Terms of Business
We believe that clarity and transparency are key to any long standing customer relationships.
Design and Development work is notorious for customers and suppliers coming into conflict about what is included in the scope or what level of support is offered. The web is full of blogs from designers lamenting the woes of impossible clients, some are even quite amusing!. There are just as many comments from clients whose web developer has disappeared and left them high and dry.
Well we don't want to do either of the above. We value long term relationships, a large portion of our business is from existing customers. It is easier for us that way and hopefully, easier for our clients.
Our Business Terms aim to prevent the confusion that sometimes occurs, we outline what we do as part of our service and what is a chargeable extra. The column on the right provides a handy, brief explanation in plain English!
This is a managed service which gives you a much greater level of personal service than normal registrars.
What this includes:
- we will register the domain for you and setup your name servers on registration
- renew it when required
- host the DNS details and forwarding requirements.
- make changes to the settings as required
- Add A records and Cname records when required.
We charge hourly for:
- Dealing with other suppliers in transferring domains,
- Transferring Domain ownership details
- Trying to reclaim your domain if you have let it expire past its renewal date.
- Acquiring domains from brokers
Your subscription covers the provision of the email hosting services - we will also create email accounts for you on the server as required.
We charge hourly for:
- Helping you set up outlook or your local devices, and troubleshooting setup issues on your systems
- Troubleshooting connectivity issues because of your ISP is blocking mail etc.
- Transferring mail from old accounts or other servers and migrating accounts
- Any issues with regards your recipients receiving email or attachments.
Our Business Catalyst SubscriptionOur business Catalyst subscription includes the following:
- The physical Hosting of your website and email by Adobe
- Perpetual CMS Application License
- Ongoing CMS Application updates and new features
- 24/7 monitoring and maintenance by Adobe
- Professional Service Level Agreement provided by Adobe
- Telephone and email support for technical problems with the platform.
We charge Hourly for:
- "How to" questions on using the Business Catalyst CMS, image editing and any other related issues.
- Professional Advice on Business catalyst, or other web technologies and platforms
- Updates and changes to your website content or code.
- Support issues for you website users, ie user account logins and payment failures etc.
DesignDesign projects will be quoted through a proposal outlining the features and parameters of the work.
We will provide a number of visual designs as specified in the proposal. We will make up to three revisions of those designs according to feedback provided. Any additional designs or revisions would be chargeable by the hour.
Code DevelopmentOnce the Designs are agreed and work has begun on the coding of a web design any changes made later to the design or related code would incur additional fees, these are simply charged hourly or if you request we can provide a fixed fee for the additional work.
Any delays in the project because you are late providing information are your responsibility - we do not "manage the client" we will wait for you to provide the information that has been asked for at your convenience.
CopyAny copy provided should be proofed and corrected prior to sending to us - any changes once the copy is typeset or uploaded to a site would be chargeable by the hour.
Conditions of Use
1. Web Site Hosting and Email
1 .2. You shall effect and maintain adequate insurance cover in respect of any loss or damage to data stored on the Server.
1 .3 You represent, undertake and warrant to us that you will use the Web Site allocated to you only for lawful purposes. In particular, you represent, warrant and undertake to us that:
1 .4 you will not use the Server in any manner which infringes any law or regulation or which infringes the rights of any third party, nor will you authorize or permit any other person to do so.
1.5 you will not post, link to or transmit: (a) any material which is unlawful, threatening, abusive, malicious, defamatory, obscene, blasphemous, profane or otherwise objectionable in any way. (b) any material containing a virus or other hostile computer program. (c) any material which constitutes, or encourages the commission of, a criminal offense or which infringes any patent, trade mark, design right, copyright or any other intellectual property right or similar rights of any person which may subsist under the laws of any jurisdiction.
1.6 you will not send bulk email whether opt-in or otherwise from our network. Nor will you promote a site hosted on our network using bulk email.
1.7 you will not employ programs which consume excessive system resources, including but not limited to processor cycles and memory. 1.8 We reserve the right to remove any material which we deem inappropriate from your web site without notice. We do not host Warez or illegal MP3 content (i.e. you may only upload MP3's if you own the copyright).
1.9 You shall keep secure any identification, password and other confidential information relating to your account and shall notify us immediately of any known or suspected unauthorized use of your account or breach of security, including loss, theft or unauthorized disclosure of your password or other security information.
1.10 You shall observe the procedures which we may from time to time prescribe and shall make no use of the Server which is detrimental to our other customers.
1.11 You shall procure that all mail is sent in accordance with applicable legislation (including data protection legislation) and in a secure manner.
1.12 In the case of an individual User, you warrant that you are at least 18 years of age and if the User is a company, you warrant that the Services will not be used by anyone under the age of 18 years.
1.13 Any access to other networks connected to Digital Forest must comply with the rules appropriate for those other networks.
1.14 While we will use every reasonable endeavor to ensure the integrity and security of the Server, we do not guarantee that the Server will be free from unauthorized users or hackers and we shall be under no liability for non- receipt or misrouting of email or for any other failure of email.
1.15 Users that abuse the network, such as mass unsolicited email (spam), illegal content, fraud, payment invasion, will be recorded and under all circumstances we will inform your ISP of your actions and if necessary legal and police departments. We will not tolerate any abuse of our network and abuse will be punished to the fullest extent allowable under law.
1.16 In relation to clause 1.15, we have the right to charge a £100 fine for each abuse case and the abuser will be liable for any costs incurred by ourselves, our customers or any other company / business linked to us.
1.17 If you abuse the network or we receive a complaint about your account we will investigate this and we have the right to suspend the account if your actions could have a negative effect on our business or any other business connected to us. In extreme cases we may terminate your account and end our business relationship with you immediately. In such circumstances a refund will not be paid. Attempts to recover any monies paid in abuse situations will result in legal proceedings against you to the fullest extent allowable under law.
2.Web Site Hosting Service Availability
2.2 We shall have the right to suspend the Services at any time and for any reason, generally without notice, but if such suspension lasts or is to last for more than 7 days you will be notified of the reason.
2.3 The Services provided to you hereunder and your account with us cannot be transferred or used by anyone other than you. No more than one log-in session under any one account may be used at any time by you. If you have multiple accounts, you are limited to one login session per system account at any time; user programs may be run only during log-in sessions. If your account is found to have been transferred to another party, or shows other activity in breach of this subclause, we shall have the right to cancel the account and terminate the Services and/or this Agreement immediately.
2.4 Uptime guarantees do not include downtime required to upgrade / service hardware or problems caused by your equipment or 3rd parties, for example but not limited to, your ISP (internet service provider).
3.2 Payment is due each month or year until closure notice is given.
3.3 All payments must be in £UK (UK pounds).
3.4 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 shall be entitled forthwith to suspend the provision of Services to you.
3.5 From time to time security checks are performed and new customers may be telephoned prior to any service commencing.
3.6 If unpaid monies are owned to us for one or more services we reserve the right to suspend / terminate all services you hold with Digital Forest.
3.7 An interest rate of 8.5% (or current UK Government guideline rate) will be charged monthly on all monies owed
3.8 If monies remain unpaid we reserve the right to pass the debt over for collection to our approved agency. A Fee of £75 ex VAT would be levied on outstanding accounts plus an additional 12% on the total amount owed. We will also look to recover any further costs incurred during the collection process.
3.9 If monies are owned to us are not received in full within 30 days of our final request it will be considered as fraud.
4. Web Site Hosting Termination
4.2 If you break any of these terms and conditions we may suspend the Services and/or terminate this Agreement forthwith without notice to you.
4.3 If you are a company and you go into insolvent liquidation or suffer the appointment of an administrator or administrative receiver or enter into a voluntary arrangement with your creditors, we shall be entitled to suspend the Services and/or terminate this Agreement forthwith without notice to you.
4.4 Refunds will be given at the discretion of the Company Management including refunding of upfront yearly fees
4.5 We reserve the right to suspend the Services and/or terminate this Agreement / your account at any time with no notice or reason.
4.6 You may cancel the Services at any time. Canceling payments to us on monthly paid plans will result in the immediate suspension of the service(s). For annually paid plans the account will be suspended at the end of the 12 month period. Partial refunds will only be given on annual plans.
4.7 On termination of this Agreement or suspension of the Services we shall be entitled immediately to block your Web Site and to remove all data located on it.
4.8 When an account termination request is received it will only be actioned if it contains enough proof that we know it came from the authorized account holder.
4.9 When a valid account termination request is received it will be terminated immediately. We do not accept termination requests that request closure at a future date.
4.10 Accounts closed in error by the customer will not be reopened unless we receive new payment equivalent to one months service which must then be cancelled by the customer at the correct time of closure.
5. Web Site / Company Design Services
5.2 All designs remain the property of digital Forest Interactive until fully paid for.
6. Limitations of Liabilities for Internet Marketing services
6.1. Limitation of liability and warranty disclaimer: Digital Forest Interactive Solutions Ltd. makes no representations, warranties or guarantees of any kind, either express or implied with respect to the internet marketing program, or the functionality, performance or results of use thereof, including, without limitation, any warranties of merchantability, fitness for a particular purpose, non-infringement, or other warranties arising by usage of trade, course of dealing or course of performance.
6.2. Without limiting the generality of the foregoing, Digital Forest does not warrant or guarantee the internet marketing program or operation thereof will be uninterrupted, error-free or will meet The Customer’s requirements.
6.3.Digital Forest will not be liable for, or considered to be in breach of or in default, on account of any delay or failure to perform as anticipated by the parties, including, without limitation, if Digital Forest’s internet marketing program becomes inoperable or incapable of performing as intended.
6.4.Digital Forest will not have any liability or responsibility for any special, indirect, incidental, consequential or exemplary damages in connection with this agreement, including, without limitation, damages relating to the loss of profits, income or goodwill, or third party account access, even if aware of the possibility of such damages.
6.5. In no event will Digital Forest’s liability for monetary damages under this agreement exceed the amount paid by The Customer to Digital Forest for the internet marketing program.
6.6. Confidentiality –Digital Forest expects that all information provided to it shall be confidential.
8. This Agreement
Acceptable Use Policy
The following are guidelines for the establishment and enforcement of Digital Forest's AUP:
Ensure reliable service to our customers