Terms and Conditions
PLEASE READ THESE TERMS AND CONDITIONS.
THESE DO NOT AFFECT YOUR STATUTORY RIGHTS UNDER UK LAW.
Gopher Digital Terms & Conditions
- The contract between Gopher Digital and the Client will be on these conditions, to the exclusion of all other terms and conditions. Any variations to these conditions shall have no effect unless agreed in writing.
- The works to be carried out shall be as set out in the Gopher Digital confirmation order email.
- Email will be the method of contact with regard to all communication for the website design & development. It is the Client's responsibility to inform us of any change in email address so we always have up to date email contact details. Gopher Digital cannot be held liable in any way relating to communication issues if we are not supplied a valid email address. Gopher Digital will acknowledge all emails within 3 working days. Our telephone support line is for website support issues only.
3a. If a customer's conduct via telephone is considered unreasonable we will insist on email communication only. Gopher Digital reserve the right to cancel a contract should customer contact be in breach of our anti-harassment policy (*). Calls made to our office are monitored and recorded.
- Gopher Digital will only commence work on a Project after receipt of a non refundable, 50% deposit of the quoted Project fee from the Client.
- The deposit paid to Gopher Digital covers the cost of design work carried out as well as any admin work and communication with Gopher Digital. The deposit is non refundable.
- Upon approval of the home page design of the client’s website the client shall pay 25% of the full website cost within 30 days. If payment is not received, the project may be terminated without a refund of any previous payments. The final 25% payment of the quoted price is to be made on completion of the website and within 30 days. The website will be switched to Live Mode once the Clients remaining balance is paid in full. If payment is not received within 30 days the project may be terminated without a refund of any previous payments.
- The unlimited design revisions offered by Gopher Digital end when the client makes the second payment of 25% of the full quoted price. Design changes beyond this point are subject to additional charges.
- Level 1 Flash animation refers to 3 hours of Flash development time on the client’s website by Gopher Digital.
- Gopher Digital shall expect the Client to carry out sufficient research before proceeding with a website. This will include checking that the website/idea/business will operate legally. It is important that the website is not in any way illegal.
- It is important for the Client to keep in contact with Gopher Digital throughout the entire Project. If a Client does not make contact for 2 weeks we will make up to 3 attempts to contact the client by email using the email address specified when the client placed their order. If we do not receive a response to these attempts of contact the Project may be terminated, and the deposit will not be refunded. We will levy a £50 admin charge if the client later returns and wishes to continue work on their project.
- Where images used on the website have been purchased by Gopher Digital on behalf of the Client, these images are strictly for use on the website only. Gopher Digital are not liable for misuse of these images by the Client or any other person’s copying, altering or distributing the images to individuals or other organizations.
- Gopher Digital will host the website if the Client requires us to do so and on receipt of full payment of our Hosting fees. In doing so, Gopher Digital will endeavor to provide a reliable and professional service to the Client at all times but do not guarantee that the website Hosting will be available at all times, especially in the event of a technical failure beyond our control.
- All standard hosting offered by Gopher Digital is limited to 500mb of website space unless otherwise stated in a separate contract. If your site requires more than 500mb of space we will advise of other hosting solutions and then cease hosting the site.
- Gopher Digital cannot be held responsible for anything adversely affecting the Client's business operation, sales, or profitability that might be claimed is a result of a service offered by Gopher Digital.
- Where asked to provide search engine optimization for a Client, Gopher Digital does not guarantee any specific placement or high ranking on search engines.
- Gopher Digital do not take any responsibility for a clients website rank on search engines. This also includes any potential website downtime that can occur. When updating, changing, creating and hosting a clients website, there could be a change in the websites search engine ranking.
- Gopher Digital will provide the Client with an expected completion date for the Project (live on the internet) if requested. Gopher Digital will endeavor to meet any given deadline, but do not guarantee and are not bound in any way to complete the Project by this date. The expected completion date provided by any employee of Gopher Digital is purely an estimate.
- It is the Client’s responsibility to check with Gopher Digital whether Open Source Software is being used or not.
- The Client shall not be charged for Open Source Software. If there is a charge for a website using Open Source Software, the Client is paying for the installation time. Open Source Software is not owned by Gopher Digital or the Client.
- Gopher Digital own all design and code of the website until final payment has been received in full. Once final payment is received, the Client will then own the design and code of the website, unless Open Source Software is used. Images will have been purchased by Gopher Digital for the Client, unless the images have been supplied by the Client. Images purchased by Gopher Digital are licensed only for use on the client website and are limited to no more than 15 images dependent on the size of the project. Item 20 is subject to item 19.
- All images displayed on the Client's website will only be used after authorization by the Client, and are the sole responsibility of the Client regarding usage and copyright. Should any legal issues or claims arise from the content or copyright of any images supplied by the Client or Gopher Digital, they will be the sole responsibility of the Client. This clause excludes images which are provided by Gopher Digital.
- Domain names will be registered by Gopher Digital and also registered to the Gopher Digital current address. Although the domain names are registered to Gopher Digital , the Client is the legal owner of the domain and if they request to have details changed or the domain transferred elsewhere, Gopher Digital will do this within a reasonable timeframe.
- A domain name will be registered by Gopher Digital on behalf of the client once we have received the 50% deposit, 25% design payment, 25% final payment and a completed creative brief.
- It is the responsibility of the Client to renew their domain names when due. If a domain name expires, Gopher Digital cannot be held liable for this. However, Gopher Digital will make reasonable effort to contact the Client regarding domain renewal.
- When a Client renews Hosting with Gopher Digital, this also includes domain renewal if the renewal is needed to keep the site functioning and was purchased as part of the Hosting package. If the Client does not renew the Hosting, their domain name could be made available to the public for purchase and Gopher Digital cannot be held liable for this.
- Renewal of Hosting is due on a yearly basis. The date of renewal will be annually from the date the website was made live. The Hosting will not be renewed if Gopher Digital cannot contact the Client or the Client requests for Gopher Digital to not host this site. This will also affect the domain as per clause 24.
- The Hosting renewal charge must be received within 10 days of the Hosting expiry date. Gopher Digital reserve the right to deactivate any website where the Hosting has expired and the Client has not paid the renewal charge. There will be an admin fee set by Gopher Digital for reactivating the website/Hosting.
- If the Client does not use Gopher Digital Hosting services, then the management and Hosting of the Domain name are the full responsibility of the Client.
- Should a Client wish to move Hosting away from Gopher Digital or transfer a Domain name away from Gopher Digital, a £50 admin charge will be issued, which must be paid before the transfer takes place.
- Gopher Digital has no control of, or responsibility for, the content of Clients’ websites. In no way does the textual or image based Content of our Client's web sites constitute Gopher Digital endorsement, or approval of the website or the material contained within the website. Gopher Digital has not verified any of the materials, images or information contained within our Client's web sites and is not responsible for the content or performance of these sites or for the Client's transactions with them. Gopher Digital provides links or references to our Client's websites solely for the convenience of prospective customers and intends that the links it provides be current and accurate, but does not guarantee or warrant that such links will point to the intended Client site at all times.
- Gopher Digital shall place a small text link on the footer of a Clients website that simply states the website was designed by Gopher Digital and links to our company website. The clients website may also be displayed on the Gopher Digital website portfolio.
- Gopher Digital are not liable for loss, damage or corruption to files or information stored on its servers or individual PCs relating to a Client's website. The Client is solely responsible for any information or files relating to its website.
- If a Domain name is purchased by the Client through a company other than Gopher Digital, the Client has full responsibility in making sure that the domain name is renewed when due. Gopher Digital will not renew the Domain name when annual Hosting renewal is due if the Domain name is purchased through a company other than Gopher Digital.
- Gopher Digital makes no claims that the contents of this website may be lawfully viewed or downloaded outside England and Wales. Access to this website may not be legal by certain persons or in certain countries. If this website is accessed from outside of the United Kingdom, it is done at own risk and the visitor is responsible for compliance with the relevant laws of the visitor’s jurisdiction. The terms and conditions of this website are governed by the laws of England and Wales. Jurisdiction for any claims arising in respect of this website’s Content shall lie exclusively with the courts of England. If any provision of these terms and conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these terms and conditions, which shall remain in full force and effect.
(*) Gopher Digital will not tolerate any form of harassment against its employees from customers or third parties and we reserve the right to cancel a contract without refund in the event of unreasonable or inappropriate conduct. This includes threatening behavior and abuse directed towards our employees thereafter any further communication must be via postal mail only.