TERMS OF BUSINESS
These terms and conditions (the "Terms") apply to all services, including website design, development, and hosting (the "Services") provided by DDS Services Limited, trading as Albany Web Design ("the Developer", "we", "us"), to any person or organization ("the Client", "you").
By commissioning us to perform work, either via a signed Quote, an email instruction, or a verbal agreement, you agree to be bound by these Terms.
1. INFORMATION ABOUT US
1.1 https://albanywebdesign.co.uk is operated by DDS Services Limited.
- Company Reg No: 3193227
- Registered Office: 312 Kimberworth Park Road, Rotherham, South Yorkshire, S61 3LS.
2. FORMATION OF CONTRACT AND SCOPE OF WORK
2.1 Each project will be governed by a specific Project Quote or Statement of Work (SOW) which outlines the deliverables, fees, and estimated timelines.
2.2 A binding contract is formed only when we confirm our acceptance of your order in writing (usually via email or a project commencement notification).
2.3 These generic Terms are incorporated into every Project Quote. If there is a conflict between these Terms and a specific Quote, the Quote shall take precedence.
3. CLIENT RESPONSIBILITIES
3.1 To perform the Services, we require your timely cooperation. This includes providing content, images, and feedback ("Client Materials").
3.2 We are not responsible for project delays caused by a lack of Client Materials or delayed feedback.
3.3 You warrant that you own or have permission to use all materials provided to us. You agree to indemnify us against any third-party claims regarding the copyright of materials you provide.
4. INTELLECTUAL PROPERTY RIGHTS
4.1 Ownership: We (or our licensors) retain ownership of all Intellectual Property Rights in the work created during the project until all Project Fees are paid in full.
4.2 Transfer of Rights: Upon receipt of final payment, we grant you a non-exclusive, perpetual license to use the website and code for its intended purpose. Ownership of custom-designed elements (graphics and specific UI) will transfer to you.
4.3 Exclusions: We retain ownership of our proprietary code libraries, tools, and background technology (including but not limited to any Backdrop CMS modules or standalone utilities prefixed with acuity_ or abms_).
5. FEES AND PAYMENT
5.1 Quotes: Prices for services are as quoted in your specific Project Quote.
5.2 VAT: All prices are subject to VAT at the prevailing rate unless stated otherwise.
5.3 Payment Terms: Unless otherwise agreed in the Quote, invoices are payable within 14 days.
5.4 Late Payment: We reserve the right to charge interest on overdue accounts at a rate of 5% above the Bank of England base rate and/or suspend hosting or development services until payment is received.
6. CANCELLATION AND CONSUMER RIGHTS
6.1 B2B (Business to Business): If you cancel a project after work has commenced, you agree to pay for all work completed up to the date of cancellation at our standard hourly rates.
6.2 B2C (Consumer Rights): If you are contracting as a consumer, you have a statutory 14-day cooling-off period. However, by instructing us to start work immediately, you acknowledge that your right to a full refund is waived for any work already performed.
6.3 Non-Refundable Deposits: Any deposits paid to secure a project start date are non-refundable unless we fail to deliver the service.
7. ACCEPTANCE AND WARRANTY
7.1 Testing: Upon completion of a project milestone, you will have a period (typically 14 days) to test the work and report any defects.
7.2 Deemed Acceptance: If no defects are reported within the testing period, or if the website is moved into a "live" environment for business use, the work is deemed accepted.
7.3 Warranty: We warrant that the website will function according to the agreed specification for 30 days following launch. This warranty is void if the code is modified by you or a third party.
8. LIABILITY
8.1 Our total liability for any claim arising out of the Services is limited to the total amount paid by you for that specific project.
8.2 We are not liable for any indirect or consequential losses, including but not limited to:
- Loss of revenue or profit.
- Loss of business or data.
- Loss of search engine ranking.
8.3 Nothing in these terms excludes liability for death or personal injury caused by our negligence or fraud.
9. DATA PROTECTION
9.1 Both parties shall comply with the UK GDPR and the Data Protection Act 2018.
9.2 Our Privacy Policy, available on our website, outlines how we process personal data.
10. FORCE MAJEURE
10.1 We are not liable for delays caused by events outside our reasonable control, including but not limited to server outages, third-party software failures (e.g., API changes), or industrial action.
11. LAW AND JURISDICTION
11.1 These Terms are governed by the laws of England and Wales. Any disputes shall be subject to the exclusive jurisdiction of the courts of England and Wales.
Important Note: These are our general terms. The specific scope, pricing, and milestones for your project will be defined in a separate Project Quote or Statement of Work provided to you at the start of our engagement.