TERMS & CONDITIONS

The following terms and conditions apply to all services provided by NEDC to the Client.

  1. Definitions
    • "NEDC" means the supplier (North East Digital Consultants)
    • "Client" means the person being supplied services (i.e. you.)
  2. Acceptance
    • It is not necessary for any Client to have signed an acceptance of these terms and conditions for them to apply.
    • If a Client accepts a quote then the Client will be deemed to have satisfied themselves as to the terms applying and have accepted these terms and conditions in full.
    • Please read these terms and conditions carefully. Any purchase or use of our services implies that you have read and accepted our terms and conditions.
  3. Charges
    • Charges for services to be provided by NEDC are defined in the project quotation that the Client receives via e-mail. Quotations are valid for a period of 30 days. NEDC reserves the right to alter or decline to provide a quotation after expiry of the 30 days.
    • Unless agreed otherwise with the Client, all website design services require an advance payment of a minimum of thirty three (33) percent of the project quotation total before the work is supplied to the Client for review. A second charge of thirty three (33) percent is required after the development stage, with the remaining thirty three (33) percent of the project quotation total due upon completion of the work, prior to upload to the server or release of materials.
    • Payment for services is due by bank transfer, details of which will be supplied at the time of invoice.
    • Services provided by NEDC to the Client are billable. This includes meetings, planning, project management, communication, strategy and consultancy in addition to all other services. NEDC will always attempt to make the Client aware before they incurr charges, but the Client should expect to be charges for any time NEDC spend providing professional services.
    • NEDC charges block of time in 0.25 hour increments and tracks all work electronically in order to be accurate for our clients.
  4. Client Review
    • NEDC will provide the Client with an opportunity to review the appearance and content of the website during the design phase and once the overall website development is completed. At the completion of the project, such materials will be deemed to be accepted and approved unless the Client notifies NEDC otherwise within ten (10) days of the date the materials are made available to the Client.
  5. Turnaround Time and Content Control
    • NEDC will deploy or supply the Client's website by the date specified in the project proposal, or at a date agreed with the Client upon NEDC receiving initial payment, unless a delay is specifically requested by the Client and agreed by NEDC.
    • In return, the Client agrees to delegate a single individual as a primary contact to aid NEDC with progressing the commission in a satisfactory and expedient manner.
    • During the project, NEDC will require the Client to provide website content; text, images, movies and sound files according to agreed milestones.
  6. Failure to provide required website content:
    NEDC is a small business, to remain efficient we must ensure that work we have programmed is carried out at the scheduled time. On occasions we may have to reject offers for other work and enquiries to ensure that your work is completed at the time arranged.

    This is why we ask that you provide all the required information in advance. On any occasion where progress cannot be made with your website because we have not been given the required information in the agreed time frame, and we are delayed as result, we reserve the right to impose a surcharge of up to 25%. If your project involves Search Engine Optimisation we need the text content for your site in advance so that the SEO can be planned and completed efficiently.

    If you agree to provide us with the required information and subsequently fail to do so prior to project commencement we reserve the right to close or reschedule the project and the balance remaining becomes payable immediately. Simply put, all the above condition says is do not give us the go ahead to start until you are ready to do so.

    NOTE: Text content should be delivered as a Microsoft Word, email (or similar) document with the pages in the supplied document representing the content of the relevant pages on your website. These pages should have the same titles as the agreed website pages. Contact us if you need clarification on this.

    Using our content management system you are able to keep your content up to date your self (if applicable to your solution).
  7. Payment
    • Invoices will be provided by NEDC upon completion but before publishing the website (deployment).
    • Invoices are normally sent via email; however, the Client may choose to receive hard copy invoices.
    • Invoices are due upon receipt.
    • Accounts that remain unpaid thirty (30) days after the date of the invoice will be subject to a service charge in the amount of the higher of one and one-half percent (1.5%) or £30 per month of the total amount due.
  8. Additional Expenses
    • The Client agrees to reimburse NEDC for any additional expenses necessary for the completion of the work. Examples would be purchase of special fonts, stock photography etc.
  9. Web Browsers
    • NEDC makes every effort to ensure websites are designed to be viewed by the majority of visitors. Websites are designed to work with the most popular current browsers (e.g. Firefox, Internet Explorer, Google Chrome, etc.). The Client agrees that NEDC cannot guarantee correct functionality with all browser software across different operating systems.
    • NEDC cannot accept responsibility for web pages which do not display acceptably in new versions of browsers released after the website has been deployed and handed over to the Client. As such, NEDC reserves the right to quote for any work involved in changing the website design or website code for it to work with updated browser software.
  10. Default
    • Accounts unpaid thirty (30) days after the date of invoice will be considered in default. If the Client in default maintains any information or files on NEDC's Web space, NEDC will, at its discretion, remove all such material from its web space. NEDC is not responsible for any loss of data incurred due to the removal of the service. Removal of such material does not relieve the Client of the obligation to pay any outstanding charges outstanding on the Client's account. Cheques returned for insufficient funds will be assessed a return charge of £25 and the Client's account will immediately be considered to be in default until full payment is received. Clients with accounts in default agree to pay NEDC reasonable expenses, including legal fees and costs for collection by third-party agencies, incurred by NEDC in enforcing these Terms and Conditions.
  11. Termination
    • Termination of services by the Client must be requested in a written notice and will be effective on receipt of such notice. E-mail or telephone requests for termination of services will not be honoured until and unless confirmed in writing. The Client will be invoiced for design work completed to the date of first notice of cancellation for payment in full within thirty (30) days.
  12. Indemnity
    • All NEDC services may be used for lawful purposes only. You agree to indemnify and hold NEDC harmless from any claims resulting from your use of our service that damages you or any other party.
  13. Copyright
    • The Client retains the copyright to data, files and graphic logos provided by the Client, and grants NEDC the rights to publish and use such material. The Client must obtain permission and rights to use any information or files that are copyrighted by a third party. The Client is further responsible for granting NEDC permission and rights for use of the same and agrees to indemnify and hold harmless NEDC from any and all claims resulting from the Client's negligence or inability to obtain proper copyright permissions. A contract for website design and/or placement shall be regarded as a guarantee by the Client to NEDC that all such permissions and authorities have been obtained. Evidence of permissions and authorities may be requested.
  14. Standard Media Delivery
    • Unless otherwise specified in the project quotation, this Agreement assumes that any text will be provided by the Client in electronic format (ASCII text files delivered on floppy disk or via e-mail or FTP) and that all photographs and other graphics will be provided electronically in a suitable format (Plase ask for details of suitable formats if you are unsure.)
    • Although every reasonable attempt shall be made by NEDC to return to the Client any images or printed material provided for use in creation of the Client's website, such return cannot be guaranteed.
  15. Access Requirements
    • If the Client's website is to be installed on a third-party server, NEDC must be granted temporary read/write access to the Client's storage directories which must be accessible via FTP. Depending on the specific nature of the project, other resources might also need to be configured on the server.
  16. Post-Placement Alterations
    • NEDC cannot accept responsibility for any alterations caused by a third party occurring to the Client's pages once installed. Such alterations include, but are not limited to additions, modifications or deletions.
  17. Domain Names
    • NEDC may purchase domain names on behalf of the Client.
    • Payment and renewal of those domain names is the responsibility of the Client.
    • The loss, cancellation or otherwise of the domain brought about by non or late payment is not the responsibility of NEDC.
    • The Client should keep a record of the due dates for payment to ensure that payment is received in good time.
    • In the event that the Client terminates services provided by NEDC, and administration fee will be applied for the transfer of any domains names held. Contact info@nedc.co.uk for specific details of these fees.
  18. General
    • These Terms and Conditions supersede all previous representations, understandings or agreements. The Client's payment of an advance fee, or acceptance of proposal of work constitutes agreement to and acceptance of these Terms and Conditions.
    • Payment online is an acceptance of our terms and conditions.
  19. Governing Law
    • This Agreement shall be governed by English Law.
  20. Liability
    NEDC hereby excludes itself, its Employees and or Agents from all and any liability from:
    • Loss or damage caused by any inaccuracy;
    • Loss or damage caused by omission;
    • Loss or damage caused by delay or error, whether the result of negligence or other cause in the production of the web site;
    • Loss or damage to clients' artwork/photos, supplied for the site. Immaterial whether the loss or damage results from negligence or otherwise.
    The entire liability of NEDC to the Client in respect of any claim whatsoever or breach of this Agreement, whether or not arising out of negligence, shall be limited to the charges paid for the Services under this Agreement in respect of which the breach has arisen.
  21. Severability
    • In the event any one or more of the provisions of this Agreement shall be held to be invalid, illegal or unenforceable, the remaining provisions of this Agreement shall be unimpaired and the Agreement 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,