Terms & Conditions

By agreeing to work with dotball DESIGN the following terms and conditions set out a working relationship that we are both bound by.  It is important to have few things written down, so that we both know who should do what and when, and what will happen should anything go wrong. We will always do our best to fulfil your needs and meet expectations. The language used here is fairly simple, but the intentions are serious, as we do not want to make your agree to something that you may later regret or feel that you have been tricked into accepting.

Web Design Agreement

By ordering a web design service from dotball DESIGN you accept and agree to the following terms and conditions. To start with the following definitions will apply:

• Client: That’s you (individual or business) that is requesting services from dotball DESIGN.
• dotball DESIGN: A trading name of Digital 165 Ltd, registered in England, Company No. 13301341 ( “us”, “we”, “our”) a.k.a the website designer.

Order & Agreement

dotball DESIGN will only carry out a web design order of work, where an agreement is provided by the client. Such an agreement will be deemed to be a written or verbal contract between dotball DESIGN and the client, and can be communicated by email, telephone or mail. The agreement comes into place as soon as an invoice is sent to and received by the client, and payment is made.

You have the authority to enter into this on behalf of yourself, your business or your organisation. You will provide us with the assets and information we tell you that we need to complete the project, when we ask for them and in the formats we ask for.

Design

dotball DESIGN create look-and-feel designs, and flexible layouts that adapt to the capabilities of many devices and screen sizes. We create designs iteratively and predominantly use HTML and CSS, so we won’t waste time mocking up every web page or template as a static visual. We may use visuals to indicate a creative direction (colour, text and typography).

In the process of designing your website you will have the opportunity to review our work and provide feedback. As part of the feedback process, we are happy for you to find problems, as it will give us the opportunity to find the best solution. Working collaboratively often produces the best results.

If, at any stage of the project, you are not happy with the direction our work is taking, you will pay us in full for everything we have produced until that point and cancel this contractual agreement.

Text Content / Copywriting

dotball DESIGN is not responsible for writing new text copy for your website.

Image Content / Visuals

If you are providing photographs or graphics for your website, you should provide them in the correct format. Photographs should be provided in a high resolution digital format (jpeg or png). Other graphics, including your logo, need to be supplied in a editable vector format (svg, ai, eps).

If you choose to use stock photographs, we can suggest some stock libraries for you to look at. If you would like us to search for photographs for you, we can provide a separate estimate for that.

Changes & Revisions

Fixed price website plans can sometimes limit your to your earliest ideas. We don’t want to stifle your ability to change your mind and therefore should you request work that falls outside of your original website plan we are happy to be flexible. So, if you want to change your mind or add anything new, that won;t be a problem and we will provide a separate estimate for that.

Payments

No one likes falling out over money. We are sure you understand how important it is for a small business that invoices you receive from dotball DESIGN are paid promptly. By accepting these terms, you agree to stick tightly to the payment schedule set by dotball DESIGN.

The initial setup fee and upfront payments made are non-refundable unless we fail to provide the agreed web design service and are at fault for such failure.

All fees are inclusive of any applicable VAT and other taxes which you may be subject to.

Copyrights

dotball DESIGN respects other people work. You guarantee that all elements of text, images, other artwork and media files you provide are either owned by you, or that you have permission to use them. dotball DESIGN cannot take any responsibility for copyright infringement caused by materials submitted by you or used in the future on your website.

Once final payment has cleared for thew website project, copyright will be automatically assigned to you.

At dotball DESIGN we work with some great clients and like to show off completed works with other people. As such, we reserve the right, with your permission, to place a by-line at the bottom of your website establishing dotball DESIGN as the creator of the website, to display and link to your project as part of a portfolio and to write about it though other media such as social media platforms, other websites, magazines or books.

Data Protection

By providing a service to a Client, dotball DESIGN may gain access to and/or acquire the ability to transfer, store or process personal data of the Client or employees / members of the Client. These parties agree that where such processing of personal data occurs, the Client shall be the ‘data controller’ and dotball DESIGN shall be the ‘data processor’ as defined in the EU General Data Protection Regulation (GDPR).

dotball DESIGN shall only process personal data to the extent reasonably required to enable the provision and supply of services as mentioned in these terms & conditions. We shall not retain any personal data longer than necessary, and will refrain from processing any personal data for our own or any third party’s purposes.

dotball DESIGN shall not disclose personal data to any third parties, other than those services providers, agents, subcontractors and other associated organisations that complete a task or provide a service to you on our behalf.

We will implement and maintain technical and organisational security measures as required, to protect personal data on behalf of the Client.

Further information about our approach to data protection can be found in our Privacy Policy.

Legal Stuff

dotball DESIGN cannot guarantee that work will be error free and as such can not be held liable to you or any third-party for damages, including lost profits, lost savings or other incidental, consequential or special damages, even if you advised me of them.

We cannot guarantee or give you any warranty that the website will achieve any result, be available continuously, or remain free of viruses or items of a destructive nature.

Just like a parking ticket, neither of us can transfer this contractual agreement to anyone else without the other’s permission. This contractual agreement stays in place and need not be renewed.

If any provision made in this contractual agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.

Finally, this agreement shall be governed by and interpreted according to the law of England and Wales and all disputes arising under the agreement (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the English and Welsh courts.

That’s it… time for a cup of coffee.

Updated: April 2021