Terms & Conditions
A copy of these terms and conditions must be signed by all customers at the time of submission of work to Browse Digital, indicating agreement to and acceptance of these Terms and Conditions. Alternatively, payment of an advance fee or payment constitutes an acceptance of our terms and conditions.
Charges for services to be provided by Browse Digital are defined in the project quotation that the Customer has received via e-mail (hard copy available).
- Standard Rate for design and front-end work is £60.00 per hour plus VAT.
- Standard Rate for PHP development work is £80.00 per hour plus VAT.
Our Web site design services require an advance payment before the project is started. The remainder of the project total will be due upon completion of the work, prior to upload to the server or release of materials or as laid out in the project specification document. Charges for all design work do not cover the release of source files; if the Customer requires these items then a separate quotation can be prepared.
- All work carried out by Browse Digital is subject to VAT at the prevailing rate.
- Work for EU clients: No IVA/VAT is applicable as it is an Intra-Community charge. NB. Subject to a valid VAT (or similar) number being supplied.
Payment for services is due by cheque or bank transfer.
All payments must be received within 5 business days from receipt of invoice.
(It is important to note that when intermediate payments are invoiced – work does not progress until payment is received. If this will cause undesirable delays in the project then payments should be made promptly – or in advance.)
3. Turnaround Time and Content Control.
I. The duration will be set when the project actually begins and will be based upon the workload at that time. Workload queues often vary from two to eight weeks and can vary from one hour to the next as new projects of very different sizes come in.
II. Browse Digital will install and publicly post or supply the Customer’s Web site by the date specified in the project proposal, or if no such date is specified, within six weeks of the date initial payment is received from the Customer, unless a delay is specifically requested by the Customer and agreed by Browse Digital. In return, the Customer agrees to delegate a single individual as ‘first-point-of-call’ to aid Browse Digital with progressing the commission in a satisfactory and expedient manner.
III. During the project, Browse Digital will require the Customer to provide content and images. If content is not provided within four (4) weeks of an official request by email then Browse Digital reserves the right to advise the Customer of a revision to the final payment fee based on new or revised pricing schedules that may be introduced from time to time. If content is not provided within eight (8) weeks from the original email request then the Customer is considered to be in default of the commission, the project will be terminated and the Customer sent the final invoice for immediate payment. Browse Digital will agree, at its discretion, to recommence the commission after agreement is reached on a new quotation document and once the original fees have been paid.
4. Customer Review.
Browse Digital will provide the Customer with an opportunity to review the appearance and content of the Web site during the design and upon completion. After notification of the completion of each stage, the design will be deemed to be accepted and approved unless the Customer notifies Browse Digital otherwise within seven (7) days of the date the designs are made available to the Customer.
The quotation supplied is calculated solely from what appears in the specification document or documents specifically referred to therein, not on other documents, reference websites or conversations held. Because of this you should carefully note the following:
I. This specification is considered complete as is.
II. Anything not in the specification is not included – even if agreed to verbally or in writing elsewhere.
III. The functionality on any reference website is not considered part of the specification.
IV. Site design and structure as laid out in this document is based on content documents and images supplied prior to the start of the build. Such content will be added to the site as part of the build at a discounted data-entry rate as laid out in the quotation document. Extra data input over and above the hours quoted will be negotiated separately.
V. Invariably there will be items that were thought to have been included in this specification that were unintentionally missed. It will be presumed to be irrelevant how the omission occurred – the point is – they were therefore not present to have been included in the calculation of the quotation and therefore were not included in the price. Browse will provide a separate quotation for these items and reserves the right to complete these items at the conclusion of the project when the project has been fully paid for.
VI. Almost without exception there are additional items that were missed. The omissions generally average 15% of the total project cost but might be either lower or higher on any given project. Browse will do everything to prevent this happening and, in any case, would advise should such a situation occur. However, if extra functionality outside the scope of this document is requested, then it would be prudent for the client to plan for this in advance.
6. Standard Media Delivery.
Unless otherwise specified in the project quotation, this Agreement assumes that any text will be provided by the Customer in electronic format (ASCII text files delivered on floppy disk or via e-mail or FTP) 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 Browse Digital to return to the Customer any images or printed material provided for use in creation of the Customer’s Web site, such return cannot be guaranteed.
7. Access Requirements.
If the Customer’s Web site is to be installed on a third-party server, Browse Digital must be granted temporary read/write access to the Customer’s storage directories, and those directories must be accessible via FTP. Depending on the specific nature of the project, other resources might also need to be configured on the server. This work will attract a minimum charge of 2 hours work or £100.00+VAT, whichever is the greater.
8. Post-Placement Alterations.
Browse Digital cannot accept responsibility for any alterations caused by a third party occurring to the Customer’s pages once installed. Such alterations include, but are not limited to additions, modifications or deletions and in particular, changes to any installed CMS software.
All errors will be repaired without charge whenever they are found – for the life of the website. Other changes and enhancements will be charged at Standard Rate (see above) However, there is a one-hour minimum charge for any set of changes. Investigation and Troubleshooting time is always chargeable.
10. Design Credit.
A link to Browse Digital will appear in either small type or by a small graphic at the bottom of the Customer’s Web site. If a graphic is used, it will be designed to fit in with the overall site design.
11. Domain Names.
Browse Digital may purchase domain names on behalf of the Customer. Unless otherwise stated, payment and renewal of those domain names is the responsibility of the Customer. In which case, the loss, cancellation or otherwise of the domain brought about by late or non-payment is not the responsibility of Browse Digital. The Customer should keep a record of the due dates for payment to ensure that payment is received in good time.
Termination of services by the Customer must be requested in a written notice and will be effective on receipt of such notice. E-mail or telephone requests for termination of services will not be honoured until and unless confirmed in writing. The Customer will be invoiced for design work completed to the date of first notice of cancellation for payment in full within seven (7) days. Browse Digital reserve the right to termination of an account which is deemed to go beyond the initial quotation.
Invoices will be provided by Browse Digital upon completion of the work for Web Design and any associated services. Invoices are normally sent via email; however, the Customer may elect to receive hard copy invoices. Invoices are due upon receipt. Browse Digital payment terms are 7 (seven) days from date of invoice.
I.It is Browse Digital’s policy that any outstanding accounts for any work carried out by Browse Digital or its affiliates are required to be paid in full, no later than 30 days from the date of the invoice unless by prior arrangement with Browse Digital. Accounts unpaid thirty (30) days after the date of invoice will be considered to be in default. If accounts are not settled and Browse Digital have not been contacted regarding the delay, Browse Digital reserve the right to remove unpaid content from the Internet which shall include the website and thus any commissioned work. If the Customer in default maintains any information or files on Browse Digital Web space, Browse Digital will, at its discretion, remove all such material from its web space. Browse Digital will not be responsible for any loss of data incurred due to the removal of this content. Removal of such material does not relieve the Customer of the obligation to pay any outstanding charges assessed to the Customer’s account. If registration of a domain name has lapsed due to non-payment, it shall be the customer’s responsibility to carry out any new registration. Reinstatement of the content to the web space or re-registration of the domain on behalf of the Customer will incur a charge of £75.00 Plus VAT. Reinstatement will take place only when cleared funds for the outstanding payment and such reinstatement charges have been received.
II. Cheques returned for insufficient funds will be assessed a return charge of £25.00 and the Customer’s account will immediately be considered to be in default until full payment is received.
III. Customers with accounts in default will be pursued through legal channels and therefore agree to pay Browse Digital’s reasonable expenses, including legal fees and costs for collection by third-party agencies, incurred by Browse Digital in enforcing these Terms and Conditions.
The Customer retains the copyright to data, files and graphic logos provided by the Customer and grants Browse Digital the rights to publish and use such material. The Customer must obtain permission and rights to use any information or files that are copyrighted by a third party. The Customer is further responsible for granting Browse Digital permission and rights for use of the same and agrees to indemnify and hold harmless Browse Digital from any and all claims resulting from the Customer’s negligence or inability to obtain proper copyright permissions. A contract for Web site design and/or placement shall be regarded as a guarantee by the Customer to Browse Digital that all such permissions and authorities have been obtained. Evidence of permissions and authorities may be requested.
These Terms and Conditions supersede all previous representations, understandings or agreements. The Customer’s written acceptance, signature or payment of an advance fee constitutes agreement to and acceptance of these Terms and Conditions.
17. Governing Law.
This Agreement shall be governed by English Law.