Terms and Conditions

Important Notes

  1. In your proposal, It is estimated that this project will take an amount of hours to complete the project depending on the options. In the unlikely event the time goes outside these parameters there may be extra costs incurred.
  2. Payment terms: 50% in advance, 30% Stage Payment and 20% on completion.
    Completion in our terms is when the website is going live on a public server. 
  3. Content work is billed monthly in advance
  4. This quotation is valid for 30 days
  5. This quotation is exclusive of VAT @23%
  6. Initial Payment confirms go ahead and start date
  7. Testing and Acceptance is given a window of 2 weeks, after that charges may occur if overrun goes out side this timeline.
  8. Photography and Stock Images need to be purchased by client (if required)
  9. Maximum of 4 Compositions of Website Design Visual for the homepage.
  10. Content writing quotes on request
  11. Cancelled/Abandoned projects incur 80% of project total value
  12. All design assets belong to project are owned by DMD until final payment has been made
  13. Online Marketing maybe needed on a monthly basis to promote & advertise the website
  14. Projects that go outside estimated timelines final payment can be sought before go live if delay is at the client side. 
  15. If we limit this that if the website is not live within a year, we will request full payment. If the delay is at client side.
  16. Our estimation of timeline is only an example reference point that similar projects of similar nature have been completed. If this goes outside this timeline, it’s not the responsibility of DMD. 
  17. Changes to signed off design pages after programming will incur additional costs. 
  18. Full Terms & Conditions Apply further on in the proposal. 
  19. Testing and Acceptance must be fully done by the client. DMD will test the website fully but it still needs to be fully done by client to ensure there are no errors on go live. 

Normal Terms and Conditions for Web Development Work

The following terms and conditions apply to all web development / internet services offered by DMD . By ordering services from DMD you are agreeing to the following terms and conditions.

DEFINITIONS:

The Client: The company or individual requesting the services of DMD .
DMD : Primary designer/site owner & employees or affiliates.

GENERAL

DMD will carry out work only where an agreement is provided either by email, telephone or mail. DMD will carry out work only for clients who are 18 years of age or above. An ‘order’ is deemed to be a written or verbal contract between DMD and the client, this includes telephone, text and email agreements.

WEBSITE DESIGN, DEVELOPMENT AND HOSTING

Whilst every endeavour will be made to ensure that the website and any scripts or programs are free of errors, DMD cannot accept responsibility for any losses incurred due to malfunction, the website or any part of it. The website, domain names, graphics and any programming code remain the property of DMD until all outstanding accounts are paid in full and cleared in our company bank account.

Any scripts, cgi applications, php scripts, or software (unless specifically agreed) written by DMD remain the copyright of DMD and may only be commercially reproduced or resold with the permission of DMD. DMD cannot take responsibility for any copyright infringements caused by materials submitted by the client. We reserve the right to refuse any material of a copyrighted nature unless adequate proof is given of permission to use such material.

Any additions to the brief will be carried out at the discretion of DMD and where no charge is made by DMD for such additions, DMD accept no responsibility to ensure such additions are error free and reserve the right to charge an according amount for any correction to these or further additions.

The client agrees to make available as soon as is reasonably possible to DMD all materials required completing the site to the agreed standard and within the set deadline.

  • DMD will not be liable for costs incurred, compensation or loss of earnings due to the failure to meet agreed deadlines.
  • DMD will not be liable or become involved in any disputes between the site owner and their clients and cannot be held responsible for any wrongdoing on the part of a site owner
  • DMD will not be liable for any costs incurred, compensation or loss of earnings due to the work carried out on behalf of the client or any of the clients appointed agents.
  • DMD will not be liable for any costs incurred, compensation or loss of earnings due to the unavailability of the site, its servers, software or any material provided by its agents.  

A part payment of 50% is required with any project before any design work will be carried out. This figure may be higher for new businesses.  Once a website has been designed and completed the final balance of payment is then due in accordance with our payment terms outlined above. There are no exceptions to this, i.e If the client decides they no longer requires the site, as they have commissioned the work and paid a part payment they are still obliged to pay for the work that has been done. Non payment will result in legal action being taken if necessary.  DMD’s name must be included in the footer at all times weather it’s hosted on our server or the client’s server.  

HOSTING, DATABASE, APPLICATION AND ECOMMERCE DEVELOPMENT

DMD cannot take responsibility for any losses incurred by the use of any software created for the client. Whilst every care has been taken to ensure products are problem free and accurate, the ultimate responsibility lies with the client in ensuring that all software is functioning correctly before use.

All codes developed will be the sole ownership of client, where they are not open source and created specifically for the client. 

The client is expected to test fully any application or programming relating to a site developed by DMD before being made generally available for use. Where “bugs”, errors or other  issues are found after the site is live, DMD will endeavour (but is not obliged to) to correct these issues to meet the standards of function outlined in the brief Compatibility DMD will endeavour to ensure that any developed/designed site or application will function correctly on the server it is initially installed in and that it will function correctly when viewed with the web browsing software.  DMD can offer no guarantees of correct function with all browser software. 

Website Hosting Whilst DMD can recommend hosting companies to host websites, no guarantees can be made as to the availability or interruption of those services by DMD. DMD 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.  Therefore all sites developed by DMD are hosted on our servers, that have maintenance agreements in the following server companies located in Germany, Ireland and UK where the highest level of security and performance are at the highest level. If you already have a domain name and hosting we can transfer them to our server and host for you. Backups are run daily on a server linked to the main hosting server and also on AWS. 

DMD reserve the right to refuse to handle in any way, material which may be deemed offensive, illegal or in any way controversial, and also to terminate the free hosting service should the necessity arise.

Renewal of Maintenance and or Hosting contract is given notice of 28 days before renewal. If there is no payment at renewal date, there is no maintenance contract in place and the website files on our servers will be removed and deleted within 60 days from the date of invoice where the client has been notified of the pending renewal. At a time where there is no maintenance contract in place your website may become vulnerable and may not be compliant with latest updates, it’s very important to have a maintenance contract in place to avoid this.  If there is a break in maintenance DMD is not responsible for broken plugins, code or security breaches in this time there is no maintenance contract in place. 

PAYMENT OF ACCOUNTS

A part payment is required from any new client before any work is carried out. It is DMD policy that any outstanding accounts for work carried out by DMD or its affiliates are required to be paid in full when the website is completed and launched, If payment is not received by go live date, the site will be taken down.  30 days from this date the website will be deleted without further notice from our servers unless by prior arrangement with DMD.

Once a part payment is paid and work completed you are obliged to pay the balance of payment in above notes. We will contact clients via email and telephone to remind them of such payments if they are not received when due.

If accounts are not settled or DMD have not been contacted regarding the delay, access to the related website may be denied and web pages removed, we will then pass such cases to the Small Claims Court to pursue payment, non payment can result in county court judgements (ccj’s) being added to the clients credit rating.

Following consistent non payment of an invoice our Solicitors will contact the client in question with a view to taking the matter further and, if need be, to seek payment through legal procedures including, if necessary, court summons. 

INDEMNIFICATION

Client agrees to use all DMD services and facilities at their own risk and agree to defend, indemnify, save and hold Developer harmless from any and all demands, liabilities, costs, losses and claims including but not limited to attorney’s fees against DMD or it’s associates that may arise directly or indirectly from any service provided or agreed to be provided or any product or service sold by the Client or its third parties. Client agrees this indemnification extends to all aspects of the project, including but not limited to web site content and choice of domain name.

Client also agrees to defend, indemnify and hold harmless DMD against any liabilities arising out of injury to person or property caused by any service provided or agreed to be provided or any product or service sold by the Client or third parties, including but not limited to, infringement of copyright, infringement of proprietary rights, misinformation, delivery of defective products or services which is harmful to any person, business, company or organisation.

Any access given to a third-party website developer or programmer at any time to the server or software, prior notice in writing is required at least 48 hours before access is given. DMD cannot be liable for any changes or consequences of broken software whilst any third-party programmer is engaged. DMDwill not fix any third-party code part of maintenance. This work will be assessed and quoted for separately. 

LIMITATION OF LIABILITY

1.1         Nothing in this Agreement:

1.1.1      shall limit or exclude the Client or DMD liability for:

(a) death or personal injury caused by its negligence, or the negligence of its personnel, agents or subcontractors;

(b) fraud or fraudulent misrepresentation;

(c) any other liability which cannot be limited or excluded by applicable law;

1.2         Subject to clause 1.1:

1.2.1      neither party to this Agreement shall have any liability to the other party, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any indirect or consequential loss arising under or in connection with this Agreement;

1.2.2      DMD total liability to the Client, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with this Agreement shall be limited to 50% of the total Charges paid by Client under this Agreement;

1.2.3      the Customer’s total liability to the Supplier, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with this agreement shall be limited to 80% of the total Charges paid by the client under this Agreement.

1.2.4 Additional costs for client internal or external resources to complete the project cannot be recovered other than the monies paid for the project. All web development projects require effort internally to complete the project, this time not recoverable under this contract and is limited to cost of the project quoted. 

NONDISCLOSURE

DMD and any third party associates agrees that, except if directed by the Client, it will not at any time during or after the term of this agreement disclose any confidential information. Likewise, the Client agrees that it will not convey any confidential information about DMD to another party.

PRIVACY POLICY

DMD and any third party associates shall use information provided by the client in relation to this agreement in accordance with the EU General Data Protection Regulation (EU) 2018/1725 (“GDPR”) and national laws implementing GDPR and any legislation that replaces it in whole or in part and any other legislation relating to the protection of personal data. All your personal data shall be processed lawfully, fairly and in a transparent manner for the following purposes: 1) to identify the client in communications with them and 2) to contact the client from time to time to offer products or services which may be of interest to, or benefit the client. ‘Personal Data’ means any information relating to an identifiable natural person (‘data subject;)


INTERPRETATION

DMD reserves the right to terminate a project with a Client at any time without prior notification if it finds the Client in breach of these terms and conditions. DMD shall be the sole arbiter in deciding what constitutes a breach. No refunds are given in such a situation.

This agreement shall be governed by the laws of Ireland which shall claim venue and jurisdiction for any legal motion or claim arising from this agreement. This agreement is void where prohibited by law. Where one or more terms of this contract are held to be void or unenforceable for whatever reason, any other terms of the contract not so held will remain valid and enforceable at law.

Any and all matters pursuant to this agreement are governed by Law and are under exclusive jurisdiction of the Courts.

DMD reserves the right to alter these Terms and Conditions at any time without prior notice.

By accepting a quotation or making a payment of invoice to use the services supplied, the Client acknowledges to have read, understand, and accept the Terms and Conditions of this Agreement, and agrees to be legally binding by these Terms and Conditions. 

Should clarification of any of the above be required please contact us at info@dmdweb.com