By checking the check box on the terms and conditions when you sign up for one of our plans, you are legally bound by these terms. If you do not agree to these terms and conditions, you may not use the service.

You the client (“Client”)

Domino Design the company (“Company”).

• Client in need of services; and
• The Company has an interest in performing such services to the Client; and
• Parties wishing to set terms and conditions on which such services will be provided to the Client.

Both parties agree as follows:

Description of services

The company provides the services available in the selected plan signed by the client.

Signup

The person signing up for the Website Plan will automatically be assigned as the person signing off and is the only person authorised to request changes or terminate the Agreement. If the client wants to give this power to another person, the client should contact the company with their name and email address and the company will add them to the approved list.

If the client does not wish to have this authority over this additional person (s), it is the client’s responsibility to inform the Company.

Payment

The client agrees to issue a direct debit order to the Company and authorises the Company to deduct current monthly and / or annual expenses payments as published on the Company website. The bank account must be registered in the client’s name or business.

No refunds or credit for partial months or years of service will be applicable. Expenses will be charged and will be paid until the client or company account is terminated or discontinued.

The Company may raise prices at any time by giving the client at least one month notice.

Pay monthly clients

Payment Terms/Schedule​

• Upfront charges payable immediately by PayPal or BACS
• Monthly recurring charges payable by direct debit. The monthly payment is taken on the same date each month. If the payment date falls on a non-working day, the payment will be processed on the next available working day.
• First monthly payment to be made within 7 days after client sign-up (unless the company agrees in writing in advance).

Pay annually clients

Payment Terms/Schedule

• Upfront charges payable immediately by PayPal or BACS
• The annual (12 months) recurring charges should be paid immediately by direct debit or BACS. The annual payment is taken on the same date each year. If the payment date falls on a non-working day, the payment will be processed on the next available working day.
• First annual payment to be made 7 days after client sign-up (unless agreed in advance by the company).

Fixed-Term Contract

On fixed term contract, client will be signed to a 12-month plan and will not receive a full / partial refund if they terminate the contract before the expiry of the 12-month period (unless the company agrees).

Add-on services

Payment Terms/Schedule​

• Payment for add-on services will be charged before activation using the direct debit details already provided by the client.

The client is responsible for providing the content (unless agreed in advance by the company).The company will not take liability if no content or incorrect content provided by the client and will billed the client as agreed.

Suspension of service

• The Company reserves the right to provide or suspend services if payment is not received within 10 working days. If the missing payment is not received within 30 days, the Company reserves the right to remove the Website from their servers. Once the Website is removed, it cannot be restored.
• For any downtime caused by ‘Suspension of service’ or any lost profits and emails, we will not be held responsible for any liability in any way.

What is classified as a content update?

Content update is a change to existing content and pages, excluding news and blog articles that are added as new pages. Any additional page requests will be charged after the website is launched (unless agreed in advance by the company).

Copyright

Any content provided should be owned by the Client and may not infringe copyright laws.The Client shall pay damages to the Company against all claims relating to any infringement of the copyright trademark or design.

Intellectual Property Rights

Websites
All website files hosted by the Company are the property of the Company. The client has the right to these files or to the migration of these files if the contract is terminated.

Any website design or template created by the Company is the property of the Company before, during and after the Agreement. As a result, the website will be leased to the client by the company.If client wish to purchase the rights to the Website created by the Company, it is at the discretion of the Company.

Custom web design add-on

If the client purchased the ‘Custom Web Design’ add-on at the time of the original purchase, the client will own the rights to the relevant website design and template.

Add-on services

Any intellectual property rights for add-on service design work, such as logo creation or business card creation, will be transferred to the Client upon completion and payment.

Domain names

Any domain names purchased by the Company for the Client are the property of the Company and will remain even after the termination of the contract. The transfer of ownership to another supplier of clients is at the discretion of the Company.

Emails

Any email service provided by the Company will be stopped if the contract is terminated. Access to any data related to email accounts, such as emails, contacts and appointments will be removed. The client is responsible for taking their own backups and archives of the email. The Company will not be responsible for data loss.

Existing Domain Names & Email Addresses

In the event that the client already has a domain name and / or email address setup transferred to the company to manage them, the Company will not be liable for any downtime or data loss in the process. This includes items such as existing emails and contacts, existing calendar appointments and existing 3rd party websites. Upon data transfer, there is no guarantee that any archive emails will be available. It is the responsibility of the client to make the necessary arrangements to make a backup or archive available to them after the transfer is completed.

Domain name renewals
Domains registered by the Company or domains transferred to the Company Account are maintained by the Company.If the client registers their own domain (s) using their own account (Domain Control Panel), it is the clients’ responsibility to manage their domain (s), and not the company. This includes any payments and renewals made by the relevant domain registrar.

Legal

The client should not use our services to publish anything that promotes illegal or criminal activity. If the client does so, the website will be removed with immediate effect and all associated files will be deleted without warning.

Termination and notice

• Upfront cost is non-refundable.
• The Client may terminate this agreement up to 30 days prior to the last day of the minimum agreement term. The Client must give 30 days written notice to the Company.
• The Company may terminate this Agreement at any time and give the Client 30 days written notice.

Pay monthly clients​

• You have 14 days of the cooling-off period after launching the website, for some reason if you are not happy with our product or services you can cancel at any time.
• If you cancel your website contract in the first 14 days, you will get your monthly premium charges fully refunded and we’ll shut-down the website with immediate effect.
• If you cancel after 14 days, we will not refund your money back and the website will be shut down at the end of the current month.

Pay annually clients

• You have 14 days of the cooling-off period after launching the website, for some reason if you are not happy with our product or services you can cancel at any time.
• If you cancel your website contract in the first 14 days, you will get your annual premium charges fully refunded and we’ll shut-down the website with immediate effect.
• If you cancel after 14 days of the cooling-off period, you will be charged for the first month as full premium rates and the rest of your money will be refunded, we’ll terminate our services at the end of the current month.

Limitation of liability

In any case, the Company will not be liable for any special, indirect, accidental, or consequential losses or data, profits or returns, capital expenditure, or downtime losses or any ideal or penal penalties arising out of any claim or action, statute, prescribed duties or obligations or other legal doctrine, is collateral or incidental, or directly or indirectly related to the subject matter of the contract, even if informed about the possibility of such losses.

Data

• The company is data processor and client is data controller. The client has GDPR-related responsibilities and is responsible for placing processes where necessary. Read the ICO Guide to General Data Protection Regulation for more information
• The company – the data processors work only on the document instructions of the controller (the client).
• The company can build and host the client’s website on it's own platform. The client accepts how the company collects and uses data on the by using the service. See their Privacy Policy for more information.
• As a data controller the client should collect and use the data only as specified in the privacy policy page of the website.
• Privacy and cookie policy page will be added to client’s website. They must advise the company in writing if the client wants to change it.

Miscellaneous

Independent

The parties are independent and not the partners, principal and agent or employer and employee and the contract does not establish any joint venture, trust, fiduciary or other relationship between them. Neither party has the authority to make any commitments on behalf of the other party, nor does it represent what they have.

Force majeure
The company will not be held responsible for any failure to perform under this contract when such failures occurs for reasons beyond party or reasonable control, the actions of state or government officials, acts of terrorism, natural disaster, fire, storm, flood, earthquakes, danger and lack of energy.

In the event of such a delay, the delivery date or completion time will be extended by a reasonably required time for both the Company and the Client.If the delay is in effect for more than 60 days, the client may terminate this Agreement as soon as the Company has given written notice to the Company.

Promotional use
All original artwork and digital files related to the project will be under company possession.

The Company can use them for promotional purposes without prior permission from the client.

Designed by

The ‘Powered by Domino Design’ is included in the client’s website footer and contains a hyperlink back to www.dominodesign.co.uk

Time

The summary time of any date or period specified in the contract in relation to the client’s obligations.

How to contact us?

If you have any questions or want to discuss our terms and conditions further, you can contact us at info@dominodesign.co.uk