The following terms and conditions apply to all web site design services provided by Different Colour Productions.
Section 1: Definition of terms
The Client – The person or organisation which enters in to a contract agreement with Different Colour Productions.
Different Colour Productions – Web design company providing web development services.
Domain Name – The main address for your website e.g. www.mywebaddress.com
Downtime – The duration for which a website is not accessible via an Internet Web Browser.
Host Provider – The location where your website resides.
Link, URL, Hyperlink – A clickable link located on a website page which may be represented by text or graphics.
Web Browser – An application used to view and develop your website, currently Different Colour Productions develops websites compatible with Internet Explorer and Mozilla Firefox.
Search Engine – A website which is used to find information on a specific subject / interest.
Website – A collection of website pages structured to form a complete website.
Contract – A document stating the terms for a given web project.
Different Colour Productions – Web design company providing web development services.
Domain Name – The main address for your website e.g. www.mywebaddress.com
Downtime – The duration for which a website is not accessible via an Internet Web Browser.
Host Provider – The location where your website resides.
Link, URL, Hyperlink – A clickable link located on a website page which may be represented by text or graphics.
Web Browser – An application used to view and develop your website, currently Different Colour Productions develops websites compatible with Internet Explorer and Mozilla Firefox.
Search Engine – A website which is used to find information on a specific subject / interest.
Website – A collection of website pages structured to form a complete website.
Contract – A document stating the terms for a given web project.
Section 2: Fees
2.1: Development Fees
In all cases of web development Different Colour Productions will require a 50% non-refundable deposit which is payable under the contract or agreement and is to be paid before any development work commences. The outstanding 50% will require payment on completion of a website design project. Different Colour Productions reserves the right to not start any development work until the initial 50% non-refundable deposit is paid in full.
A unique payment schedule will be agreed for each project developed by Different Colour Productions.
2.2: Payment Schedule
Clients will be required to make payment within 14 days of receipt of invoice. Cash payments are not accepted, payments must be made via cheque or bank transfer.
Section 3: Disclaimers
3.1: Third Parties
Different Colour Productions can take no responsibility for services provided by third parties through us or otherwise, this includes the hosting of client’s website, email facilities and domain name management. Different Colour Productions will endeavour to ensure website downtime is kept to a minimum.
3.2: Correction of errors
Different Colour Productions will take no responsibility for a website which has been modified by client or third party. Errors which have been made by Different Colour Productions which are either technical or typographical will be corrected free of charge. Different Colour Productions reserves the right to charge a fee for correcting errors which Different Colour Productions is not responsible for, this includes any modification of code or typographical errors made by client or third parties.
3.3: Loss or Damages
Under no circumstances will Different Colour Productions be responsible or liable for the financial or other loss or damage caused by the failure of its software application or third party hosting / domain services. The client should ensure data such as emails are backed up on a regular basis.
Section 4: Rights and Responsibilities
4.1: Indemnification
Client agrees to use Different Colour Productions services and facilities at their own risk and agree to indemnify Different Colour Productions from any or all demands, liabilities, costs, losses and claims including but not limited to attorney’s fees against Different Colour Productions or it’s associates that may arise from any service provided or agreed to be provided or any products sold to third parties by the client. The client agrees this indemnification extends to all aspects of a project, which include but not limited to the website content and choice of domain name. Client also agrees to indemnify Different Colour Productions from any liabilities arising out of injury to person or property caused by any service or product provided by Different Colour Productions or any product or service sold by client to third parties, which includes but not limited to infringements of proprietary rights, infringement of copyright, misinformation, delivery of faulty (defected) products or services which may be harmful to any person, business, organisation or company.
4.2: Supply and Pricing of Services
Different Colour Productions reserves the rights to use appropriate third party software and services which do not affect the existing contract and pricing agreement. Different Colour Productions reserves the right to alter pricing as necessary without prior notice. Any pricing changes will not affect existing contract and pricing agreements.
4.3: Breach of Contract
Different Colour Productions will not be held liable for breach of contract where a breach was due to but limited to software failure, hardware failure, electrical failure, third party services failure or any other event which is beyond the control of Different Colour Productions.
Section 5: Liability and Warranty Disclaimer
The client accepts Different Colour Productions is not liable for loss of services as a result of illness. Different Colour Productions reserves the right to assign work to third party associates if required.
Once a website project is completed and handover of website is given to client, the client shall take fully responsibility in ensuring that all files are functioning correctly before any use. Different Colour Productions will make every effort to ensure files are error free but cannot guarantee that the functionality of the work is error free.
Different Colour Productions endeavours to provide a website service within the given delivery timescales and to the best of its ability. The client agrees that Different Colour Productions can not be held liable for any claims, costs incurred, losses or compensation due to the failure to carry out services with a given timescale.
Different Colour Productions is not liable for any financial losses or assets such but not limited to, loss of revenue, profit, loss of business, loss of data or savings. Different Colour Productions reserves the right to invoice for any amount of work completed and cancel a website project if for any reason should the client goes into involuntary or compulsorily liquidation.
The client accepts sole responsibility to comply with any laws and taxes related to the development of an ecommerce website and indemnify Different Colour Productions and its associates of any claim, lawsuit, penalty or tax related to the client’s ecommerce website.
Different Colour Productions may recommend to client that updates may be required to comply with but not limited to any new legislations, software updates or new web standard methodologies. The client accepts Different Colour Productions is not liable for any failure to inform the client about these updates. The client agrees to indemnify Different Colour Productions and its associates of any claim, liabilities, costs or losses which may arise from failure to inform clients about these updates.
Section 6: Accepting Terms and Conditions
By accepting a quotation, signing an agreement, signing a contract or making a payment on invoice to use the services of Different Colour Productions, the client acknowledges to have read, understood and accept the Terms and Conditions of this agreement and agree to be legally binding by these Terms and Conditions.
