Dollydesigns - Terms and Conditions

Definitions:

The Client or you: The company or individual requesting the services of Dollydesigns.

We, Dollydesigns: Primary designer/site owner & employees or affiliates.

General:

The following Terms and Conditions of Service apply to all products and services provided by Dollydesigns.

All work is carried out by Dollydesigns and its associates on the understanding that the client has agreed to Dollydesigns’ terms and conditions.

Copyright is retained by Dollydesigns on all design work including words, pictures, ideas, visuals and illustrations unless specifically released in writing and after all costs have been settled.

If a choice of design is presented, and only one solution is given by Dollydesigns as fulfilling the contract. All other designs remain the property of Dollydesigns, unless agreed in writing that this arrangement has been changed.

Project acceptance:

At the time of proposal, Dollydesigns will provide the customer with a written estimate or quotation. The Terms and Conditions can be read on the Dollydesigns website at: www.dollydesigns.co.uk/terms.

A copy of the written estimate or quotation is to be signed and dated by the customer to indicate acceptance and should be returned to Dollydesigns.

Alternatively, the client may send an official order in writing by post or email in reply to the estimate or quotation, which binds the client to accept Dollydesigns’ terms and conditions. No work on a project will commence until either document has been received by Dollydesigns.

Design charges and alterations:

Charges for design services to be provided by Dollydesigns will be set out in the written estimate or quotation that is provided to the customer. The estimate may change should the work needed to complete the project be more or less than is needed. This will be with agreement from the client at time of alteration. Any alterations required after the completed project will be charged at the discretion of Dollydesigns with agreement from the client prior to the work involved.

Charges may also apply if the customer does not provide suitable content as agreed before project commencement. For example written words or images as outlined in the agreement before work commences.

Proof reading:

All designs will be subject to proof reading before release. The client must proof read and approve all final copy before the production of artwork. The email verification of the Client’s Representative shall be conclusive as to the approval of all artwork prior to their release for printing, implementation or installation. Dollydesigns takes all care to avoid errors, Dollydesigns accepts no responsibility for typographical errors, spelling mistakes, or incorrect information on any project approved by a client. No refunds or reprints are given after a final approved design has gone to print due to oversights by the client’s proof reading.

Making Changes After Proof Stage (Print Only):

If a change is requested, we will do everything we can to make the correction before the printing starts, but we cannot guarantee this. We accept no responsibility, under any circumstances, for any mistakes present on the completed work, as the signing-off of a proof absolves us of all liability (see "Proof reading" above)

Print Quality (Print Only):

Every effort will be made to obtain the best possible colour reproduction on customer's work but because of the nature of the processes involved, Dollydesigns cannot guarantee an exact match in colour or texture between any materials with which you supply us, and the printed article.

Quantity Supplied (Print Only):

Every effort is made to produce the exact quantity of items ordered. However, some variation is inherent in the print process and so you accept that minor variations in quantity are possible. These do not affect the price charged.

Website Design:

Whilst every endeavor will be made to ensure that the website is constantly online and any scripts or programs are free of errors, Dollydesigns cannot accept responsibility for any losses incurred due to malfunction, the website, hosting or any part of it.

The website, graphics and any programming code remain the property of Dollydesigns until all outstanding accounts are paid in full.

Any scripts, cgi applications, php scripts, or software (unless specifically agreed) written by Dollydesigns remain the copyright of Dollydesigns and may only be commercially reproduced or resold with the permission of Dollydesigns.

Dollydesigns 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.

The client agrees to make available as soon as is reasonably possible to Dollydesigns all materials required to complete the site to the agreed standard and within the set deadline. Dollydesigns will not be liable for costs incurred, compensation or loss of earnings due to the failure to meet agreed deadlines.

Dollydesigns 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.

Dollydesigns 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.

New Domain Name Registration:

Domain names are purchased on the behalf of each client, the client is the sole owner of the domain therefore we cannot offer a refund. Should you wish to cancel our services and move the purchased domain to another provider the domain name will be transferred.

Domain Name Renewals:

Customers are invoiced domain name renewals prior to the renewal date. Cancelled hosting accounts are not issued domain name renewals. No refunds will be granted for domain name renewals under any circumstances.

Website Hosting:

Whilst Dollydesigns offers website and data base hosting, no guarantees can be made as to the availability or interruption of this service. Dollydesigns 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.

Website Maintenance:

Website maintenance packages are available. Any maintenance costs will be agreed with the client and paid either monthly or yearly. Dollydesigns 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 during maintenance.

Copyrights and Trademarks:

By supplying text, images and other data to Dollydesigns for inclusion in the clients website or other design medium, the client declares that it holds the appropriate copyright and/or trademark permissions. It is your responsibility to obtain all necessary copyrights for its use, and we assume that you possess these. In such cases, the copyright belongs to you. By signing this agreement, you agree to indemnify Dollydesigns from any claim, which arises regarding the use of material with which you supply us. The ownership of such materials will remain with the client, or rightful copyright or trademark owner.

We reserve the right to use any artwork or printing we produce for the purposes of promoting our services unless you request otherwise in writing. The client also agrees to allow Dollydesigns to place websites and other designs, along with a link to the client's site on Dollydesigns own website for self-promotional purposes unless agreed otherwise in writing with the client.

Any artwork, images, or text supplied and/or designed by Dollydesigns on behalf of the client, will remain the property of Dollydesigns and/or its suppliers. The customer may request in writing from Dollydesigns, the necessary permission to use materials (for which Dollydesigns holds the copyright) in forms other than for which it was originally supplied, and Dollydesigns may, at its discretion, grant this.

Dollydesigns reserves the right to use stock images in the creation of designs if required. This cost is not included in the Project Proposal and will be subject to an extra charge, this charge will be agreed with the client prior to purchase of agreed stock files.

Payment:

Dollydesigns will supply an invoice on completion of work. Invoices are normally sent via email, however hard copy invoices can be sent should the client request it. Invoice payment is due upon receipt. Payment can be made by: Cash, Cheque, or BACS payment.

Hard copy graphic design work supplied to the client will not be released until full payment has been made.

Printing services will require a 50% deposit prior to being printed. The remaining balance will be required on receipt of goods. Printed items will not be released without full payment.

Any invoice not paid after 30 days of the invoice date will be considered in default. If the Client in default maintains any information or files on Dollydesigns Web space, Dollydesigns will, at its discretion, remove all such material from its web space. Dollydesigns is not responsible for any loss of data incurred due to the removal of the service. Removal of such material does not relieve the Client of the obligation to pay any outstanding charges assessed to the Client's account unless the invoice is for web hosting renewal.

Cheques returned for insufficient funds will be assessed a return charge of £25 and the Client's account will immediately be considered to be in default until full payment is received. Clients with accounts in default agree to pay Dollydesigns reasonable expenses, including legal fees and costs for collection by third-party agencies, incurred by Dollydesigns in enforcing these Terms and Conditions.

Termination of services:

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. Any design work completed by Dollydesigns unless agreed in writing will be due for full payment.

Liability:

Dollydesigns 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 design material or web site;
- Loss or damage to clients' artwork/photos, supplied.

Data Protection:

Dollydesigns agrees to keep the confidential information of its clients confidential, including all administration areas of websites and details of referrers and those who are referred. All such data recorded by a website will be completely secure, and all information will be treated as confidential in accordance with the Data Protection Act.