Terms & Conditions
Orders are accepted on condition that the wording complies with current legislation and confirms to the provisions of the British code of Advertising Practice.
Definitions: In this agreement the terms have the following meanings:
(a) “The Client” means any person, company, partnership, organisation or body at whose application, Digital media Solutions Limited agrees to to provide the products and/or services under the terms of the agreement.
(b) “The Agreement” means the contract between Digital media Solutions Limited and the Client to which these conditions will apply.
(c) “The Order Form” mean the digital or printed document completed by the client in order to enter the Agreement.
(d) “Order” is the request by the Client for products and/or services in the order form/agreement
(e) “Completion of site” means 5 days from the site being uploaded to a temporary site on the server of Digital Media Solution s Limited, for approval by the client, without notification from the client that the site is unsatisfactory.
(f) "Deliverables" are the outputs of services to be supplied under the agreement and shall include but are not limited to, all software and written material, including programs, tapes, listings and other programming documentation.
Scope: This agreement shall apply to all goods and/or services ordered by the client from Digital Media Solutions Limited
Payment: An upfront payment of 50% of the total fee is due with order, unless otherwise agreed, in which case payment is due upon completion of site. Whilst any payment due under the agreement remains outstanding, Digital Media Solutions Limited shall be entitled at its sole and absolute discretion to withhold provision of any goods or services it would otherwise be obliged to provide under the agreement. All payments by cheque, bankers draft or money order must be made in pounds sterling. All credit card and debit card transactions will be processed in pounds sterling
Liability: Digital Media Solutions Limited hereby excludes itself, its Employees and or Agents from:- all and any liability for loss or damage caused by any inaccuracy; omission; delay or error, whether the result of negligence or other cause in the production of the web site; All and any liability for loss or damage to clients artwork/photos, supplied for the site. Immaterial whether the loss or damage results from negligence or otherwise.
Third Parties: Digital Media Solutions Limited act in the capacity of an authorised reseller for various complimentary third party products and services. Digital Media Solutions Ltd cannot be held responsible for such goods and services provided by the any third party.
Copyright: Any web page; design or entire site designed by Digital Media Solutions Ltd carries a copyright, and cannot be reproduced without written consent. The placing of an order by the client or other person/Agency on behalf of the client constitutes a guarantee that all necessary authority and permissions have been obtained in respect of the artwork, design and photographs, for use in the advertisement. The Advertiser/customer must indemnify Digital Media Solutions Limited in respect of all actions; proceedings; costs demands and claims arising from any such breach.
Precautions: Advertisements must comply with the Business Advertisements (Disclosure) Order 1997 and the Trade Descriptions Act 1968.
Delivery: on completion of work, the deliverables will be uploaded to the client area of Digital Media Solutions Sever for approval under the terms of the guarantee. Upon written approval by the client, the deliverables will be uploaded to the clients server. Where the clients site is being hosted by a third party, Digital Media Solutions Ltd reserve the right to delay uploading of deliverables until full payment has be received.
Guarantee: In the event that the client is not satisfied with the
design of their site they are entitled to a full refund of the design
fees. Additional charges including but not limited to: stock photography;
electronic commerce software; online transaction processing solutions;
domain name registration; web space; Internet connection provided by third
parties are non refundable.
Refunds: cancellations must be made within 5 days of the client
viewing the completed web site otherwise no refund can be made. Cancellations
made within 5 days, may be subject to a charge, if expenses have been
incurred in respect of additional expenses from third parties including
but not limited to: stock photography; electronic commerce software; online
transaction processing solutions; domain name registration; web space;
Internet connection. Where possible third party products will not be purchased
until the design has been approved. All such cancellations must be in
writing within 3 days of the client viewing the completed web site, otherwise
refunds will not be entertained.
Acceptance of Conditions: The placing of an order will confirm acceptance of the aforementioned conditions. Conditions stipulated on our Order Form shall be regarded as void, if they are in conflict with our conditions.
Law: These conditions and all other express terms of contract shall be governed and construed in accordance with the laws of England.
Severability: In the event any one or more of the provisions of
this Agreement and/or Order Form shall be held to be invalid, illegal
or unenforceable, the remaining provisions of this Agreement and/or Order
Form shall be unimpaired and the Agreement and/or Order Form shall not
be void for this reason alone. Such invalid, illegal or unenforceable
provision shall be replaced by a mutually acceptable valid, legal and
enforceable provision which comes closest to the intention of the
parties underlying the invalid, illegal or unenforceable provision.
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