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Terms & Conditions

Updated 18 October 2019

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To make this section easier to understand we have split the information in to easy to follow sections.

We understand the legal information can be complex. Thus, we have made this as simple as possible. We believe in transparency. Our FAQ's within the Help Centre also reiterate what we have written here.

Introduction

  • These Terms and Conditions apply to the provision of services detailed on this website www.thisiswebsitedesign.com ("Services") by Diginow Ltd a company registered in England and Wales under number 09647175 whose registered office is at 4th Floor, 169 Piccadilly, London, W1J 9EH (we or us) to the person buying the services (you).
  • Our general terms & conditions ("General T's & C's")  can be found here: www.diginow.co.uk/terms-conditions/.
  • You are deemed to have accepted these Terms & Conditions and our General T's & C's when you purchase Services from this website.

    Who we are

  • Diginow Ltd owns and operates www.thisiswebsitedesign.com. Our company website is www.diginow.co.uk. Our contact details are displayed on both websites.

    Are you eligible for our Services?

  • In order to be able to purchase the Services and enter into a Contract, you must be a business customer and not a consumer and you are purchasing our Services solely for use in connection with your trade, business, craft or profession and not for personal use. You have the authority to enter into a Contract with us on behalf of your business.
  • You agree not to use our Services for any resale purposes.

    What does our Services include?

  • Our Services include the following:
    1. A website and designed and developed based on the features you have selected from those that we offer for the Service you have selected. Any additional features / bespoke functionality will be developed at an additional cost agreed between us.
    2. Your website will be responsive (the design responds/adapts depending upon the layout of the device / browser being used) at the time of development and whilst you are a customer.
    3. If you have selected our Services which includes a progressive web app "PWA" (where your website visitors can save your website like an app to their home screen on mobile devices), this will be included and applicable to mobile devices.
    4. We will secure and host your website and PWA (if applicable) on third party servers. You acknowledge that hosting systems, servers and equipment may from time to time be inoperative or only partly operational as a consequence of mechanical breakdown, maintenance, hardware or software upgrades, telecommunication connectivity problems or other causes outside the control of us or our third party hosting service providers.
    5. We will maintain and update your website and PWA (if applicable) and add new features as and when we add them to our Services whilst you are a customer.
    6. We will submit your website for listing within the main search engines including Google. Once your website is listed we are not responsible for its ongoing promotion. You acknowledge that the order in which websites are ranked in the natural search results is controlled by the search engines. Whilst we can optimise your site for this, we are unable to make any guarantees about the success of any search engine promotion activity.
    7. We will advise you on the registration of a domain name and we will advise you on how to point the domain name to the website server where your website will be hosted.
    8. We will add your initial website content if provided to us in the timeframe stated below.
    9. We will arrange a suitable time to train you on how to manage the website. Our systems have been designed to be very user friendly and documented.
    10. One of the features we provide is a marketing module which allows you to create marketing emails and then send them using a relay service. That relay service (SMTP) is provided by a third party. You will need to create a direct account (we will assist you) and the selected third party's Terms & Conditions will apply.

    When you order our Services from this website

  • All orders for the Services you wish to purchase are required to be made online. When we receive your order, we will review the details you have submitted. We will do one of the following:
    1. Accept your order. We will send you an email to inform you that your order has been accepted. A Contract based on these Terms & Conditions and General T's and C's is formed when we accept your order ("the Acceptance Date").
    2. Contact you to clarify / ask further questions before we decide on how to proceed on your order.
    3. Reject your order. In the event that we have to reject your order, we will advise and refund to you any amounts paid.

    How long will the Contract be?

  • The Contract will remain in force for twelve (12) months from the Acceptance Date ("Initial Term").
  • Unless you terminate the Contract in accordance with these Terms and Conditions, the Contract will automatically renew at the end of the Initial Term for a further period of twelve (12) months and shall continue to renew automatically thereafter for additional periods of twelve (12) months, each such additional period commencing on the anniversary of the Acceptance Date.
  • We will notify you by email fourteen (14) days in advance of such automatic renewal. If you do not wish to renew the Contract, you must tell us in writing that you wish to cancel prior to the renewal date, otherwise you will not be eligible to receive a refund.

    How do you cancel / terminate our services under the Contract that we form?

  • You have the right to cancel the Services and receive a full refund before any Contract has been formed (this is before we accept your order) by giving written notice by email to cancellation@diginow.co.uk (quoting your company name and order number). We will reply confirming your cancellation of the Services ordered, the amount you paid and process this amount as your refund within 3-5 business days.
  • After a Contract has been formed (this is when we have accepted your order), you have a right to cancel the Services as follows:
    1. Two (2) Business Days from the Acceptance Date for the Initial Term.
    2. Cancellation prior to the renewal date (Clause 10 / 11).
  • Upon cancellation, we will provide you with your website design and website content in a downloadable format (if applicable).

    When we have a right to cancel / terminate our Services under the Contract that we form?

  • We may terminate all or part of the Contract with immediate effect in line with our General T's & C's.
  • We may withdraw or change any service detailed on this website at any time without notice. Where we do so, we will honour any Contract for those Services which has been formed prior to the date of the withdrawal.

    Who owns the website - Intellectual Property Rights

  • You will retain all Intellectual Property Rights owned or licensed by you which are provided to us as part of the website content and website design.
  • We will retain all Intellectual Property Rights owned or licensed by us which are made available to you or used or developed by us in the course of the provision by us of our Services.

    Your responsibilities / obligations

  • We will require you to provide the following:
    1. To provide us with your logo and branding files in a suitable format.
    2. To provide us with your feedback on the initial website designs we submit for your review within 5 business days from the date of our communication request for feedback.
    3. To provide us with the content (website wording) within 5 business days from the date of request if you require us to enter the content for your review.
    4. To provide us with any imagery you would like to use. We will use stock photos / iconography in the design that we prepare. If you would like to use other stock photography, you will be required to provide it to us in a usable format.
    5. To leave us feedback on selected review platforms that is fair, reasonable and representative. We will make this request to you.

    You understand the following with respect to our Services

  • You understand and accept the following:
    1. Our Services do not include designing and preparing a logo or any other branding (business cards / letterheads) (unless otherwise agreed)
    2. Our Services do not include designing or creating iconography / graphics / images / flow charts / process diagrams. We use stock websites to download royalty free images and icons for use within the website design we create. We will make changes to the downloaded files where required.
    3. Our Services do not include designing advertising banners (including social media based on your website design.
    4. Our Services do not include writing or reviewing website content. If provided in a timely manner, we will enter it and format it accordingly.
    5. Our Services do not include providing you with access details (root, control panel or FTP access) to the server where your website is hosted as we will fully manage the server and maintain your website under this Contract.
    6. You warrant that you have the right to use the website content and that it complies with all applicable laws.
    7. You understand that this is a 12 month Contract.
    8. You understand that you will be able to manage the website and its content after our short training.
    9. If you have selected to pay annually, we will ask you to pay the charges on an annual basis in advance. Failure to pay will result in the Services being suspended.
    10. If you have selected to pay monthly, we will ask you to pay in 12 monthly instalments starting with the first instalment shall be made on the original date of sale and each subsequent monthly instalment shall be paid on the corresponding day thereof which may not be amended. Failure to pay a monthly charge will result in the website and all Services being suspended and the full outstanding balance of the remaining months will become due and payable immediately. Outstanding Charges will be passed to our collection agency.
    11. Failure to pay will accrue interest in line with our General T's & C's and the debt will be passed to a collection agency.

Our FAQ's within the Help Centre also reiterate what we have written here.