Last Updated: 20/10/2017
Terms of Business
Taylormade Digital specialises in creating websites for small and medium sized businesses so that such businesses can excel on the internet.
Please read the General Terms & Conditions before reading these terms. These terms and conditions extend the General Terms & Conditions and by agreeing to these terms you acknowledge that you have read and agree to the General Terms & Conditions.
Please read these terms and conditions carefully. These terms and conditions apply to all website design and implementation services offered by, agreed upon and provided by Taylormade Digital. Any purchase or use of our services implies that you have read and accepted our terms. It is not necessary for you to have signed an acceptance of these terms and conditions for them to apply. If you accept a quote or agree to services either verbally or in writing then you will be deemed to have satisfied yourself as to the terms applying and have accepted these terms and conditions in full.
The Development Process
Agreeing on a Design
We will design and implement the layout of your website in accordance with your requirements agreed before the start of the project by email, SMS message or face to face conversations. TMD will send a follow up email after every face-to-face interaction confirming everything discussed to formally document the information. You may be asked to digitally ‘sign’ an online agreement in the form of a checkbox on TMD’s website to formally agree to our arrangement and to formally agree to these terms and conditions. Once a design is created and a price agreed upon, the project will start after a deposit is paid. The deposit is usually 50% of the overall project cost (unless agreed and documented otherwise) and this deposit is non-refundable.
TMD requires you to provide appropriate content and images for each website page. Prior to the website going live, you must supply all content and images.
You will need to make sure that your content, domain name, trade marks and images as well as any other materials you provide us with or require us to incorporate into your website do not infringe the rights (including intellectual property rights) of anyone else or anyone else’s company and do not constitute Unacceptable Content.
Unacceptable Content will include any content or materials which are either obscene, defamatory or otherwise unlawful. You agree to hold us harmless against any losses, damages or liabilities we incur if you fail to get the necessary clearances, permissions, licences and consents or if you include any Unacceptable Content within any materials that you provide to us. If you are not sure whether your materials are cleared for use on your website, or if any materials are likely to amount to Unacceptable Content in any form, you should consider extremely carefully whether or not you want to incorporate them into the website and take legal advice as you see fit.
Stock photography and other content can be bought for you for sole use on the website and in any other marketing materials that TMD are designing for you. We use Shutterstock for our images, please also refer to their terms of service here ([Shutterstock Terms of Service & License Agreements](https://www.shutterstock.com/license)).
TMD will test your website on a range of devices sizes including desktop, tablet and mobile using simulations of each and sometimes physical devices too. The way your website looks on smaller devices will always be different when on a larger desktop device. This is the nature of mobile responsive designs however we try to ensure that a user’s experience of a design created by TMD should be appropriate to the capabilities of a browser or device.
At the same time that a design is a agreed, an estimated timescale shall be discussed also, depending on TMD’s availability and demand. However, website projects are usually complete within 90 days of the deposit being taken for small-medium sized projects and longer for larger projects. Occasionally there may be small delays in the turnaround which result from matters which are outside of TMD’s reasonable control, and TMD will not be held liable for any such delays.
In order for us to get working on the website quickly we need the following things from you:
- Your domain name and access to it’s records;
- Details of your required email accounts;
- Your logo in an editable format preferably an SVG file or Adobe equivalent;
- The content and images that you would like to incorporate into your website.
Although we will always endeavour to meet our deadlines and timescales, we can’t be held responsible for a missed website launch or deadline under any circumstance and especially in the case where you are late in supplying materials or where designs have not approved or signed-off work in a timely fashion.
Launch and Sign Off
We require formal confirmation that you are happy with the competition of a project and may be asked to digitally ‘sign’ an online agreement in the form of a checkbox on TMD’s website, this is called your ‘sign off’ and is an indication to us that you are happy with the work and wish us to make the website active. Once this has been done, the project is marked as complete and full payment will be expected within the payment terms of the General Terms and Conditions.
TMD makes a basic effort to ensure your website is SEO ready meaning that your website can be optimised by others if you wish. We don’t take any responsibility for you website’s rank on search engines. When updating, changing or creating a website there could be a change in your website’s search engine ranking.
Taylormade Digital’s hosting is powered by Siteground, optimised for Wordpress but managed by Taylormade Digital. For more information on Siteground, visit their website. It is also advisable to read the relevant terms on their website, by agreeing to these terms and conditions, you also agree to Siteground’s terms.
Service and Uptime
TMD will try to provide a reliable and professional hosting service to you at all times but we do not and cannot guarantee that your website will be available at all times, especially in the event of any technical failures beyond our control.
The operation of websites can often be subject to delays, interruptions, errors and omissions, including issues with the underlying network or communications infrastructure. We will do what we can to minimise, and where possible to remedy, such delays, interruptions, errors or omissions, but we will not be responsible for any losses, damages or liabilities arising through no fault of our own.
If you choose to pay for hosting annually your renewal of hosting is due one calendar year from the date that the website is first made live. You will be reminded 30 days before your renewal date that renewal is due and an invoice will be issued 14 days before your renewal date. Payment is required by the renewal date.
If you choose to pay for hosting on a monthly basis, you will be issued with an invoice 7 days before your monthly renewal date. Your renewal date is one calendar month from the date the website is first made live. The minimum term for monthly hosting is 12 months from the date the website is first made live.
TMD reserves the right to review pricing of any hosting package between renewal dates and will give 90 days notice of any pricing changes.
Unpaid Hosting Invoices
TMD will send you a late payment notice if you are late on any hosting payments and we will give you 1 working day to realign with your payment schedule but after this period, we may suspend the operation of and access to any website. There will be an admin fee of £20 for reactivating the website.
TMD can purchase a domain name on your behalf, we usually us GoDaddy for these purchases. These domain name purchases can be transferred to you on your own domain registrar account at any point, please allow 7 working days to complete this request.
If you allow us to manipulate or modify the records of a domain name that has already been bought then you further agree to the provisions laid out in the ‘Content’ part of these terms and conditions.
TMD will contact you if your domain name needs to be renewed and TMD an organise this for you as a service. We will contact you when your domain name is due for renewal and highlight your options to you. We do not accept any responsibility for domain names expiring that our not within our control nor do we accept any liability for websites failing or going offline due to lack of communication when reasonable effort has been made by TMD to arrange a domain name renewal that is within our control.
Right to Cancel
You have the right to cancel any hosting services at any time after the minimum term with no less than 1 months’ prior written notice. In such circumstances, no refund shall apply but your website may remain online until the current term that you have paid for.
Should you wish to move the Website to an alternative provider you are free to do so upon giving us no less than 1 month’s prior written notice. TMD’s only obligation will be to export the Wordpress configured files as they exist on our web server in a zip file along with all media used on your website. TMD will charge for the time spent outputting the files based on its standard rates laid out in these terms and conditions.
Intellectual Property (Website)
Provided that you comply with all terms and conditions that are applicable, we agree to transfer you ownership of any final design provided to you by TMD for your website’s final design, but you will not own any source code (or other software), methods, methodologies, products, processes, tools, techniques, databases, media, content or other materials generated by TMD in the production of the website or otherwise unless paid for in another service (in which case are governed by their own intellectual property terms).
You acknowledge and grant to TMD the right to use initial web designs and revised web designs, as well as individual designs provided to you, for internal and filing purposes, and in order to display and promote the TMD service. You acknowledge that your rights under the preceding paragraph shall be limited to your final website design chosen and signed off by you.
Until you have notified your approval of the your final website design, all artwork, concepts and designs, excluding the materials provided by you at the start of the project, remain the copyright and exclusive property of TMD. This material may not be reproduced in any other way without the prior written consent of TMD. We reserve the right to use and reproduce any image, logo or illustration created by TMD, in connection with the promotion of TMD and its services from time to time however you shall be notified of this.
All intellectual property rights owned by you in any text, software, music, sound, photographs, graphics, video, page layout and design or other material which you upload or post to your site (your materials) shall remain your property.
By providing to us, or uploading to your, any of your materials, you are allowing us, a non-exclusive, world-wide, royalty free, perpetual, irrevocable licence to display, reproduce and otherwise use your materials in any medium for the purposes of performing our obligations under these terms and conditions and promoting TMD and its services.
You agree to prominently display the TMD name and logo on your website homepage or other landing pages as may reasonably be required by TMD. To this effect, we grant you a personal, non-transferable and non-exclusive licence to use the TMD name and logo, and you will remove this upon termination of your account with TMD.
Unless we otherwise authorise you to do so in writing, you agree not to modify, copy, reproduce, republish, upload, post, transmit, rent, loan, sell, lease, licence, sub-licence, distribute or create content nor derivative works relating to TMD, other than your final website design or the your materials.