Terms and Conditions

We Are DWM - the 100% technical web development agency

Terms and Conditions

DEVELOPMENT

Quotations from Digital Web Media Limited are valid for 30 days from the date thereof. Later deviations from the quoted specification may incur extra cost but we will always agree a new price with you before we carry out the additional work or make the changes.

The acceptance of a commission shall be deemed as a contractual agreement between the client and Digital Web Media Limited We cannot guarantee to start work immediately on a commission but will arrange a date with the client as to when work can commence.

Time of delivery is not of the essence, unless otherwise specified in writing at the time of commissioning the work.

The intellectual property in the services shall not pass to the customer until the price has been paid in full.

The risk of the services shall pass to the customer upon delivery.

The customer shall examine the services immediately upon delivery and shall inform us in writing of any variations from the quotation within 30 days, failing which the customer shall deemed to be satisfied with the services supplied.

DESIGN RIGHTS

The fees reflected in the quote specify that the copyright of the design remains with Digital Web Media Limited. The design may only be used for work to be carried out by Digital Web Media Limited as specified in the above quote.

PAYMENT, COPYRIGHT AND SUPPORT

Payment for services are set as stage payments and will be agreed in advance.

Copyright Clearance. It is the client’s responsibility to make sure you have the right to reproduce the text and pictures supplied by you. You are required to indemnify Digital Web Media Limited against any liabilities due to breach of copyright caused by any material supplied

Consultancy and Advice. Our consultancy service and general advice is, by its nature, subjective. It is up to the customer whether to follow our ideas and suggestions. We cannot guarantee that any of those ideas and suggestions will increase traffic to your site, improve your ratings with search engines or boost sales.

Maintenance. Digital Web Media Limited does not undertake to maintain or update a client’s web site as part of the design commission. If a client wishes us to maintain or update a web site as a separate commission, we will negotiate with the client a maintenance contract appropriate to the amount of work required.

Promotion. Digital Web Media Limited does not undertake to promote a client’s web site as part of the design commission. If a client wishes Digital Web Media Limited to promote a web site as a separate commission, Digital Web Media Limited will make every reasonable effort to promote the web site effectively but cannot guarantee high positioning in search engine results.

WEB HOSTING

High Resource Use.
Resource is defined as bandwidth or traffic volume
In order to maintain quality of service to all our clients, we reserve the right to suspend or terminate an account where it is found to be manipulating or monopolising server resources to the detriment of other users, whether via scripts, programs, volume of mail, excess bandwidth or otherwise.

Site content. Space on our servers may not be used for the distribution of adult-oriented or racist material, pirate software, copyright material or for other illegal purposes. Contract (and service) may be suspended at any time if usage or site content is deemed inappropriate or offensive.
Under no circumstances, must any of the following materials appear on your web site.
Pornographic/explicit or obscene material, in the form of graphics or text.
Copyrighted music files (.wav, .mid, .mp3 etc.) or any form of sound used without the original owner’s written consent.
Copyright computer code / graphics without the original owner’s written consent.
Lists of software package serial numbers or links to cracks, patches, hacks or pirated software, pyramid advertising schemes and “spam” banners.
If any copyrighted material other than the holder of the account’s own is to be stored on a Digital Web Media Limited server, Digital Web Media Limited must receive a signed photocopy or original letter giving explicit, specific permission from the copyright holder.

We provide Web Hosting through a third party provider.
The customer is bound by the terms and conditions of the provider.

Web hosting charges are payable annually in advance.
Failure to pay web hosting charges may result in your site being removed from the server.
Digital Web Media Limited expects payment within 14 days of the date on the invoice.
Digital Web Media Limited reserves the right to alter prices at any time without notice. If a client has commissioned any services from Digital Web Media Limited prior to a change in prices that commission will not be subject to any increase, but any subsequent commission may be subject to an increase.

DOMAIN REGISTRATION

Registration. If you ask us to register a domain name for you, we will register it in your name (not ours). In doing this, we are acting as your agent with the appropriate Naming Authority. The contract of registration is between you and them and you are bound by their terms and conditions.
Renewal. Registration is for two years unless otherwise agreed. Although we will do our best to renew the registration for you, it is ultimately your responsibility to make sure this happens so please keep a note of the date.
Registration charges. Domain name registration charges are payable within 14 days of registration or 4 days in advance of any renewal. You are liable to pay these charges even if you decide not to ask us to design your website.
Moving domain names. On request, we will retag your domain name away from our server provided all outstanding fees to us have been paid.

GENERAL INDEMNIFICATION

The customer will indemnify us against any and all liabilities, losses, costs and claims howsoever arising or resulting from:
Defamatory or misleading material posted on your website or distributed via your newsletter or e-mail address
Any injury to person or property caused by any products you sell or otherwise distribute from your website, newsletter or e-mail address
Any material on your website, newsletter or e-mail address or supplied by you from them infringing or allegedly infringing on the proprietary rights of a third party
Copyright infringement and any defective products sold or otherwise distributed from your website, newsletter or e-mail address

Continuity of service. We cannot guarantee a 100% continuous service for web hosting, e-mail or statistics and are not liable for any problems or losses arising directly or indirectly from the failure of these services.

Loss of Service. Digital Web Media Limited web space, domain registration and e-mail services are derived in some part via partnerships with third-party companies.
No responsibility will be accepted for loss of service or consequences of such caused by server failure or actions of any of our partners, service providers, or their subcontractors, representatives or employees. This includes loss of data resulting from failures, delays, non deliveries,, wrong delivery, and any and all service interruptions. No uptime guarantees are given, although every effort will be made to maintain service.

The Company will not be responsible for any damages your business may suffer. The Company makes no warranties of any kind, expressed or implied for services we provide.
The Company disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by The Company and its employees.
The Company reserves the right to revise its policies at any time.
We will endeavor to maintain high service levels at all times. The Company cannot be held liable or responsible for any losses incurred by the customer due to service disruption.

Errors & Omissions. Although we always endeavor to keep your sites error-free and check them regularly for availability, you are advised that it is your responsibility to back up your files, check your web site for availability, correct content and operation. Errors and omissions should be reported as soon as possible for correction.

All sites are tested in a number of ways. We test sites using Apple Macs and PCs. Sites will be compatible with AppleMac Safari, Mozilla Firefox (Linux, Mac & Windows) and Opera.

Registered Address

Victoria Parade Buildings, East Street, Newquay, Cornwall, TR7 1BG

Company Number:

Registered in England and Wales 8649718

VAT Number:

GB 170 7697 79

We are more than happy to discuss any questions about our services.

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