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Website terms & conditions.

Updated 08/08/2019.

Please read these terms of use carefully before you start to use the site. By using our site, you indicate that you accept these terms of use and that you agree to abide by them. If you do not agree to these terms of use, please refrain from using our site.

Reliance On Information Posted & Disclaimer
The materials contained on our site are provided for general information purposes only and do not claim to be or constitute legal or other professional advice and shall not be relied upon as such.

We do not accept any responsibility for any loss which may arise from accessing or reliance on the information on this site and to the fullest extent permitted by English law, we exclude all liability for loss or damages direct or indirect arising from use of this site.

Information about us
Dalestudios.co.uk is a site operated by Dale Studios (Leicester) Ltd. (“We”); we are a Company registered in England and Wales under registration number 2456147. Our registered office is West Walk Building, 110 Regent Road, Leicester, LE1 7LT. We have other offices at Knighton Junction Lane, Leicester, LE2 6AR. Our VAT number is 536081258.

Accessing our site
Access to our site is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our site without notice (see below). We will not be liable if for any reason our site is unavailable at any time or for any period.

Intellectual property rights
We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

You may print off one copy, and may download extracts, of any page(s) from our site for your personal reference and you may draw the attention of others within your organisation to material posted on our site.

You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

Our status (and that of any identified contributors) as the authors of material on our site must always be acknowledged.

You must not use any part of the materials on our site for commercial purposes without obtaining a licence to do so from us or our licensors.

If you print off, copy or download any part of our site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

Our site changes regularly
We aim to update our site regularly, and may change the content at any time. If the need arises, we may suspend access to our site, or close it indefinitely. Any of the material on our site may be out of date at any given time, and we are under no obligation to update such material.

Our liability
The material displayed on our site is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we, and third parties connected to us hereby expressly exclude:

All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our site or in connection with the use, inability to use, or results of the use of our site, any websites linked to it and any materials posted on it, including, without limitation any liability for:

  • loss of income or revenue;
  • loss of business;
  • loss of profits or contracts;
  • loss of anticipated savings;
  • loss of data;
  • loss of goodwill;
  • wasted management or office time; and

for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, provided that this condition shall not prevent claims for loss of or damage to your tangible property or any other claims for direct financial loss that are not excluded by any of the categories set out above.

This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.

Information about you and your visits to our site
We process information about you in accordance with our privacy policy http://dalestudios.co.uk/privacy-policy. By using our site, you consent to such processing and you warrant that all data provided by you is accurate.

Viruses, hacking and other offences
You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack.

By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.

We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any material posted on it, or on any website linked to it.

Links from our site
Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. When accessing a site via our website we advise you check their terms of use and privacy policies to ensure compliance and determine how they may use your information.

Jurisdiction and applicable law
The English courts will have non-exclusive jurisdiction over any claim arising from, or related to, a visit to our site.

These terms of use and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.

Variations
We may revise these terms of use at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we made, as they are binding on you. Some of the provisions contained in these terms of use may also be superseded by provisions or notices published elsewhere on our site.

Your concerns
If you have any concerns about material which appears on our site, please contact info@dalestudios.co.uk.

Thank you for visiting our site.

Overall terms & conditions.

Updated 08/08/2019.

  1. Formation of Contract
    1. This contract is between:
      1. Dale Studios (Leicester) Limited (02456147) whose registered offices are at West Walk Building, 110 Regent Road, Leicester, LE1 7LT herein referred to as either Dale Studios, we or us and;
      2. The Client named at the front of this document and hereafter referred to as either the Client or you.
    2. The contract is comprised of these terms and conditions and the quote, estimate or credit agreement to which they are attached. Any other terms proposed are excluded unless expressly agreed by both parties in writing.
    3. Quotes and estimates are valid for 30 days but may be withdrawn by Dale Studios at any time prior to acceptance by giving notice in writing. Credit agreements are valid for the period stipulated.
  2. Price, Payment & Variation
    1. Payment is due within 30 days from the date of each invoice for Dale Studios’ Services unless other terms are set out at the front of this document.
    2. If the Client requires changes, additions or variations to the services then the price and times quoted will be adjusted as appropriate and any changes notified to the Client. Dale Studios may refuse to carry out any changes, additions or variations.
    3. Where the Client is required to supply Dale Studios with content such as but not limited to; text, images, data, technical specification or measurements then this requirement along with deadlines for delivery of said content will be agreed in writing. Should the Client fail to supply content within the agreed timescales then Dale Studios reserves the right to:
      1. Raise an Invoice for the work already completed.
      2. Adjust timescales for delivery of the Services and where necessary prioritise the work of other Clients.
    4. Dale Studios reserves the right to charge interest on any overdue payment in accordance with the Late Payment of Commercial Debts (Interest) Act 1998.
  3. Intellectual Property
    1. Dale Studios hereby grants to the Client a nonexclusive license to use the Intellectual Property created in the Services for the purpose provided. The licence granted is personal to the Client, the Clients representatives and the Client’s customer where the Client is acting as an intermediary. The rights may not be assigned or sub-licensed to third parties without the express consent of Dale Studios.
    2. The licence granted to use the Intellectual Property is contingent upon Dale Studios having received payment in full of all monies due and no reproduction or publication rights are granted unless and until all sums due under this Agreement have been paid in full.
    3. Dale Studios retain their moral rights arising under the Copyright, Designs and Patents Act 1988 in relation to the assigned rights and reserves the right to use the work for promotional purposes.
    4. The Client shall ensure that Dale Studios is credited in any editorial use of the designs. Credits for non-editorial use are not required unless so indicated on the front of this document or agreed elsewhere.
  4. Warranty & Liability
    1. Dale Studios will exercise reasonable skill and care in the supply of the Services.
    2. Where Services are based on reference material or visuals supplied by the Client or their Representatives or their Customers the Client warrants that any necessary permissions have been obtained for the agreed use of reference materials or visuals and shall indemnify Dale Studios against all claims and expenses including reasonable legal fees arising from Dale Studios use of any materials or visuals provided.
    3. Where materials, products and services are supplied by one of Dale Studios’ suppliers under license then Dale Studios will endeavour to inform the Client as to the nature of that license and any associated Intellectual Property Rights.
    4. Under no circumstances will Dale Studios’ liability to the Client exceed a sum equal to the total price payable for the relevant Services nor will it extend to any consequential loss, damages, loss of business, profit, or any indirect loss incurred by the client.
    5. Where the Services include the supply of goods or materials, the warranties given above will not apply to defects which are due to: fair wear and tear, accidental damage or failure by the Client to adhere to the Supplier’s recommendations; or to materials or goods included in the Services which have not been manufactured by Dale Studios.
    6. All terms, conditions and warranties implied by law, trade use or otherwise (including but not limited to any warranties as to quality or fitness for purpose) are excluded to the extent permitted by law. The Client acknowledges that the only warranties are those given expressly by Dale Studios in these Conditions.
  5. Duration
    1. Dates for the commencement and completion of the Services are given in good faith but are not guaranteed, nor deemed to be of the essence of the contract and Dale Studios will not be liable for any delay in the commencement or completion of the Services.
  6. Amendments
    1. The Client shall be entitled to suggest a first round of design amendments unless otherwise stated. For the purposes of this clause first round amendments are defined as minor technical alterations to a design which can be made within a 1 hour timescale.
    2. Subsequent design amends will be charged at the hourly rate specified on our website [insert link] and are defined as alterations to the design that include:
      1. Elements relating to images, colour, font, font properties as well as the re-ordering and re-orientation of elements but do not include;
      2. Alterations to the overall design concept or alterations which are so significant that they amount to a change in the overall design.
      3. Where there is a dispute as to whether a requested alteration is, or isn’t an amendment then Dale Studios will decide whether an alteration is or isn’t an amendment and our decision will be final.
  7. Brand Concept
    1. Where the Services relate to the design of a brand concept the concept will be presented to the Client in a proposal document.
    2. The process for making amends to the brand concept document is outlined in clause 6.
    3. Should the Client reject the Brand Concept then work will cease and the Client will be invoiced for work done to date.
  8. Print Services
    1. The process for making amends to design for print work is outlined in clause 6.
    2. Where the Client wishes to procure print services themselves then exact print specifications need to be supplied prior to the handover of the deliverable print assets. For the avoidance of doubt an additional charge will be incurred if changes to print specifications need to be made.
    3. Before going to Print, Dale Studios will supply the Client with a copy of the document to be printed. This document needs to be checked carefully by the Client prior to approval to ensure that it is free from error:
      1. Dale Studios will use our best endeavours to ensure that print materials look as intended but this cannot be guaranteed. Due to the printing process, sometimes there are differences between how a design looks in its native artwork format and how finished printed materials look and in these instances Dale Studios will not be held liable for any discrepancies.
      2. It is the client’s responsibility for checking that the document conforms to their wishes and does not contain errors included but not limited to; spelling and grammatical mistakes, usage of incorrect assets such as the wrong version of a logo or images. This responsibility extends to errors made by Dale Studios or Dale Studios’ subcontractors.
  9. Installation
    1. If the Services are to be performed at the Clients premises or those of a third party, then the Client shall grant Dale Studios access or arrange for access to be granted to the premises for the purpose of carrying out the work.
    2. If the Client fails to make suitable arrangements to allow access and as a result Dale Studios are unable to carry out the work, then the Client will be liable to pay any additional costs associated resulting from this error which may include amongst other things; additional callout charges, extra man hours, travel and accommodation fees
    3. The Client is responsible for ensuring that the measurements supplied are correct. Failure to supply accurate measurements may make it impractical to fit the installation and lead to the following:
      1. The fitting of the installation being delayed.
      2. Additional fees which may include, amongst other things; additional callout charges, extra man hours, travel and accommodation fees
      3. Additional material costs as a result of components of the installation needing to be remade and additional labour costs.
    4. If on gaining access to the Clients premises or those of a third party the area is deemed to be unsafe to work, then Dale Studios may refuse to carry out the work until the area is made safe and time scales and costs will be altered accordingly.
  10. Delivery
    1. The Client shall make an immediate objection upon delivery of either the materials or services if they are not in accordance with either the brief or the specification. If such objection is not received within 14 days of delivery of the either the services or the materials it shall be conclusively presumed that they are acceptable.
    2. If delivery has been attempted but has been unsuccessful due to there being no one available to receive the materials then Dale Studios will not be held liable and any subsequent charges associated with the cost of carriage, storage, insurance or otherwise incurred shall be the responsibility of the Client.
    3. If the materials have not been received within 7 days of the delivery date notified to the Client, the Client shall give Dale Studio notice of the relevant facts immediately. If notice is not received within a further 14 days, then Dale Studios shall be entitled to charge the Client for the materials as though they had been delivered.
    4. Under no circumstances may materials be returned without the prior written consent of Dale Studios. All materials returned must be securely packed and, unless we arrange collection, consigned carriage paid. If we collect, we reserve the right to make a handling charge, and the issue of our collection note will not bind us to issue any credit in respect of the goods.
  11. Digital Materials
    1. Where the Services relate to the design and development of digital materials the specification will be presented to the Client in the quote.
    2. If the Client wishes to vary the digital material specifications after they have been agreed, then clause 2.2 applies.
    3. Amendments to the design of the digital materials are covered in clause 6.
    4. If the Client rejects work done in relation to the digital materials for any reason, including but not limited to; technical requirements, wireframes, timescales, differences of opinion, no longer requiring the work or anything else then Dale Studios will be able to terminate the agreement and invoice the Client.
      1. Under 11.4 the Client will either be charged 30% of the projects total costs or where project costs exceed 30% the cost of work done at our hourly rate + materials and disbursements
    5. In the event of rejection, ownership of all Intellectual Property rights granted by Dale Studios under this Agreement shall revert to Dale Studios. For the avoidance of doubt paying Dale Studios for “work done” does not entitle the Client to the digital materials or the designs and intellectual property rights in the digital materials will not pass to the Client.
  12. Server Hosting
    1. Dale Studios do not guarantee the compatibility of our websites with servers other than our own third party servers. Should the Client wish to host their website on either their own server or that of another third party then the Client accepts liability for issues relating to speed, compatibility, integration and environment.
  13. Third Party Code
    1. We do not accept liability for third party code or the impact of software updates on the functioning of the website. Websites are built in part by using open source software and as such Dale Studios has no control over how such software is updated.
  14. Search Engine Optimisation
    1. Dale Studios does not guarantee search engine rankings and does not accept liability for a website failing to rank at any given level.
    2. Dale Studios does not accept liability for drops in search engine rankings as a result of Dale Studios working on your website.
    3. For the avoidance of doubt Dale Studios does not provide Search Engine Optimisation (SEO) either on a complimentary basis or as part of our web-design service. SEO is a separate offering that is only supplied if expressly agreed in writing.
  15. Complementary Website Maintenance
    1. In the absence of an agreement to the contrary Dale Studios will maintain your website on a complimentary basis for a 12 month period.
    2. The level of support provided on a complementary basis is limited to the terms set out in clauses 15 – 25 of this agreement. More comprehensive maintenance can be supplied under our “Standard”, “Dedicated” and “Comprehensive” Maintenance Agreements.
  16. Backup & Restoration
    1. Upon the launch of your website it is standard practice to make a back-up of your website but this back-up is not guaranteed.
    2. Should your website need restoring as a result of an error made by Dale Studios then we will be happy to restore the website to the most recent back-up that is available.
    3. Should your website need restoring as a result of client or third party error then restoration falls outside the scope of this agreement and Dale Studios may charge you for restoration or decline to restore altogether.
  17. CMS Support
    1. Basic assistance on how to use the Content Management System (CMS) will be provided when the website is handed over to you.
    2. Once handover has been completed then CMS support will no longer be available on a complementary basis.
  18. Software Updates: Plugins, WordPress & Themes
    1. Software updates to WordPress, Plugin’s and Themes will be performed on a monthly basis as standard.
    2. Dale Studio’s do not accept responsibility from any errors arising from update incompatibility as per Clause 13.1 of this agreement.
  19. Technical & Email Support
    1. Aside from the support provided in Clauses 16, 17 & 18 Our Complimentary Maintenance Agreement does not provide technical support of any kind.
    2. Email Support is not included in our Complimentary Maintenance Agreement.
    3. Dale Studios are under no obligation to update our logs under the terms of the Complimentary Maintenance Agreement.
  20. Analytics
    1. Analytics are not included in our Complimentary Maintenance Agreement. We do not provide reports on the performance of your website as standard.
  21. Electronic Digital Marketing
    1. Dale Studios will not provide any form of Electronic Digital Marketing support under as part of our Complimentary Maintenance Agreement.
  22. Design & Content
    1. Our Complimentary Maintenance Agreement does not cover the web-development services or the creation of content.
  23. Down Time
    1. In the event that your website “goes down” Dale Studios does not guarantee the restoration of your website.
    2. Where it can be conclusively shown that Dale Studios are the sole cause of the website “going down” then we will use our best endeavours to ensure that the website is restored in a timely manner.
  24. Client Responsibilities
    1. To provide Dale Studios with administrator level access to the website’s WordPress Dashboard.
    2. To provide Dale Studios with full File Transfer Protocol (FTP) access to the server root folder of the website.
    3. To provide Dale Studios with dashboard, control panel or cPanel access and write permissions to the website’s hosting account so that we can to access the pHpMyAdmin interface for any and all databases associated with the website.
  25. Client & Third-Party Access
    1. If a party other than Dale Studios makes changes to the website beyond that which is permitted by the Content Management System (CMS) then Dale Studios will not be obligated to rectify any errors that arise.
  26. Termination
    1. Dale Studios will not have any liability to the Client if prevented from performing the contract because of force majeure which includes, but is not limited; to severe weather conditions, war, terrorism, strikes, illness or difficulty in obtaining materials and labour. In any of these circumstances, Dale Studios reserves the right to cancel or suspend the Services.
    2. If the Client (a) commits a breach of contract, or (b) fails to make a payment on the due date, or (c) becomes insolvent or has a receiver or liquidator appointed then, in any such case, Dale Studios shall be entitled to end the contract and recover all our costs and losses including loss of profit up to the termination date.
    3. Should Dale Studios commit a material breach of any of its obligations under this agreement then the Client will submit a written request to Dale Studios notifying them of said breach and requesting it be remedied.
    4. Dale Studios will have 30 days to respond to said request setting out how they propose to remedy the breach and timescales for enacting said remedy if indeed a breach has occurred.
    5. If timescales cannot be agreed between the parties Dale Studios will have another 30 days in which to remedy the breach prior to termination.
  27. General
    1. If any provision of the contract including these conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity or enforceability of all other provisions of the contract including these conditions and the remainder of the provision in question will not be affected.
    2. The headings in these conditions are for convenience of reference only and shall not affect their interpretation.
  28. Jurisdiction
    1. The contract including these conditions shall be governed and construed according to the Laws of England and be subject to the exclusive jurisdiction of the English Courts.

Policies

Maintenance

Our basic level maintenance agreement for all digital output projects.