TERMS AND CONDITIONS
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This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
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STANDARD TERMS AND CONDITIONS OF BUSINESS
219Design undertakes to provide its clients with digital communication and related services of the very highest quality. Part of this commitment involves demonstrating transparency for our standard business practices.
'219Design' (our trading name), 'us', 'our', and 'we' refer to 219Design; registered office 1 Heathview, Hook, Hampshire RG27 9JW UK.
'Client' or 'you' is any individual or organisation which pays 219Design in return for products or services.
'Writing' includes email to a valid 219Design e-mail address, or standard post to our office address.
219Design will, in most cases, provide a written proposal for all proposed work, this may include a work and invoice schedule; this is valid for four weeks from date of issue. If the Client agrees to proceed with the work specified in the written proposal, the contract thereby formed shall be based solely on the contents of that written proposal unless specific variation is explicitly agreed in writing by both parties. Acceptance of the written proposal by the Client constitutes a legally binding obligation to pay for the work, materials, expenses and third party costs detailed therein whether or not the Client subsequently decides that they do not wish 219Design to provide these.
WORK AND INVOICE SCHEDULE
Once we receive your acceptance of our proposal in writing, we will start the work & invoice schedule either as specified in the proposal or as subsequently agreed otherwise. We undertake to publish the completed work on a testing server for you to inspect on time, provided that feedback time has not exceeded the planned schedule. Once the work is approved and payment for the final invoice is received, the completed work will be moved to the live web server and/or handed over to the Client. The final invoice will not be delayed by a lack of content or user testing for any website, where the Client is responsible for providing that content or user testing.
219Design undertake to provide a durable website and email hosting service with 99% uptime. If we do not meet this guarantee during a particular calendar month, the hosting charge for the following month can be foregone at the client's request. Payments must be paid in advance by bank transfer. Hosting charges may change according to size and bandwidth limits and work required to ensure security requirements are met. Clients are expected to make arrangements to close known security vulnerabilities in their Content Management System or codebase within two weeks of their release and install security modules or patches as advised by 219Design. Failure to do so constitutes a breach of contract and allows 219Design to terminate hosting services with 48hrs notice given to the client.
CHANGES IN PROJECT SCOPE
If at any time following acceptance of the proposal, you would like to change the specifications or other elements of the project, you must submit a written request specifying the changes to be made. 219Design will evaluate each request and submit to you a written response within three working days following receipt.
We will include in our response a statement of the availability of personnel and resources, the effect the proposed changes will have on the price of the overall project and project delivery dates. This change in project scope will need to be agreed before work will commence.
PROVISION OF DEPENDENCIES BY CLIENT
Sound project management identifies key dependencies without which other workstreams cannot proceed. Where the Client has been allocated responsibility for such dependencies but fails to honour them on time, 219Design cannot be held responsible for subsequent slippage of the timelines outlined in the proposal (or as subsequently amended in writing). Similarly if 219Design is asked by the Client to proceed with dependent workstreams in the absence of related dependencies (for example proceeding with a website build before the design has been signed off), Revolution retains the right to charge for the extra work involved in doing so at our standard day rates. For the avoidance of any confusion, this includes, but is not restricted to, any time spent by us on project management such as additional time spent planning or discussing with the Client or internally.
INVOICING OF ADDITIONAL WORK
Any work requested beyond the original specification in the agreed proposal will be invoiced at a schedule to be decided by 219Design. Such invoices will not necessarily be dependent on the original invoicing schedule outlined in the original agreed proposal.
Unless otherwise specified, all work done by 219Design will be tested and compatible on the current and prior major release of Chrome, Firefox, Internet Explorer and Safari on a rolling basis on Mac & Windows.
OUT OF HOURS WORK
Whilst we will make every effort to accommodate the needs of our Clients, we do not guarantee to be able to honour requests made for work to be undertaken outside our normal office hours of 9am till 6pm Monday to Friday and such requests will incur higher charges than work requested within these normal office hours.
219Design undertakes to provide digital and related services to the highest standards and Client feedback is a vital part of achieving that. Quality assurance is therefore a clearly defined phase of our workflow and we require all feedback, comments, issues or concerns within a defined period of time. It is the Client’s responsibility to make sure that all input is provided during this period to enable projects to conclude on time and on budget. Requests for corrections beyond the end of the defined quality assurance phase will incur additional charges at our standard day rates.
Whilst 219Design cannot guarantee that a particular domain name will be available, we will search for suitable, available alternatives on request. All Clients holding a domain must comply with the terms and conditions of the authority responsible for regulating the respective domain.
The authorities responsible for regulating domain registrations charge an annual fee to ensure the domain name is retained by the holder and cannot be registered by someone else. Non-payment of the annual fee will result in the domain name being released as available to other users. 219Design charges a fee for the registration and management of the domain name for a period of one year or more. This fee includes the fees to the regulatory authorities.
In all circumstances, the holder of the domain name will be responsible for ensuring renewal fees are paid. 219Design will accept no responsibility for the loss of domain names or websites due to a Client's failure to pay the required fees. The holder of a domain to be used in any 219Design project must ensure that administrative control of the domain is released from any previous web services provider before any work is undertaken.
Transferring domain names to other registrars or changing DNS settings on domains controlled by 219Design will be charged at our standards day rates.
SEARCH ENGINE OPTIMISATION
When search engine optimisation is included in the work schedule, 219Design will undertake to optimise and promote client websites as effectively as possible. However, we cannot guarantee a high position in search engine results.
The copyright for all material provided by the Client, such as graphics, photographs, logos and copy, will remain with the Client. The Client will give 219Design the right to publish and use this material for the purpose of website construction. The copyright for all material and intellectual property provided by 219Design, such as ideas, design, graphics, photographs and text, will remain the property of 219Design until such time as payment has been made in full. 219Design may grant the Client permission to use this material pending payment at its sole discretion in writing. Upon receipt of full payment, 219Design will transfer copyright to the Client but retains the right to keep copies and use all intellectual property and materials as described below.
Clients must obtain permission for 219Design to use any material which is copyright of a third party. The Client will agree to indemnify and hold harmless 219Design from all claims resulting from the Client's negligence or failure to obtain permission to use such copyright material.
GRANT TO 219DESIGN
Neither the Client or 219Design, without the other party’s prior written consent, may make any news release, public announcement, disclose the value of any agreement’s value or terms and conditions, or in any manner advertise or publish the fact of any agreement. Notwithstanding the above, 219Design may use the Client’s name and logo, consistent with the Client’s trademark policies, on customer lists so long as such use in no way promotes either endorsement or approval of 219Design or any 219Design products or services. Additionally, the Client agrees to make representatives available, subject to their availability and only on an occasional basis, to serve as a non-public reference to prospective 219Design customers to discuss the Client’s experience of working with 219Design. The Client also agrees to work with 219Design in developing and publishing case studies and press releases that describe its use of the 219Design's services, provided that such publicity neither expresses endorsement nor approval of 219Design or any 219Design products or services, unless agreed to otherwise by the Client.
PAYMENT TERMS / DEFAULT
Payment in full will be required by bank transfer (we do not accept cheques) within the agreed credit limit on any invoice issued by 219Design (on date of issue unless agreed otherwise). Accounts remaining unpaid 14 days beyond the agreed credit limit will be deemed to be in default until such time as full payment is received. 219Design will at its discretion, disable or remove websites and other files for any Client in default of payment. Such disabling or removal of material will not relieve Clients of their obligation to pay any outstanding charges. 219Design will charge interest on all late debts according to the Late Payment of Commercial Debt (interest) Act 1988. If an account remains unpaid 28 days beyond the agreed credit limit, then 219Design will commence debt recovery action, as necessary to recover the debt. By engagement of our services the Client warrants that they will be held liable for all third party collection costs, legal costs and disbursements which will include all costs incurred by 219Design in recovering the debt.
219Design may terminate any agreement forthwith if: the Client is in breach of any of its obligations under that agreement; or the Client has entered into liquidation (other than for the purposes of a bona fide amalgamation or reconstruction) whether compulsory or voluntarily or compounds with its creditors generally or has an administrator, administrative receiver or receiver appointed over all or a substantial part of its undertaking or assets; or the Client has become bankrupt or shall be deemed unable to pay its debts by virtue of Section 123 of the Insolvency Act 1986; or the Client ceases or threatens to cease to carry on business; or any circumstances whatsoever beyond the reasonable control of 219Design (including but not limited to the termination of the service through no fault of 219Design) arise that necessitate for whatever reason the termination of the provision of Services. In the event of termination of any agreement, 219Design shall retain any sums already paid to it by the Client without prejudice to any other rights 219Design may have whether at law or otherwise. Termination of any agreement by 219Design does not alter the obligation of the Client to pay all invoices due for work done prior to that termination.
219Design reserve the right to refuse to host, maintain, or service any website being used in violation of UK laws. 219Design reserve the right to remove any such material or website without giving reason or cause. However, the Client is ultimately legally responsible for the content of their site.
Except in respect of death or personal injury caused by 219Design’s negligence, 219Design will not by reason of any representation, implied warranty, condition or other term, or any duty at common law or under express terms of this contract, be liable for any loss of profit or any indirect, special or consequential loss, damage, costs, expenses or other claims (whether caused by the 219Design’s servants or agents or otherwise) in connection with the performance of any agreement or with the use by the Client of the services supplied. The Client shall indemnify 219Design against all damages, costs, claims and expenses suffered by 219Design arising from loss or damage to any equipment (including that of third parties) caused by the Client, or its agent or employees. 219Design shall not be liable to the Client or be deemed to be in breach of these Terms and Conditions by reason of any delay in performing, or any failure to perform, any of the 219Design’s obligations if the delay or failure was due to any cause beyond 219Design’s reasonable control. Where the Client consists of two or more persons such expression throughout shall mean and include such two or more persons and each or any of them. All obligations on the part of such a Client shall be joint and several obligations of such persons.
TERMS AND CONDITIONS
219Design reserves the right to change the contents of these terms and conditions at any time. This version of our terms and conditions came into force on 01 January 2014. If you have any queries relating to our standard terms and conditions of business, email us at firstname.lastname@example.org