Terms and Conditions
Terms and Conditions
You/Customer: The company/individual requesting the services of Digi Toolbox Ltd. We/us: Digi Toolbox Ltd.
All estimates/quotes are valid for 90 days. After this period the estimate/quote will either be reconfirmed, or a new estimate/quote will be provided. Concept revisions, extensive alterations, or a switch in marketing objectives can sometimes make it difficult to accurately estimate in advance the total cost of a project, however, 95% of the time the amount invoiced will be the precise amount estimated/quoted. All estimates/quotes allow for a reasonable number of amends made by the Customer, however, should a substantial number of Customer amends or additional work be required by the Customer, extra charges may apply. Unless specified on the estimate/quote, the following expenses, should they be required, will incur extra cost: printing, library images, photography, photo editing, colour printouts, illustrations, CD/DVD burning, postage and courier service.
- Acceptance of Work
Acceptance of the estimate/quote must be confirmed via receipt of signed contract, upon which the project will be scheduled into the studio.
All invoices must be paid in full within 7 days of the invoice date. Payment is Bank Transfer / BACS. Please note Digi Toolbox Ltd is a VAT registered company. Additional work required that is not specified in the agreed estimate/quotation is subject to a separate quotation and we reserve the right whether to quote or accept additional work. If additional work is accepted this may affect the delivery time of the project. A £50 service charge is payable on all overdue balances for reissuing each invoice at 28, 42, 66 and 80 days from the date of original invoice. The grant of any license or right of copyright is held by Digi Toolbox Ltd until all outstanding invoices have been paid.
You may request for a project to be cancelled by email to firstname.lastname@example.org but you are obliged to pay for any work that has been carried out prior to cancellation. Ownership of all copyrights and the original artwork shall be retained by Digi Toolbox, and a cancellation fee for work completed, and expenses already incurred, shall be paid by the Customer. Cancellation fee is based on the hours submitted, if the project is on an hourly basis or a percentage based on the time estimate for the entire job. A 100% cancellation fee is due once the Initial design/concept has been delivered, whether delivered to the Customer or not. All payments are non-refundable upon commencement of the project. If the project is on an hourly basis and project is cancelled by the Customer, the Customer agrees to pay no less than 100% of the hours already billed for the project at the time of cancellation plus a flat fee of £250 or 50% of the remaining hours that were expected to be completed on the project, whichever is greater.
We will contact you via email and/or telephone to remind you of payments if they are not received when due. The Customer shall assume responsibility for cost outlays by Digi Toolbox Ltd in all collections of unpaid fees and of legal fees necessitated by default in payment. Invoices in default will include but are not limited to fees for collection and legal costs.
If the project/projects stops due to no communication or on hold due to waiting for information from Customer, for a duration of at least 14 days, the project will be placed on hold until we are contacted by the Customer.
We understand the importance of completing projects on time and so therefore require that you adhere to the following: You must provide all information and content required in good time to enable us to complete the work as part of an agreed project schedule. Digi Toolbox Ltd reserves the right to use subcontractors as part of a project if needed to deliver on time.
Unless specified within the estimate/quote it is assumed that you will supply all images and content. If you require copywriting and/or images we can provide a quote from relevant contacts and/or image libraries. We will not take any responsibility for any copyright infringements caused by materials supplied.
- Changes/Amendment Requests
Any changes/amends for projects are to be requested in writing by email. After a reasonable number of changes/amends have been completed, Digi Toolbox Ltd reserves the right to send a separate quotation for any further alterations (you will be advised prior to this). The Customer must assume that all additions, alterations, changes in content, layout or process changes requested by the Customer, will alter the time and cost. The Customer shall offer Digi Toolbox Ltd the first opportunity to make any changes.
- Errors & Omissions
It is the Customer’s responsibility to check proofs thoroughly for accuracy in all respects, ranging from spelling to technical illustrations. Digi Toolbox Ltd is not liable for errors or omissions. Your signature or sign-off via email (with approved PDF attached) is required on all design and artwork prior to release for printing or other implementation.
- Printing/Image Costs
Digi Toolbox Ltd reserves the right to ask for immediate payment to cover up front costs such as images or print. Should images be required for the project and need to be purchased online, we may ask for you to pay for this at the time of purchase. Depending on the terms of payment of the printers being used, we may require the print costs to be paid immediately to cover our costs to them.
Digi Toolbox Ltd retains ownership of all original artwork, whether preliminary or final, and the Customer shall return such artwork within 30 days of use unless indicated otherwise below. If transfer of ownership of all rights is desired, the rates may be increased. If the Customer wishes the ownership of the rights to a specific design or concept, these may be purchased at any time for a recalculation of the hourly rate on the time billed or the entire project cost.
We (and any third party associates we employ) shall use information provided by you in accordance with the Data Protection Act 1998.
From time-to-time circumstances beyond the control of either party may result in the need for project cancellation. In the event of the Customer cancelling a project after a project has commenced, the advance payment will be forfeited in lieu of compensation to Digi Toolbox Ltd. This is to cover design and administration time spent, resources purchased and allocated, research time and administration costs.
If a project is cancelled by Digi Toolbox Ltd, due to unforeseen circumstances, the deposit will be refunded in full to the Customer in a timely manner.
In the event of cancellation of the project by the Customer, ownership of all copyrights and the original artwork and disks shall be returned and retained by Digi Toolbox Ltd.
Any images/copywriting/hosting/software/domains etc that have been purchased as part of the project cannot be refunded. Refunds will be processed within 30 business days of the request by you, if there is a refund amount due based on the terms above.
- Dispute Resolution
The Customer shall pay all arbitration and court cost, reasonable attorney’s fees, and legal interest on any award of judgment in favour of Digi Toolbox Ltd. All actions, whether brought by the Customer or by Digi Toolbox Ltd will be filed in the company’s state/county of business/residence.
- Service Notice Period
The parties to this agreement, hereinafter referred to as the "Service Provider" and the "Client," agree to a notice period of 90 days, which shall be applicable at the end of the agreed contract term.
In the event that the contract term exceeds the agreed period, this notice period of 90 days shall still apply unless otherwise agreed upon in writing by both parties.
The notice period shall commence from the date on which either party provides a written notice of termination to the other party, clearly stating the intention to terminate the services provided under this agreement.
During the notice period, both parties shall fulfill their respective obligations and continue to perform under the terms of this agreement, unless otherwise agreed upon in writing by both parties.
In the event that either party fails to provide the required 90-day notice period, the defaulting party shall be liable to compensate the non-defaulting party for any damages incurred as a result of such failure to provide notice, including but not limited to financial losses and costs associated with finding a suitable replacement service provider.
In the event of termination, both parties shall cooperate in good faith to ensure a smooth transition of services to an alternative provider or to facilitate an orderly wind-down of operations, as applicable.
This notice period provision shall survive the termination or expiration of this agreement, regardless of the reason for such termination or expiration.
Any modification or amendment to this notice period provision must be made in writing and signed by both parties to be valid and enforceable.
- Changes to the T’s & C’s
Digi Toolbox Ltd reserves the right to modify the above terms and conditions at any point of time, including the time of an ongoing contract and changes in the terms and conditions will be notified to the clients through the company website(s).
- Acceptance of T’s & C’s
Please note that by accepting to proceed with an estimate/quote for services provided by Digi Toolbox Ltd you are agreeing to all of our terms of service as written here.