Terms and Conditions
By placing an order with Design Is Alive, you confirm that you are in agreement with and bound by the terms and conditions below.
Design Is Alive will carry out work only where an agreement is provided either by email, telephone, mail or fax. Design Is Alive will carry out work only for clients who are 18 years of age or above. An 'order' is deemed to be a written/ or verbal contract between Design Is Alive and the client, this includes telephone and email agreements.
The client agrees to make available as soon as is reasonably possible to Design Is Alive all materials required to complete the site to the agreed standard and within the set deadline.
Domain names are and remain the property of the Clients at all times, Design Is Alive agrees to hand over the control or transfer any of its Clients domain names at the Clients request provided that all invoices and fees payable to Design Is Alive have been satisfied. If the client wishes to transfer the domain name that is mapped on and uses DESIGN IS ALIVE server to a different server (other than that of Design Is Alive) a fee of £30.00 will apply. Client provide the information of third pary server/or service provider details and IPS tag. Such request is than authorised by Design Is Alive.
Design Is Alive will not be liable for any costs incurred, compensation or loss of earnings due to the unavailability of the site, its servers, software or any material provided by its agents due to technical problem if any arises. Whilst every endeavor will be made to ensure that the website is free of errors.
Once a website has been designed and completed the final balance of payment is then due in accordance with our payment terms. Termination * There are no exceptions to this, i.e If the client decides they no longer want the site, as they have commissioned the work and paid a deposit they are still obliged to pay for the work that has been done.
Non payment will result in legal action being taken if necessary. Once full payment is received for a website, it is assumed that the project has been completed to the clients satisfaction and no refunds can be offered. We do offer free updates for a month after completion to allow for any final amendments that may be required.
Due to external factors, such as changes to the way search engines rank websites, we cannot offer any guarantees regarding the position we will achieve for websites. The process of optimizing websites itself will bring in more traffic and hits and you'll see visits increase to your site naturally. We cannot accept liability for any change in rankings, or drop off in the position of your website due to changes in the algorithms of the search engines or the factors that they use to rank websites.
Payment of Accounts
A deposit is required from any new client before any work is carried out. It is the Design Is Alive policy that any
outstanding accounts for work carried out by Design Is Alive or its affiliates are required to be paid in full, no later than 14 days from the date of the invoice unless by prior arrangement with Design Is Alive. * Once a deposit is paid and work completed you are obliged to pay the balance of payment in full. We will contact clients via email and telephone to remind them of such payments if they are not received when due.
Support / Complaints procedure * Anyone who experiences a problem with their web service provided by Design Is Alive should raise the matter directly using our online contact form or via email to do so, giving sufficient information to locate the material (such as an url) and clearly outlining the grounds for complaint. Design Is Alive, will acknowledge receipt and ensure that the matter is looked into as soon as possible.
The Client may request the termination of the Service and this Agreement by written notice, 1 month in advance. If the Client wishes to terminate during the course of a 12 month period of Service provision the Service will end 1 month after the Host receives the Client’s notice.
On termination of the Service and this Agreement the Client’s Website and all related material will be removed from the Hosting Hardware.
Upon termination of this Contract the following shall become immediately due:
Any and all outstanding invoices
Any costs accrued up to termination date not already subject to invoice; and
Any costs incurred by the Company upon termination of the contract.
If the Client sends a termination notice in error or changes their mind, the Host must be informed within 2 months of the notice that the Client wishes their Account to be restored. Any notification outside of this period will require a new Account to be set up, with the Client being required to pay for a full 12 month period.
The Client will be required to pay a re-activation fee of £200.00.
Indemnities and Limitation of Liability
The Client will fully indemnify the Host against all costs, expenses, liabilities, losses, damages and judgements that the Host may incur or be subject to as a result of any of the following:
The Client’s misuse of the Service;
The Client’s breach of this Agreement;
The Client’s negligence or other act of default;
The Activities of third parties conducted on the Client’s website using facilities such as blogs, forums and chat.
Neither party shall be liable to the other under this Contract in contract, tort, or otherwise (including negligence), pre-contract or other representations (other than fraudulent or negligent misrepresentations) or otherwise for any loss of business, contracts, profits or anticipated savings or for any indirect or consequential or loss whatsoever.
The Client agrees to indemnify the Company against any claims, damages, losses, costs and expenses which the Company may sustain or incur in relation to any content and materials which the Client provides, such indemnity applying in respect of any claims for any breach of applicable law or regulation or any infringement of any intellectual property rights.
The Company agrees to indemnify the Client against any claims, damages, losses, costs and expenses which the Client may sustain or incur in relation to breaches of the Confidentiality and Intellectual Property Rights clauses of this Contract committed knowingly by the Company.
Nothing in this Contract shall exclude or limit liability for death or personal injury resulting from the negligence of either party or their servants, agents or employees
Design Is Alive will not be responsible for any damages to customer business may suffer. Design Is Alive reserves the right to revise its policies at any time.