Terms & Conditions

All services provided by Lyndon Darkes Digital Media and Print Solutions to the Customer are subject to the following terms and conditions.

1. Acceptance. By accepting our quotation and paying a deposit you are deemed to agree to our terms & Conditions.

2. Charges. Charges for services to be provided by Lyndon Darkes Digital Media and Print Solutions are defined in the project quotation that the Customer receives via e-mail. All Web site design services require an advance payment of a minimum of forty (40) percent of the project quotation total before the work can be started. The initial design is supplied to the Customer for review and on acceptance of the design a further thirty (30) percent of the project quotation total is due. The remaining percent of the project quotation total will be due upon completion of the work.

Final payment must be received prior to art work being handed over or web site being put live unless a special agreement has been reached in writing.

To keep the project running smoothly and prices down, all payments must be received in within 10 calendar days from the invoice date. If supplied designs are used in any form after the invoice date without payment being received, you will incur an additional charge of £50 per day thereafter.

After 2 months from the initial design being supplied to the Customer for review, if a project is not completed due to content being withheld or delayed, full settlement will be demanded and the project will be put on hold until all outstanding content is received. Once received the project will be completed to the exact specifications of the original quote. We do however reserve the right to increase the project total to reflect any alterations to our pricing structure.

A deposit is only refundable if work has not been carried out to the approximate value of the deposit. The value of work should be calculated at £100 per hour and should include research and development time prior to design work carried out.

Payment for services is due by cheque. Cheques should be made payable to Lyndon Darkes Digital Media and Print Solutions and sent to 27 Beechcote Avenue, Wolverley, Nr Kidderminster, Worcs. DY11 5TS.

3. Customer Review. Lyndon Darkes Digital Media and Print Solutions will provide the Customer with an opportunity to review the appearance and content of the Web site during the design and once they are completed. At the completion of the project, such materials will be deemed to be accepted and approved unless the Customer notifies Lyndon Darkes Digital Media and Print Solutions otherwise within ten (10) days of the date the materials are made available to the Customer.

4. Turnaround Time. Lyndon Darkes Digital Media and Print Solutions will install and publicly post or supply the Customer's Web site by the date specified in the project proposal, or if no such date is specified, within five weeks of the date initial payment is received from the Customer, unless a delay is specifically requested by the Customer or delay is due to the slow supply of Material by the Customer.

5. Payment. Invoices will be provided by Lyndon Darkes Digital Media and Print Solutions upon completion of the work for Web Design and any associated services. Invoices are normally sent via email; however, the Customer may elect to receive hard copy invoices. Invoices are due upon receipt. Accounts that remain unpaid thirty (30) days after the date of the invoice will be assessed a service charge in the amount of the higher of three (3%) or £60 per month of the total amount due.

6. Default. Accounts unpaid thirty (30) days after the date of invoice will be considered in default. If the Customer in default maintains any information or files on Lyndon Darkes Digital Media and Print Solutions's Web space, Lyndon Darkes Digital Media and Print Solutions will, at its discretion, remove all such material from its web space. Lyndon Darkes Digital Media and Print Solutions is not responsible for any loss of data incurred due to the removal of the service. Removal of such material does not relieve the Customer of the obligation to pay any outstanding charges assessed to the Customer's account. Cheques returned for insufficient funds will be assessed a return charge of £25 and the Customer's account will immediately be considered to be in default until full payment is received. Customers with accounts in default agree to pay Lyndon Darkes Digital Media and Print Solutions reasonable expenses, including legal fees and costs for collection by third-party agencies, incurred by Lyndon Darkes Digital Media and Print Solutions in enforcing these Terms and Conditions.

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

8. Copyright. The Customer retains the copyright to data, files and graphic logos provided by the Customer, and grants Lyndon Darkes Digital Media and Print Solutions the rights to publish and use such material. The Customer must obtain permission and rights to use any information or files that are copyrighted by a third party. The Customer is further responsible for granting Lyndon Darkes Digital Media and Print Solutions permission and rights for use of the same and agrees to indemnify and hold harmless Lyndon Darkes Digital Media and Print Solutions from any and all claims resulting from the Customer's negligence or inability to obtain proper copyright permissions. A contract for Web site design and/or placement shall be regarded as a guarantee by the Customer to Lyndon Darkes Digital Media and Print Solutions that all such permissions and authorities have been obtained. Evidence of permissions and authorities may be requested.

9. Standard Media Delivery. Unless otherwise specified in the project quotation, this Agreement assumes that any text will be provided by the Customer in electronic format (ASCII text files delivered on floppy disk or via e-mail) and that all photographs and other graphics will be provided physically in high quality print suitable for scanning or electronically in .gif, .jpeg, .png or .tiff format. Although every reasonable attempt shall be made by Lyndon Darkes Digital Media and Print Solutions to return to the Customer any images or printed material provided for use in creation of the Customer's Web site, such return cannot be guaranteed.

10. Design Credit. A link to Lyndon Darkes Digital Media and Print Solutions will appear in either small type or by a small graphic at the bottom of the primary "home" page of the Customer's Web site. If a graphic is used, it will be designed to fit in with the overall site design.

11. Access Requirements. If the Customer's Web site is to be installed on a third-party server, Lyndon Darkes Digital Media and Print Solutions must be granted temporary read/write access to the Customer's storage directories, and those directories must be accessible via FTP. Depending on the specific nature of the project, other resources might also need to be configured on the server.

12. Post-Placement Alterations. Lyndon Darkes Digital Media and Print Solutions cannot accept responsibility for any alterations caused by a third party occurring to the Customer's pages once installed. Such alterations include, but are not limited to additions, modifications or deletions.

13. General. These Terms and Conditions supersede all previous representations, understandings or agreements. The Customer's signature below or payment of an advance fee constitutes agreement to and acceptance of these Terms and Conditions.

14. Governing Law. This Agreement shall be governed by English Law.