor to ensure that any developed/designed website or application will function correctly on the server it is initially installed on and that it will function correctly when viewed with the web browsing software Microsoft Internet Explorer Version 7, Mozilla firefox and Opera browsers. Dotex Designs can offer no guarantees of correct function with all browser software.
Domain Registration
Dotex Designs do not warrant or guarantee that the domain name applied for will be registered or is capable of being registered by you. Accordingly, you should take no action in respect of your requested domain name(s) until you have been notified by us that your requested domain name has been fully registered. The registration of the domain name and its ongoing use is subject to the relevant naming authority's terms and conditions of use and you are responsible for ensuring that you are aware of those terms and conditions and you do comply with them.
Dotex Designs do not warrant or guarantee that the domain name applied for will be registered or is capable of being registered by you. Accordingly, you should take no action in respect of your requested domain name(s) until you have been notified by us that your requested domain name has been fully registered. The registration of the domain name and its ongoing use is subject to the relevant naming authority's terms and conditions of use and you are responsible for ensuring that you are aware of those terms and conditions and you do comply with them.
Website Hosting Provider
Whilst Dotex Designs provides hosting accounts, no guarantees can be made as to the availability or interruption of this service. Dotex Designs cannot accept liability for losses caused by the unavailability, malfunction or interruption of this service, or for loss of turnover, sales, revenue, profits or indirect, consequential or special loss.
Whilst Dotex Designs provides hosting accounts, no guarantees can be made as to the availability or interruption of this service. Dotex Designs cannot accept liability for losses caused by the unavailability, malfunction or interruption of this service, or for loss of turnover, sales, revenue, profits or indirect, consequential or special loss.
Dotex Desings does not allow its hosting facilities to be used for illegal, immoral or distasteful websites. The Client agrees that any content introduced to the site may be inspected by Dotex Designs staff without hindrance and notes that hosting may be withdrawn without notice if such content is found. The client acknowledges that they are wholly responsible for the content of their website, and the client indemnifies Dotex Designs for any claims made to the client as a result of their website content.
Where Dotex Designs host a domain name, email services are provided as follows unless otherwise agreed: //to be reviewed
Where Dotex Designs host a domain name, email services are provided as follows unless otherwise agreed: //to be reviewed
- up to 10 POP email addresses;
- email forwarding as required.
- maximum email storage of 50Mbytes per mailbox
- maximum individual email attachment size of approx 5MBytes
Graphic Designs
This include amongst other, logo designs, banners and other high quality graphics as agreed between client and Dotex Designs. For this services, the client acknowledge and agree to the following:
This include amongst other, logo designs, banners and other high quality graphics as agreed between client and Dotex Designs. For this services, the client acknowledge and agree to the following:
- Dotex Designs is only providing graphic design services and has no obligation or duty of any kind to provide any legal advice or other service to you regarding the graphic design or to perform any trademark clearance search or any other enquiry of any kind related to the design. It is solely your responsibility to determine if the graphic design is suitable and appropriate for your use and to obtain the advice of a solicitor regarding whether the graphic design is legally available for your use and does not infringe the rights of another party.
- Dotex Designs does not guarantee that your graphic design will not have similarities to other graphic design designed by Dotex Designs for other parties. You are obtaining no right or claim of any kind to any individual design element or elements of the graphic design apart from your graphic design as a whole and Dotex Design reserves the right to use one or more of the design elements in other graphic design projects for other parties in the future.
- The graphic design artwork will be made available to you in a mutually agreed format upon full payment of due amounts. Dotex Designs reserves the right to display the graphic design in Dotex Designs advertising, promotional, and corporate materials related to its graphic design services.
Limitations of Liabilities
- Where Clients use a third party product or service (e.g. Macromedia Contribute for website editing or PayPal/Worldpay for e-commerce) then their relationship is exclusively with the supplier of that product. Though Dotex Designs may introduce these products and services, it is entirely up to the Client to inform themselves both as to benefits and risks and to correct usage.
- Dotex Designs can in no circumstance be responsible for any loss, or consequential loss of data, or non-delivery of products or services, of whatever cause. While we take resonable steps to investigate the materials we recommend, we accept no responsibility for the performace or quality of materials or any consequential loss arising from their failure. The customer agrees not to hold Dotex Designs responsible for any such loss or damage. Any claim against Dotex Designs shall be limited to the relevant fee(s) paid by the customer in the relevant order.
- Dotex Designs reserves the right to use the services of sub-contractors, agents and suppliers and any work, content, services and usage is bound by their Terms and Conditions. Dotex Designs will not knowingly perform any actions to contravene these and the client also agrees to be so bound.
- Whilst every effort will be made to ensure stringent quality and error checking, Dotex Designs will not be liable to the Client, or any other third-party for any damages, including any lost profits, lost savings or other incidental, consequential or special damages arising out of the operation of or inability to operate the website, even if Dotex Designs has been advised of the possibility of such damages. At no time will AeroDesign's responsibilities for accidentally including erroneous information extend beyond reasonably correcting the error.
- Dotex Designs shall not be liable for any failure to register or renew any website name (domain name) as requested by the Client, or for any delay in so doing which results in the loss of the domain name. Clients are advised that registration is ultimately their responsibility.
- Dotex Designs shall not be liable for the loss or delay of any email directed to or from an email address supplied under the Dotex Designs service. Clients are advised that it is their responsibility to perform regular checks that their Dotex Designs email is fully operational.
- These terms constitute the entire agreement between Dotex Designs and the Client, notwithstanding any previous agreement be it written or oral or in any other form. Heading are indicative only, and should not be used to further define any clause. Any variation to these terms are valid only if agreed in writing and signed by a Partner of Dotex Designs.
- Dotex Designs makes no warranties of any kind, express or implied, for any and all products and/or services that it supplies. Dotex Designs will not be held responsible for any and all damages resulting from products and/or services it supplies.
Complaints Procedure
In the unlikely event that a client experiences a problem with the services provided by Dotex Designs, the client should raise the matter directly with Dotex Designs, giving sufficient information to locate the material (such as a url) and clearly outlining the grounds for complaint. Dotex Designs will then endeavour to resolve the matter to the satisfaction of the complainant.
In the unlikely event that a client experiences a problem with the services provided by Dotex Designs, the client should raise the matter directly with Dotex Designs, giving sufficient information to locate the material (such as a url) and clearly outlining the grounds for complaint. Dotex Designs will then endeavour to resolve the matter to the satisfaction of the complainant.