Terms and Conditions

Introduction


Terms & conditions
1. Acceptance. A signed digital payment order or payment of an advance fee confirms the Client’s acceptance of our terms and conditions. A copy of these terms and conditions is available on our website.
2. Charges. Charges for services to be provided by Skus Digital Ltd are defined in the project quotation provided to the Client. Quotations are valid for a period of 30 days. Skus Digital Ltd reserves the right to alter or decline to provide a quotation after expiry of the 30 days.
a) Unless agreed otherwise with the Client, all website design and/or development services require an advance payment of a minimum of fifty (50) percent of the project quotation total before the work is supplied to the Client for review.
b) The remaining fifty (50) percent of the project quotation total will be due dependent on agreement specified on the completion of the work before upload to the server or release of materials or licences.
c) Website hosting and/or CMS licensing and support charges are for a minimum of 12 months and are to be paid in advance. Skus Digital Ltd reserve the right not to renew the hosting or CMS services at the end of the 12 month term. We can also
3. Client Review. Skus Digital Ltd will provide the Client with opportunities to review the appearance and content of the website during the design phase. On completion of the design, a design approval signature will be requested. Once the overall website development is completed and the site is live, a project completion approval signature will be requested, confirming that the functionality and site design are completed.to the agreed specification. This will mark completion of the project and all such materials will be deemed to be accepted and approved unless the Client notifies Skus Digital Ltd otherwise within ten (10) days of the date that the materials are made available to the Client. The Client is ultimately responsible for checking the accuracy of site content.
4. Turnaround Time and Content Control.
a) Skus Digital Ltd will install and publicly post or supply the Client’s website by the date specified in the project proposal, or at a date agreed with the Client, unless a delay is specifically requested by the Client and agreed to by Skus Digital Ltd.
b) Should the project require the Client to provide website content; data, text, images, video and/or sound files etc.,
Multi Channel | Multi Site System
These Terms and Conditions will apply to and govern all contracts under which Skus Digital Ltd agrees to supply website design, content management systems, website hosting, domain name services, email services or other associated services.
These must be provided within the timescale agreed at the commencement of the project, otherwise Skus Digital Ltd reserves the right to revise the final payment fee based on new or revised schedules. If content is not provided within four (4) weeks of the agreed date, then the Client is considered to be in default of the agreement. The project will be terminated and the final invoice will be forwarded to the Client for immediate payment. Skus Digital Ltd will agree, at its discretion, to recommence the commission after agreement is reached on a new quotation document and once the original fees have been paid.
5. Payment.
a) Invoices will be provided by Skus Digital Ltd upon completion of the work for Web Design and any associated services.
b) Invoices will be sent via email. c) Payment is due upon receipt.
d) All outstanding invoices due to Skus Digital Ltd must be paid by the Client before Skus Digital Ltd will release any website data or relevant license information.

6. Default.
a) Accounts unpaid thirty (30) days after the date of invoice will be considered in default. If the Client in default maintains any information or files on Skus Digital Ltd’s servers, Skus Digital Ltd will, at its discretion, remove all such material from its servers.
b) Skus Digital Ltd is not responsible for any loss of data, electronic post or business incurred due to the removal or suspension of the service. Removal of such material does not relieve the Client of the obligation to pay any outstanding charges assessed to the Client’s account.
c) Clients with accounts in default agree to pay Skus Digital Ltd reasonable expenses, including legal fees and costs for collection by third-party agencies, incurred by Skus Digital Ltd in enforcing these Terms and Conditions.
d) Skus Digital Ltd reserve the right to remove or suspend a website should the charges for website hosting and/or CMS licensing and support not have been paid by the stated renewal date. Skus Digital Ltd is not responsible for any loss of trade, business, or other income as a result of the removal or suspension thereof.
7. Termination.
a) Termination of services by the Client must be requested by email and will be effective on receipt of such notice.
b) The Client 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
a) The Client retains the copyright to data, files and graphic logos provided by the Client, and grants Skus Digital Ltd the rights to publish and use such material.
b) The Client must obtain permission and rights to use any information or files that are copyrighted by a third party.
c) The Client is further responsible for granting Skus Digital Ltd permission and rights for use of the same and agrees to indemnify and hold harmless Skus Digital Ltd from any and all claims resulting from the Client’s negligence or inability to obtain proper licences for the use of copyrighted material.
d) A contract for website design and/or placement shall be regarded as a guarantee by the Client to Skus Digital Ltd that all such permissions and authorities have been obtained. Evidence of permissions and authorities may be requested.
e) Design and programming of all databases, source codes, html, photographs and graphics created by Skus Digital Ltd are and remain the intellectual property of Skus Digital Ltd. Once full payment has been received from the Client, the Client will have a non-exclusive, non-transferable licence to use, but not amend, the same within their website only.
9. Standard Media Delivery.
Unless otherwise specified in the project quotation, any text to be provided by the Client is to be in electronic format (ASCII text files delivered via e-mail or FTP) and that all photographs, graphics or video provided will be of sufficient quality.
10. Design Credit.
a) A link to Skus Digital Ltd will appear in either small type or by a small graphic at the bottom of the Client’s website.
b) If a graphic is used, it will be designed to fit in with the overall site design.
c) If a Client requests that the design credit be removed, a fee of 10% of the total development charges will be applied.
11. Access Requirements.
a) The Client is required to create a Google Drive folder, and grant to Skus Digital Ltd full read/write/edit permissions. This drive will be used to store all materials required for operation of the Client’s website, and for backups of the website. The Client is responsible for safeguarding the contents of this folder. (See clause 16: Liability.)
b) If the Client’s website is to be installed on a third-party server, Skus Digital Ltd must be granted temporary read/write access to the Client’s storage directories which must be accessible via FTP.
c) Depending on the specific nature of the project, other resources might also need to be configured on the server. Such configuration changes are not included in the quoted development price, but will be quoted separately.

12. Post-Placement Alterations and Usage.
a) Skus Digital Ltd cannot accept responsibility for any alterations made to the Client’s website, by the Client or by any third party, once implemented and installed. Such alterations include, but are not limited to, additions, modifications or deletions.
b) The Client shall not cause or allow any product supplied to the Client by Skus Digital Ltd to be used in an unlawful manor.
13. Domain Names.
Skus Digital Ltd may purchase domain names on behalf of the Client. Skus Digital Ltd reserves the right to cancel any domain name registrations for which payment has not been received, within 30 days after submission of the relevant invoice. The Client shall be responsible for all renewal fees relating to any domain names purchased on their behalf by Skus Digital Ltd whether charged direct by the naming authority or by Skus Digital Ltd.
14. General.
These Terms and Conditions supersede all previous representations, understandings or agreements. An email order confirmation or payment of an advance fee constitutes agreement to and acceptance of these Terms and Conditions.
15. Governing Law.
This Agreement shall be governed by English Law.
16. Liability.
a) Skus Digital Ltd hereby excludes itself, its Employees and or Agents from all and any liability from any direct or indirect loss or damage caused, negligently or otherwise, by any:
i. inaccuracy;
ii. omission;
iii. delay or error;
iv. damage to artwork or other materials supplied in the course of the site development.
Staff Uniform Co Project
Multi Channel | Multi Site System
b). Skus Digital Ltd publishes information on the Internet using computers and communications networks which it does not own and over which it has no executive control. Skus Digital Ltd shall not be held responsible for any loss, damage or injury arising from failure of these computers and networks. Skus Digital Ltd shall not be held responsible for any loss, damage or injury arising from loss or corruption of data, whether deliberate or unintentional, whilst data is being transmitted over these networks, or processed or stored on these computers. Whilst Skus Digital Ltd endeavours to ensure that its computer systems and storage media are kept clean of viruses and other malicious or data corrupting artefacts, Skus Digital Ltd shall not be held responsible for any virus or other artefact introduced to the Client’s computers or other Information technology systems, whether from Skus Digital Ltd or any other source, nor for any loss, damage or injury arising from loss or corruption of data whilst it is held on computers or storage media owned by, or under the control of Skus Digital Ltd.
c) Force Majeure
Skus Digital Ltd shall not be under any liability for any failure to perform any of its obligations under the order due to ‘Force Majeure’. Following notification by Skus Digital Ltd to the Client of such cause, Skus Digital Ltd shall be allowed a reasonable extension of time for the performance of its obligations.
For the purposes of this condition, ‘Force Majeure’ means fire, explosion, flood, lightening, Act of God, act of terrorism, war, rebellion, riot, sabotage, telecommunication problems, software failure, hardware failure, third party interference, official strike or similar official labour dispute, or events or circumstances outside the reasonable control of the party affected thereby.
17. Severability.
In the event that any one or more of the provisions of this Agreement shall be held to be invalid, illegal or unenforceable, the remaining provisions of this agreement shall be unimpaired and the agreement shall not be void for this reason alone. Such invalid, illegal or unenforceable provision shall be replaced by a mutually acceptable valid, legal and enforceable provision, which comes closest to the intention of the parties underlying the provision in question.
18. Modification.
Skus Digital Ltd reserves the right to change or modify these Terms and Conditions without prior notice.

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