Digital Image - Summary Terms of Business
"Digital Image" means us, Digital Image Ltd., the providers of bespoke Web and Multimedia consultancy, creative, programming and Web-based services.
"Materials" means textual information, graphics, animation, sound, video and any other materials (in whatever form).
"Client" means you or your company, the commissioner and/or user of the Website or Multimedia programming.
"Website" means an Internet site written for you by Digital Image and published on the World Wide Web, to which these conditions apply.
"Service" means the provision of Web-based computer software or services accessed via the Internet.
"Website Materials" means the materials used in the Website.
"Project" means pre-defined consultancy or Web-based service that the Client commissions Digital Image to perform.
"You" and "Your" means the User.
a) Payment. Payment of invoices will be due within 14 days. One third of the total project cost is normally payable prior to commencement, with a further third payable at the halfway stage of the project, this point to be agreed at the outset. The remainder is due on project completion.
b) Cancellation. If the project is cancelled by the Client for whatever reason, Digital Image reserves the right to charge for work done and expenses incurred up to the cancellation date. In addition a cancellation fee of 33% of the contract value or the remaining uncompleted value of the contract (if less) shall be payable to Digital Image.
c) Loss and/or damages. The Client undertakes to test the completed project thoroughly to ensure that it meets the specification and Your needs. Digital Image will not be liable for any loss or damages, consequential or otherwise, caused by the use of the project. The Client shall indemnify Digital Image from any consequential loss or damage howsoever caused.
d) Force Majeur. The staff and Directors of Digital Image shall use their best endeavours to discharge their obligations and complete projects on time and to budget. However, the staff and Directors shall not be held responsible for events or circumstances beyond their reasonable control.
e) Materials & Testing. The Client will provide any necessary original artwork, house fonts, graphics styles etc, as required. Timescales agreed assume prompt access is available to Client staff for discussions, meetings and consultation on policy and detail matters. The Client will undertake to test the project thoroughly within 10 working days of completion and notify Digital Image of any defects which will then be rectified, whereupon the outstanding fees shall be payable.
f) Copyright. The Client shall retain the copyright in all visual materials created by Digital Image specifically for the Client and such material will not be used elsewhere without the Client's permission. If required all digital materials (graphics, animations etc) can be stored at Digital Image for a small annual charge. Digital Image retains copyright to its own solutions and may grant Clients a non-exclusive non-transferrable licence to use software in conjunction with a project.
g) Secrecy. Digital Image expects to be bound by a Client's confidentiality agreement, the terms of which they are happy to review.
* Full written terms and conditions of business are available on request.
© 2009, Digital Image Ltd.