info@d3marketing.co.uk | 0845 475 0076

Terms and Conditions & FAQs

Welcome to D3 Marketing

Please familiarise yourself with our terms and conditions and review our FAQs .

If you can’t find an answer you’re looking for please do get in touch!

 

By continuing to browse and use this website, and hire our services, you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy govern D3 Marketing’s relationship with you in relation to this website. If you disagree with any part of these terms and conditions, please do not use our website and consult us before using our services.

If you have a website or marketing materials designed by D3 Marketing please ask for a copy of our additional terms and conditions which include but are not limited to these below.

Proposal(s) that are supplied by D3 Marketing are deemed to include the terms and conditions below and accepting of a proposal shall be deemed to be accepting of these terms and conditions.

The term ‘D3 Marketing’ or ‘us’ or ‘we’ refers to the owner of this website,  D3 Marketing. The term ‘you’ refers to the user or viewer of our website or the client for whom we design a website or other marketing materials.

Terms & Conditions

The use of this website is subject to the following terms of use

The content of the pages of this website is for your general information and use only. It is subject to change without notice.

This website uses cookies to monitor browsing preferences.

We do not provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose.

You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.

Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.

This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics and portfolio work for our clients which may also remain under our copyright. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.

Any trade marks reproduced in this website which are not the property of, or licensed to, the operator are acknowledged on the website.

Unauthorised use of this website may give rise to a claim for damages and/or be a criminal offence.

From time to time this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).

Where client websites are content managed by the client and included in our portfolio or works, copyright or links, we cannot be responsible for the content therein which is the responsibility of the website owner and D3 Marketing cannot take responsibility for any copyright infringements caused by materials submitted by the client.

Your use of this website and any dispute arising out of such use of the website is subject to the laws of England, Northern Ireland, Scotland and Wales.

Engaging the services of D3 Marketing

Drafts & proposals

The design copyright and all other types of intellectual property right in any proposal and design shall remain with D3 Marketing at all times unless stated in the actual proposal for each individual project undertaken and agreed with the client. If no such sign off is given then design copyright and IP remain with D3 Marketing.

Any draft or proposal should be treated as confidential by the client who must not divulge nor permit any of its employees to divulge the contents thereof.

In the event any proposal is not accepted by the client all copies of the proposal together with any accompanying documentation shall remain confidential.

Agreement to a proposal is deemed to be accepted when approval is provided either by mail, telephone or email (“the Work”).

D3 Marketing assures that it has not knowingly infringed any copyright design right or patent in the completion of “the Work”.

We reserve the right to use any work we produce for the purpose of self-promotion.

Costs, quotes & fees

Any quote, costings or timetable supplied by D3 Marketing shall hold good for 30 days. If not accepted within 30 days the quote, costings or timetable supplied will be subject to review and amendments.

Any statement as to the completion date of “the Work”  is an estimate only and we will use reasonable endeavours to complete the work on time however  in the event “the Work” is not completed by the date agreed we will be under no liability to the client or any other person(s).

We accept no liability for loss or damage (direct, indirect or consequential) including all loss of profit or business arising out of any single claim, event, or series of related claims or events (including claims based on negligence).
Alterations to the scope “the Work” agreed between the client and D3 Marketing enables D3 Marketing to review and amend any timetable and costings supplied to the client.

Any costing of “the Work” unless otherwise agreed in writing will be exclusive of VAT.

D3 Marketing reserves the right to stop “the Work” should any account be in arrears or not be paid. Legal action will taken as a result non payment of fees and invoices.

The design copyright and all other types of intellectual property right remain with D3 Marketing until all fees and invoices associated with “the Work” are paid in full. rint artwork proofs are sent to clients as final artworks PDFs or jpgs and are the primary product paid for. Clients should retain copies for their records. Design files are not part of any invoices for “the Works” .

Unless otherwise agreed in writing D3 Marketing may submit interim invoices for payment as defined in the proposal even though “the Work” has yet to be completed and may request an initial deposit before commencing works.

What happens after completion of "the Work"?

After completion of client websites, marketing and design materials and payment of final invoices for “the Work”, website content and changes are 100% managed by the client. D3 Marketing are not responsible for the content therein which is the responsibility of the website owner and D3 Marketing cannot take responsibility for any copyright infringements caused by materials (text or images or other) submitted by the client.

Any plug-ins or licensed software that fails to perform, is corrupted or has costs of updates after the website is commissioned and paid for in full, are not the responsibility of D3 Marketing and any subsequent works required are chargeable. This includes malicious attack of your website (hackers, viruses etc), WordPress upgrades and checking of site functionality after an upgrade (as performance can be affected) and fixing errors caused by your own access to and changes on the website.

After the website is live and the final invoice issued, D3 Marketing are happy to work with you to improve and change items as requested. We recommend all clients do final checks on the website. Changes are chargeable once the site is authorised to go live online.

Client responsibility

Where pre-production proofs are supplied for approval to the client, the client shall be responsible for the correction of omissions or errors and D3 Marketing shall bear no liability whatsoever in respect of any omissions or errors subsequently discovered after printing.

The client assures that the information and images supplied to D3 Marketing in “the Work” does not infringe any copyright or design right and agrees to indemnify D3 Marketing against any claim arising from the use of the information in breach of any copyright or design right.

Where “the Work” includes printing by us the client acknowledges that due to the nature of the printing process there may be some non-material variation printing quality or colour tone.

Without prejudice to its existing rights D3 Marketing may terminate this contract immediately if the client is in default of any term of any contract between D3 Marketing and the client or if the client becomes insolvent. Upon such termination D3 Marketing will be paid any fees due together with any VAT by the client.

Any goods or property supplied by or on behalf of the client to D3 Marketing are done so at their own risk and we do not accept liability for loss or damage caused.

The client may not assign any benefit of this agreement or any right arising there from in any way whatsoever.

Contracts between D3 Marketing and the client will be concluded in the English and our relationship with you will be governed by English law and will be subject to the exclusive jurisdiction of the English courts.

Website Design & Hosting Services

General terms

Whilst every endeavour will be made to ensure that the website and any scripts or programs are free of errors, D3 Marketing cannot accept responsibility for any losses incurred due to malfunction, the website or any part of it.

Any scripts, CGI applications, databases or software (unless specifically agreed) created by D3 Marketing remain the copyright of D3 Marketing.

The terms that follow supplement our standard Terms & Conditions.

Costs, payments & renewals

The client agrees to pay D3 Marketing in a timely manner for services rendered against terms specified on each invoice. D3 Marketing reserves the right to temporarily or permanently suspend Client’s websites, software and services when accounts fall into arrears.

The website, graphics and any programming code remain the property of D3 Marketing until all outstanding accounts are paid in full.

Where domains are ready for renewal and notified directly to D3 Marketing, D3 Marketing will inform the client on email. Domains will automatically be renewed by the deadline date if under D3 Marketing control unless the client advises otherwise within minimum 7 days of renewal date. After renewal all costs are payable by the Client including administration charges.

Hosting fees will be automatically renewed annually and charged to the client under 7 day payment terms unless notice not to renew is received and confirmed by D3 Marketing no less than 7 days before the renewal date.

Should an invoice for hosting and domain remain unpaid for 14 days from renewal then D3 Marketing reserve the right to remove the website and emails from live operation.

If a period of 3 months passes without receipt of payment then D3 Marketing Ltd reserve the right to delete website files permanently from their server.

It is at all times the clients responsibility to ensure that payment for domain and hosting services is made, to ensure that website and emails remain active and available. D3 Marketing Ltd accepts no responsibility for the deletion permanently of files that the client has not backed up or copied via FTP access requested from D3 Marketing Ltd, on non payment of fees to maintain files and live operation.

FTP access

When a client requests FTP access to websites and databases they have full control over access to all their files, data and website structure and content.

At this point D3 Marketing relinquish any responsibility for the site, its appearance, content or operation.

The client is responsible for ensuring the safe and secure access to their site, to the secure distribution and use of the FTP etc to protect their property.

If problems arise after giving FTP access D3 Marketing Ltd reserve the right to charge for time to help with solutions.

When FTP access is given, we strongly recommend that all clients take a back up copy of their website in case of future problems. D3 Marketing Ltd cannot responsible for issues from this point forward as general or approved access has been given to someone outside of our approved technical working group.

D3 Marketing Ltd accept no responsibility for the failure of the client to use the FTP in the correct manner or not take a copy of any website files they wish to retain for the future.

Non renewal of hosting

If a client decides not to renew hosting, effectively the website it taken offline at the date of expiration of the hosting.

It is the clients responsibility at this time to ensure the longevity of files they want to retain for the future.

Cancellation of hosting means that D3 Marketing Ltd are no longer responsible for maintenance, storage or keeping any website files or databases.

After a period of 3 months these files may be deleted from the server as space to store the files is not being paid for and live operation of the website is not required by the client.

It is the clients responsibility to request access to copy and remove files that are required for future use.

Transferring domain or hosting away from D3 Marketing

If a client requests to transfer domain or hosting to an alternative, D3 Marketing will not be held responsible for loss of service, files, data or email data. Clients must ensure their new provider understands how the website is set up and hosted and emails are stored server and client side. No responsibility will be taken by D3 Marketing for any failure during or after the transfer, given that emails and website work fully prior to commencing the transfer.

It should be noted that 24-48 hours downtime may be experienced on websites when transferring DNS and emails can be lost in transfer depending on the individual set up.

There will be an admin charge for providing support to any external IT or website company requesting our help in the transfer of £45 per hour which the client must agree to and prepay before any website transfer is undertaken in the instance when the client is terminating services with D3 Marketing.

Client responsibility

D3 Marketing are not responsible for any copyright infringements caused by materials submitted by the client.

Materials required to complete the site to the agreed standard and within deadline are to be made available as soon as is reasonably possible to D3 Marketing.

D3 Marketing Ltd will not be liable for costs incurred, compensation or loss of earnings due to the failure to meet agreed deadlines.

D3 Marketing Ltd does not guarantee that any scripts, cgi applications, databases or software will be immune from hacking. D3 Marketing Ltd will not be liable for any costs incurred, compensation or loss of earnings caused as a result of hacking.

Applications or programming relating to a site developed by D3 Marketing must be tested by the client before being made available for general use. “Bugs”, errors or other issues are found after the site goes live, D3 Marketing will endeavour (but is not obliged to) to correct these issues to meet the level of functionality outlined in the scope of the project.

Changes to terms and conditions

D3 Marketing Ltd reserve the right to make changes to these terms and conditions from time to time.

Provision of source design files

D3 Marketing own copyright and design source files and provide finished artwork to clients. We will consider under reasonable requests to provide these with a cost associated for transfer of rights to source files, time taken to recover from archive, package and include links, and their value as ongoing design files, dependent on no arrears on any invoices and accounts.

D3 Marketing reserves the right to charge administration fees for any and all supply of files, not limited to design files, stock photographs, physical materials, admin/password details for websites, website FTP and access details, HTML email templates, data and suppression files. These are subject to a minimum charge of £45 to supply and hourly fees of £65 per hour for finding, preparing and sending or posting materials plus costs of data sending, storage materials and posting if applicable.

Once works are completed this invoice must be fully paid before access will be given to the files.

Please read the terms of charges on requests to transfer domain names, hosting and web files applicable.

Website hosting and failures

D3 use a third party server for hosting websites. Whilst failures are rare, they do occur from time to time and the server has to be taken off line. This can result in your website and emails being offline for a period of time. D3 Marketing are not liable for any such loss of service or business resulting.

Websites age very quickly. Any plug-ins or licensed software that fails to perform, is corrupted or has costs of updates after the website is commissioned and paid for in full, are not the responsibility of D3 Marketing and any subsequent works required are chargeable.

This includes malicious attack of your website (hackers, viruses etc), WordPress upgrades to improve functionality, security and reduce vulnerability to attack, and checking of site functionality after an upgrade (as performance can be affected). We also reserve the right to charge for fixing errors caused by your own access to and changes done to your website.

Once FTP access is given to a client D3 Marketing Ltd can accept no responsibility for failures in the website, security breaches or issues. We are happy to help resolve but reserve the right to charge for support.

We strongly recommend that all clients take a back up of their site when they have FTP access before making any changes to important files and databases.

Hosting and domains

Please see specific terms and conditions. Should hosting be cancelled or remain unpaid for a period specified, D3 Marketing Ltd reserve the right to remove the website and emails from live operation. Should hosting be cancelled the client should request a full back up of their site for their own records. D3 Marketing Ltd will not store old website files and databases for clients for a period of more than 3 months from non renewal of hosting and domains via either official cancellation or nonpayment of invoices. It is the clients responsibility to ensure payments are made and files are retained for future use.