- First Digital Media Ltd:
All packages provided by First Digital Media Ltd carry a minimum of 30 day cancellation period.
- First Digital Media Ltd:
All content including artwork, photographs, images, fonts and text must be provided within 28 days of the date of this agreement. If this is not received, First Digital Media Ltd reserve the right to source stock images to be used on your behalf.
- First Digital Media Ltd Standard:
All content will be sourced from clients existing website(s) to base the design material on.
The following terms and conditions apply to all website design services offered by First Digital Media Ltd. By ordering services from First Digital Media Ltd you are agreeing to the following Terms and Conditions.
- We reserve the right to refuse to construct a website which we may judge as unfit due to the content or otherwise. This includes, but is not limited to, sites containing adult oriented material such as pornography, sites which promote hatred towards persons belonging to any ethnic group, religion or sexual orientation and sites which infringe copyright or are contrary to UK laws.
- The acceptance of a commission shall be deemed as a contractual agreement between the client and First Digital Media Ltd.
- First Digital Media Ltd cannot always guarantee to start work immediately on a commission but will arrange a date with the client as to when work will commence.
- All material, both text and images supplied by the client and used in the construction of the client’s website, will remain the client’s property. All such material will be assumed to be the property of the client and free to use without fear of breach of copyright laws. First Digital Media Ltd will not be held responsible for any copyright infringements brought against the client for images supplied to First Digital Media Ltd by the client.
- The copyright for all material provided by First Digital Media Ltd, such as HTML code, graphics, photographs and text, will remain the property of First Digital Media Ltd until such time as payment has been made in full whereupon they will become the property of the client where applicable.
- First Digital Media Ltd will make every effort to design pages which display acceptably in the most popular current browsers but cannot accept responsibility for pages which do not display acceptably in new versions of browsers released after pages have been designed.
- First Digital Media Ltd will submit a client’s website to several of the major search engines as part of the design commission. If a client wishes First Digital Media Ltd to promote a website as a separate commission, First Digital Media Ltd will make every reasonable effort to promote the website effectively but cannot guarantee high position’s in the search engine results (except when using Google Adwords which guarantees listing on the first page of results on Google).
- First Digital Media Ltd does not accept responsibility or liability if any search engine, online directory or search site, submitted as part of a website promotion commission, chooses not to list a client’s website.
- First Digital Media Ltd will use existing content from a client’s website(s) to base the information on for the First Digital Media Ltd standard package and will offer a one-hour consultation to discuss content for customers who purchase the First Digital Media Ltd advanced package.
- If during the initial 28 days of the Website Development Cycle a client wishes to cancel, they may do so but will be invoiced an amount that First Digital Media Ltd judges to be proportional to the amount of work completed on the commission.
- If during the Website Development Cycle, the client does not supply the content required in order to complete the commission within a reasonable amount of time, First Digital Media Ltd will consider that the client wishes to cancel the commission and will not be eligible to receive a refund either in full or part.
- First Digital Media Ltd expects any outstanding payment by cheque, credit card or cash within 7 days of the date on the invoice.
- Any payment returned by the bank or credit card company will incur a £25 administration charge. This will be invoiced and will be added to the total outstanding debt owed by the customer.
- First Digital Media Ltd will not be held responsible if the client’s chosen domain name is not available at the time of registration.
- First Digital Media Ltd does not undertake to maintain or update a client’s website as part of the design commission. If a client wishes First Digital Media Ltd to maintain or update a website as a separate commission, First Digital Media Ltd will discuss with the client a maintenance contract appropriate to the amount of work required.
- First Digital Media Ltd reserves the right to alter prices at any time without notice. If a client has commissioned any services from First Digital Media Ltd prior to a change in prices, that commission will not be subject to any increase, but any subsequent commission may be subject to an increase.
- Any images supplied by First Digital Media Ltd in the construction of your website, are to be solely used for the purpose of illustration for the website built and not to be reused for any other forms of advertising, marketing and social media.
- Any design times specified by First Digital Media Ltd are subject to change at any design in the design process.
- FLYER OFFER TERMS – If purchasing a website at the offer price on one of our flyers please note that the offer ends on the 31st January 2020. There is a maximum of eight pages available on this offer and all content, images, logo and colour scheme must be provided by the customer. We are able to offer a logo design service at an additional cost.
- By agreeing to these Terms and Conditions your statutory rights are not affected.
Paid Advertising (Marketing)
These following terms and conditions are in relation to First Digital Media Ltd providing you with a paid advertising management service in relation to any paid advertising accounts and expenditure. Upon accepting these terms you accept that you are binding yourself legally to them.
- From the date we commence work after an initial 3 months trial, the contract will then continue on a monthly basis automatically until notice is given. For this purpose, we assume that each month has exactly 30 days.
- You agree to pay an agreed monthly management fee for First Digital Media Ltd to manage your campaign for a minimum period of three months. The set-up & management fee will be dependent upon the complexity of your campaign and agreed in advance at the proposal stage when our pricing structure will be clear and transparent. First Digital Media Ltd does not receive any commissions from Google.
- Payment for the implementation of your PPC campaign set up & optimisation will be in advance of the campaign being activated and after you have agreed to your proposal and account set up structure. Your monthly management fee will be invoiced 30 days later after work commences of each month by direct debit.
- Notice of cancellation of this agreement shall be deemed valid and accepted by First Digital Media Ltd if received by facsimile, e-mail or post after the initial three month period. Cancellation will be accepted on date of actual receipt by First Digital Media Ltd and will take effect at the end of that current 30 day period for which you will be charged at the normal rate applicable.
- Whether First Digital Media Ltd create you a new Google Adwords account or have dual access to your current Google Adwords account, it is agreed that neither party can change the login details throughout the duration of the contract unless agreed in writing (e-mail, fax and post) by both parties.
- Throughout the duration of the contract you agree that any tools, coding, new keywords and any knowledge gained cannot be used in any other Google Adwords Account you may have, or create yourselves during the term of this contract.
- First Digital Media Ltd agrees that during the contract and after termination of this agreement, all the financial details supplied to us by you for the purpose of our services will be kept confidential.
- You agree that First Digital Media Ltd can monitor your account after cancellation or expiry of agreement to make sure you are not using any tools, coding, new keywords and any knowledge gained for the financial benefit of another third party. If another party takes over your account management First Digital Media Ltd reserves the right to remove any unique techniques implemented in our account structure at the set up stage.
- Each of these terms above are essential to us providing a service to you, our client. If any one of these terms is breached throughout the duration of the contract First Digital Media Ltd reserve the right to terminate the contract with immediate effect.
- We will only take on a maximum of 2 companies in the same business category/area to ensure maximum return.
- If during the campaign a client wishes to cancel, they may do so by giving 7 days notice.
Our company, First Digital Media Ltd, shall not be liable for any of the following types of loss, regardless of whether they are indirect, direct or consequential, or whether you have been notified by us that you would incur any of the following losses:
Financial loss of any kind, including but not limited to business, earnings, loss of profits, reputation, business interruption, goodwill, sales or clients.
Amendment, loss, or corruption of any content or data stored on our Servers.
A third party hosting provider is used for all of the website and email hosting we provide. Whether you have your own hosting in place, or we are hosting your website within our own account with a third party hosting company, we take absolutely no responsibility for the following:
a) website downtime
b) loss of information, assets or content
c) interruptions or loss of email related content or data
d) loss of potential revenue as a result of website downtime
e) any other damages caused as a result of any third-party hosting issue.
First Digital Media Ltd reserves the right to change or modify any of the terms and conditions contained in the Terms and Conditions.