Terms of Service
Our terms of service are provided as a basic means of setting out what you should expect of us, and what we expect of any client. Although the language is simple, the intentions are serious and these terms of service are a legal document under exclusive jurisdiction of English courts.
You / the client: meaning any party that enters into discussions with DX Digital Ltd (hereby referred to as DX) that may be reasonably deemed a business relationship, or pertaining to one.
These conditions alone shall be deemed to apply to all services and offers provided by DX unless otherwise stipulated in writing by a director of DX.
DX working hours are 9:00am - 5:30pm Monday - Friday. We are closed during public holidays. Additional costs may apply beyond these working hours where agreed in advance.
On putting a project live
Putting a project live may be referred to as ‘go live’, ‘making public’, ‘distributing’ or any other term that suggests a client now has full use of it, it has moved to the public domain or a third party such as a printer or another developer. DX will only ‘go live’ on your instruction. By instructing us to ‘go live’ you (the client) understand and agree to the following terms:
You have thoroughly checked functionality in a variety of environments and pass it as approved.
You have thoroughly checked and accept sole responsibility for the accuracy of content (styling, copy, images, video and illustrations) and pass it as approved.
You are satisfied that the brief has been met in full and agree to make full payment as per terms of the original agreement.
You confirm all dimensions, measurements and other particulars stated are approved and immaterial deviations therefrom shall not form the basis of any claim against DX.
All further additions and modifications will require further scoping and agreement of costs.
You have passed any meta data you wish to be included to us and are satisfied it has been finalised.
Google Analytics and any other analytical or supplementary services have been tested to satisfaction, or inclusion has been deemed unnecessary or not scoped.
‘Go live support’ will be provide for 30 days following ‘go live’ during which time DX will fix any bugs found within the site which may have gone unnoticed prior to launch.
The client must notify DX of any defect within the 30 days ‘go live support’ period, beyond which the project shall be deemed free from defect.
Beyond the period of ‘go live support’, unless a maintenance agreement has been discussed, support will be provided ‘ad hoc’, on request once costs have been agreed.
We offer a training session (where applicable) covering how to add, edit and delete content with a view to empowering you to become a content editor.
The training session must be taken within 30 days of ‘go live’.
Training will not, and is not, designed to make you proficient in the technologies we use.
DX do not guarantee your website against future changes or advancements in technology and any required modifications will be subject to scoping and costs.
Ongoing security and maintenance patching of any aspect of the website is not included unless specifically agreed in writing or as part of a maintenance agreement.
DX provide support for third party assets such as Open Source software but do not take responsibility for the integrity of the assets other than checks that made at development stage to ensure they will provide the desired functionality.
Any issues that may arise beyond the period of ‘go live support’ will be deemed ‘further maintenance and subject to further costs.
Any functionality which has not been clearly scoped and agreed during the planning stages is out of scope and subject to additional costs.
Hosting is provided as a managed service only.
No server access will be provided (FTP etc.) to the client under any circumstances.
Full administrator access to CMS will not be provided unless agreed prior to ‘go live’.
Your site is backed up daily. One week’s worth of historical backup is retained.
Responsibility for safeguarding of files ultimately lies with the client.
DX provides a managed service on your behalf, and is not the host. Hosting is provided to DX by a third party (Digital Network Solutions Ltd, hereby referred to as DNS / Amazon Web Services) who rent us a dedicated virtual server.
Our virtual server only contains DX sites.
Our aim is to ensure uptime of your website is as high as possible.
Gaining support occasionally requires us to employ the services of DNS / AWS.
We do not offer email hosting, just advice on where to go for it.
The nature of the internet dictates that there are occasionally circumstances that neither DX nor DNS / AWS are able to control. In such circumstances your website may be offline until we can reasonably provide means to bring it back online.
Failover servers and connections to the internet are not provided unless specifically stated.
In the event that a server is down, call the studio or email your account handler.
DX offer no compensation, financial or otherwise in the event of downtime.
DX endeavour to respond to any support request within 4 working hours. Please refer to ‘working hours’ at the start of this document.
Outside of business hours, both DX and DNS/AWS are alerted to server downtime by SMS. In this instance any problem would be looked at as soon as is practically possible by the person on call at DNS/AWS.
Third party products
Third Party Products means software and other materials used in the project which are not owned by DX and which are used under licence.
DX take no responsibility for third party services that may be integrated within your project (eg, payment gateways, social media, analytical tools).
DX reserves the right to sub-contract any of the work undertaken on behalf of the Customer.
Any support services such as contract staff DX use are subject to our own NDA.
You retain copyright of any logo, trademark, photography or content either created by you or DX unless otherwise stated.
We cannot offer you legal ownership of domain names, web server platform, CMS, web platform, database software, or language used to build your website.
You do not own any source code or files generated in creating the “finished assembled work”.
DX reserve the right to use your project for self promotion purposes unless we have signed any non-disclosure agreement that stipulates that we may not do so.
DX will keep private any development links, work in progress or unused design concepts.
DX will not disclose specific details of any project prior to ‘go-live’.
Search engines, transactions and business objectives
Practical implementation of SEO, ‘web standards’, W3C and other similar standards are hugely open to interpretation. As such, DX will not enter into any debate over any ‘physical’ implementation of such subjective standards, only to endeavour to implement best practice techniques as we interpret them to be at time of implementation.
DX will endeavour to meet any required standards (sometimes subject to additional costs), providing any such requests are made formally in writing in early stages of planning.
DX do not guarantee search engine placements of any kind, unless specifically stipulated in any proposal.
DX do not take responsibility for lack of sales or site visitors.
Any suggestions, advice and services are provided with the client’s best intentions and it should be noted that DX cannot guarantee that such influence will result in financial gain or increased exposure.
You agree to pay us promptly on or before 30 days.
You agree that any delay in payment will be subject to an interest charge as set out by Gov.uk https://www.gov.uk/late-commercial-payments-interest-debt-recovery/claim-debt-recovery-costs
If you delay the smooth progression for a project for 30 days or more, we reserve the right to charge you a percentage of the project costs which we deem is equal to the amount of work completed, regardless of whether it has gone live or not.
Termination of service
Should you wish to transfer your site elsewhere, website files will be provided to you as a ‘zip’ where practically possible on a single occasion, after which, charges will apply.
No service will be provided in the transfer of your project to a new environment unless a prior agreement has been reached.
DX reserve the right to give immediate notice of resignation on any project or account at any time.
You agree not to publish or disseminate any comments, statements or materials that may harm the interests of DX.
DX agree not to publish or disseminate any comments, statements or materials that may harm the interests of the client.
Changes to Terms of Service
DX reserve the right make changes to our terms of service. Active clients would be notified at point of change.