Website Terms & Conditions

The following terms and conditions apply to all website development and design services provided by Distribute Digital to the Beneficiary.

Definitions and Interpretation

In these terms and conditions the following definitions apply unless otherwise stated:

  • ‘Beneficiary’ means the individual or business entity who purchases Services from the Provider and whose details are set out in the Order. 
  • ‘Provider’ means DISTRIBUTE DIGITAL LTD, a Company incorporated in England and Wales under Provider number 12136431 whose registered office is at GROSVENOR HOUSE 11 ST PAULS SQUARE, BIRMINGHAM B3 1RB, trading as DISTRIBUTE DIGITAL.
  • ‘Services’ means website design, development, hosting and maintenance and other associated services such as copywriting and logo design.
  • ‘Content’ includes text, images, video, and other media provided by the Beneficiary for the website.
  • ‘Revision(s)’ is defined as a single round of changes that the Beneficiary requests.
  • ‘Hosting’ refers to the service of storing the Beneficiary’s website files on a server, making them accessible on the internet. This service is provided through a third-party provider, such as Siteground, and managed by the Provider. Hosting may include, but is not limited to, server space allocation, database management, security measures, and server maintenance.

Acceptance

It is not necessary for any Beneficiary to have signed an acceptance of these terms and conditions for them to apply. If a Beneficiary accepts a quote then the Beneficiary 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.

Payment

An initial advance payment of 50% of the total project cost is required to commence work. The remaining 50% balance, along with the first month’s hosting fees, is due before the website is published and made live. Failure to complete payments as per these terms may result in project delays or termination.

The Provider reserves the right to remove the Beneficiary’s website from the internet if any payment for hosting services is overdue by more than 60 days. The Beneficiary will be notified and given an opportunity to resolve the overdue payment before such action is taken.

Termination

Termination of services by the Client must be requested in a written notice or email and will be effective on receipt of such notice. Telephone requests for termination of services will not be honoured until and unless confirmed in writing or email. The Client will be invoiced for work completed to the date of first notice of cancellation for payment in full within thirty (30) days.

Charges

  • Quotations – Charges for services provided by Distribute Digital (“the Provider”) are outlined in the project quotation sent to the Beneficiary via email or other written communication. Quotations are valid for a period of 30 days from the date of issuance. The Provider reserves the right to modify or withdraw a quotation after this 30-day validity period has expired.
  • Refund Policy – The initial deposit is refundable if the Beneficiary is dissatisfied with the quality of the design and chooses to terminate the contract before approving the design. Once the design is approved by the Beneficiary, the deposit becomes non-refundable. Any third-party services or additional costs incurred on behalf of the Beneficiary are not subject to refunds.
  • Invoicing and Payment Methods – Final invoices will be issued by the Provider upon project completion but prior to the website going live. Payments can be made via bank transfer, direct debit, or debit/credit card, as specified in the invoice.
  • Additional Work – If the Beneficiary requests additional features, pages, or functionalities that were not included in the original quotation, they will have the option to contribute additional funds to cover these costs. Payment terms for additional work will follow the same structure as the main project: 50% due in advance and the remaining 50% due upon completion, prior to the website being published.

 

Platform

The website will be built on a mutually agreed CMS Platform, which will normally be WordPress, Shopify or Duda. 

Hosting

General

Hosting is an optional service, and its costs will be outlined in the initial project quotation. Different platforms have distinct hosting requirements, as detailed below.

WordPress

WordPress hosting is provided through a third-party service such as Siteground, and managed by Distribute Digital (“the Provider”). All support needs related to this third-party hosting will be addressed by the Provider.

WordPress hosting requires a monthly support package to ensure regular security, theme, and plugin updates. This package is limited to maintenance and does not include design or content changes.

Shopify

Shopify sites require a monthly plan payable directly to Shopify by the Client (“the Beneficiary”). The Provider has no ongoing obligation or responsibility for updates or support beyond the initial website publication. Additional design and content support may be provided at an extra cost, at the Beneficiary’s discretion.

Duda

The Provider offers monthly hosting and support packages through an agency account with Duda. These packages are restricted to ongoing website maintenance and do not include content or design changes.

Limitation of Liability and Warranty Disclaimer

The Provider acts as an intermediary for third-party hosting services and, while every effort will be made to ensure continuous service, cannot be held responsible for any downtime, loss of data, or loss of business resulting from hosting issues. 

The Provider offers no warranties, either expressed or implied, for the hosting services. Clients are advised to maintain their own backups and business continuity plans.

Beneficiary Revisions

Review and Approval

The Provider will grant the Beneficiary opportunities to review the website, logo, or branding materials at various stages of the design and development process. Unless the Beneficiary provides feedback within seven (7) days from the date these materials are made available, they will be considered accepted and approved.

Revision Policy

To ensure the Beneficiary’s satisfaction, the Provider allows a limited number of revisions at each stage of the project. A “revision” is defined as a single round of changes that the Beneficiary requests. All requested changes for a given revision must be submitted in one comprehensive list. The Provider will implement these changes and present the revised materials for approval.

  • Design Phase: Up to 3 revisions are allowed.
  • Development Phase: Up to 3 revisions are allowed. (Note: If changes requested during the Development Phase pertain to the Design Phase, such as design alterations, additional charges will apply.)

 

Additional Revisions

Any revisions requested beyond the specified limits will incur additional charges. The Beneficiary must agree to these charges before additional revisions are undertaken.

Comprehensive Feedback

To make the most of each revision, the Beneficiary is required to provide all desired changes in a single, comprehensive list for each revision round. Piecemeal or fragmented feedback may result in additional charges, as it extends beyond the scope of a single revision.

Timely Submission of Content and Feedback

The Beneficiary agrees to provide all necessary content and feedback within the timeframes specified in the project proposal or as otherwise communicated by the Provider. Failure to do so may result in project delays and additional costs. All feedback for revisions must be comprehensive and submitted in a single communication to be considered as one revision.

Turnaround Time and Content Control

The Provider will install and publicly post or supply the Beneficiary’s website by the date specified in the project proposal, unless a delay is specifically requested by the Beneficiary.

The Beneficiary agrees to delegate a single individual as a primary contact to aid the Provider with progressing the commission in a satisfactory and expedient manner. Delays in providing feedback in a timely manner will impact our ability to deliver the project to the agreed timelines and may negatively impact our ability to deliver the project to the timescales agreed. Delays caused by slow feedback are outside of the Provider’s control. 

During the project, the Provider will require the Beneficiary to provide website content: text, images, movies and sound files etc. to populate the website. 

Project completion

Upon the successful completion of the project, the Beneficiary shall not receive any assets, including but not limited to website files, design elements, or related materials, until they have signed the completion form. The completion form serves as an acknowledgement that the Beneficiary is satisfied with the final product delivered. By signing this form, the Beneficiary confirms their approval and acceptance of the project, thereby initiating the transfer of assets. This procedure ensures that both parties are aligned and that the Beneficiary’s contentment with the final deliverables is duly acknowledged and documented.

Failure to provide required website content

We ask that the Beneficiary provides all the required information at least one (1) week prior to the agreed commencement date. On any occasion where progress cannot be made with your project because we have not been given the required information in the agreed time frame, and we are delayed as a result, we reserve the right to change the agreed delivery date to one that is achievable based on the Provider’s current workload.

Website Amendments

All websites come with access to a website CMS that allows the Beneficiary to make changes to text and images on their website without needing assistance from the Provider.

The Beneficiary will be given admin rights to their website allowing them to have full access to the backend of the website and the ability to make content changes, add blog posts, and generally update the content of their website. 

Design changes and substantial content changes that require additional development work will be provided by the Provider at an additional cost that is calculated based on the estimated time required to implement the changes. On request, the Provider will provide a quote for these services and an estimated delivery timescale.

Web Browsers

The Provider 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, Microsoft Edge, Google Chrome, etc.).  The Beneficiary agrees that the Provider cannot guarantee correct functionality with all browser software across different operating systems.

The Provider cannot accept responsibility for web pages which do not display acceptably in obsolete versions or new versions of browsers released after the website has been designed and handed over to the Beneficiary. As such, the Provider 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.

Indemnity

All Provider services may be used for lawful purposes only. You agree to indemnify and hold Distribute Digital harmless from any claims resulting from your use of our service that damage you or any other party.

Copyright

The Beneficiary retains the copyright to data, files and graphic logos provided by the Beneficiary, and grants the Provider the rights to publish and use such material. The Beneficiary must obtain permission and rights to use any information or files that a third party copyrights. The Beneficiary is further responsible for granting the Provider permission and rights for use of the same and agrees to indemnify and hold harmless the Provider from any and all claims resulting from the Beneficiary’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 Beneficiary to the Provider that all such permissions and authorities have been obtained. Evidence of permissions and authorities may be requested.

Standard Media Delivery

Unless otherwise specified in the project quotation, this agreement assumes that any text will be provided by the Beneficiary in electronic format via email or alternative electronic file transfer and that all photographs and other graphics will be provided in .gif, .jpeg, .png or .tiff format. Although every reasonable attempt shall be made by the Provider to return to the Beneficiary any images or printed material provided for use in the creation of the Beneficiary’s website, such return cannot be guaranteed.

Design Credit

An optional link to the Provider will appear in either a small type or a small graphic at the bottom of the Beneficiary’s website. If a graphic is used, it will be designed to fit in with the overall site design. If a Beneficiary requests, the design credit will be removed. The Beneficiary also agrees that the website developed for the Beneficiary may be presented in the Companies design portfolio. If the Beneficiary wishes to not appear in the Companies design portfolio, or services are provided under an NDA, this will be honoured by the Provider.

Access Requirements

If the Beneficiary’s website is to be installed on a third-party server, the Provider must be granted temporary read/write access to the Beneficiary’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.

Post-Placement Alterations

The Provider cannot accept responsibility for any alterations caused by a third party occurring to the Beneficiary’s pages once installed. Such alterations include, but are not limited to additions, modifications or deletions.

Domain Names

The Provider can procure domain names on behalf of the Beneficiary as part of the services rendered. It is important to note that upon purchase, the domain names acquired shall become the exclusive property of the Beneficiary. The Beneficiary assumes full responsibility for the payment and timely renewal of these domain names. The Provider shall not be held accountable for any loss, cancellation, or other consequences arising from the Beneficiary’s failure to make payment or renew the domains promptly. To ensure the uninterrupted ownership and usage of the domains, it is imperative for the Beneficiary to maintain accurate records of payment due dates and promptly complete the necessary renewal processes.

General

These Terms and Conditions supersede all previous representations, understandings or agreements. The Beneficiary’s acceptance via email, text or payment of an advance fee constitutes agreement to and acceptance of these Terms and Conditions. Payment online is an acceptance of our terms and conditions.