Terms and Conditions
Terms of Business
This World Wide Website is owned and operated by Adam Harding, trading as Diligence Digital and Sussex Designs. Registered Office: Railview Lofts, 19c Commercial Road, Eastbourne, East Sussex BN21 3XE.
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 Digital. The terms and conditions will only cease to be applicable when any such agreement is terminated by Diligence Digital.
Charges for services to be provided by Diligence Digital 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 Digital reserves the right to alter or decline to provide a quotation after expiry of the 30 days.
All quotes for new projects will include an up front payment at the start of the project. No work will be undertaken until this payment has been made. The final payment will be due upon completion of the work to the specification provided in the initial brief. Until this final payment is received all code remains my property and may not be used by the client for anything other than testing purposes.
All payments should be received within 30 days of invoices being submitted. Customers agree that any payment failures will result in them taking on board expenses such as legal expenses including third parties sent to collect.
While I try imy utmost to provide products without any errors I cannot accept any responsibility for any losses due to product malfunction, the website, the hosting or any part of it. I do not accept liability for any damage caused by negligent use of code, websites or apps I have created. I do not accept liability for any damage or loss caused by negligent activity of its third party suppliers. I will not be held liable for any costs, loss of earnings, compensation if a deadline is not met. I will not be held responsible for any alterations made post hand over of the project to the customer/client. Once a project has been paid for in full the client is assumed to be 100% satisfied with the 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 my hourly rate.
The client may cancel any project, maintenance agreement, hosting or retainer at any time and with immediate effect. Any invoices already issued will still require payment unless otherwise stated by myself in email.
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. 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 Digital 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 Digital cannot accept any responsibility for any losses due to hosting failure, downtime or malfunction. Diligence Digital does not accept liability for any damages caused by negligent use of Diligence Digital products. Diligence Digital 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 Digital 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 Digital 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 Digital or the owner of the mark, as appropriate, is strictly prohibited. Diligence Digital owns the copyright of any scripts, .cgi applications or software written by Diligence Digital. Only with written permission can these be commercially reproduced or resold. Diligence Digital 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 Digital to respond expeditiously to claims of intellectual property infringement. Diligence Digital 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 Digital 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 Digital, reserves the right to change our terms and conditions at any time.
This agreement is subject to the jurisdiction of the English Legal System.