Terms of Business
The following terms of business apply when a company/individual (Client) has accepted a proposal for services from Sibbald Digital (We/Us/Our). If we have entered into a separate contract with a company/individual then this contract will supersede the terms below. Where a separate contract is silent on a matter then the terms below will apply.
CHARGES & PAYMENTS
STANDARD WEB HOSTING
This service is charged monthly at the rate of £50+VAT. This service charge will be collected via direct debit monthly in advance. A direct debit mandate will be sent to the Client and must be completed by the Client prior to services starting.
MAINTENANCE & SUPPORT
This service is charged monthly at the rate agreed by the project proposal. This service charge will be invoiced monthly in advance falling due on receipt unless otherwise agreed.
WEB DEVELOPMENT PROJECT
This service is charged at the rate agreed by the project proposal. Projects under £1,000 ex VAT are to be paid 100% upfront prior to work starting unless otherwise agreed.
Projects between £1,000 & £15,000 ex VAT are charged at 60% upfront prior to work starting unless otherwise agreed. Then a further 25% upon design completion and the balancing 25% due prior to launch.
Projects over £15,000 ex VAT are to be paid in stages as defined in the project proposal whereby the final staged payment shall be paid prior to launch or release of assets.
Such expenses in relation to Standard Web Hosting or Maintenance & Support shall be invoiced as they occur and shall fall due on receipt unless otherwise agreed. Such expenses in relation to Web Development Projects shall be invoiced alongside the final project invoice and must be settled prior to project launch or release of materials.
STANDARD WEB HOSTING
This service does not include changes. Nonetheless Clients are entitled to ask for changes to their website and the process is dependent on the particular request. Small edits such as text edits, image swap or any other nominal change to existing content or functionality shall be charged at £25+VAT per change request invoiced on completion and falling due on receipt. Large edits, being a new page or entirely new feature or functionality, shall be quoted separately.
MAINTENANCE & SUPPORT
This service includes a range of changes as defined in the project proposal. Any change requested by the Client that falls out with the agreed project shall be quoted separately.
WEB DEVELOPMENT PROJECTS
We shall quote for additional work that falls out with the agreed upon project scope.
Payments not made on the due date are considered late. In this event we shall be entitled, without limiting any other right we may have, to charge interest on the outstanding amount (both before and after any judgement) at the rate of 5% above the base rate from time to time of Royal Bank Of Scotland PLC from the due date until the outstanding amount is paid.
Both parties shall endeavour to respond to communications within 2 business days. The Client shall primarily communicate all requests to us via email on email@example.com unless otherwise agreed.
The Client warrants that any assets passed to us during the course of our work together are either owned by the Client or are permitted to be used. Those assets include, but are not limited to, all elements of text, images, or other artwork such as graphics, fonts, logos etc The ownership of all intellectual property, including but not limited to, code, graphics, pictures, photos, configurations, etc created by us is owned by us. Upon final settlement of any outstanding invoices, The Client is granted a non-exclusive, perpetual and global license to use, modify and redistribute.
We retain standard portfolio rights and may use works as part of our portfolio. We reserve the right to place a link to our web domain in the footer of Client websites. The Client must not mislead others that our work was created by anyone other than us nor mislead others that work created by others has been created by us.
We shall be entitled to suspend services, including partially or temporarily without notice where the Client fails to make payment on time or continually takes longer than 48 hours to provide pertinent project information.
STANDARD WEB HOSTING / MAINTENANCE & SUPPORT
Either party may terminate the relationship on providing 30 days notice via email. In the event that the Client wishes to terminate their web hosting service, they will be provided with all assets via zip file to pass along to their new hosting provider. All outstanding invoices must be settled prior to the release of website assets.
WEB DEVELOPMENT PROJECTS
The Client shall be entitled to cancel the project at any time by giving us notice via email and thereupon will reimburse us for all fees and expenses due at the date of termination. On termination, the Client shall return all previously generated work and information generated during the project and is not entitled to disclose or reproduce any designs, ideas or other information made available or produced by us on behalf of the Client for any purpose whatsoever unless otherwise agreed.
RIGHT OF TRANSFER
In the event of a change of our business circumstances, we have the right to assign this contract to a new company. This new company guarantees the same terms and no changes to those terms for as long as possible.
LIMITATION OF LIABILITY
No party will be liable for any failure or delay in performing their obligations where such failure or delay results from any cause that is beyond the reasonable control of that party. Such causes include, but are not limited to: power failure, internet service provider failure, industrial action, civil unrest, fire, flood, storms, earthquakes, acts of terrorism, acts of war, governmental action or any other event that is beyond the control of the party in question. Moreover, except for personal injury or death caused directly by us, in no circumstances shall our liability for any loss suffered by the Client exceed the amount actually paid by the Client to us.
If any provision of the terms are held to be illegal, invalid, or unenforceable under any present or future law, then that provision will be fully severable. In such an instance, the terms will be construed and enforced as if the illegal, invalid, or unenforceable provision had never comprised a part of the terms, and the remaining provisions of the terms will remain in full force and effect.
In the first instance, we shall attempt to resolve any dispute with the Client through negotiation & discussion between the parties nominated representatives at a location convenient for both parties.
LAW & JURISDICTION
The Agreement shall be governed by the laws of Scotland. Any dispute between us & the Client relating to the project shall fall within the exclusive jurisdiction of the courts of Scotland.