Terms & Conditions

Please see the details below for the terms & conditions of the DigitalPod design service.

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DigitalPod Terms

The copyright to the following information belongs to DigitalPod – © 2014. Any text taken, copied or used in any way would be considered as breaking this copyright law and may result in legal prosecution. Routine searches through search engines are conducted to find any websites that may have taken any part of the following text.

Terms & Conditions

The following terms & conditions will apply to all projects for the provision of services by DigitalPod and will supersede any other documentation or communication. There will not be any variation to these terms and conditions unless agreed in writing by DigitalPod. The following terms & conditions will not affect an individuals statutory rights as a Consumer. DigitalPod reserves the right to refuse any order or request for services without providing a reason. These terms & conditions shall be construed in accordance with the Law of England.

Acceptance of Terms

Your access to and use of this website (www.DigitalPod.co.uk) is subject exclusively to these terms and conditions. You will not use the Website for any purpose that is unlawful or prohibited by these terms and conditions. By using this Website you are fully accepting the terms, conditions and disclaimers contained in this notice. If you do not accept these Terms and Conditions you must immediately stop using this Website (www.digitalpod.co.uk).

Copyright

DigitalPod strictly reserves all rights to all text, images, graphics, logos, examples of designs and all content on this website. ©2014 DigitalPod.

Any content including all text, images, graphics, logos, portfolio examples that are taken, copied or used by another individual or business in any way would be considered as breaking this copyright law and may result in legal prosecution. Routine searches through search engines are conducted to find any websites that may have taken any content from this website.

Limitation of Liability

DigitalPod will not be held responsible for any loss or damage sustained by the client as a result of the use of materials supplied by DigitalPod. All works created by DigitalPod will be considered approved for use by the client prior to being employed for use in any way. The maximum liability of DigitalPod under any circumstances shall not exceed the paid amounts relating to any respective order.

Severance

If any term or provision of these terms & conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these terms & conditions had been agreed with the invalid illegal or unenforceable provision eliminated.

Changes to Terms & Conditions

DigitalPod reserves the right to change these terms & conditions at any time. If an order has already been placed before the new terms and conditions are presented then the terms and conditions that were presented at the time of a client placing an order will be the terms and conditions that apply to that order. Any orders placed after the new terms and conditions have been presented will be subject to the latest terms and conditions.

Disclaimer

Samples featured in any of DigitalPod’s online portfolios are selected to show a diversity of styles and may not represent the final version of any given design as selected by our clients.

Certain logos are featured on this website that are intended to represent the company to which they refer and may not directly represent our own work. For example payment icons, logos presented for services used by DigitalPod and company logos used within graphic or website design projects that may have been created by another designer.

DigitalPod reserves the right to change or remove (temporarily or permanently) this Website or any part of it without notice. DigitalPod shall not be liable to an individual, business or company for any such change or removal.

Orders

For online orders / orders of design packages, details and specifications of the service will be displayed prior to placement of the order. The Client is requested to review these specifications to ensure that all details, fees, payment and any other terms are acceptable.

For bespoke quotations and orders placed over the telephone clients are expected to review the quotation and these business terms to better understand what is included with the service. Clients should ask if there is anything they are unsure about with regards to what is included with the service.

Copyright For Logos Created For Clients

On DigitalPod receiving the final payment for a logo design in full the copyright to the design is automatically transferred to the client.

DigitalPod retains the right to display logos created in an online or paper based portfolio.

All work supplied by DigitalPod is believed to constitute original work, and is prepared in good faith that it does not infringe the rights of any other party. DigitalPod cannot provide an absolute guarantee that any specific works do not infringe upon existing third-party rights, inadvertently, by coincidence or otherwise. DigitalPod is unable to guarantee that any work supplied to the client is suitable for any particular purpose and would strongly recommend that the client conduct relevant research prior to the approval or use of any prepared work.

All preliminary work and materials produced by DigitalPod for the purposes of developing any work remain the sole property of DigitalPod (excluding any incorporated materials supplied by the client).

Any unauthorised usage of copyrighted materials created by DigitalPod will be actively pursued through legal channels.

By approving any final work whether verbally or in writing, the Client assumes all responsibility for the subsequent usage of the chosen work.

DigitalPod retains the right to re-use any original material that does not form part of any final approved work.

Examples of work

DigitalPod may wish to use examples of developmental or final completed work prepared for the Client as a part of our future marketing materials. DigitalPod may also wish to use relevant sections of correspondence attributed to the Client as reference or testimonial material. If the client provides in writing a request for such examples of work or correspondence not to be used, DigitalPod will acknowledge the client’s request and refrain from using the material. If the material has already been printed or presented on the internet in some form then DigitalPod reserves the right not to acknowledge the client’s request.

Time To Deliver Artwork

As DigitalPod offer unlimited revisions on logos and stationery there can be no set time frame in which to deliver. DigitalPod will however deliver the first logo concepts within 14 days or provide a refund and the project be cancelled. DigitalPod does aim to provide the initial visual for logo design concepts within 4 business days but this is not guaranteed.

For other projects such as website design projects or graphic design projects initial visuals will be provided within 14 days or a refund will be provided and the project cancelled. No fixed time limit can be applied to website design or graphic design projects though due to an unknown amount of required amendments to a design or website.

Refunds

If a Client asks for a refund then a refund will be provided unless work has already begun on a project. Refunds will not be provided if the amount of studio time already spent on a project (charged at £35 per hour) exceeds the costs of any payments made. DigitalPod may, at its discretion, offer a full or partial refund to the Client under certain circumstances where no formal right to refund exists.

Termination of order

The client is allowed to terminate the order, however, time spent upon a client’s order will still be collectable by DigitalPod.

Explanations of Terminology Used:

Logo Concepts

A logo concept is definable as a logo design featuring one or more of the following:

Typography, Symbol, Icon, Illustration

The client has the right to ask for logo design concepts once an order has been placed and a deposit payment of a minimum of £150 has been paid.

DigitalPod will create further logo concepts but may refuse to provide further logo concepts if more than 20 hours of studio time has been spent on a project. All design concepts will relate to one name specified by the client.

Client

A client is the individual, business or company that has requested any work to be provided by DigitalPod.

Unlimited Revisions For Logo & Stationery Design Projects

DigitalPod provide unlimited revisions for logo and stationery design projects. An unlimited number of revisions may be requested by a client and these revisions will be provided unless the total amount of time spent on a logo design or stationery design project exceeds 20 hours of studio time.

If a client requests further logo design concepts DigitalPod will usually provide these unless a total amount of studio time exceeds 20 hours of studio time, at which point DigitalPod reserves the right to refuse to provide further logo design concepts.

The client is expected to provide clear and detailed feedback on any logo design concepts when requesting further changes to allow DigitalPod to work efficiently on the development of the client’s logo or stationery.

DigitalPod encourages the client to take as much time as they need to deliver accurate feedback on a design. If DigitalPod are unable to contact the client and the client does not contact DigitalPod, then the order will expire after 37 days of no contact between the two parties.

Acceptance of a final work whether verbal or in writing shall be deemed to represent the final stage of the work process. Any subsequent work requested by the client in relation to the order may be separately chargeable at the discretion of DigitalPod. In this circumstance any further fees will be advised to the Client in advance of the work being undertaken.

Websites

Hosting

Website hosting can be provided to clients who require it. Standard Hosting for a website costs £100 per year but the first year of hosting may be offered to a client free of charge if this is included within a package or quotation.

If a client fails to pay for website hosting when asked by DigitalPod the hosting account will expire and the hosting will be cancelled.

DigitalPod will not be held responsible for any loss or damage sustained by the client as a result of a website being hosted as part of the service provided by DigitalPod.

Domain Registration

Domains for use with a website can be registered by DigitalPod for clients who require this.

The cost of one .com or .co.uk domain name is usually included within the hosting costs listed above but if a client requires more than one domain or requires a domain name other than a .com or .co.uk domain then these will be charged at an additional amount for which the client will receive a quotation for.

DigitalPod will not be held responsible for any loss or damage sustained by the client as a result of a domain being registered as part of the service provided by DigitalPod.

Amendments To Websites

If a client has ordered a content management (CMS) website then they will be able to make certain changes themselves to a website. If a client has not ordered a CMS website or requires changes to additional areas of a website that they need assistance with, such changes can be made at an additional cost. A quotation for this work will be provided to the client before any work is completed.

Damaged Websites

If a website provided by DigitalPod fails or is damaged for any reason including technology fails, website hacks or viruses then DigitalPod will attempt to resolve the issue for a client. No guarantee can be offered for repairing a damaged website though as the extent of the damage may be too great to resolve in extreme cases.

DigitalPod does keep multiple backups of all websites to help resolve any issues with a damaged website but restoring backups can result in a loss of data in the form of pages or elements of a website created after the date of the creation of the most recent backup.

Updates To CMS Platforms

If a client wishes to update a particular CMS platform such as WordPress, Joomla!, etc this can be provided but if a website fails due to a website being incompatible with a newer version of a CMS platform then restoring an older version of a CMS platform may be the only resolve unless a client is willing to pay for additional developments to a website to allow compatibility between a website and a newer CMS platform.

Access To Clients Accounts

In certain situations clients may provide account details to DigitalPod so that we may access a domain name or hosting account. This information will be treated as confidential. Clients should change any passwords provided to us once we have accessed an account for them so as to keep the account as secure as possible.

DigitalPod will not be held responsible for any loss or damage sustained by the client as a result of DigitalPod accessing a clients account as part of the service provided by DigitalPod.

DigitalPod Credit

As the websites we design for clients are our portfolio, we reserve the right to include a credit link back to the DigitalPod.co.uk website from the websites that we design for clients. If clients do not want to show this link we can add an additional ‘website design information’ page to the website and simply link to this page form a sitemap. The link is then only included on 1 page (the website design information page) which is only linked to from the sitemap page. A credit link has to be added to the website so that we can prove to other potential clients that we have designed a particular website.

Email Acccounts

As part of our hosting service the creation of up to 5 email accounts may be included. DigitalPod will create these email accounts and provide setup details for clients but clients may need I.T support if technical issues are encountered with their email software.

DigitalPod will not be held responsible for any loss or damage sustained by the client as a result of DigitalPod providing a clients with any email accounts for personal or business use as part of the service provided by DigitalPod.

SEO (Search Engine Optimisation)

By using the DigitalPod SEO services including any of the SEO packages on this website, the client understands and accepts that no compensation can be made for websites not showing for certain search results within the search engines such as Google. How the search engines display their results is beyond the control of DigitalPod so no compensation can be paid in the event of a search engine no longer showing a particular website for a particular search term.

DigitalPod offers a refund if no improvements can be seen from any of the SEO packages / campaigns. If DigitalPod are unable to show any improvements through statistics / data taken from SEOMoz, Google Analytics, Google Webmaster Tools or recorded website visit statistics then the refund will be provided. The refund on any SEO services cannot exceed more than 3 months worth of SEO. If a client has reordered any of the SEO packages / SEO services a full refund cannot be provided on all previous SEO orders. The refund will only ever apply to a maximum of 1 SEO order not all of the SEO orders combined. So if one SEO order fails to provide search engine improvements then a refund will be provided on that order only and not for any previous orders where improvements in search results had been shown or existed at any time.

The client also understands and accepts that improvements in rankings are in no way guaranteed over any given length of time due to the search engines such as Google changing the way in which they choose to rank website results. DigitalPod has no control over such changes so cannot provide a guarantee on such results.

Thank you for taking the time to read the above terms and conditions.