Terms and Conditions

The following terms and conditions apply to all website development / design services provided by Red Badge Digital (hereinafter referred to as RBD) to the Client.

1. Acceptance

It is not necessary for any Client to have signed an acceptance of these terms and conditions for them to apply. If a Client accepts a quote then the Client will be deemed to have satisfied themselves as to the terms applying and have accepted these terms and conditions in full.

Please read these terms and conditions carefully. Any purchase or use of our services implies that you have read and accepted our terms and conditions.

2. Charges

Charges for services to be provided by RBD are defined in the project quotation that the Client receives via e-mail. Quotations are valid for a period of 30 days. RBD reserves the right to alter or decline to provide a quotation after expiry of the 30 days.

Unless agreed otherwise with the Client, all website design services require an advance payment of a minimum of fifty (50) percent of the project quotation total before the work is supplied to the Client for review. The remaining fifty (50) percent of the project quotation total due upon completion of the work, prior to upload to the server.

Payment for services is due by Paypal or bank transfer. Bank details will be made available on invoices and PayPal details will be provided upon request.

3. Client Review

RBD will provide the Client with an opportunity to review the appearance and content of the website during the design phase and once the overall website development is completed. At the completion of the project, such materials will be deemed to be accepted and approved unless the Client notifies RBD otherwise within ten (10) days of the date the materials are made available to the Client.

4. Turnaround Time and Content Control

RBD will install and publicly post or supply the Client’s website by the date specified in the project proposal, or at date agreed with Client upon RBD receiving initial payment, unless a delay is specifically requested by the Client and agreed by RBD.

In return, the Client agrees to delegate a single individual as a primary contact to aid RBD with progressing the commission in a satisfactory and expedient manner.

During the project, RBD will require the Client to provide website content; text, images, movies and sound files.  The client will also provide details of any branding requirements, such as colour schemes to be used.

5. Failure to provide required website content

RBD is a small business, to remain efficient we must ensure that work we have programmed is carried out at the scheduled time. On occasions we may have to reject offers for other work and enquiries to ensure that your work is completed at the time arranged.

This is why we ask that you provide all the required information in advance. On any occasion where progress cannot be made with your website because we have not been given the required information in the agreed time frame, and we are delayed as result, we reserve the right to impose a surcharge of up to 25%.

If you agree to provide us with the required information and subsequently fail to do within one week of project commencement we reserve the right to close the project and the balance remaining becomes payable immediately. Simply put, all the above condition says is do not give us the go ahead to start until you are ready to do so.

NOTE: Text content should be delivered as a Microsoft Word, email (or similar) document with the pages in the supplied document representing the content of the relevant pages on your website. These pages should have the same titles as the agreed website pages. Contact us if you need clarification on this.

Once your project has been completed you are able to keep your content up to date your self on the understanding that RBS is under no obligation to correct any errors introduced by yourselves.

6. Payment

Invoices will be provided by RBD at the start of the project and again upon completion but before publishing the live website. Invoices are normally sent via email; however, the Client may choose to receive hard copy invoices. Invoices are due upon receipt. Accounts that remain unpaid thirty (30) days after the date of the invoice will be assessed a service charge in the amount of the higher of one and one-half percent (1.5%) or £30 per month of the total amount due.

7. Additional Expenses

Client agrees to reimburse RBD for any additional expenses necessary for the completion of the work. Examples would be purchase of special fonts, stock photography, paid for themes and plug-ins that provide non-standard functionality etc.

8. Web Browsers

RBD makes every effort to ensure websites are designed to be viewed by the majority of visitors. Websites are designed to work with the most popular current browsers (e.g. Firefox, Microsoft Edge, Google Chrome, Safari etc.). The Client agrees that RBD cannot guarantee correct functionality with all browser software across different operating systems.

RBD cannot accept responsibility for web pages which do not display acceptably in new versions of browsers released after the website have been designed and handed over to the Client. As such, RBD reserves the right to quote for any work involved in changing the website design or website code for it to work with updated browser software.

9. Default

Accounts unpaid thirty (30) days after the date of invoice will be considered in default. If the default relates to on-going hosting charges then after thirty (30) days the website will be replaced with a generic Maintenance page and email access suspended.  After ninety (90) days all email addresses will be deleted and the website removed. RBD is not responsible for any loss of data incurred due to the removal of the service as the result of default. Removal of such material does not relieve the Client of the obligation to pay any outstanding charges assessed to the Client’s account. Clients with accounts in default agree to pay RBD reasonable expenses, including legal fees and costs for collection by third-party agencies, incurred by RBD in enforcing these Terms and Conditions.

10. Termination

Termination of services by the Client must be requested in a written notice and will be effective on receipt of such notice. E-mail or telephone requests for termination of services will not be honoured until and unless confirmed in writing (a signed pdf on headed paper is acceptable). The Client will be invoiced for work completed to the date of first notice of cancellation for payment in full within thirty (30) days.  Hosting will end at the completion of the client’s advance payment already received.  For the avoidance of doubt there will be no refunds for unused hosting.

11. Indemnity

All RBD services may be used for lawful purposes only. You agree to indemnify and hold RBD harmless from any claims resulting from your use of our service that damages you or any other party.

12. Copyright

The Client retains the copyright to data, files and graphic logos provided by the Client, and grants RBD the rights to publish and use such material. The Client must obtain permission and rights to use any information or files that are copyrighted by a third party. The Client is further responsible for granting RBD permission and rights for use of the same and agrees to indemnify and hold harmless RBD from any and all claims resulting from the Client’s negligence or inability to obtain proper copyright permissions. A contract for website design and/or placement shall be regarded as a guarantee by the Client to RBD that all such permissions and authorities have been obtained. Evidence of permissions and authorities may be requested.

13. Standard Media Delivery

Unless otherwise specified in the project quotation, this Agreement assumes that any text will be provided by the Client in electronic format (via e-mail) and that all photographs and other graphics will be provided in high quality print suitable for scanning or electronically in .gif, .jpeg, .png or .tiff format. Although every reasonable attempt shall be made by RBD to return to the Client any images or printed material provided for use in creation of the Client’s website, such return cannot be guaranteed.

14. Design Credit

A link to RBD will appear in either small type or by a small graphic at the bottom of the Client’s website. If a graphic is used, it will be designed to fit in with the overall site design. If a client requests that the design credit be removed, a nominal fee of £50 will be applied.  The Client also agrees that the website developed for the Client may be presented in RBD’s portfolio.

15. Access Requirements

If the client has an existing website that is hosted elsewhere then RBS will develop the new website on a temporary domain or a subdomain.  It will be the Client’s responsibility to switch the DNS records to point to the RBS website on the understanding that the change can take upto 48 hours to propagate across the internet and that in the intervening period access to the site may be intermittent.

In order to improve the coordination of the switchover RBS would need access to the Client’s domain account in order to change the DNS records at a suitable time.

16. Post-Placement Alterations

RBD cannot accept responsibility for any alterations caused by a third party occurring to the Client’s pages once installed. Such alterations include, but are not limited to additions, modifications or deletions.

17. Domain Names

RBD may purchase domain names on behalf of the Client. Payment and renewal of those domain names is the responsibility of the Client. The loss, cancellation or otherwise of the domain brought about by non or late payment is not the responsibility of RBD. The Client should keep a record of the due dates for payment to ensure that payment is received in good time.

18. General

These Terms and Conditions supersede all previous representations, understandings or agreements. The Client’s signature below or payment of an advance fee constitutes agreement to and acceptance of these Terms and Conditions. Payment online is an acceptance of our terms and conditions.

19. Governing Law

This Agreement shall be governed by English Law.

20. Liability

RBD hereby excludes itself, its Employees and or Agents from all and any liability from:

  • Loss or damage caused by any inaccuracy;
  • Loss or damage caused by omission;
  • Loss or damage caused by delay or error, whether the result of negligence or other cause in the production of the web site;
  • Loss or damage to clients’ artwork/photos, supplied for the site. Immaterial whether the loss or damage results from negligence or otherwise.

The entire liability of RBD to the Client in respect of any claim whatsoever or breach of this Agreement, whether or not arising out of negligence, shall be limited to the charges paid for the Services under this Agreement in respect of which the breach has arisen.

21. Severability

In the event any one or more of the provisions of this Agreement shall be held to be invalid, illegal or unenforceable, the remaining provisions of this Agreement shall be unimpaired and the Agreement shall not be void for this reason alone. Such invalid, illegal or unenforceable provision shall be replaced by a mutually acceptable valid, legal and enforceable provision, which comes closest to the intention of the parties underlying the invalid clause.

Close Menu