The terms below are regarding all services offered by VYBE DIGITAL and are effective from 7th October 2019. These Terms & Conditions are subject to change and may be updated periodically to ensure that customers are receiving the best service possible. It is the customer’s responsibility to read the associated Terms & Conditions for each service requested.
The term ‘VYBE DIGITAL’ or ‘our’ or ‘we’ or ‘us’ refers to the owner of the website. The term ‘customer/client’, ‘customer’s/client’s’, you’, ‘your’, ‘their’, refers to the customer.
Quotations will expire after a 30 day period. Day 1 being the date stated on the quotation.
If the customer is happy with the quotation and would like to proceed, VYBE DIGITAL will send the customer an invoice for work to be carried out.
CONTRACT OF WORK
Payment and receipt of the deposit initiates the contract of work between VYBE DIGITAL and the customer.
The contract will start on receipt of the deposit and will end once the work has been handed over to the customer.
Early termination of the contract must be made in writing to email@example.com.
VYBE DIGITAL reserves the right to refuse to handle:
- Any media that is unlawful or inappropriate
- Any media that contains a virus or hostile program
- Any media that constitutes harassment, racism, violence, obscenity, harmful intent or spamming
- Any media that constitutes a criminal offence, or infringes privacy or copyright
The customer hereby agrees that all media and content made available to VYBE DIGITAL for use in the project are either owned by the customer or used with full permission of the original authors. The customer agrees to hold harmless, protect and defend VYBE DIGITAL from any claim or suit that may arise as a result of using the supplied media and content.
The deposit for work is set at 50% of the total given price. Deposits must be made in full before any work can commence.
Payment and receipt of the deposit initiates a contract of work between VYBE DIGITAL and the customer. By paying the deposit, the customer agrees that they have read and agree to these Terms & Conditions laid out by VYBE DIGITAL.
Termination of the contract will NOT result in a refund.
An invoice will be sent to the customer before any work begins. The invoice will breakdown the requested services and associated fees. The invoice will also state the deposit amount, which will equate to 50% of the invoice total. All payments can be made using PayPal or by direct bank transfers.
If at any point during the contract the customer requests to add or remove services, they will be sent an updated invoice. The updated invoice will list the original and newly requested services/remaining services and associated fees, the deposit amount (which will be shown as paid in full), the new total for all services requested/remaining services, and the amount remaining to be paid on completion of work.
On completion of work the customer will be requested to make the final payment in full before any work can be handed over to them. There are no exceptions for non-payment. Failure to make the final payment in full will result in the work not being handed over to the customer. Failure to make the final payment in full will also result in the customer losing the rights to the work done by VYBE DIGITAL. Final payment indicates that the customer is satisfied with the work and thereby ends the contract for work with VYBE DIGITAL – no refunds are eligible.
Upon entering into a contract of work with VYBE DIGITAL, the customer agrees that they will remain in communication with VYBE DIGITAL throughout the project life.
No contact for a period of 60 days will result in a request for all payments to be made in full before work can re-commence. No contact for 6 months will result in a cancellation of the contract of work and deletion of all associated files.
The client is obligated to remain in contact with VYBE DIGITAL throughout the life of the project and to provide all requested materials for use within the timescales provided to them. The client is obligated to pay all monies outstanding before any work can be delivered to them. Other obligations may come into effect dependent on the services being purchased, which will be discussed with the client at the start of the contract.
HANDOVER & OWNERSHIP OF WORK
Work will be handed over to the customer only when the final payment has been made in full. The customer will not own the work until the final payment has been made and received in full.
Once the work has been handed over to the customer, any further changes requested will be chargeable at the hourly development rate of £35.
Any logo/other design concepts that have been created but discarded by the customer for use will remain the property of VYBE DIGITAL. At sole discretion VYBE DIGITAL may from time to time put these designs up for (re)sale. The customer agrees that their ownership rights fall only for the final logo designed for them once paid for in full.
ACCREDITATION OF WORK
By entering into a contract with VYBE DIGITAL, the customer will also be agreeing to display a link of accreditation of the work done by VYBE DIGITAL on any website or other online work created for the customer. This may be in the form of a small logo, single line of text and/or hyperlink at the bottom of the work.
The customer agrees that VYBE DIGITAL reserves the right to include any work done for the customer in a portfolio of work which will be displayed in VYBE DIGITAL promotional materials.
The customer agrees to abide by the terms of any third party software or media included within any work done for the customer. Examples of this include, but are not limited to, Google Maps, Media under the Creative Commons license, RSS feeds, Open Source GPL Software etc.
SUBSCRIPTIONS (PAY MONTHLY) SERVICES
Subscriptions (pay monthly) services will start on the same day the work is handed over to the customer and is payable on the same date every calendar month.
The customer can cancel the subscription (pay monthly) service by giving 30 days written notice to firstname.lastname@example.org. The subscription (pay monthly) service will end 30 days after the written notice has been received by VYBE DIGITAL.
Subscriptions (pay monthly) services are not eligible for refunds where the invoice for the next month has already been drawn up and issued.
Development rates are set at £35 per hour. These rates will apply to any alteration work required by the customer that either falls outside of the selected package/individual service terms or after the initial project has been handed over.
Each service requested by the customer will come with an estimated completion date, which is based on the number of days it should take for the work to be carried out. The completion date may be extended if content is not supplied by the customer by given deadlines, or in the event of unforeseen circumstances.
Each working day equates to 8 hours and working days are Monday to Friday.
The customer can cancel the contract of work by giving written notice to email@example.com. This does not mean any refund will be due.
Subscription (pay monthly) services require a 30 day notice for cancellation firstname.lastname@example.org.
Outstanding payments are payments that have not been made by the deadline date given to the customer.
Work will not be handed over to the customer until all payments have been made and received in full.
The customer will not own any work until all payments have been made and received in full.
Failure to pay all outstanding balances may result in legal action being taken and the money outstanding being passed to a debt collector.
LIABILITY AND WARRANTY DISCLAIMER
VYBE DIGITAL provides all services thereof on an ‘as is’ basis and makes no warranties with regard to the site and its contents, or fitness of services offered for a particular purpose. VYBE DIGITAL cannot guarantee the functionality or operations of their website or that it will be uninterrupted or error free, nor does it warrant that the contents are current, accurate or complete.
The customer agrees that VYBE DIGITAL is not liable for any bugs, performance issues or failure of WordPress and/or WooCommerce and/or One.com software. Any bugs, performance issues or failure with the software will be directed to the WordPress and/or WooCommerce and/or One.com community via https://www.wordpress.com/ and/or https://www.woocommerce.com and/or https://www.one.com.
The customer agrees that VYBE DIGITAL is not liable for any bugs, performance issues or failure of MailChimp software as MailChimp is maintained and developed by an in-house team of developers. Any bugs, performance issues or failure with the software will be directed to MailChimp via https://mailchimp.com/.
VYBE DIGITAL endeavours to provide services within the given delivery time scales to the best of its ability. However, the customer agrees that VYBE DIGITAL is not liable for any claims, losses, costs incurred or compensation due to any failure to carry out services within a given delivery time scale.
The customer agrees that VYBE DIGITAL is not liable for any failure to carry out services for reasons beyond its control, including but not limited to acts of God, telecommunication problems, software failure, hardware failure, third party interference, Government, emergency on a major scale or any social disturbance of extreme nature such as industrial strike, riot, terrorism and war or any act or omission of any third party services.
VYBE DIGITAL is not liable for any consequences or financial losses such as, but not limited to, loss of business, profit, revenue, contract, data or potential savings, relating to services provided.
On handover of files from VYBE DIGITAL to the customer, the customer shall assume entire responsibility in ensuring that all files are functioning correctly before use.
Whilst every effort is made to make sure files are error free, VYBE DIGITAL cannot guarantee that the display or functionality of a web design, a website or any templates will be uninterrupted or error free. If, after handover of files, errors are found in code VYBE DIGITAL has created and the standard development platform, domain name set-up and hosting set-up are the same as when work began, then VYBE DIGITAL can correct these errors for the customer free of charge for a period of 1 month (unless specified otherwise in writing), after acceptance of the work. After the 1-month period, VYBE DIGITAL reserves the right to quote separately for any work involved in correcting an error.
If, after handover of work, errors are found in code VYBE DIGITAL has created and the standard development platform, or the domain name set-up or hosting set-up have been changed, VYBE DIGITAL can correct errors and reserves the right to quote separately for any additional work needed as a result of changes to the browser software, domain name set-up or hosting set-up.
Should the customer go into compulsory or involuntary liquidation or cannot pay its debts in the normal course of business, VYBE DIGITAL reserves the right to cancel forthwith any projects and invoice the customer for any work completed.
VYBE DIGITAL shall have no liability to the customer or any third parties for any damages, including but not limited to claims, losses, lost profits, lost savings, or other incidental, consequential, or special damages arising out of the operation of or inability to operate these web pages or website, even if VYBE DIGITAL has been advised of the possibility of such damages.
There are sometimes laws and taxes that affect Internet e-commerce. The customer agrees that it is their responsibility to comply with such laws and will hold harmless, protect, and defend VYBE DIGITAL and its subcontractors from any claim, suit, penalty, tax, or tariff arising from the customer’s exercise of Internet e-commerce.
VYBE DIGITAL may from time to time recommend to the customer that updates are needed to their site, including but not limited to new legislation compliance, software compatibility and web standards. VYBE DIGITAL reserves the right to quote for any updates as separate work. The customer agrees that VYBE DIGITAL is not liable for any failure to inform or implement these updates to their site. The customer agrees that it shall defend, indemnify, save and hold VYBE DIGITAL harmless from any and all demands, liabilities, costs, losses and claims arising from omission to inform or implement these updates.
The customer agrees to use all of VYBE DIGITAL services and facilities at their own risk and agrees to defend, indemnify, save and hold VYBE DIGITAL harmless from any and all demands, liabilities, costs, losses and claims, including but not limited to legal fees against VYBE DIGITAL or its associates that may arise directly or indirectly from any service provided or agreed to be provided or any product or service sold by the customer or its third parties. The customer agrees that this indemnification extends to all aspects of all services and packages, including but not limited to website content and choice of domain name. The customer also agrees to indemnify, hold harmless and defend, VYBE DIGITAL against any liabilities arising out of injury to property or person caused by any product or service sold by the customer or any service provided or agreed to be provided or by third parties, including but not limited to infringement of proprietary rights, misinformation, infringement of copyright, delivery of defective services or products that are harmful to any company, person, business, or organisation.
VYBE DIGITAL agrees that, unless directed by the customer, that at any time during or after the term of this agreement, any confidential information will not be disclosed. The customer agrees that it will not convey any confidential information about VYBE DIGITAL to another party, unless directed by VYBE DIGITAL.
Complaints can be made in writing to email@example.com. All complaints will be looked into. Please allow up to 30 days.
If the customer does not own a domain name, one will be acquired for them – subject to availability. The fee for the domain name and the first 12 months of hosting is included in every website service/package offered by VYBE DIGITAL. Additional domains required will incur an additional fee which will be discussed with the customer.
VYBE DIGITAL will select a hosting package from One.com that is suitable for the customer’s website requirements. Customers requiring larger, more complex websites will require a larger capacity hosting account which may result in monthly fees payable directly to One.com. The customer’s website requirements and recommended hosting package will be discussed with the customer before any purchases are made.
Domain names and hosting accounts are purchased from One.com and are done so as part of a domain name and hosting package with One.com. After 12 months the customer will be responsible for paying One.com directly to renew ownership of their domain name and hosting space. Failure to pay renewal fees will result in the domain name becoming available for purchase for someone else. This will also result in the hosting account being cancelled by One.com and any outstanding fees recoverable. The customer’s website will no longer be available to view online. One.com set their own renewal fees which are payable once every 12 months, directly to One.com. One.com’s current renewal fees can be viewed at https://www.one.com/en/info/prices.
It is the customer’s responsibility to ensure they provide the correct spellings for the domain name as once purchased it cannot be changed. Incorrect spellings given will result in an additional fee issued by One.com to allow VYBE DIGITAL to purchase the correct domain name – subject to availability. If the fault lies with VYBE DIGITAL they will cover the additional fees issued by One.com for a new domain name.
If the customer already owns a domain name and/or hosting account, they will be required to transfer their current domain to One.com and a hosting account from One.com will be added for them as part of their website service/package with VYBE DIGITAL. The customer will need to have access to the account for their current domain name as they will be required to input a transfer code in order to switch to One.com. The customer will need to accept and confirm the transfer via email so must also have access to the email account they used to purchase their domain name.
Depending on the domain extension (.co.uk, .com, .etc) the transfer can take a number of days. In order to avoid delays it is important that the customer follows any given steps necessary to initiate and complete the transfer process. As a guide .co.uk domains take 24-48 hours to transfer, .com and other top level domains can take 5-10 days to transfer.
The customer understands that they are responsible for their chosen domain once purchased and in the case of domain transfer, is the owner of the domain to be transferred. VYBE DIGITAL accepts no liability for issues arising from misused domains/domain names and/or unauthorised use/transfer.
It is the customer’s responsibility to read fully the Terms & Conditions laid out by One.com in regards to domain name and hosting account services. One.com’s Terms & Conditions can be found at https://www.one.com/en/terms-and-conditions-gbp. By entering into a contract for services with VYBE DIGITAL for website services, the customer understands that they are agreeing to the entirety of these Terms & Conditions and that the customer is also confirming that they have read in full and accepted the Terms & Conditions laid out by One.com for domain name and hosting account services.
The customer understands that VYBE DIGITAL is a separate entity to and is not partnered with One.com. VYBE DIGITAL simply purchases domain name and hosting account services FOR the customer ON BEHALF of the customer.
VYBE DIGITAL accepts no liability in regards to any losses incurred by the customer, as a result of hosting and domain name services provided by One.com. By accepting these Terms & Conditions the customer understands that VYBE DIGITAL makes domain name and hosting purchasing easier for the customer, by purchasing and setting up the domain and hosting from One.com for them. VYBE DIGITAL accepts no liability in regards to any issues arising for the customer, as a result of hosting and domain name misuse conducted by the customer.
BESPOKE WEB DESIGN
VYBE DIGITAL offers bespoke website design services for customers on request. Each website is coded from a blank page, with the exception to E-Commerce website services which will incorporate WordPress and WooCommerce for the store side of the site.
CONTACT FORM EMAILS
VYBE DIGITAL will make efforts to reduce any possibility of spam form submissions, but will not be liable for any spam that may pass through to the customer’s given email address.
FULL CONTENT INSERTION
Content provided by the customer will be inserted into the website on the approved web pages. Content needs to be provided by the customer in a timely manner to avoid delays on website completion.
SOCIAL MEDIA INTEGRATION
The customer’s social media accounts will be linked to the customer’s website. The social media links can be displayed in the form of icons or buttons. The customer will be responsible for providing the correct social media account usernames, passwords and/or direct links to the social media accounts.
Every website package includes responsive pages. VYBE DIGITAL will ensure that the customer’s website displays cleanly on desktops, laptops, tablets and mobile phones. The responsive pages feature does not mean that separate ‘mobile’ websites will be created. One main website will be created that resizes to display each page’s content cleanly, depending on the size screen the website is being viewed on.
On-Page SEO is a free service provided by VYBE DIGITAL as part of the website services/packages and includes meta tags, keywords, internal linking, image tags, search engine friendly URLs, responsive pages, content and meta optimisation. The On-Page SEO does NOT involve any marketing for the customer. Marketing services may be purchased additionally.
VYBE DIGITAL will incorporate On-Page SEO practices to aim to help the customer’s website rank higher in search engine results. The On-Page SEO service provided by VYBE DIGITAL does not guarantee that the customer’s website will rank on the first few pages of search engine results. Website ranking is determined by the search engine and is done using complex algorithms determined by the search engine company. These are updated regularly and differ with every search engine.
SECURE SOCKETS LAYER (SSL) CERTIFICATE
The Secure Sockets Layer (SSL) Certificate is provided by One.com and comes with your domain name and hosting account. An SSL Certificate will only be provided for the customer’s website whilst they have an ongoing subscription with One.com. If the customer’s account with One.com is terminated by the customer or by One.com, the customer’s website will no longer benefit from having an SSL Certificate.
VYBE DIGITAL does not deal with SSL Certificates in any way – apart from to ensure that it is in use. The service is provided solely by One.com. More about SSL Certificates and the service provided by One.com can be found at https://www.one.com/en/ssl-increases-security.