- Definition of our terminology as used within this document:
A Project is any work undertaken or service provided by Design Think LTD for the client on their request and as described in our confirmation order email to that client.
A Client is a person, persons, business or organisation using any of the services provided by Design Think LTD .
Domain is the website address as specified by the client.
Hosting is a yearly cost to keep a clients website activated online.
Content is both text and images that the client requires on the website.
Live website will be from the date the website is available to the clients.
Agreed Keywords is the keywords or keyphrases agreed for the SEO services.
Major Search Engine include Google, MSN, Bing, Yahoo.
The Payment Period shall be the time allowed by Design Think LTD for receipt of all money owed to Design Think LTD by the client.
Open Source Software is software made freely available to anyone under the GNU General Public License (GPL).
1.0 Design Think LTD shall expect the client to carry out sufficient research before proceeding with a website. This will include checking that the website / idea / business will operate legally within UK law. It is important that the website is not in anyway illegal.
1.1 The works to be carried out shall be as set out in the Design Think LTD confirmation order email.
1.2 Design Think LTD will only commence work on a project after receipt of the agreed deposit payment of the quoted project fee from the client. The final payment is to be made on completion of the website. The website will be switched to live once the clients remaining balance is paid in full.
1.3 Design Think LTD reserve the right to decide whether a refund is applicable if requested by the client for any reason. A refund is not guaranteed by Design Think LTD.
2.0 Where images used on the website have been purchased by Design Think LTD on behalf of the client, these images are strictly for use on the website only. Design Think LTD are not liable for misuse of these images by the client or any other person/s copying, altering or distributing the images to individuals or other organisations.
3.0 Design Think LTD will host the website if the client requires us to do so and on receipt of full payment of our hosting fees. In doing so we will endeavour to provide a reliable and professional service to the client at all times but do not guarantee that the website hosting will be available at all times, especially in the event of a technical failure beyond our control.
4.0 Design Think LTD cannot be held responsible for anything adversely affecting the client is business operation, sales, or profitability that they might claim is a result of a service offered by Design Think LTD .
5.0 Where we have been asked to provide search engine optimisation for a client, we do not guarantee any specific placement or high ranking on search engines.
5.1 Design Think LTD will use reasonable endeavours to ensure that page(s) from the clients website are ranked within the 1st [first] page results in at least
1 [one] Major Search Engine for searches made using:
- a) the Agreed Keywords
- b) variations of the Agreed Keywords
- c) other keywords an key phrases relating to the website
5.2 Search Engine Optimisation services shall commence on the commencement date and shall remain in force from year to year thereafter, unless and until terminated by either party giving 1 [one] months notice expiring any time after. The initial terms unless otherwise agreed in writing is 1 [one] year.
5.3 Design Think LTD guarantee the clients website will appear in at least 1 [one] major search engine for at least 1 [one] of the agreed keywords or key phrases, subject always to clause 5.4.
5.4 The guarantees in clause 5.3 are limited as follows:
- a) where clients have failed to implement within 7 working days any recommendations of Creative ideaz UK Ltd, all guarantees will cease to apply;
- b) where any changes made by Design Think LTD to a clients website are altered, reverted or deleted, all guarantees will cease to apply;
- c) where clients redesign the website (in whole or in part), all guarantees will cease to apply;
5.5 Any changes to the clients website made by the client or on the recommendation of Design Think LTD that are altered, reverted or deleted must be notified to Design Think LTD immediately, the client may be charged an hourly rate in order to restore these changes with a minimum charge of £50.
5.6 Where Design Think LTD fails to achieve a 1st [first] page ranking in at least 1 [one] major search engine for at least 1 [one] of the agreed keywords or key phrases within the initial term of the contract, clients may within 30 days after the initial terms completion claim a full refund of all amounts paid by the client under the search engine agreement. Design Think LTD will pay such a refund within 60 days following receipt of the clients notice.
6.0 Design Think LTD will provide the client with an expected project completion date if requested. We will endeavour to meet any given deadline but we do not guarantee and are not bound in any way to complete the project by this date.
7.0 It is the clients responsibility to check with Design Think LTD that open source software is being used or not.
7.1 We do not charge customers for open source software. If there is a charge for a website using open source software, you are paying for the installation time. Open source software is not owned by Design Think LTD or our client.
7.2 Design Think LTD own all design and code of the website until all payments has been received in full. Design Think LTD reserve ownership of all bespoke coding unless otherwise given in writing at an additional fee. Design Think LTD may use the same bespoke code again on other websites and may encrypt bespoke coding in order to protect intellectual property rights.
8.0 All images displayed on the client is website will only be used after authorisation by the client and are the sole responsibility of the client regarding usage and copyright. Should any legal issues or claims arise from the content or copyright of any images supplied by the client OR Design Think LTD , they will be the sole responsibility of the client.
9.0 Domain names will be registered by Design Think LTD and the client is the legal owner of the domain and if they request to have details changed or the domain transferred elsewhere, Design Think LTD will do this within reasonable time.
9.1 It is the responsibility of the client to renew their domain names when due. If a domain name expires, Design Think LTD can not be held liable for this. However, Design Think LTD will make reasonable effort to contact the client regarding domain renewal.
10.0 Renewal of “hosting” is due on a yearly basis. The date of renewal will be annually from the date the website was ordered by the client. The “hosting” will not be renewed if we cannot contact the customer or the customer requests for us to not host this site.
10.1 The hosting renewal charge must be received within 30 days of the hosting expiry date. We reserve the right to deactivate any website where the hosting has expired and the client has not paid the renewal charge. There will be an admin fee set by Design Think LTD for reactivating the website / hosting.
10.2 If the client does not use Design Think LTD hosting services then the management and hosting of the domain name are the full responsibility of the client.
11.0 Design Think LTD has no control of, or responsibility for, the content of our client is web sites. In no way does the textual or image based content of our client is web sites constitute Design Think LTD endorsement, or approval of the web site or the material contained within the web site.
11.1 Design Think LTD has not verified any of the materials, images or information contained within our client is web sites and is not responsible for the content or performance of these sites or for the client is transactions with them. Design Think LTD provides links or references to our client is websites solely for the convenience of prospective customers and intends that the links it provides be current and accurate, but we do not guarantee or warrant that such links will point to the intended client site at all times.
12.0 Design Think LTD are not liable for loss, damage or corruption to files or information stored on our servers or individual PC is relating to a client is website. The client is solely responsible for any information or files relating to their website. We are not liable for any events outside of our control (“Force Majeure”). A “Force Majeure Event” means an event, or a series of related events, that is outside the reasonable control of the party affected (including [failures of or problems with the internet or a part of the internet, hacker attacks, virus or other malicious software attacks or infections,] power failures, industrial disputes affecting any third party, changes to the law, disasters, explosions, fires, floods, riots, terrorist attacks and wars). Design Think LTD have the right to charge for work required as a result of a “Force Majeure” event.
13.0 If a domain name is purchased by the client through a company other Design Think LTD, the client has full responsibility in making sure that the domain name is renewed when due. Design Think LTD will not renew the domain name when annual hosting renewal is due if the domain name is purchased through a company other than Design Think LTD.
14.0 Reporting Abuse & Complaints: You can report any abuse or complaints from a domain registered through Design Think LTD to info@designthink.co.uk.co.uk. Design Think LTD aim to respond to queries within 3-5 working days.
15.0 Expiry Notice: Design Think LTD will issue an invoice 30 days prior to a Clients domain name expiring. If the Client does not pay the renewal charges the domain name will not be automatically renewed on behalf of the client.