1.1 These Terms and Conditions ("Terms") constitute a legally binding agreement between the client ("Client", "you", or "your") and DigitalPod ("Developer", "we", "us", or "our").
1.2 By requesting a quotation or engaging our services, you acknowledge that you have read, understood, and accepted these Terms in their entirety.
1.3 These Terms are governed by and construed in accordance with the laws of England (UK), and any disputes shall be subject to the exclusive jurisdiction of the courts of England.
2.1 Deposit and Commencement: A non-refundable deposit of 50% of the total project fee is required to commence any project. Work will only begin after receipt of this deposit.
2.2 Remaining Payment: The remaining 50% of the project fee is due upon completion and approval of the website on our test server, prior to the website going live or any files being provided to the Client.
2.3 Payment Terms: All payments must be made within 14 days of invoice date unless otherwise specified in writing. Late payments may incur interest charges at the rate of 8% per annum above the Bank of England base rate.
2.4 Cancellation and Refunds:
3.1 Content Provision: The Client is responsible for providing all necessary content, including but not limited to text, images, logos, and other materials required for the website in a timely manner.
3.2 Copyright and Intellectual Property: The Client warrants that all materials provided for use in the website (including images, logos, text, videos, and other content) are owned by them or that they have secured proper licenses or permissions to use such materials. We cannot verify ownership of provided materials and shall not be liable for any copyright infringements resulting from the use of Client-provided content.
3.3 Content Accuracy: The Client is responsible for the accuracy and legality of all content provided for the website.
3.4 Timely Review: The Client agrees to review and provide feedback on work in a timely manner. Excessive delays in providing feedback may impact project timelines and potentially incur additional costs.
4.1 Scope of Work: We will provide web design and development services as agreed upon in the written proposal or contract.
4.2 Original Work: For any logos, icons, graphics, or other visual elements created by us, we will make best efforts to ensure originality. However, the Client is advised to conduct their own due diligence regarding the suitability of these elements for their intended use, as we cannot guarantee that independently created work might not inadvertently resemble third-party intellectual property.
4.3 Testing: We will test websites across current major browsers and devices, but cannot guarantee functionality on all browser versions, operating systems, or devices.
4.4 Timeline: While we will make reasonable efforts to meet agreed-upon deadlines, delivery dates are estimates and may be subject to change based on project complexity, Client feedback, and content delivery.
5.1 Cloud Hosting Services: If hosting services are provided as part of our agreement:
5.2 Traffic Limitations:
5.3 Data Backup: While we implement backup procedures, we cannot guarantee against data loss. Clients are advised to maintain their own backups of website content.
5.4 Third-Party Services: Hosting services may utilize third-party providers. We cannot be held responsible for outages or issues stemming from these third-party services.
6.1 Limited Warranty: We warrant that the delivered website will substantially conform to the agreed specifications at the time of delivery.
6.2 Disclaimer of Warranties: Except as explicitly stated in these Terms, all services are provided "as is" without any warranties, express or implied.
6.3 Limitation of Liability:
6.4 Force Majeure: Neither party shall be liable for failure to perform obligations if such failure is a result of events beyond reasonable control, including but not limited to natural disasters, acts of government, power failures, or Internet service provider failures.
7.1 Client Content: The Client retains ownership of all content provided for the website, including text, images, and logos.
7.2 Developer Tools: We retain ownership of all development tools, methods, and processes used to create the website.
7.3 Open Source and Third-Party Components: The Client acknowledges that websites are built using various open-source technologies and third-party libraries, which are subject to their own licenses. The Client cannot claim exclusive ownership of these components.
7.4 Website Ownership: Upon full payment, the Client will own the right to use the finished website. This includes the right to modify or sell the website. However, this does not include ownership of:
7.5 Portfolio Rights: We reserve the right to display and link to the completed website as part of our portfolio and to write about the project for promotional purposes, unless explicitly agreed otherwise in writing.
8.1 Termination by Client: The Client may terminate the agreement at any time, subject to the payment and refund terms outlined in Section 2.4.
8.2 Termination by Developer: We reserve the right to terminate the agreement if:
8.3 Effect of Termination: Upon termination, we shall invoice for all work completed up to the termination date, and the Client shall pay such invoice within 14 days.
9.1 Entire Agreement: These Terms, together with any proposal or contract, constitute the entire agreement between the parties regarding the subject matter.
9.2 Modifications: Any modifications to these Terms must be made in writing and agreed upon by both parties.
9.3 Severability: If any provision of these Terms is found to be unenforceable, the remaining provisions shall remain in full force and effect.
9.4 Non-Waiver: Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
This Privacy Policy explains how we collect, use, and protect information that we gather from our clients in the course of providing web design and development services.
2.1 Client Information: We collect information necessary to provide our services, including but not limited to:
2.2 Technical Information: We may collect technical information related to website development and hosting, including:
3.1 We use the collected information to:
3.2 We will not use client information for purposes beyond those necessary to provide our agreed services without explicit consent.
4.1 We will not share, rent, or sell client information to third parties except in the following circumstances:
4.2 Service Providers: We may engage third-party companies and individuals to facilitate our services (such as hosting providers, payment processors, and email service providers). These third parties have access to personal information only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose.
5.1 We implement appropriate technical and organizational measures to protect client information against unauthorized access, alteration, disclosure, or destruction.
5.2 While we take reasonable steps to secure client information, no method of transmission over the Internet or electronic storage is 100% secure, and we cannot guarantee absolute security.
6.1 We retain client information for as long as necessary to provide our services and as required by law.
6.2 Upon request, we will delete or anonymize client information unless we are legally required to retain certain records.
7.1 Clients have the right to:
7.2 To exercise these rights, clients may contact us using the information provided in Section 9.
8.1 Our websites may use cookies and similar technologies to enhance user experience and collect usage information.
8.2 Clients can control cookie preferences through their browser settings.
9.1 For questions or concerns regarding this Privacy Policy or our data practices, please contact me here
10.1 We may update this Privacy Policy from time to time. We will notify clients of significant changes by posting the new Privacy Policy on our website or by sending a direct notification.
10.2 Continued use of our services after changes to the Privacy Policy constitutes acceptance of the updated terms.
Last Updated: 22 March 2025
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Business Terms | Privacy Policy
