These terms and conditions are applicable to all projects and services that real5 Digital Limited undertakes.
1. Acceptance.
A copy of these terms and conditions have been supplied along with project proposals and must be agreed upon prior to work commencing. Alternatively, payment of an advance fee, deposit or any payment is an acceptance of our terms and conditions. These terms and conditions are always available upon request.
2. Charges.
Charges for services to be provided by real5 Digital Limited are defined in the ‘proposal’ that the Client receives via email. Quotations are valid for a period of 30 days unless alternate timescales have been agreed beforehand with the Client. real5 Digital Limited reserves the right to alter or decline to provide a quotation after expiry of the valid timescale.
All projects will require an advance payment of the project quotation total before work commences. The remaining balance of the project quotation total will be due upon completion of the work. Unless paid on a monthly recurring invoice.
Charges for web development do not cover the release of Graphic source files, Flash files or Website Source Code; if the Client requires these items, then a separate quotation can be prepared (if required).
Payment for services is due by bank transfer or GoCardless.
3. Client Review.
Digital Marketing
real5 Digital Limited will provide the Client with an opportunity (if required) to review and approve any content for social media, your website, emails, blogs etc, within 2 working days unless agreed otherwise. We will allow up to 2 rounds of amends; any additional amends may be chargeable and the discretion of real5 Digital Ltd.
Web Design
real5 Digital Limited will provide the Client with an opportunity to test the website’s functionality, appearance and content during the design and development process and once they are completed. At the completion of the project, such materials will be deemed accepted and approved unless the Client notifies real5 Digital Limited otherwise within 10 days of the materials being made available to the Client.
4. Schedule and Content Control
All Digital Marketing
We will prioritise and perform the services within the time(s) identified in the Proposal.
In return, the Client agrees to delegate a single individual as the ‘first point of call’ to aid real5 Digital Limited with completing the services satisfactorily and expediently.
The client agrees to review deliverables within the time identified for such reviews and to promptly either (i) approve the deliverables in writing or (ii) provide written comments and/or corrections sufficient to identify the client’s concerns, objections or corrections.
During the project, real5 Digital Limited will be entitled to request written clarification of any concern, objection or correction. The client acknowledges and agrees that the ability to meet any and all schedules is entirely dependent upon the client’s prompt performance of its obligations to provide materials and written approvals and/or instructions pursuant to the proposal and that any delays in the client’s performance or changes in the Services or deliverables requested by Client may delay delivery of the deliverables. Any such delay caused by the Client shall not constitute a breach of any term, condition or obligations under this Agreement.
Web Design
In the majority of projects, real5 Digital Limited will deliver the Client’s Website by the date specified in the project proposal. If no such date is specified, the timescale shall be within 180 days of the date initial payment is received from the Client, unless a delay is specifically requested by the Client and agreed by real5 Digital Limited. An alternate timescale can be agreed upon during the initial project discussion.
In return, the Client agrees to delegate a single individual as the ‘first point of call’ to aid real5 Digital Limited with completing the project in a satisfactory and expedient manner.
During the project, real5 Digital Limited will require the Client to provide copy and images. If the content is not provided within 4 weeks of an official request by email then real5 Digital Limited reserves the right to advise the Client of a revision to the final payment fee based on new or revised pricing schedules that may be introduced from time to time. If the content is not provided within 8 weeks from the original email request then the Client is considered to be in default of the project, the project will be terminated and the Client sent the final invoice for immediate payment. real5 Digital Limited will agree at its discretion to recommence the project after an agreement is reached on a new quotation document and once the original fees have been paid.
5. Payment.
Invoices will be provided by real5 Digital Limited for Marketing, Web Development and any associated services. Invoices are sent via email using XERO. Invoices are due within 14 days of receipt after which a reminder will be sent to the Client. If the invoice has not been settled after 30 days, then real5 Digital Limited will consider the account to be in default.
6. Default.
If the Client in default has any information or files on real5 Digital Limited web space, real5 Digital Limited can at its discretion, remove all such material from its web space. real5 Digital Limited 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 assessed to the Client’s account. Clients with accounts in default agree to pay real5 Digital Limited reasonable expenses, including legal fees and costs for collection by third-party agencies, incurred by real5 Digital Limited in enforcing these terms and conditions.
7. Termination.
We ask for a minimum term for all our agreements. However, if all parties agree, the Client must request termination of the project/service(‘s) in writing, and 30 days notice must be given. Telephone requests for termination of services will not be honoured unless confirmed in an e-mail. The Client will be invoiced for any work completed to the date of first notice of cancellation for payment in full within fourteen (14) days. All clients should send their confirmation of cancellation to the following email: stacey@real5digital.com
8. Copyright.
The Client retains the copyright to data, files and graphic logos provided by the Client and grants real5 Digital Limited 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 real5 Digital Limited permission and rights for use of the same and agrees to indemnify and hold harmless real5 Digital Limited from any and all claims resulting from the Client’s negligence or inability to obtain the correct or the required copyright permissions. A customer agreement for website design and/or other services shall be regarded as a guarantee by the Client to real5 Digital Limited that all such permissions and authorities have been obtained. Evidence of permissions and authorities may be requested.
9. Media Delivery Requirements.
Unless otherwise specified in the project quotation, this Agreement assumes that any text will be provided by the Client in an electronic format (ASCII text files delivered via e-mail, CD-ROM, DVD, or FTP) and that all photographs and other graphics will be provided physically in high-quality print suitable for scanning or electronically in .ai, .jpeg, .png or .tiff format. The specific requirements will be discussed and agreed upon with the Client prior to the commencement of the project. Although every reasonable attempt shall be made by real5 Digital Limited to return to the Client any images or printed material provided for use in the creation of the Client’s Website, such return cannot be guaranteed.
10. Access Requirements.
If the Client’s Website is to be installed on a third-party server, real5 Digital Limited must be granted temporary read/write access to the Client’s storage directories and those directories must be accessible via FTP. Depending on the specific nature of the project, other resources might also need to be configured on the server.
11. Post Project Alterations.
real5 Digital Limited cannot accept responsibility for any alterations caused by the Client or a third party. Such alterations include, but are not limited to additions, modifications or deletions. real5 Digital Limited may require a one-off payment before resolving any issues that may arise.
12. Third-Party Services.
real5 Digital Limited may require the usage of third-party services – for example, credit card processing – to complete the Client’s project requirements and will ensure these services are integrated into the project and working correctly upon completion. real5 Digital Limited cannot be held responsible for subsequent changes or issues with these third-party services that may result in issues on the Client’s website and may require a one-off payment before resolving any problems that may arise.
13. Domain Names.
real5 Digital Limited may purchase domain names on behalf of the Client, in which case they will then be renewed on an annual basis and the Client will be invoiced by real5 Digital Limited. For .com, .org and .net domains, reminder emails will be sent out to the Client before the domain expires. Domains ending in .co.uk are automatically renewed. In this case, the Client must notify real5 Digital Limited that they do not wish to keep the domain 30 days before the expiration date. real5 Digital Limited cannot accept responsibility for the loss or cancellation of a domain name, brought about by none or late payment. The Client should keep a record of the due dates for payment to ensure that payment is received in good time.
14. General.
These terms and conditions supersede all previous representations, understandings or agreements. The Client’s signature or payment of an advance fee constitutes agreement to and acceptance of these terms and conditions. Any form of payment is an acceptance of our terms and conditions.
15. Governing Law.
This Agreement shall be governed by English Law.
