These Terms & Conditions set out the basis under which we do business and are designed to offer both parties protection in the unlikely event of a dispute. Clients should note that, by instructing D-ROOM Ltd. to act for them, they accept these Terms and Conditions in full and without variation.
Estimates and quotations are based on information supplied by the Client, the anticipated size and complexity of the work and current design and production costs. Unless otherwise agreed in advance, our charges are subject to reasonable variation to reflect changes in any of these factors. Charges for Packaged Design services are subject to variation without notice and the current pricing should be confirmed before placing an order. Any of the services we offer may be withdrawn at any time without notice. The features included in our packaged Design services are subject to revision and / or withdrawal at any time without notice and current features should be confirmed before placing an order. We will give the Client a fixed price for agreed artwork and printing costs (if required) at the outset so there will be no unexpected charges later. Value Added Tax is payable at rate ruling. All preliminary, experimental or additional work carried out by agreement or at the Client's express request will be charged for at the usual rate for the job according to our current pricing.
Content for the site should be given to us as soon as possible, preferably during the design phase, so the designer can accommodate the text into the site. Clients should note that the amount of time spent on the construction phase is the same as for the design phase. If the site is placed with cms, the development time spent on it is the same as with other phases. Once construction is complete and content is given, any later change of content will incur an extra charge, calculated on an hourly basis.
Typing charges will be incurred for any copy not supplied on disc or in electronic format (such as e-mail).
The initial design work is an idea of what a completed website will look like. However, Clients should bear in mind that html format has its limitations and, despite our best efforts, its final appearance cannot be guaranteed to be identical to its appearance at the design stage.
Proofs will be submitted for Client approval and D-ROOM Ltd. will not be held liable for any errors or omissions not corrected by the Client in these proofs. Any subsequent Client alterations and consequent additional proofs will be charged at our usual rate. Clients should note that Web Design proofs are submitted as files temporarily uploaded to a password-protected area on our web server for viewing over the Internet, unless otherwise agreed in advance. Written approval is required by the Client (preferably in an e-mail format) in order for us to proceed to the construction stage.
Graphic design proofs are submitted in the form of a PDF document sent as an attachment via an e-mail. For any graphic design work Clients will receive a visual of their proposed order and be required to provide written confirmation before going to print (if print is required) that the layout, copy and artwork are correct. If alterations are required, these will be charged for accordingly at our usual rate. D-ROOM Ltd. will not be held responsible for any errors overlooked by the Client, no matter how prominent.
Work is accepted on the basis of an upfront payment, quoted at consultation stage and/or a regular monthly fee agreement by Standing Order quoted at consultation stage being received before commencement, unless otherwise agreed in advance. Standing Orders will only be processed upon full completion of services ordered. Prices quoted are valid for 14 days from day of quotation.
Clients on maintenance or marketing agreements are expected to pay a fixed fee agreed in advance by standing order until the contract is cancelled.
The limit of liability will be restricted to the cost of the services provided by D-ROOM Ltd. and no liability will be accepted for consequential losses of any kind. This includes, for Internet-related services, loss of trade owing to temporary malfunction. Goods shall be delivered as soon as they are ready and whilst every effort is made to ensure that D-ROOM Ltd. meets its pre-arranged delivery dates, there are no guarantees as to those dates. Therefore, D-ROOM Ltd. can accept no responsibility for any costs or losses of income sustained by the Client due to production delays, howsoever caused. If a Client delays the working process by not responding or not delivering the content on time, this will subsequently affect the deadline, and D-ROOM Ltd. will not take responsibility for any such delays so occasioned. Furthermore, no liability will be accepted for delays or failure to complete work owing to acts or omissions of third parties, force majeure and other circumstances beyond the control of D-ROOM Ltd.
For Web Design work, owing to the inherent limitations in Internet technologies, D-ROOM Ltd. cannot guarantee accuracy in colour reproduction, page formatting or the universal availability of website design functions.
If a site is set up for e-commerce, we need at least 7 working days for testing with the payment process in place (Worldpay, Paypal, etc.)
During an online payment process, we can try to predict what a user may do, but D-ROOM Ltd. can take no responsibility for lost transactions due to actions we cannot control, such as a user closing their browser before being redirected to a confirmation page, or through malicious use.
D-ROOM Ltd. is not responsible for registration or management of any external services, such as Paypal, Worldpay, other hosting companies, or domain names registrants. If a Client chooses Paypal, Worldpay or any other online payment process, it is their responsibility to learn how that process works. D-ROOM Ltd. can only recommend services with which we have worked and have experience.
D-ROOM Ltd. cannot assume responsibility for the performance of sites that are not hosted with us. D-ROOM Ltd. uses 3rd party hosting suppliers and, in the event of a problem with any site hosted on our servers, would endeavour to rectify any such problem, although we cannot take any responsibility for the speed of response or quality of work by those 3rd parties and accept no liability for any direct or indirect loss, consequential loss, loss of profit, revenue, data or goodwill howsoever arising suffered as a consequence of loss of service.
D-ROOM Ltd. is not responsible for domain names that were not bought or hosted by us. D-ROOM Ltd. is not responsible for any DNS changes not carried out by us.
Clients should note that DNS changes usually take around 48 hours to fully propagate. During this time any web site might not be available for viewing. Clients should be aware that during this period there may be some e-mail downtime as well.
In cases where the hosting of an existing web site is transferred to D-ROOM Ltd., Clients are advised to provide us with their desired e-mail addresses so we can avoid any e-mail downtime.
Despite our best efforts SEO (Search Engine Optimisation) does not guarantee improvement in ranking. We follow guidelines proposed by the most popular search engines (Google, Yahoo, MSN, etc). Improvement usually happens gradually over a long period of time, hence we recommend that the optimisation campaign should be carried out over at least 6 months.
Clients should note that the purchase of a content management system (CMS) does not include future upgrades to the system. This is only available through a maintenance contract, which can be made available at an additional monthly / yearly charge.
D-ROOM Ltd. reserves the right to decline the use of low resolution or poor quality images. In the interests of maintaining quality and performance throughout projects, original high resolution images supplied on disc by the Client are preferred instead of already optimised and resized images.
The Client may give exact and detailed instructions for copy and layout submitted in clear printing or type, or, in the case of layout, explicit draft format, but it must be understood that we will prepare artwork for the Client's order in accordance with our professional judgment. We cannot be held responsible for errors arising from ambiguities.
D-ROOM Ltd. reserves the right to make spelling and grammatical corrections prior to proofing and approval by the Client.
The Client must ensure that all materials submitted are legal and suitable for publication. This includes careful attention to avoid copyright and trademark infringements. D-ROOM Ltd. will refuse to work with any materials that are, or may be considered to be, illegal, obscene, libelous, inappropriate or otherwise unsuitable for publication. Notwithstanding the above, the Client agrees to indemnify D-ROOM Ltd. against any claims and costs incurred as a result of publishing content for the Client that is, or may be considered to be, illegal, obscene, libelous, inappropriate or otherwise unsuitable for publication or which constitutes, or may be considered to constitute, an infringement of rights.
All materials submitted will be at the Client's risk, both when in transit and while held by D-ROOM Ltd. Clients are advised to insure their materials against any loss or damage as appropriate.
Should artwork be supplied, every care and consideration is taken while the goods are entrusted to D-ROOM Ltd., though no responsibility can be accepted by D-ROOM Ltd. for any damage or loss occasioned to such goods, howsoever caused. Accepted artwork / photographs will be taken as production-ready and will not be altered in any way except on the Client's written instructions and in that event, no responsibility will be accepted for any errors in them not being corrected by the Client.
Printing is not carried out in-house but can be arranged by D-ROOM Ltd. on behalf of the Client. D-ROOM Ltd. reserves the right to use a printing house of its choice. Every endeavour will be made to deliver the correct quantity ordered but estimates are conditional upon margins of 5% to 10% being allowed for overs or shortages. Text deletions are subject to a 10% variation. Colour control is kept to the optimum but some colour variance may occur.
Any stock images purchased by D-ROOM Ltd. for use in artwork and/or web work remain the property of D-ROOM Ltd. and are subject to the terms and conditions of use of the original supplier. Any such images cannot be used by the Client for additional artwork or web projects.
By requesting that D-ROOM Ltd. register a domain name on your behalf you are agreeing to pay D-ROOM Ltd. the amount set forth in our price list, as amended from time to time. In the event that full payment is not received D-ROOM Ltd. reserve the right to cancel the registration or restrict use of the domain until full payment has been received. Invoices for renewal of domain names will be sent out in advance of the renweal date. Failure to pay the invoice in full prior to the renewal date will result in termination of the agreement and loss of the Client's domain name.
Any confirmed order subsequently cancelled for any reason by the Client will be charged at a minimum of 100% of the total quoted set up fee + VAT. Termination of rolling agreements must be made in writing 28 days prior.
D-ROOM Ltd. shall be entitled to refuse any order which they feel they cannot complete for whatever reason.
Complaints or claims regarding invoices or quality of work will not be entertained unless lodged by the Client within seven days of the receipt of goods.
In the event that the Client is unable to settle business debts, for whatever reason, D-ROOM Ltd. reserves the right to cease work on behalf of the Client and charge for work already carried out with immediate effect.
D-ROOM Ltd. reserves the right to reproduce copies of the Client's completed work in its portfolio for the purposes of advertising and promotion, unless otherwise agreed to in writing.
A design credit will be included on all pages of web sites that we design. Each credit will be hyperlinked to the D-ROOM Ltd. web site.
We reserve the right to alter our Terms and Conditions at any time without prior notice and Clients should confirm our current Terms and Conditions before placing an order.
If for any reason a Client should feel that the service provided by D-ROOM Ltd. has not met their expectations, they should write with full details of their complaint to:
Customer Service Department, D-ROOM Design Communications, 14 Bark Street East, Bolton, BL1 2BQ who will undertake to deal with their complaint quickly and fairly.
In the event that this does not satisfactorily resolve the matter, the Client will be referred to an Independent Arbitrator who shall be appointed under the Terms of the Arbitration Act 1996 and whose decision shall be final.
Any dispute arising under these Terms & Conditions and any other terms of contract between D-ROOM Ltd. and the Client shall be governed by and construed in accordance with the laws of England and each of the parties hereto submit themselves to the jurisdiction of the English Courts.