Terms and Conditions
ALH Digital Design is a trading name of Dutchurst Solutions Ltd. Dutchurst Solutions Ltd is a limited liability company registered in England and Wales under registered number 09857555. In these terms of business ‘we’ or ‘our’ refer to Dutchurst Solutions Ltd (‘the Company’).
Your relationship is solely with the Company, and the Company has sole legal liability for the work done for you and for any act or omission in the course of that work. No officer, consultant or employee of the Company will have any personal legal liability for that work whether in contract, tort, negligence or any other cause of action. In particular, the fact that an individual officer, consultant or employee signs in his or her own name any letter or other document in the course of carrying out that work does not mean he or she is assuming any personal legal liability for that letter or document.
By placing an order with Dutchurst Solutions Ltd, you confirm that you are in agreement with and bound by the terms and conditions below:
Website Design Terms and Conditions:
Dutchurst Solutions Ltd will carry out work only where an agreement is provided by email. An ‘order’ is deemed to be a written contract between Dutchurst Solutions Ltd and the client. Payment terms are strictly 30% non-refundabledeposit of the design fee before work commences, then the remainder upon completion prior to the site going live on your domain.
Dutchurst Solutions Ltd does not offer a hosting or domain registration service as we feel our clients can get better on-going value for money by purchasing this themselves. Once a web design order is placed, Dutchurst Solutions Ltd will provide you with a guide on how to purchase a hosting platform and domain name; we typically refer 1and1.co.uk or hostgator.com as these offer best value for money and customer service. All hosting and domain registration is required to be undertaken by the client once the order has been agreed. As Dutchurst Solutions Ltd do not host your website, we cannot accept liability for losses caused by the unavailability, malfunction or interruption of this service, or for loss of turnover, sales, revenue, profits or indirect, consequential or special loss.
All hosting packages come with unlimited email accounts. Dutchurst Solutions Ltdwill help you set up the email addresses in your hosting package, or if required will provide assistance in the setting up and linking of the domain email to Google Mail. An email setting up guidance document will be produced and issued once the order has been placed.
Once your site design has been completed and accepted, and final payment has been made, Dutchurst Solutions Ltd will upload the website files to your hosting provider and domain name. Under these terms you agree to provide ALH Digital Design with the access details for your hosting provider to enable us to do this, or accept responsibility for uploading the files.
Once your site is live on your domain it is assumed that the project has been completed to your satisfaction. Any additional work is then charged at the prevailing support cost. You will be provided with WordPress login details to enable you to amend your content at any time. On completion Dutchurst Solutions Ltd will provide a guide on how to use WordPress to enable you to make changes as appropriate. Dutchurst Solutions Ltd does not accept responsibility for any changes that you make to your site.
We require you to submit your own text and images for inclusion on your new website. All text should be divided into sections relevant to your page names and submitted by you in electronic format via ‘WeTransfer’ or email, size dependant. All text and images submitted must be free of copyright and Dutchurst Solutions Ltd accepts no responsibility for any infringement of copyright law arising from any text or images used on your site. Dutchurst Solutions Ltd will use copyright free banner and icon images, if you require particular images, you will need to purchase the copyright ownership for use of any images requested.
We may include plugins on your website to improve the overall user experience on your site. These include but are not limited to contact forms, image slideshows, videos, SEO and maps. As these are third party applications hosted by another supplier we cannot accept responsibility for any loss of service or malfunction that may occur. Each third party reserves the right to alter or remove their service and or charge fees if certain usage limits are reached. Customers will be notified prior to such case and would be able to decide whether or not to continue with the service or to find an alternative provider.
We reserve the right to include a screenshot of, and link to your completed website on the portfolio page of our website and on any of our social media accounts.
All sites can be viewed on laptops, PC’s, tablets and mobile devices running the latest versions of Internet Explorer, Mozilla Firefox, Google Chrome and Safari.
Website drafts will be created based on the design brief and information provided by the customer. If the design brief changes significantly after the first draft has been created a support charge for any additional work may be applied.
If the final payment has not been received within 3 months of the original order being placed Dutchurst Solutions Ltd reserve the right to cancel this agreement without notice. All design work carried out will be permanently deleted and no refund will be payable.
Due to external factors we cannot offer any guarantees regarding the search engine position we will achieve for websites. We cannot accept liability for any change in rankings, or drop off in the position of your website due to changes in the algorithms of the search engines or the factors that they use to rank websites.
Dutchurst Solutions Ltd reserve the right to refuse to handle in any way, material which may be deemed offensive, illegal or controversial. We also reserve the right to refuse to handle any site found to be involved in any black hat search engine optimisation techniques. Should any of these situations arise we reserve the right to terminate your web hosting service without notice and no refund will be payable.
General Terms and Conditions
We will agree with you at the outset what the scope of work entails. We are not responsible for matters that are outside the scope of the work agreed. All prices are as quoted on the ALH Digital Design website or are discussed prior to the order being placed. The Company will not be liable for any delays caused during the design process. You must pay to us, on demand, all reasonable costs, charges or losses sustained or incurred by us (including, without limitation, any direct, indirect or consequential losses, loss of profit and loss of reputation, loss or damage to property and those arising from injury to or death of any person and loss of opportunity to deploy resources elsewhere) arising directly or indirectly from any of the following acts or omissions by you: fraud, negligence, failure to perform or delay in the performance of any of your obligations.
Work will commence following full payment and order details either through the website or by email.
We endeavor to turnaround initial designs within the agreed timescale for the package purchased. We will turnaround all future design revisions within 1 to 2 working days. The prices are based on volume business and therefore there may occasionally be small delays in the turnaround. The company will not be liable for any delays caused during the design process. Whilst every effort is made to ensure there are no delays, it is your responsibility to contact the company in the event that designs have not been received within the agreed timescales. The company will not be held responsible for delays caused due to non-receipt of emails.
Feedback provided in relation to the design must be clear and constructive. It must be sent by email, we are happy to discuss changes over the phone once the email has been received. Only email confirmation to sign off/approve the design will be accepted. Once a design has been signed off and final files created the design process will be considered complete and any further changes will be chargeable.
We reserve the right to charge extra where:
- the brief changes substantially from the original, this includes but is not limited to change of name after making changes to the initial brief or requesting a complete new set of designs based on new feedback.
- arequest is made to finalise more than one design.
- no communication has been received for 6 weeks or more, unless previously agreed with the Company.
Dutchurst Solutions Ltd work with third parties to provide and create the services we offer. To help provide the services we offer, basic information about your business may be disclosed to the third parties to enable the design(s) to be undertaken to your business brand. We will keep confidential information about you and your business and not disclose it to anyone outside the Company unless consented to in these Terms and Conditions. You do consent to disclosure in the following:
- in the proper handling of your work
- to third party designers partnered with Dutchurst Solutions Ltd
- to assessors in relation to any application by us for or the maintenance of a quality standard such as Investors in People or ISO 9001.
- where compelled by law, such as a court order
- in case studies for our own promotion
Intellectual Property Rights and Other Consents:
You are solely responsible for obtaining any and all necessary intellectual property rights clearances and/or other consents and authorisation’s in respect of the services, including without limitation, clearance and/or consents in respect of your proposed domain name and merchant services agreements between you and the relevant banks in respect of your operation of an Online Store.
You agree to indemnify and keep indemnified and hold us on demand from and against any claim brought against us by a third party resulting from the provision of services by us to you and in respect of all losses, costs, actions, proceedings, claims, damages, expenses (including reasonable legal costs and expenses), or liabilities, whatsoever suffered and howsoever incurred by us in consequence of your breach or non-observance of these terms of business. This does not affect your statutory rights as a consumer.
We may terminate this agreement forthwith if you fail to pay any sums due to us as they fall due.We may terminate this agreement upon written notice if you breach any of these terms and conditions and you fail to correct the breach within seven (7) days following written notice from us specifying the breach, or if you are a company you go into insolvent liquidation, or if you are a person you are declared bankrupt.
On termination of the agreement we shall be entitled immediately to block your Web Site and to remove all data located on it. We will hold such data for a period of seven (7) days and allow you to collect it at your expense, failing which we shall be entitled to delete all such data. We shall further be entitled to post such notice in respect of the non-availability of your Web Site as we think fit.
We may terminate or suspend any web site which is deemed to be causing a disruptive service to our clients as a whole.
You may terminate your account with us if we cannot resolve any technical issues or server problems within a reasonable amount of time. You will receive a refund for the remainder of the contract term. However, we will not refund any used parts of the service. Any notice to be given by either party to the other will be sent via email and retained on record for traceability purposes.
All charges payable by you to us for the services shall be in accordance with the relevant scale of charges and rates published from time to time by us on our web site, and in the manner for the time being prescribed by law and shall be due as indicated on the invoice and under no circumstances payable later than seven (7) days of receipt of our invoice.
The provision by us of the services is contingent upon our having received payment in full from you in respect of the relevant services. Without prejudice to our other rights and remedies under this agreement, if any sum payable is not paid on or before the due date, we reserve the right, forthwith and at our sole discretion, to suspend the provision of services to you. All design services require a 30% non-refundable deposit prior to the commencement of works.
Deposits shall be made payable before any design work commences by ALH Digital Design. Full payment is required before any final design files are released and copyright ownership of the design files are transferred. Payments shall be made by PayPal or Bank Transfer to account details provided during the order process.
Limitation of Liability:
We hereby exclude all conditions, terms, representations (other than fraudulent representations) and warranties relating to the services supplied under this agreement, whether imposed by statute or operation of law or otherwise, that are not expressly stated in these terms and conditions including, without limitation, the implied warranty of satisfactory quality and fitness for a particular purpose.
Nothing in these terms and conditions shall exclude our liability for death or personal injury resulting from our negligence.
Our total aggregate liability to you for any claim in contract, tort, negligence or otherwise arising out of or in connection with the provision of the services shall be limited to the charges paid by you in respect of the services which are the subject of any such claim and provided that you notify us of any such claim within one year of it arising.
In no event shall we be liable to you for any loss of business, contracts, profits or anticipated savings or for any other indirect or consequential or economic loss whatsoever.
These terms and conditions shall be governed by and construed in accordance with English law and you hereby submit to the non-exclusive jurisdiction of the English Courts.
These terms and conditions together with any document expressly referred to in them, contain the entire agreement between us relating to the subject matter covered and supersede any previous agreements, arrangements, undertakings or proposals, written or oral, between us in relation to such matters.
We reserve the right to amend the Terms and Conditions at any time.