Terms and Conditions
Terms of Business
This World Wide Website is owned and operated by Diligence Group Ltd, trading as Diligence Digital, a company owned by James Marchant, Adam Harding and Adam Whitnall. Registered Office: Railview Lofts, 19c Commercial Road, Eastbourne, East Sussex BN21 3XE. Diligence Group Ltd owns the brand and company Pixel Puppet LLP (Pixel Puppet Web Design Studio) and the brand Sussex Designs.
These terms and conditions govern your use of Diligence Group Ltd & Products. Please read through the Terms. If you do not agree with the Terms, then you do not agree with Diligence Group Ltd terms of business. If you reach agreement by Diligence Group Ltd, your acceptance indicates that you agree to be bound by the Terms.
Your access to and use of Diligence Group Ltd website is subject to the following terms and conditions ("Terms and Conditions") and all applicable laws. By accessing and browsing, purchasing products of Diligence Group Ltd, you accept, without limitation or qualification, these Terms and Conditions, and acknowledge that any other agreements between you and Diligence Group Ltd are superseded and of no force or effect.
By using our services you are agreeing to our terms and conditions and you promise to abide by them henceforth. Continued use is an implied acceptance of agreement of the 'Terms and Conditions' and is a promise to abide by the terms and conditions for any future use or dealings with Diligence Group Ltd. The terms and conditions will only cease to be applicable when any such agreement is terminated by Diligence Group Ltd.
Any breach of the 'Terms' will be at the discretion of Diligence Group Ltd and shall be determinable by Diligence Group Ltd whether any such breach shall amount to breach of contract and shall repudiate any contract in force.
Diligence Group Ltd will only enter in to contracts with those that are of 18 years or over, those wishing to enter into a contract below that age must do so with a guarantor over the age of 18 years of age that is agreed to be suitable by Diligence Group Ltd. This decision is purely at the discretion of Diligence Group Ltd.
Charges for services to be provided by Diligence Group Ltd are defined in the project quotation that the Client receives via e-mail or in a proposal. Quotations are valid for a period of 30 days. Diligence Group Ltd reserves the right to alter or decline to provide a quotation after expiry of the 30 days.
Unless agreed otherwise with the Client, Diligence Group Ltd shall undertake no work until a minimum of 30% of the invoiced sum is received by Diligence Group Ltd and cleared confirmation is confirmed by a designated bank as determined by Diligence Group Ltd. It is the discretion of Diligence Group Ltd whether they shall undertake such work without a 30% deposit. The remaining 70% of the total remaining sum shall be payable by return of invoice. Diligence Group Ltd prices do not cover the release of source files such as .png and .fla files or photographs taken by Diligence Group Ltd. The customer must obtain a separate quote for such items. Initial payment will be requested by Diligence Group Ltd for the deposit seven days before any work is undertaken. The final payment will be requested by an invoice on completion of service. Payment shall not be received any later than upon the day of completion. The invoice will be via post (hard copy) unless the customer/client specifically states they require an additional emailed copy. Payment accepted by cheque or BACS Transfer. Cheques made payable to Diligence Group Ltd and addressed and mailed to: 20 Wellington Square, Hastings, East Sussex, TN34 1PB.
A further charge of £30 per month or 2% per month (whichever is higher) of the outstanding payment will be charged until payment is received along with the product and all materials being removed from the servers. Diligence Group Ltd will not be held responsible for any losses related to removing the product from the servers. Returned payments will result in the customer accruing an instant £30 fee added to the clients account balance. Customers agree that any payment failures will result in them taking on board expenses such as legal expenses including third parties sent to collect.
Diligence Group Ltd tries its utmost to provide products without any errors. We cannot accept any responsibility for any losses due to product malfunction, the website, the hosting or any part of it. Diligence Group Ltd does not accept liability for any damage caused by negligent use of Diligence Group Ltd products. Diligence Group Ltd does not accept liability for any damage or loss caused by negligent activity of its third party suppliers. Diligence Group Ltd offers the customer the chance to review the product during the design stages via the use of a prototype design. The customer is allowed up to three revisions of the prototype design unless otherwise stated. Once the customer is in acceptance of the prototype, written verification will be required to confirm that the design is the design, which is to be purchased. Once this agreement is made non payment will stand as a repudiatory breach of contract. The customer will also be allowed to review the finished product and suggest minor alterations (textual changes, small image alterations, small colour alterations or alterations that will not take any more than 10% of the scheduled hours planned to produce the product). The product will be deemed accepted unless the customer contacts Diligence Group Ltd within 7 days from the date the product is made available to them. Diligence Group Ltd will endeavour to complete a product/service by the date stated or within 4 weeks if there is no date stated. However Diligence Group Ltd cannot be liable for any delays that occur that could not be reasonably foreseeable at the time the work was originally undertaken. Diligence Group Ltd will not be held liable for any costs, loss of earnings, compensation if a deadline is not met. Diligence Group Ltd will not be held responsible for any alterations made post hand over of the project to the customer/client. Content and images needed to begin work will be agreed at least 7 days prior to the work commencement date or by an agreed date if expressively agreed by both parties via email or in writing. If discussions begin less than 7 days prior to the work commencement date then the content and images will be required 7 days from that point or by an agreed date if expressively agreed by both parties via email or in writing. Diligence Group Ltd requires all agreed content and images from the customer prior to the work commencement date or by the date agreed. Failure to do so will incur an extra cost of £10 per day unless expressively agreed by both parties via email or in writing and before the commencement of any work. If the content and images are not received within 8 weeks from the work commencement date then the customer is considered to be in violation of the agreement, the work will be terminated and the customer will be invoiced with the outstanding payment required immediately. Once Diligence Group Ltd has been paid for in full, Diligence Group Ltd accepts the client is 100% satisfied with our work/product/website/services and the ownership of the product/website is then the clients. After this point, unless a maintenance agreement is taken, any changes, bug fixes or errors will be chargeable at Diligence Group Ltd hourly rate.
All termination to agreements or ongoing work, must be given one months notice. Termination requests will be accepted if received in writing with the customer's signature. No other requests other than in writing with the customer's signature will be accepted. The customer will be invoiced for services up until the date the termination request was first received. Diligence Group Ltd reserves the right to terminate working with a client at any time. Any rude attitude towards our staff will not be tolerated. In the extremely unlikely event that this should happen, Diligence Group Ltd will refund the full amount for any ongoing works (not historical) and will terminate the relationship with immediate effect.
All products and services sold under our Sussex Designs trading brand are tied with our custom built content management system called eSuite. eSuite technology and the code and associated files are the property of Sussex Designs (Diligence Group Ltd). Website packages purchased have to be hosted with Sussex Designs and the Sussex Designs Server. The only files that can be migrated away will be content and images that the client provided when the website was created.
Sussex Designs projects are subject to the following additional terms:
- Client is responsible for the loading of any and all website content
- Client is responsible for the sourcing of imagery (and payment of licencing fees where required)
- Any projects which continue for more than 12 months beyond the deadline date due to client delays (without reasonable cause) will be subject to termination and any payments made will not be refunded
Diligence Group Ltd reserve the right to cancel your hosting account on our server(s) at anytime without notice. Any improper use by the client may result in immediate termination of the Company's service. We do not and cannot guarantee 100% uptime for hosting services. If and when any service disruption occurs we will aim to restore our hosting services as quickly as possible. If in the event of a major server failure, we will notify customers as soon as possible (up to 72hrs). Diligence Group Ltd cannot accept any responsibility for any losses due to hosting failure, downtime or malfunction. Diligence Group Ltd does not accept liability for any damages caused by negligent use of Diligence Group Ltd products. Diligence Group Ltd cannot accept liability for any damage and/or disruption caused by any form of hacking, malware, spam or any other malicious attack on any website. Diligence Group Ltd cannot accept liability for any security issues or breaches on any website. Each client owns their website and therefore has ultimate responsibility for the safety, security, maintenance and ensuring the website operates/functions correctly no matter the service level agreement in place. To cancel a hosting package, please send an email with notification 1 month before the hosting is due for renewal, failure to pay for hosting invoices will result in the hosting account being shut down on the day of renewal.
All other marks that appear throughout the Products and Services belong to Diligence Group Ltd or the respective owners of such marks, and international copyright and trademark laws. Any use of any of the marks appearing throughout the Products and Services without the express written consent of Diligence Group Ltd or the owner of the mark, as appropriate, is strictly prohibited. Diligence Group Ltd owns the copyright of any scripts, .cgi applications or software written by Diligence Group Ltd. Only with written permission can these be commercially reproduced or resold. Diligence Group Ltd reserves the copyright and intellectual property rights of all website designs and creative/artwork designs.
Intellectual Property Infringement Claims
It is the policy of Diligence Group Ltd to respond expeditiously to claims of intellectual property infringement. Diligence Group Ltd will promptly process and investigate notices of alleged infringement and will take appropriate actions under the applicable intellectual property laws. Upon receipt of notices of infringement Diligence Group Ltd will act expeditiously to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity and will act expeditiously to remove or disable access to any reference or link to material or activity that is claimed to be infringing.
A discreet link to Diligence Digital or Sussex Designs will appear at the bottom of each page of the website.
Diligence Group Ltd, reserves the right to change our terms and conditions at any time.
This agreement is subject to the jurisdiction of the English Legal System.