Terms & Conditions
Standard Terms & Conditions of Trading
DS Creative Limited (Hereinafter referred to as the Company or We)
All users of the Company’s services, accept the following terms of business irrespective of the mode or manner of ordering employed by the Customer when ordering the services.
- Quotations are based on the current costs of production and are subject to amendment by the Company on or at any time after acceptance to meet any rise or fall in such costs.
- All quotations are made and all orders are accepted subject to these Conditions of Trading and no variation thereof is valid or permitted unless made or authorised in writing by a Proprietor of the Company.
- Quotations shall be available for acceptance for a period of 30 days from the date hereof and may be withdrawn by the Company within such period at any time without notice.
Work carried out whether experimental or otherwise at Customer’s request will be charged.
- Proofs may be submitted for Customer’s approval, and in that event no responsibility will be accepted for any errors in them not corrected by him/her. Customers are wholly responsible for ensuring proofs are correct before printing including, but not limited to, colours, size, text content (including spelling and grammar), contact details and number of pages.
- We cannot be held responsible for errors on proofs, even if the original content was supplied correctly by the customer.
- Author’s corrections, including alterations in style, and the cost of additional proofs necessitated by such corrections, will be charged extra.
- Corrections requested after approval of proofs may be charged at up to 100% of the quoted price.
- As long as the finished product is consistent with the proof supplied, you must pay in full for the work
- Where the customer supplies artwork, proofs are not supplied. Responsibility for ensuring the supplied file is correct is with the customer.
- Work shall be paid for upon collection unless otherwise agreed via a credit agreement with the Company. If completed work is not collected and paid for within seven days of completion this will be deemed a default on payment and will result in payment on order terms being introduced for future work orders.
- Non payment of completed work on collection will result in future work orders being payment upfront whereby all Customer monies must have cleared in the Company bank account before work commences. The company also reserves the right not to trade with customers who default on payment.
- Credit agreements may be setup on the completion of the Company Account Application form. Customer credit, trade and full banking checks will be made by the Company once submitted. On completion of checks the Company will assess the viability of issuing credit to the Customer and may offer terms ranging from seven to thirty days. The Company will decide the Customer credit limit on a case by case basis.
- Customers that have requested delivery of goods to their address by the Company must pay in full before they are delivered unless credit terms have been agreed.
- Delivery of work shall be accepted when tendered and thereupon or on notification that the work has been completed payment shall become due.
- Time for delivery is not guaranteed and shall in no circumstances form part of any contract between the Company and the Customer. The Customer shall have no right of action for damages nor to cancel the order in the event of failure to meet any delivery date whether expressly stated or otherwise for whatever reason the same shall have occurred.
- Cancellation will only be agreed to by the Company on the condition that:
- all costs and expenses incurred by the Company up to the time of cancellation and,
- all loss of profits and other loss or damage resulting to the Company by reason of such cancellation (as to all of which the Certificate of the Company’s Auditor shall be final and conclusive) will be reimbursed by the Customer to the Company forthwith.
- Any special terms of payment on any particular Contract shall be subject to prior negotiation but once determined shall constitute a term of the contract. If advance payments are provided the payments must be received by the Company on or before the date. In the event of the Customer failing to make a payment in accordance with the foregoing provisions or the contract terms within 30 days the Customer shall pay to the Company interest on the contract price outstanding at the rate of 3% per calendar month. Prices in respect of deliveries shall become due for payment 30 days after the date of delivery or as stated on the invoice. The time of payment is the essence of the contract and payment at a due date is a condition precedent to further deliveries.
- Should expedited delivery be agreed and necessitate overtime or other additional cost then extra charge may be made.
- Should work be suspended at the request of or delayed through any default of the Customer for a period of 14 days the Company shall then be entitled to payment for work already carried out and materials specially ordered.
- Where no credit account is established, the Customer may be required to supply credit card details to secure the commencement and completion of an order. In the event of non-collection or non-payment payment by other means the Company reserve the right to use said credit card details to settle the outstanding amount.
- If payment is not received for any Web hosting or Web design service the Company reserve the right to immediately remove the Customer’s website from viewing on the internet and suspend further work. Such removal or withholding does not relieve the Customer of his obligation to pay any charges or interest.
- If any items of work including prints, original files and other completed goods belonging to a Customer are not collected from the Company’s premises within two months after the Customer has been advised of the completion of the goods, We reserve the right either to charge for storage at £10 per week or dispose of such material. Customers must inform the Company in writing by email if they want the uncollected goods destroying instead of paying for their storage. If the Customers goods are still uncollected after six months we will automatically dispose of them.
Every endeavour will be made to deliver the quantity ordered but quotations are conditional on a margin of 5% being allowed for overs or shortage. Shortages will be deducted from the quoted price pro rata.
Claims arising from damage, delay or partial loss of goods in transit must be made in writing to the Company and Carrier so as to reach them within three days of delivery, and claims for non-delivery within 28 days of despatch of the goods. All other claims must be made to the Company within 7 days of collection or delivery.
- The Company shall not be liable for indirect loss or third party claims occasioned by delay in completing the work or for any loss to the Customers arising from delay in transit.
- Where work is defective for any reason, including negligence, the Company’s liability (if any) shall be limited to rectifying such defect.
- Digital origination, film and other materials used by the Company in the production of type, plates, moulds, stereotypes, electrotypes, film-setting, negatives, positives, hard copy and the like shall remain the Company’s exclusive property.
- Lithographic, digital information or other work may be effaced immediately after the order is executed unless written arrangements are made to the contrary. In the latter event, rent may be charged.
- Origination supplied to the customer in the form of digital information is supplied expressly for his/her personal use and constitutes a loan. Such information may not be supplied or used in part or entirety by a third party unless notification in writing is obtained by the customer from the company prior to any information transfer when a license fee may be charged.
Customer’s property and all property supplied to the Company, by or on behalf of, the Customer, will be held, worked on, and carried at Customer’s risk. Responsibility will not be accepted for imperfect work caused by defects in or unsuitability of material so supplied.
- The Company may reject any digital media, paper, plates or other materials supplied or specified by the Customer which appear to him to be unsuitable. Additional cost incurred if materials are found to be unsuitable during production may be charged.
- Where materials are so supplied or specified, responsibility for defective work will not be accepted by the Company unless this is due to his failure to use reasonable skill and care.
- Quantities of materials supplied shall be adequate to cover normal spoilage.
- The Company reserve the right to refuse to handle any media which contains a virus or hostile program. In the event a virus or hostile program is detected the media may be deleted.
- Unless the Company shall otherwise specify in writing all goods manufactured for, or supplied or sold by, the Company to the Customer shall be and remain the property of the Company until the contract or purchase price is paid in full and irrespective of any subsequent sale to a third party and notwithstanding that
- The Customer or the Customer’s agent may obtain possession of the good and
- That the risk in the goods shall pass to the Customer on their delivery to the Customer who should therefore insure the same.
- Should the goods become constituents of or be converted into other products while subject to the Company’s legal or equitable and beneficial ownership in such other products as if they were solely and simply the goods, and accordingly Condition (a) hereof shall as appropriate apply to such other products.
- In the event of the Customer reselling or otherwise disposing of the goods or any part thereof, before the property therein has passed to the Customer then the Customer will until payment in full to the Company of the price of the goods, hold in trust for the Company all of the Customer’s rights under any such contract of resale or any other contract in pursuance of which the goods or any part thereof are disposed of, or any contract by which property comprising the said goods or any part thereof is to be disposed of, and any monies or other consideration received by the Customer thereunder.
- If the Customer being an individual (or, when the Customer is a Firm, any Partner in the Firm) shall at any time become bankrupt, or shall have a receiving Order or Administration Order made against him or shall make any composition or arrangement with, or for the benefit of his Creditors, or shall make any Conveyance or Assignment for the benefit of his Creditors or shall purport to do so, or if in Scotland he shall become insolvent or notour Bankrupt, or any Application shall be made under any Bankruptcy Act for the time being in force for sequestration of his Estate or a Trustee shall be granted by him on behalf of his Creditors, or if the Customer, being a Company shall pass a resolution, or the Court shall make an Order that the Company shall be wound up (not being a Members’ Winding Up for the purpose of reconstruction or amalgamation) or if the Receiver, or Manager on behalf of a Creditor, shall be appointed, or if circumstances shall arise which entitle the Court or a Creditor to appoint a Receiver or Manager, or which entitle the Court to make a Winding up Order then:
- It is hereby expressly provided that the goods in the possession order or disposition of the Customer at any of the aforesaid times shall not be deemed to be in the Customer’s said possession in such circumstances that the Customer is the reputed owner thereof and
- The right of the Customer to possession of the goods shall cease and the Company iii) shall be at liberty:
- To cancel the Order summarily by Notice in Writing without compensation to the Customer or
- To give any such Receiver or Liquidator or other person the option of carrying out the contract or
- To enter upon the Customer’s or the Customer’s Agent’s premises to recover the goods and the Company is hereby expressly authorised so to do.
The copyright of all origination including drawings and designs submitted by the Company to the Customer or the Customers Agents shall remain the property of the Company.
- The Company shall not be required to handle any media or print any matter which in his opinion is or of an illegal or libellous nature.
- The Company shall be indemnified by the Customer in respect of any claims, costs and expenses arising out of any libellous matter produced for the Customer or any infringement of copyright, patent or design.
The Company accepts no responsibility as to the suitability of any printed product. In cases where such printing may be used for clothing labels, food packaging etc; it is the Customers sole responsibility to ensure the suitability prior to printing, no claim will be entertained.
Every effort will be made to obtain the best possible colour reproduction on customers work but due to the nature of the process involved the Company shall not be required to guarantee an exact match in colour or texture between the printed result and any proof or existing copy so supplied. Pantone ink matches cannot be produced using the full colour process. Any proof copies issued are not colour accurate and are issued for content checking only.
The Company have no control over the production of artwork supplied by customer and or their agents, the guide produced by the Company here: https://www.dscreative.co.uk/artwork-submission is a basic guide only and in no way provides an exhaustive or guaranteed result. Where customers or their agents supply artwork for print on disk/CD or via any other electronic means this is done entirely at the customers own risk. The Company cannot accept responsibility for the quality or accuracy of the printed product.
- The Company make no representation that the domain name you wish to register is capable of being registered by or for you or that it will be registered in your name. You should therefore not assume registration of your requested domain name(s) until you have been notified that it has or they have been registered. Any action taken by you before such notification is at your risk;
- The registration and use of your domain name is subject to the terms and conditions of use applied by the relevant naming authority; you shall ensure that you are aware of those terms and conditions and that you comply with them. For UK domain registrations you shall ensure that you are aware of the terms and conditions of Nominet UK, the UK naming authority, that can be found at http://www.nominet.org.uk/nominet-terms.html and that you comply with them. You shall have no right to bring any claim against us in respect of refusal to register a domain name or cancellation of the domain name by the relevant naming authority. Any administration charge paid by you to us shall be non-refundable notwithstanding refusal by the naming authority to register your desired name.
- The Company shall have no liability in respect of the use by you of( any domain name; any dispute between you and any other person must be resolved between the parties concerned in such dispute. If any such dispute arises, the Company shall be entitled, at its discretion and without giving any reason, to withhold, suspend or cancel the domain name. The Company shall also be entitled to make representations to the relevant naming authority but will not be obliged to take part in any such dispute.
- The Company give no warranty or representation that your domain name is or will continue to be available for your use or that no domain name is or will be registered which conflicts with your domain name or which otherwise affects your use of your domain name.
- The Company shall be entitled to withhold the release of any domain name to another provider or “tag holder” unless full payment of all amounts due to us at that time for whatever reason has been received by us:
- If payment is not received for any domain name the Company may delete or retain the domain for further sale.
- The Company will maintain control of the settings for DNS, web forwarding, email forwarding, nameserver and IPS tag.
- Where you register a domain name with another supplier you undertake to provide the Company with access details to enable fulfilment of any contract. You agree to accept legal responsibility for the usage of the domain name and to abide by the terms and conditions set out your domain name supplier
- The Company make no representation and give no warranty as to the accuracy or quality of information received by any person via our servers and the Company shall have no liability for any loss of or damage to any data stored on the servers.
- You shall effect and maintain adequate insurance cover in respect of any loss of or damage to data stored on the servers.
- You represent, undertake and warrant to us that you will use the Website allocated to you only for lawful purposes. In particular, you represent, warrant and undertake to us that you will not use the Website in any manner which infringes any law or regulation or which infringes the rights of any third party, nor will you authorise or permit any other person to do so; You will not post, link to or transmit:
- any material which is 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.
- You shall keep secure any identification, password and other confidential information relating to your account and shall notify us immediately of any known or suspected unauthorised use of your account or breach of security, including loss, theft or unauthorised disclosure of your password or other security information.
- If you are found to be sending unsolicited (spam) email through any of our servers your account will be terminated with immediate effect without option of refund.
- Where the Company set up a webmail account on your behalf with a third party, the Company accepts no responsibility for the usage of that service.
- You shall observe the procedures which the Company may from time to time prescribe and shall make no use of the Website which is detrimental to our other customers.
- Any access to other networks connected to the Company must comply with the rules appropriate for those other networks.
- While the Company will use every reasonable endeavour to ensure the integrity and security of its servers, the Company do not guarantee that the servers will be free from unauthorised users or hackers or from corruption by virus and the Company shall be under no liability for non-receipt or misrouting of email or for any other failure of email or damage to data or operations.
- The website is provided to and accepted by the client as a fully functioning, completed work; when the final payment is settled. Unfortunately malicious software, spyware, viruses and website hacking are facts of life on today’s Internet. It is highly unlikely that these will affect your website and the Company will endeavour to protect one month after the completion of the site, this time is extended if you purchase our update and security packages. However, we cannot be held responsible for problems that develop on completed sites as a result of illegal activity. The company cannot be held responsible for any downtime your website may incur due to technical server issues or for any contact forms that do not pass through from your website to your email facility.
- Hosting Service service levels
- From time to time websites on our hosting may be inaccessible or inoperable for any reason including, but not limited to, equipment malfunctions; software updates; periodic maintenance, repairs or replacements that we undertake from time to time; or causes beyond our reasonable control or that are not reasonably foreseeable including, but not limited to, interruption or failure of telecommunication or digital transmission links, hostile network attacks, network congestion or other failures. We agree to use our reasonable endeavours to make our servers available to you as part of the Hosting Service you purchase for ninety-nine (99) per cent of each year (this is the general industry standard server service level agreement). We do not warrant access to our servers will be uninterrupted or error free but we shall use reasonable endeavours to keep downtime to a minimum.
- In the unlikely event that our hosting servers should become unavailable, we shall make all commercially reasonable efforts to provide The Client with advanced notification of all scheduled and emergency outages through email and social media.
- Service credits are not given for any form of downtime or service unavailability.
- Back-up of your material and our servers
- It is your responsibility to maintain appropriate and up-to-date back-up copies of any data, information or other material you upload (or permit to be uploaded) onto our servers (“Material”) as part of your use of the Hosting Services. In the event of loss of or damage to your Material, you will not be given access to the server back-up we maintain pursuant to our archiving procedure.
- The Company agrees to follow our archiving procedures for the data stored on our servers. In the event of any loss or damage to our servers, your sole and exclusive remedy will be for us to use reasonable commercial efforts to restore the data on our servers (including your Material) from the latest back-up we maintained in accordance with our archiving procedure. We will not be responsible for any loss, destruction, alteration or disclosure of your Material caused by you or any third party.
- Acceptance of work
- Quotations are valid for 30 days from date of issue.
- When the Client places an order to purchase a website or website updates from the Company, the order represents an offer to the Company to purchase the website or website updates. No contract for the supply of services exists between Client and Company until the Company sends an invoice to the Client for payment. The invoice equals acceptance by the Company (or third party supplier) of the Client’s offer to purchase services from the Company and this acceptance of work is a valid contract between Client and Company regardless of whether the Client receives the invoice.
- Any other services on the order that have not been included in the invoice do not form part of the contract. The Client agrees to check that the details of the invoice are correct and should print and keep a copy for their records.
- The Company is liable to withdraw from the contract at any time prior to acceptance.
- Additional work requested by the Client that is not specified in the agreed quotation or proposal is subject to an additional quotation by the Company on receipt of specification. If the work is needed as part of an existing project, then this may affect time scale and overall delivery time of the project.
- The Client agrees to provide any needed information and content required by the Company in good time to enable the Company to complete a design or website work as part of an agreed project.
- Payment Terms
- Prices are subject to change without notice.
- All quoted prices are exempt of VAT.
- A deposit of 50% of the total website development cost is required on ordering. The Company will not begin any work until this has been paid.
- The balance of the website cost is required on completion of the project.
- The Company reserves the right to decline further work on a project if there are invoices outstanding with the Client.
- The Company reserves the right to remove its work for the Client from the Internet if payments are not received.
- All invoices must be paid in full within 30 days of the invoice date, except where agreed at the Company’s own discretion.
- If the client decides to end the project, The Company will bill the Client the balance of the project or bill for the work that has been done to date.
- If the Company have not had any communication from the Client within 30 days, the Company will bill the Client for the balance of the project or the work done to date.
- Project timescales are specified in the website proposal and begin once the deposit has been paid.
- All timescales are subject to:
- Website content being supplied from the Client at the agreed date
- The Client’s timely approval of design mock ups
- The Client’s timely manner in communicating and responding to the Company
- If timescales are not met due to the notes listed above, the project timescales will delay accordingly.
- If a website cannot be finished within the timescales, the Company agrees to inform the Client of this as soon as possible. The Company agrees to complete the project as fast as they can.
- Any delays in website completion do not result in a reduction to the cost of the website unless specified in the proposal.
- The Client agrees that a web page built from a graphic design may not exactly match the original design because of the difference between the display in design software and the rendering of code by Internet browser software. The Company agrees to try to match the design as closely as is possible when building the code.
- During a website project it is important that the Client communicates information to the Company to achieve the required result.
- If the Client requests design or content alterations to pages that have already been completed, new pages or different functionality other than that specified in the original quotation, the Company reserves the right to quote separately for these alterations.
- If optimised pages are included as part of the project, the Company will optimise the Client’s web pages that already make up part of the project. Optimised pages is not creation of new pages. The optimisation of the web pages can include the meta tags, keywords, description, title, alt tags and text provided by the Client.
- The Company endeavours to create pages that are accessible to search engines. However, the Company gives no guarantee that the site will become listed with search engines.
- If an error or issue with the design or code arises during the project, which does not allow the design or code to match the original specification, then the Client agrees that the Company can apply a nearest available alternative solution.
- The Company at all times applies reasonable skill and care in provision of services.
- Once the project is completed, the Company will upload the website to the Client’s live web address if included as part of a project.
- After site completion, a Client or a third party of their choosing may wish to edit their website code themselves to make updates. However, the Client agrees that in so doing they assume full responsibility for any issues which occur as a result of changing the code themselves. If the Client or a third party of their choosing edits the website code and this results in functionality errors or the page displaying incorrectly, then the Company reserves the right to quote for work to repair the website.
- The Company reserves the right to assign subcontractors in whole or as part of a project if needed.
- All communications between the Company and Client shall be by telephone, email or appointments at the Company’s premises, except where agreed at the Company’s discretion.
Every effort will be made to carry out the contract but its due performance is subject to the cancellation by the Company or to such variation a he may find necessary as a result of inability to secure labour, material or supplies, or as a result of any Act of God, War, Strike, Act of Terrorism, Lockout or other labour dispute, fire flood drought legislation or other cause (whether of the foregoing class or not) beyond the Company’s control.
These conditions and all other Express Terms of the Contract shall be governed and construed in accordance with the Laws of England.
Prices on the website or in our brochure do not include VAT unless specified. The Company shall be entitled to charge the amount of any tax payable whether or not included in the quotation or invoice.
An account will be defined as outstanding after a lapsed time of 7 days from the due date of invoice.
The Company reserves the right to charge interest on any outstanding accounts at the rate of 5% per month for each month or part that remains outstanding.
The Company reserves the right to charge any legal or other costs incurred in placing any outstanding accounts into the hands of a Trade Collection Agency or solicitors.
At the Customers request, we will sign a Confidential Non-Disclosure & Non-Compete Agreement. This will entail the following:
- On the understanding that both parties (The Company and Customer) are interested in meeting to consider possible collaboration in developments arising from Customer’s website development or design, including computer programming, graphic design, e-commerce, multimedia programming and design, it is agreed that all information whether oral, written or otherwise, that is supplied to the Company in the course of any meeting shall be treated as confidential by the Company.
- The Company undertakes not to use the information for any purpose, other than for the purpose of considering collaboration, without obtaining written agreement of the Customer.
- This Agreement applies to both technical and commercial information communicated by either Party.
- This Agreement does not apply to any information in the public domain or which the Company can show was either already lawfully in their possession prior to its disclosure by the Customer or acquired without the involvement, either directly or indirectly, or the Customer.
- Neither Party to this Agreement shall retain any documents or items connected with the disclosure after collaboration has ceased.
- No disclosure made by the Company shall create any license, title or interest in respect of any Intellectual Property Rights of the Customer.
- The Company shall not solicit any of the customer’s clients or prospective clients to perform services that compete with the business, proposed business or business interests of the Customer without the Customer’s prior written consent, and the Company will not assist any other person or entity in doing so, without the Customer’s prior written consent.
- The Company agrees not to engage in any employment, consulting, or other activity involving computer programming, graphic design, Internet or web site development, e-commerce, video or film production or editing, multimedia programming, or design that competes with the business, proposed business or business interests of The Customer without The Customer’s prior written consent.
After 2 years from the executed date, each Party shall be relieved of all obligations under this Agreement.