Terms & Conditions
A copy of these terms and conditions must be signed by all new 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 receives via e-mail (hard copy available). All Web site design services are subject to our payment terms as laid out in the project specification document. In any case, we require an advance payment of a minimum of forty (40) percent of the project quotation total before the work is started or supplied to the Customer for review. Forty (40) percent is due when 80% of the work is deemed to be complete. The remaining twenty (20) percent of the project quotation total will be due upon completion of the work prior to upload to the server or release of materials. All work carried out by Browse Digital is subject to VAT at the prevailing rate. Charges for web design work does not cover the release of source files; if the Customer requires these items then a separate quotation can be prepared.
Payment for services is due by cheque or bank transfer.
Cheques should be made payable to Browse Digital and sent to:
Forum House Stirling Road Chichester West Sussex PO19 7DN.
Payment by bank transfer should be made to:
Account name: Browse Digital Limited.
Account no. 40689355
Sort Code 09-01-27.
3. 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 once they are completed. At the completion of each stage, such designs 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.
4. Turnaround Time and Content Control.
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 four 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.
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.
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’s payment terms are 7 days.
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 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. Reinstatement will take place only when cleared funds for the outstanding payment and such reinstatement charges have been received.
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.
Accounts not paid by 30 days past the due date may also be subject to a late payment fee; This is a charge to cover administrative costs which currently stands at 5% of the outstanding invoice. 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.
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.
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.
9. 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.
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. 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.
12. 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.
13. 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.
These Terms and Conditions supersede all previous representations, understandings or agreements. The Customer’s written acceptance and signature or payment of an advance fee or deposit constitutes agreement to and acceptance of these Terms and Conditions.
15. Governing Law.
This Agreement shall be governed by English Law.