General Terms and Conditions
This document is to be viewed by all involved parties as a binding and insoluble contract in agreement to the terms stated below. By making the first payment (Web or SEO) you agree to the terms laid out under our Terms and Conditions for whatever service applies to you (Web, SEO, Hosting).
Dolphin’s office hours are 9am – 5.00pm, Monday to Thursday and 9am – 4pm Friday. Telephone calls received out of hours will be diverted to our answering machine and dealt with on the next working day. Where staff mobile telephone numbers are provided, we ask that you exercise discretion when calling out of hours and only call in emergencies, as in some cases these are also the staff’s personal telephones. We appreciate your understanding.
In order to deal more effectively with your queries, we ask that you put any questions to us in writing. This system allows us to distribute questions to the appropriate departments, and thereby respond to you, more efficiently. There are three ways to contact us: Email: [email protected] Post: Unit 6 Metropolitan Business Park Blackpool FY3 9LT. Tel Sales : 0845 869 58 50
Tel Support: 01253 808 346 Fax: 0870 471 49 93
Copyrights of general artwork, commissioned artwork, illustrations, website design, programming and copy belong to Dolphin. Once a piece of work is paid for in full a client may request the source code to host elsewhere but they are not authorized to reproduce this code for other applications. If you supply us with material, it is your responsibility to obtain all necessary copyrights for its use, and we assume that you possess these. In such cases, the copyright belongs to you. By signing this agreement, you agree to indemnify Dolphin from any claim which arises regarding the use of material with which you supply us. We reserve the right to use any artwork or printing we produce for the purposes of promoting our services unless you request otherwise in writing.
All quotes for work are valid for thirty (30) days, after which time all proposed work will have to be re-quoted. We take no responsibility for a re-quoted price differing from an original quote.
Dolphin reserves the right not to print any matter deemed illegal, libelous or offensive, or which may be an infringement of the proprietary or other rights of any third party. This agreement indemnifies us in respect of any claims, costs and expenses arising out of any libelous matter or any infringement of copyright, patent, design or of any other proprietary or personal rights contained in any material printed for the customer. The indemnity shall extend to any amounts paid on a lawyer’s advice in settlement of any claim.
Dolphin accept no liability whatsoever for consequential or third party losses, resulting in a delay in delivery howsoever caused.
Dolphin accept no liability whatsoever for financial loss or loss of earnings arising from products or services provided by Dolphin.
Dolphin accept no responsibility if we are unable to carry out any provision of the contract for any reason beyond our control including (without limiting the foregoing) Act of God, legislation, war, fire, flood, drought, failure of power supply, lock-out, strike or other action taken by employees in contemplation or furtherance of a dispute or owing to any inability to procure materials required for the performance of the contract. During the continuance of such a contingency you may, by written notice to ourselves, elect to terminate the contract and pay for work done and materials used, but subject thereto shall otherwise accept delivery when available.
Dolphin shall not be liable for any loss to the customer arising from delay in transit caused by circumstances beyond Dolphin’s control.
The invoice we send you will be itemised, showing the cost of the design and research process, as well as the production itself. Supplying us with suitable material will, therefore, reduce the time spent on design and, thereby, the final charge. VAT is charged at the current Customs & Excise rates and according to current regulations, irrespective of whether or not it is included in a price quotation.
Jobs Put On Hold or Cancelled by the Client
Jobs put on hold or cancelled by the client during production will be invoiced at current stage and materials. This invoice must be paid in full together with any VAT that falls due accordingly.
For invoices not settled within the agreed credit terms, we reserve the right to charge interest on the overdue debt at 2% above the Yorkshire Bank base rate at the time and an administration fee to cover the debt recovery costs.
Any customer ceasing to pay their debts in the ordinary course of business or proving unable to pay their debts as they become due or, being, a company, is deemed to be unable to pay its debts, or has a winding-up petition issued against it or, being a person, commits an act of bankruptcy or has a bankruptcy petition issued against it, Dolphin, without prejudice to other remedies, shall (i) have the right not to proceed further with the contract or any other work for the customer and be entitled to charge for work already carried out (whether completed or not) and materials purchased for the customer, such charge to be an immediate debt due to it, and (ii) in respect of all unpaid debts due from the customer, have a general lien on all goods and property in its possession (whether worked on or not) and shall be entitled on the expiration of 14 days’ notice to dispose of such goods or property in such manner and at such price as we think fit and to apply the proceeds towards such debts.
Dolphin agrees keep the confidential information of its clients confidential, including all administration areas of websites and details of referrers and those who are referred. All such data recorded by a website will be completely secure, and all information will be treated as confidential in accordance with the Data Protection Act.
Web Design Terms and Conditions
Provision of Materials
You agree to provide us with the specific copy, images and information we require in order to create your product, or to advise us as to where we can locate such materials. We accept no responsibility for your site not being put live/product being completed by a specific date if we are unable to secure necessary and/or suitable information and/or materials from you. If you cannot supply the information you wish to feature in your product, we will do what we can to obtain it, but we accept no responsibility for errors, omissions or discrepancies which may be present on the final product, as these may arise through our lack of specialist knowledge regarding the content of your product. The time taken to compile the data, as well as any time required to correct errors, omissions or discrepancies which have arisen through your not providing us with adequate materials, will be charged to you at our standard rate. We accept no responsibility for the delay caused in providing you with the final product as a result of your supplying us with insufficient or unsuitable materials. This does not apply if the additional cost could have been avoided but for unreasonable delay on the part of Dolphin in ascertaining the unsuitability of the materials with which you provide us. Where you supply or specify materials, we will take every care to secure the best results in the finished product, but we accept no responsibility for imperfect work caused by defects in or unsuitability of materials so supplied or specified.
Website Updates & Site Maintenance
These are charged at £50 per hour. If you want to introduce new material in the form of extra pages, additional functions, or more information than is already available on your site, this must be paid for as a new job.
Hosting & Email Accounts
Hosting is provided at a charge of £195 + Vat per year. This includes a ASP or PHP server, a customer control panel, up to 10 standard POP3 emails address created by us, or unlimited created by the client through the control panel, unlimited web space and bandwidth (2gb fair use policy applies), 150mb MYSQL Db (where applicable).
FTP access to websites will be granted when requested though Dolphin will not be held responsible for errors caused by 3rd party interference on the website.
MYSQL DB / MS SQL DB access will not be granted however backups can be requested at a cost of £25 per backup or £100 per annum for daily backups stored on our servers.
For all bespoke websites clients will be allowed the original source code and files for the front end of the site at no extra charge. If a client requests a backup at a later date which will include all files the client has uploaded to our servers a £50 + Vat charge will apply.
Dolphin takes no responsibility for any loss of business through non retrieval of emails, bounced messages or undelivered electronic mail. Dolphin take no responsibility for the content of emails including attachments and viruses. Cancellation of any website will result in the withdrawal of the hosting package after 48 hours. All hosting packages are non-refundable.
Should the client request that a domain name purchased by Dolphin on their behalf be transferred to another host, a release fee of £40 + VAT will be charged.
Website hosting will be renewed automatically as part of the initial contract, but a notice period of not less than 14 days will be given at the time invoicing. Clients must cancel their renewal in writing within this notice period, otherwise all charges will become payable and cancellation will NOT be accepted after this date, as monies will have been paid by Dolphin on the client’s behalf.
Any systems, including ecommerce and Content Management System, provided to the client remain the intellectual property of Dolphin. Clients may request the source code for the front end of our system to host elsewhere but they are not authorized to reproduce this code for other applications
No client will be allowed the complete source code for Dolphin Management. This is a bespoke proprietary management system. A client may request a cut down version which will allow the site to function on other servers.
E-commerce/CMS systems will be provided as an empty shop/site, and training will be given to the client(s) on using the system. A delay in the client populating the e-shop/site will not be accepted as a reason for delayed payment as, once it is ready to be populated and training has been given, Dolphin’s job is done. Dolphin offers a service to populate the client’s shop site/CMS on their behalf, and prices are available on request for this service. This does not include any photography, and where clients feel unable to create their own imagery of products, a photographer must be sought.
Dolphin guarantees all of its websites / bespoke software solutions provided to clients insofar as any faults or bugs will be rectified within a reasonable period of time so as not to interrupt the service provided by clients to their clients / users for an unacceptable time. Any software provided by Dolphin proving to be faulty or defective will be repaired / replaced free of charge to the working standard equivalent to launch.
For bespoke systems Dolphin will provide support for up to 12 months to fix erroneous code. This support is restricted to code that causes errors within the system. Amendments or additions to the system will be charged at the daily rate.
Once a client has agreed a look and feel proof and instructed Dolphin to proceed to build, any subsequent changes in style or design requested by the client will be charged for at the appropriate hourly rate.
We accept that certain details regarding your business, such as telephone numbers and email addresses, sometimes change, and that the details placed in a proof are liable to change. To this end we will amend smaller details such as these as part of our construction package. This policy applies throughout your contract with Dolphin: if a minor detail needs to be amended, we are more than happy to do so, free of charge. Larger changes, such as the creation of a new page or introduction of a new feature on your site, or the sourcing / changing of images are not covered by this policy and must be paid for.
Payment Terms (Web)
You agree to pay a deposit of 20% of the final bill immediately. When we have finished building your site, we will put it live on our own server under a temporary name which we will give you. After we have informed you of the site’s location on our server, you have 72 hours to view the site and ask for any amendments to be made. The site can be kept live for a longer period if you specifically request this. After the 72-hour viewing period has elapsed, the invoice will be issued as – apart from minor alterations or transfers onto other domain names – our work on the site is then complete. Once the bill is settled in full, we will put the site live on its own domain name, or – if you have not yet selected one – it will remain live on our server. If you possess your own domain name, we will initiate whatever process is necessary to put the site live once the bill is settled. You are not permitted to point your own domain name to the test site on the Dolphin server. If this is found to be the case, we reserve the right to remove the site from our server. All deposits are non-refundable.
SEO Terms and Conditions
Payment and Contract terms the client agrees too:
- SEO is a monthly service unless specifically agreed upon before SEO work commences.
- The first SEO Invoice must be paid in full before SEO work can commence.
- All subsequent invoices will be issued each month from the date the first payment was received.
- All subsequent invoices must be paid within 10 working days.
- All SEO contracts can be cancelled at any time with 10 days notice of an invoice being issued.
Agreement for the purposes of receiving professional SEO services, the Client agrees to provide the following:
- Administrative/backend access to the website for analysis of content and structure.
- Permission to make changes for the purpose of optimisation, and to communicate directly with any third parties, e.g., your web designer, if necessary.
- Unlimited access to existing website traffic statistics for analysis and tracking purposes.
- A clientsite.tld email address for the purposes of requesting links (something like [email protected])
- Authorization to use client pictures, logos, trademarks, web site images, pamphlets, content, etc., for any use as deemed necessary by Dolphin for search engine optimisation purposes.
- If Client’s site is lacking in textual content, Client will provide additional text content in electronic format for the purpose of creating additional or richer web pages. Dolphin can create site content at additional cost to the Client. If Client is interested in purchasing content from Dolphin, please contact Dolphin for a cost estimate.
Client must acknowledge the following with respect to SEO services:
- All fees are non-refundable.
- All fees, services, documents, recommendations, and reports are confidential.
- Dolphin has no control over the policies of search engines with respect to the type of sites and/or content that they accept now or in the future. The Client’s website may be excluded from any directory or search engine at any time at the sole discretion of the search engine or directory.
- Due to the competitiveness of some keywords/phrases, ongoing changes in search engine ranking algorithms, and other competitive factors, Dolphin does not guarantee #1 positions or consistent top 10 positions for any particular keyword, phrase, or search term.
- Some search directories offer expedited listing services for a fee. If the Client wishes to engage in said expedited listing services (e.g., paid directories), the Client is responsible for all paid for inclusion or expedited service fees. Dolphin can offer a list of expedited listing services upon request. Dolphin can also complete the submissions to these directories as part of the monthly SEO work and at a cost equal to the charge applied by the directories.
- Dolphin does not assume liability for any actions carried out by the client that may negatively effect the SEO.
- Dolphin will not make changes to the site that knowingly will harm or negatively affect the clients rankings in any way.
- Dolphin will adhere to the webmaster guidelines created by Google. http://www.google.com/support/webmasters/bin/answer.py?hl=en&answer=35769
- Dolphin will respect the privacy of a client and will not share client data with any third parties and will not use any data provided by the client for any work outside of the client’s specific campaign.
- Dolphin may use the client name in the Dolphin portfolio for prospective clients unless the client requests complete confidentiality.
- Dolphin is not responsible for changes made to the website by other parties that adversely affect the search engine rankings of the Client’s website.
- Additional Services not listed herein (such as managing pay-per click campaigns, copywriting, link baiting, etc.) will be provided for a fee of £50 per hour.
- The Client guarantees any elements of text, graphics, photos, designs, trademarks, or other artwork provided to Dolphin for inclusion on the website above are owned by the Client, or that the Client has received permission from the rightful owner(s) to use each of the elements, and will hold harmless, protect, and defend Dolphin and its subcontractors from any liability or suit arising from the use of such elements.
- Dolphin is not responsible for the Client overwriting SEO work to the Client’s site. (e.g., Client/webmaster uploading over work already provided/optimized). The Client will be charged an additional fee for re-constructing content, based on the hourly rate of $XX per hour. Notwithstanding any other provision of this Agreement, Dolphin’s obligation to provide free SEO services shall cease in the event the Client’s conduct overwrites the SEO services provided. For example, if the client’s webmaster uploads content without consulting Dolphin, then Dolphin’s obligation to provide SEO services for free shall terminate.