Definition of our terminology as used within this document
A 'Project' is any work undertaken or service provided by Binding Digital Ltd for the client on their request and as described in our confirmation order email to that Client.
'You' or 'Client,' is a person, persons, business or organisation using any of the services provided by Binding Digital Ltd.
'We' or 'us', means Binding Digital Ltd.
'Live Mode' means the date the website is available on the client's chosen domain.
'Domain' is the website address as specified by the client.
'Open Source Software' is software made freely available to anyone.
'Hosting' is a yearly cost to keep a clients website activated online which includes monthly backups.
'Content' is both text and images that the client requires on the website.
'mb' stands for megabytes and is a measure of storage space.
The contract between Binding Digital Ltd and the client will be on these conditions, to the exclusion of all other terms and conditions. Any variations to these conditions shall have no effect unless agreed in writing.
The works to be carried out shall be as set out in the Binding Digital Ltd invoice which can be found attached to the confirmation order email.
Legalities, copyright and intellectual property
Binding Digital Ltd shall expect the client to carry out sufficient research before proceeding with a website. This will include checking that the website/idea/business will operate legally. It is important that the website is not in any way illegal. Please ensure that any images or content you supply or use on your website, is legally available for you to use. We cannot be held responsible for the illegal use of images, content or format of material supplied by the client. Binding Digital Ltd reserve the right to remove any website from its servers if it has reason to believe that it is operating illegally.
Where images used on the website have been purchased by Binding Digital Ltd on behalf of the client, these images are restricted by license for use on the website only. Binding Digital Ltd are not liable for misuse of these images by the client or any other person's copying, altering or distributing the images to individuals or other organisations.
Binding Digital Ltd makes no claims that the contents of this website may be lawfully viewed or downloaded outside England and Wales. Access to this website may not be legal by certain persons or in certain countries. If this website is accessed from outside of the United Kingdom, it is done at own risk and the visitor is responsible for compliance with the relevant laws of the visitor's jurisdiction. The terms and conditions of this website are governed by the laws of England and Wales. Jurisdiction for any claims arising in respect of this website's content shall lie exclusively with the courts of England. If any provision of these terms and conditions is found to be invalid by any Court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these terms and conditions, which shall remain in full force and effect.
Binding Digital Ltd cannot be held responsible for anything adversely affecting the Client's business operation, sales, or profitability that might be claimed is a result of a service offered by Binding Digital Ltd.
Paying for your project
We charge for the design and development of websites at various stages. Before we start any work, a deposit is required of the value of 33.33% of the total sum due is payable (the deposit). When the websites design or part development has been carried out to a set stage, a further 33% is due. The final 33% is payable when the website is complete and ready to 'go-live' (final payment). Your website will only be switched to 'live' mode when it has been paid for, in full.
The initial deposit payment of 33% is non-refundable after Binding Digital Ltd has committed resource or completed research and/or design work or development work on the client's behalf.
If such work can not be completed within the overall cost or time-frame a refund can be requested by the client for that project. The initial deposit is as noted non-refundable which includes time spent on the project, design, development and resources used on the project. If a refund is required we must be sent a confirmation email to firstname.lastname@example.org with the subject stated refund and the project name.
If Binding Digital Ltd is not able to complete a project in the given time expected by the client, due by delays occuring within the project (such as files being supplied, imported data or a third party) a refund can be requested. The initial deposit however can not be requested due to resources provided to the project.
Binding Digital Ltd accepts BACS payments as a payment methods which will incur no payment fees.
Binding Digital Ltd own all design and code of the website until final payment has been received in full.
Email is our primary method of contact with regard to all communication for your websites design and development. Email is obviously the most efficient and cost-effective form of contact. If you have any problems with the design or development of your website that your developer is unable to resolve by email, you can contact us during UK office hours (9am to 5pm) on 01268 543066.
It is the client's responsibility to inform us of any change in email address so we always have valid contact details. We cannot be held liable in any way for problems relating to communication issues if we are not supplied with a valid email address.
It is important for the client to keep in contact with Binding Digital Ltd throughout the entire project. If a client does not make contact for more than 2 weeks, we will make up to 5 attempts to contact the client by email using the email address for the client held on file. If we do not receive a response to these attempts of contact the project may be terminated, and the no payment will not be refunded. If the client wishes to postpone the project for a period of longer than 2 weeks, please contact us. Otherwise the project may be archived. We reserve the right to levy an administration fee if the client returns after an unapproved postponement where the time since last contact is less than 6 months and wishes to continue work on their project. If a client returns from an unapproved postponement and the last contact is more than 6 months, we shall need to provide a new quotation for the project and your original deposit will be non refundable or transferable.
Website design and development
Design is subjective, and for this reason we offer 'unlimited design revisions'. This means that we will continue to work with you on your design concept until you are happy with our proposal. The unlimited design revision period ends when the client accepts the design proposal and home page draft. Design changes beyond this point are subject to additional charges.
Once the website has been developed, we require amends to be sent over to us within 5 working days. If there is new functionality required within the amendment time we have to right to quote for the additional work. All development work is listed and briefed within the quote/invoice sent to the client which outlines the work involved and process.
Binding Digital Ltd will provide the client with an expected completion time-frame for the project (live on the web) if requested. Binding Digital Ltd will provide a client access to its 'Project test domain' to ensure a client is fully able to view the project thoughout the process.
Open Source software is publically available software that may be adapted or modified to suit particular applications. It may be used to help develop elements of the functionality of the client's website to speed development and add functionality. Where Open Source software is used, the ownership of the site coding and any customisations made by the developer is still passed to the client upon final payment.
Hosting and search engine optimisation
Binding Digital Ltd will host the website if the client requires us to do so and on receipt of full payment of our hosting fees. In doing so, Binding Digital Ltd will provide a reliable and professional service to the client at all times, excluding unavoidable technical failures. Binding Digital's hosting is annually renewable. The date of renewal will be 12 calendar months from the date the website was made live. Binding Digital Ltd will contact the client 4 weeks before the renewal date and hosting services are not obligated.
The hosting renewal charge must be received within 10 working days of the hosting expiry date. We reserve the right to deactivate any website when the hosting has expired and the client has not paid the renewal charge. We reserve the right to charge an administration fee of £60 for reactivating the website/hosting.
If the client does not use Binding Digital's hosting services, then the management and hosting of the domain name are the full responsibility of the client.
If the client does not wish to renew the hosting the site files and associated data can be made available to the client fee free on request and the domain name can be transferred to the client's registrar account. Should the client instruct us to upload and configure the site and domain name to a third party server this work will be subject to charge.
Binding Digital Ltd reserve the right to delete the website from our servers 2 months after the date your hosting expired if you choose to not renew the hosting.
Binding Digital Ltd do not take any responsibility for a client's website rank on search engines. This also includes any potential website downtime that can occur. When updating, changing, creating and hosting a client's website, there could be a change in the websites search engine ranking.
Domain names and links
If required, a domain name will be registered by Binding Digital Ltd on behalf of the client/company once we have received payment in full. Although the domain names are registered to us, the client is the legal owner of the domain and if they request to have details changed or the domain transferred elsewhere, we will do this within a reasonable timeframe.
Binding Digital Ltd provides links or references to our client's websites solely for the convenience of prospective customers and intends that the links it provides be current and accurate, but does not guarantee or warrant that such links will point to the intended client site at all times.
We place a small text link on the footer of our client's website that simply states the website was designed and/or developed by Binding Digital Ltd and links to our company website. This link can be removed, if required.
While a website is hosted with Binding Digital Ltd, we shall be available between the hours of 9.00am and 5.00pm Monday – Friday. This excludes all bank holidays. Within a reasonable time period we will look to fix any issues with the website which are not due to a customers doing.
Binding Digital Ltd email accounts are available on any device that supports email. These include the Apple iPhone and Samsung Galaxy as well as many others. Binding Digital Ltd will provide instructions on how to setup email on these devices via our support area on our website. We are not able to provide email or phone support for these devices.
Incorrect files and non-completion of work
The client must provide all correct files, documentation or data before starting a project. A time-frame and cost is provided at the start of each project of which is to be accepted by the client. If such assets are not provided by the clients, incorrect, doesn't contain the correct data, we can't access correctly or delays the project further (out of us, Binding Digital Ltd's control), we will stat to the client to request a further increase in the projects budget (this can be due to increase in time, delays and resources being used).
If we are provided such data and documentation from the client of which we are told to pull in such information that should be pulled in a website/system by a third party file/plugin and such information is not accessible, it is not the responsibility of Binding Digital Ltd to create such information in the giving project cost. If this results in the website/system not being able to be fully completed/finished without such data it is not the responbility of Binding Digital Ltd, a refund can not be made against the time spent within a project.
Behaviour to employees
(*) Binding Digital Ltd will not tolerate any form of harassment against it's employees from customers or third parties and we reserve the right to cancel a contract without any form of refund in the event of unreasonable or inappropriate conduct. This includes threatening behaviour and abuse directed towards our employees thereafter any further communication must be via postal mail only.