Terms & Conditions

Cost Estimate Definitions

Specification / Planning

To include, but not limited to: Ensuring brief is viable and the proposed solution is agreed upon by both parties, existing site analysis, quoting and scheduling, wire-framing and flow charts (where required).

Project Management

To include, but not limited to: Client liaison (calls, emails, meetings), supplier liaison/print management (where required), proof checking, internal testing/automated testing, pre/post-launch checklists, management of hosting (where required).

Research & Development

To include, but not limited to: R&D into new hardware, software, functionality, design techniques, print-processes and/or suppliers required to successfully complete a project.

Design / Artwork

To include, but not limited to: Concept work, design development and build of final design. Design development will typically include a maximum of two sets of client amends. Changes required over and above the estimated work, or requested after client approval of the chosen concept, will be liable to a separate charge.

Copy-writing and/or content population will be quoted separately, if required.

Front & Back-end build

To include, but not limited to: HTML, Javascript, CSS, PHP, MySQL, Application development. Working proofs of a build will be sent to the client for approval. Once the originally agreed design & functionality is signed off, further functional changes will be liable to a separate charge.

Whilst we make every effort to ensure that our code is error-free, no software can be guaranteed to be 100% bug free and bugs can be caused by updates in operating system or underlying software updates. As a result, we offer a limited term 3 month code warranty on new feature developments. If you raise an issue with a newly launched feature within 3 months of launch, we will review and if found to be an issue with the code in the newly developed feature, we will fix free of charge.

Training / Consultancy

To include: CMS training, advice on further updates/phases, technical support for the duration of the project. Further support and consultancy can be requested after the launch of the project, but this will be charged at our standard hourly rate.

Terms & Conditions

The following applies to all services provided by Designamite Ltd.

General: Designamite Ltd. reserve the right to change these Terms and Conditions at any time without prior notice to its Clients. Notification will be sent to all Clients at the time of the alterations.

Project Acceptance: At the time of proposal, Designamite Ltd. will provide the Client with a written cost estimate by email (an explanation of the terms included in these estimates can be seen in the above section – Cost Estimate Definitions).

Client approval of the estimate should be returned to Designamite Ltd. by email, alternatively, the Client may send a purchase order in reply to the estimate. Both options bind the Client to accept Designamite Ltd.’s terms and conditions. No work on a project will commence until either document has been received by Designamite Ltd..

Additional Charges/Amendments: All estimates are based on expected or agreed design time and include a maximum of two sets of corrections.

The Client agrees that changes required over-and-above the estimated work or required to be carried out after acceptance of the draft design will be liable to a separate charge. These additional services will be made known to the Client and included in a revised Cost Estimate before any work commences.

The Client also agrees that Designamite Ltd. holds no responsibility for any amendments made by a third party, before or after a design is published.

Project Approval: Once final proofs/materials have been signed off by the Client, Designamite Ltd. cannot be held responsible financially or otherwise for any errors relating to print, programming or any end product.

Delivery: Projects will be planned to agreed schedules. Non-adherence to these schedules by the Client may result in compromising final delivery deadlines. If this is likely to occur, Designamite Ltd. will advise the Client as soon as it becomes evident and suggest alternative solutions where possible (this may incur additional costs).

Whilst every effort will be made to achieve agreed delivery, Designamite Ltd. cannot accept liability or be held financially responsible for any targets or deadlines being missed for delivery of any work which is outside of it’s control.

Advice of any loss, quality or damage issues must be reported to Designamite Ltd. within five clear working days of delivery and receipt (whether printed or digital) and any claim in respect thereof must be made in writing to Designamite Ltd. within 3 working days thereafter. Designamite Ltd. shall not be liable in respect of any claim unless the aforementioned requirements have been complied with.

On-hold projects: Should a project be unable to be completed for any reason or has been delayed/put on hold by the Client for a period of 4 weeks or more, Designamite Ltd. reserves the right to invoice partial work carried out (including third party costs incurred).

Cancellation: Cancellation of orders may be made initially by telephone, however, following this, Designamite Ltd. will need formal notification in writing, via email, at which point an invoice will be issued for all work carried out (including third party costs incurred).

Payment: The Client will be asked to provide sign-off of work carried out before being issued with an Invoice. Payments may be made by Bacs or previously agreed electronic funds transfer.

For new Clients payment for the full or part amount may be requested in advance of commencement, as agreed between both parties. For subsequent invoiced work, Designamite Ltd. must receive full payment no later than 30 days after the date of Invoice.

Designamite Ltd. reserves the right to make a surcharge of 2% per month interest to accounts that are not paid by this time, and/or to withhold supply of goods (in the case of web services, this includes recalling services including hosting).

Removal of such materials does not relieve the Client of it’s obligation to pay the due amount. Clients whose accounts become default agree to pay Designamite Ltd. reasonable legal expenses and third party collection agency fees in the enforcement of these Terms and Conditions.

Disputes: In the event of any bona fide dispute (excluding any dispute relating to non payment of the Charges, for whatever reason), the parties shall attempt to resolve such dispute or difference in good faith or by mediation. It is the responsibility of the Client to inform Designamite Ltd. immediately of any issue that may lead to a dispute (including but not limited to quality, service, cost, deadline), without such information, no disputes will be entered into.

Copyrights and Trademarks: Copyright of all work is retained by Designamite Ltd. including planning documents, work-flows, wireframes, concepts, illustrations, proofs, site and application code bases, until all project invoices have been settled.

If multiple concepts are submitted, only one is deemed to be supplied by Designamite Ltd. as fulfilling their obligation. All other artwork designs remain the property of Designamite Ltd., unless requested and agreed previously in writing.

It remains the Client’s responsibility to seek copyright protection if desired for any creative/intellectual property provided to the Client by Designamite Ltd..

By supplying text, images and other data to Designamite Ltd. the Client declares that it holds the appropriate copyright and/or trademark permissions. The ownership of such materials will remain with the Client, or rightful copyright or trademark owner.

By supplying images, text, or any other data to Designamite Ltd., the Client grants Designamite Ltd. permission to use this material freely in the pursuit of the project and to utilise the designs in Designamite Ltd.’s portfolio unless agreed otherwise.

Should Designamite Ltd., or the Client supply content for use in a project believing it to be copyright and royalty free, which subsequently emerges to have such copyright or royalty usage limitations, the Client will agree to allow Designamite Ltd. to remove and/or replace the file.

The Client agrees to fully indemnify and hold Designamite Ltd. free from harm in any and all claims resulting from the Client in not having obtained all the required copyright, and/or any other necessary permissions.

Digital projects only: Once a digital project is complete, Designamite Ltd. will provide the Client with the opportunity to review the resulting work. Designamite Ltd. will make one set of minor changes at no extra cost within 14 days of the start of the review period. Minor changes include small textual changes and small adjustments to placement of items on the page. It does not include changes to images, colour schemes, navigation features or functionality. Any minor changes can be notified to Designamite Ltd. by email.

Designamite Ltd. will consider that the Client has accepted the original draft, if no notification of changes is received in writing from the Client, within 14 days of the start of the review period.

Hosting websites: Designamite Ltd. offers a limited hosting service through an out-sourced server. Designamite Ltd. does not guarantee continuous service and will accept no liability for loss of service, whatever the cause. Designamite Ltd. may request that Clients change the type of hosting account used if that account is deemed by Designamite Ltd. to be unacceptable because of poor service, lack of bandwidth or in any other way insufficient to support the website. Fees for Designamite Ltd.’s hosting service are due at the commencement of any period of service and are non-refundable. Fees due to third party hosting organisations are the responsibility of the Client and Designamite Ltd. are not liable for their payment, nor for the renewal of domain names, which are the sole responsibility of the Client / domain owner.

Duration and Renewal of Hosting Services: Unless otherwise specified, Services are provided for a minimum contract term of 12 months and unless cancelled in writing will automatically be renewed for the billing period chosen on sign up. You are entitled to cancel the Services by contacting Designamite Ltd. no less than 3 months prior to the renewal date for your Services.

Design Credits: The Client agrees to allow Designamite Ltd. a small credit on printed material and/or a link to Designamite Ltd.’s own website on the Client’s website. This will usually be in the form of a small logo or line of text placed towards the bottom of the page.

Designamite Ltd. reserves the right to use both initial creative concepts and final approved design work for the purposes of Designamite Ltd.’s marketing activities (both online and offline) unless otherwise requested/agreed with the Client.

Rights of Refusal: Designamite Ltd. will not include in its designs, any content which it deems to be immoral, offensive, obscene or illegal. All advertising material must conform to standards laid down by all relevant advertising standards authorities. Designamite Ltd. also reserves the right to refuse to include submitted material without giving reason. Any images and/or data that Designamite Ltd. does include in all good faith, and then finds out that it contravenes these Terms and Conditions, the Client is obliged to allow Designamite Ltd. to remove the contravention without hindrance, or penalty. Designamite Ltd. is to be held in no way responsible for any such data being included.

Sub-Contracting: Designamite Ltd. reserves the right to use the services of sub-contractors and/or the right to commission freelance support or outsource any job if it is felt it is in the best interests of the Client.

Any outsourced work remains the property/responsibility of Designamite Ltd. and such services are deemed to be carried out ‘indirectly’ by Designamite Ltd. and are bound by their Terms and Conditions.

Designamite Ltd. and its Clients agree to comply with Printers T&Cs which include disclaimers for non-completion on time and the flexibility to supply quantities within 5% of the total ordered for one colour work and 10% for full colour work.

Disclaimer: Designamite Ltd. makes no warranties of any kind, express or implied, for any and all products and/or services that it supplies. Designamite Ltd. will not be held responsible for any and all damages resulting from products and/or services it supplies. Designamite Ltd. is not responsible for any loss, or consequential loss of data, or non-delivery of products or services, of whatever cause. While we take reasonable steps to investigate the materials we recommend, we accept no responsibility for the performance or quality of materials or any consequential loss arising from their failure. The Client agrees not to hold Designamite Ltd. responsible for any such loss or damage. Any claim against Designamite Ltd. shall be limited to the relevant fee(s) paid by the Client.

Last updated: 04/07/2024