Daydream Designs Terms

The necessary small print

The following Terms and Conditions of Service apply to all products and services provided by DAYDREAM DESIGNS. All work is carried out by DAYDREAM DESIGNS on the understanding that the client has agreed to DAYDREAM DESIGNS’ terms and conditions.

Charges

Deposits, Quotes & Invoices

Project acceptance

At the time of proposal, DAYDREAM DESIGNS will provide the customer with a written estimate or quotation. The Terms and Conditions can be read on the DAYDREAM DESIGNS website. A copy of the written estimate or quotation is to be signed and dated by the customer to indicate acceptance and should be returned to DAYDREAM DESIGNS. Alternatively, the client may send an official order in reply to the estimate or quotation which binds the client to accept DAYDREAM DESIGNS’s terms and conditions, or an email acknowledging acceptance of the quotation. No work on a project will commence until acceptance of the quotation has been received by DAYDREAM DESIGNS.

Design Charges

Charges for design services to be provided by DAYDREAM DESIGNS will be set out in the written estimate or quotation that is provided to the customer. At the time of the customer’s signed acceptance of this estimate or quotation, indicating acceptance of the Terms & Conditions, a non-refundable deposit of 35% excluding VAT of the quoted fee will become immediately due. Work on the project will not commence until DAYDREAM DESIGNS has received this amount. Unless agreed otherwise with the Client, all design services require an advance payment of a minimum of thirty (35%) percent of the project quotation total before the work is supplied to the Client for review. The remaining fifty five (55%) percent of the project quotation total will be due when the website goes onto the test web server and the remaining ten (10%) percent of completion of the work prior to upload to the server or release of materials. DAYDREAM DESIGNS reserve the right to invoice for the full amount of the project if requested information from the client is not forthcoming after 30 days of request or the estimated finish date outlined in the brief.

Source files

Charges for design work do not cover the release of copyright design files including indd, ai, psd, png, fla or any other source files; if the Client requires these files, they will be subject to a separate quotation or ‘buy-out’ charge.

Alteration to brief

The client agrees that changes required over and above the estimated work or required to be carried out after acceptance of the draft design will be liable to a separate charge. The client also agrees that DAYDREAM DESIGNS holds no responsibility for any amendments made by any third party before or after a design is published.

Charges for Other Services

Charges for any additional services over and above the estimated design, will become fully payable (100% of the quoted amount) at the time of estimate or quotation acceptance.

 

Payment Procedure

Process, Sign off, Default Payment

Completion of Project

The customer will be provided with an Approval Form or email and Invoice prior to final publication. At this time the remainder of the amount due will become payable and the customer will also be required to sign and return the Approval Form to DAYDREAM DESIGNS.  Payments may be made by online transfer, cash, cheque, credit card (via PAYPAL) or Debit Card, or Pound Sterling International Money Order or previously agreed electronic funds transfer. Publication and/or release of work done by DAYDREAM DESIGNS on behalf of the client, may not take place before cleared funds have been received. Returned cheques will incur an additional fee of £50 per returned cheque. DAYDREAM DESIGNS reserves the right to consider an account to be in default in the event of a returned cheque

Payment Default

An account shall be considered default if it remains unpaid for 30 days from the date of invoice, or following a returned cheque. DAYDREAM DESIGNS shall be considered entitled to remove DAYDREAM DESIGNS and/or the customer’s material from any and all computer systems, until the amount due has been fully paid. This includes any and all unpaid monies due for services, including, but not limited to, hosting, domain registration, search engine submission, design and maintenance, sub-contractors, printers, photographers and libraries. Removal of such materials does not relieve the customer of its obligation to pay the due amount. Customers whose accounts become default agree to pay DAYDREAM DESIGNS reasonable legal expenses and third party collection agency fees in the enforcement of these Terms and Conditions.  Please note that all invoices not settled within our payment terms will be referred to our Debt Recovery Agents, Final Demand Ltd, and will be subject to a surcharge of 15% plus VAT in lieu of our recovery charges.

Copyright

Ownership & Licensing

By supplying text, images and other data to DAYDREAM DESIGNS for inclusion in the customer’s website or other medium, the customer declares that it holds the appropriate copyright and/or trademark permissions. The ownership of such materials will remain with the customer, or rightful copyright or trademark owner.

Any artwork, images, or text supplied and/or designed by DAYDREAM DESIGNS on behalf of the customer, will remain the property of DAYDREAM DESIGNS and/or its suppliers. The customer may request in writing from DAYDREAM DESIGNS, the necessary permission to use materials (for which DAYDREAM DESIGNS holds the copyright) in forms other than for which it was originally supplied, and DAYDREAM DESIGNS may, at its discretion, grant this. Such permission must be obtained in writing before it will allow any of the aforesaid artwork, images, text, or other data to be used.

By supplying images, text, or any other data to DAYDREAM DESIGNS, the customer grants DAYDREAM DESIGNS permission to use this material freely in the pursuit of the design. Should DAYDREAM DESIGNS, or the customer supply an image, text, audio clip or any other file for use in a website, multimedia presentation, print item, exhibition, advertisement or any other medium believing it to be copyright and royalty free, which subsequently emerges to have such copyright or royalty usage limitations, the customer will agree to allow DAYDREAM DESIGNS to remove and/or replace the file on the site. The customer agrees to fully indemnify and hold DAYDREAM DESIGNS free from harm in any and all claims resulting from the customer in not having obtained all the required copyright, and/or any other necessary permissions.

Copyright is retained by DAYDREAM DESIGNS on all design work including words, pictures, ideas, visuals and illustrations unless specifically released in writing and after all costs have been settled. If a choice of design is presented, only one solution is deemed to be given by DAYDREAM DESIGNS as fulfilling the contract. All other designs remain the property of DAYDREAM DESIGNS, unless agreed in writing that this arrangement has been changed.

Any design, copy writing, drawing, idea or code created for the customer by DAYDREAM DESIGNS, or any of its contractors, is licensed for use by the client on a one-time only basis and may not be modified, re-used, or redistributed in any way or form without the express written consent of DAYDREAM DESIGNS and any of its relevant sub contractors.

All design work – where there is a risk that another party make a claim, should be registered by the client with the appropriate authorities prior to publishing or first use or searches and legal advice sought as to its use. DAYDREAM DESIGNS will not be held responsible for any and all damages resulting from such claims. DAYDREAM DESIGNS is not responsible for any loss, or consequential loss, non-delivery of products or services, of whatever cause. The customer agrees not to hold DAYDREAM DESIGNS responsible for any such loss or damage. Any claim against DAYDREAM DESIGNS shall be limited to the relevant fee(s) paid by the customer

Design Process

Timescales, Completion & Cancellation

Any indication given by DAYDREAM DESIGNS of a design project’s duration is to be considered by the customer to be an estimation. DAYDREAM DESIGNS cannot be held responsible for any project over-runs, whatever the cause.

Estimated project duration should be deemed to be from the date that cleared funds are received by DAYDREAM DESIGNS for the initial payment or by date confirmed in writing by DAYDREAM DESIGNS.

DAYDREAM DESIGNS reserve the right to invoice for the full amount of the project if requested information from the client is not forthcoming after 30 days of request or the estimated finish date outlined in the brief.

DAYDREAM DESIGNS considers the design project complete upon receipt of the customer’s signed Approval form or email sign off. Other services such as printing, display panel production, film work, website uploading, publishing etc, contracted on the clients behalf, constitute a separate project and can be treated as a separate charge.

Cancellation of orders may be made initially by telephone contact, or e-mail, however, following this, DAYDREAM DESIGNS will need formal notification in writing to the company’s postal address. The client will then be invoiced for all work completed over and above the non-refundable deposit that will have been made at the time of first ordering. The balance of monies due must be paid within 30 days. Please note: any cancellation which is not formally confirmed in writing and received by DAYDREAM DESIGNS within 14 days of such instruction being issued, will be liable for the full quoted cost of the project.

Website Development

DAYDREAM DESIGNS require that a website design is approved by the customer before coding of a site commences. Once the design for the web site are approved by the customer, coding will commence; any changes to navigation items, colours, structure or content that require changes to the tdesign will incur an additional charge. Once web design is complete, DAYDREAM DESIGNS will provide the customer with the opportunity to review the resulting work on a test site. DAYDREAM DESIGNS will make one set of minor changes at no extra cost within 14 days of the start of the review period. Minor changes include small textual changes and small adjustments to placement of items on the page. It does not include changes to images, colour schemes or any navigation features. Any minor changes can be notified to DAYDREAM DESIGNS by e-mail and confirmed by post. DAYDREAM DESIGNS will consider that the client has accepted the original draft, if no notification of changes is received in writing from the customer, within 14 days of the start of the review period.

Hosting websites

DAYDREAM DESIGNS offers hosting services through an out-sourced virtual server. DAYDREAM DESIGNS does not guarantee continuous service and will accept no liability for loss of service, whatever the cause. DAYDREAM DESIGNS may request that clients change the type of hosting account used if that account is deemed by DAYDREAM DESIGNS to be unacceptable because of poor service, lack of bandwidth or in any other way insufficient to support the website. DAYDREAM DESIGNS are not responsible for the speed or reliability of any site hosted on a third party hosting package. Fees for hosting on DAYDREAM DESIGNS’ virtual server are due at the commencement of any period of service and are non-refundable. Fees due to third party hosting organisations are the responsibility of the client and DAYDREAM DESIGNS are not liable for their payment, nor for the renewal of domain names, which are the sole responsibility of the customer / domain owner.

Domain Registration

DAYDREAM DESIGNS cannot guarantee the availability of any domain name. Where DAYDREAM DESIGNS is to register a domain name on behalf of a client it will endeavour to do so but the client should not assume a successful registration.

Search Engine optimisation

Due to the infinite number of considerations that search engines use when determining a site’s ranking, DAYDREAM DESIGNS cannot guarantee any particular placement. Acceptance by any search engine cannot be guaranteed and when a site is accepted, the time it takes to appear in search results varies from one search engine to another. Ranking will also vary as new sites are added. DAYDREAM DESIGNS recommend that customers use a professional SEO company and are happy to provide details of such companies, but accept no responsibility for their services.

Design credits

The customer agrees to allow DAYDREAM DESIGNS to place a small credit on printed material exhibition displays, advertisements and/or a link to DAYDREAM DESIGNS own website on the customer’s website. This will usually be in the form of a small logo or line of text placed towards the bottom of the page. The customer also agrees to allow DAYDREAM DESIGNS to place websites and other designs, along with a link to the client’s site on DAYDREAM DESIGNS own website for demonstration purposes and to use any designs in its own publicity and portfolios.

E-commerce websites

Unless otherwise stated, DAYDREAM DESIGNS do not manage or set up the e-commerce intricacies such as tax, postage, or stock levels. Any loss of monies is not the responsibility of DAYDREAM DESIGNS. Where applicable, DAYDREAM DESIGNS will set up the payment gateway but maintenance and testing of such is the responsibility of the client.

Third Party APIs

Certain website functions offered by DAYDREAM DESIGNS, such as the social media feeds, photo galleries, audio & video pages may require specific additional third party software (called ‘plugins’). You may have such software already installed onto your website. Some software companies or developers also offer versions of their plugins that require payment, a client may choose to licence paid-for software from a third party. Any such purchase will not be paid for by DAYDREAM DESIGNS, neither do we guarantee the compatibility and functionality of such a plugin. Any paid plugins hosted by DAYDREAM DESIGNS must be accompanied with a verifiable licence and installed by a DAYDREAM DESIGNS project manager. Although DAYDREAM DESIGNS uses third party plugins in order to provide the best possible web service, we do not guarantee that the third-party plugins will be updated by the third-party companies, nor do we have the right to change alter or customise third party software DAYDREAM DESIGNS  are not responsible for the maintenance of the third party plug ins unless otherwise stated. Should the thiird party API stop working, a cost will be incurred to replace or fix thie issue.

Maintenance

Unless the client has opted for a website maintenance package with DAYDREAM DESIGNS, Daydream Designs will not be liable for any later failing of the website. This includes, but is not comprehensive list,  WordPress updates incompatibility with APIs, loss of data or files, restore or back up of files, loss of functionality due to degradation etc. Please see our support packages for further options.

Hosting on a Third party server

Should you decide to host your website with another provider, Daydream Designs will not be held responsible for any downtime, speed concerns, incompatibility or other issues. Should you require full admin rights to the website giving you access to add third party plug ins, amend code or change fundamental structure of the website, Daydream Designs will not be responsible should the website fail.

Passwords

The client will also be provided with passwords for web editing, social media, analytics and email etc. Due to data security, we do not hold onto the passwords.Retrieval by DAYDREAM DESIGNS will incur a charge for password reset.

Supported Technologies

Daydream Designs aim to develop products that are fully functional on commonly used browsers, operating systems and hardware. Our products are designed to take advantage of the latest technologies in order to give the end user the best possible experience. Users with access to the latest technologies will always receive the best possible experience, whilst users on older, supported technologies, may receive a simplified, but useable experience that degrades gracefully from the full experience, based on the capabilities of their device and software. Daydream Designs aim to build their products in such a way as to be useable on legacy software and hardware that is no longer officially supported by the developer or manufacturer, however, Daydream Designs can not guarantee the compatibility of their products with legacy technologies, unless the requirement to support the platform in question has been outlined as part of the system’s requirements. Whilst Daydream Designs endeavour to make all of their products future-proof, it is not always possible to foresee requirements of future technologies. The implementation and functions of a third-party integration such as a social media feed are also subject to change. Daydream Designs can take no responsibility for changes to a third-party application. Websites are designed and built with responsiveness in mind, unless otherwise stated. Websites will collapse in size, from full desktop resolution, down to the resolution of a common smartphone. Whilst Daydream Designs aim for their websites to be accessible at all common screen resolutions, websites may display differently on some obscure devices. The features and design of a website are subject to change at different screen resolutions, depending on available screen space and device capabilities. An up-to-date list of supported hardware, operating systems and browsers can be provided upon request at the start of a project. At this stage, any legacy support that is required should be communicated, so as to be considered throughout the product’s development.

Emails

Hosting, set up & support

Email Set up & Hosting

Hosting can include up to 10 email addresses with up to 500mb (further mailboxes and mailbox size are available at an additional cost). We will provide the information to use email accounts for web mail access and general information for email clients and devices. Daydream Designs do not offer set up of email accounts on any device as standard. Please enquire as to the additional cost of this service.

 

Email support & Loss of Data

Daydream Designs do not offer email support as standard. As many issues with email are due to the email client (Outlook, Windows Mail, Mac Mail etc), we cannot be held responsible for such email issues. We will always refer to the Webmail access to ensure the issue is not a server problem. Email support is a chargeable cost should it be requested.

Supply of files

Dropbox

All completed high res files are usually collated and sent via Dropbox unless an alternative is requested. The files are kept on Dropbox for two weeks for the client to download and save to their own system (unless otherwise agreed). If files have not been downloaded within that timeframe and the Dropbox link has expired, file retrieval by DAYDREAM DESIGNS will incur a charge.

Charges for design work do not cover the release of copyright design files including indd, psd, ai or any other source files; if the Client requires these files, they will be subject to a separate quotation or ‘buy-out’ charge.

Daydream Designs is not responsible for any issues that may occur as the result of the addition of files and/or data that are provided by a client or third party. The client takes full responsibility for all files and data that are not produced by Daydream Designs, or any files or data that are modified by anyone other than Daydream Designs. This is inclusive of both changes implemented by a third party, and any addition of third party files or data that has been implemented by Daydream Designs at the request of the client

Server security

FTP, Passwords

The Web Site Owner and Third Party Technicians agree to the following terms:-

• Not to share the FTP details with any parties other than those signing this document.

• To keep the details and password of any information provided secure.

• To keep the details and password of any information provided confidential.

• That by accessing the web site by FTP and modifying any parts of the web site that the warranty on the parts being modified or any parts linked to them will be voided.

• That if any parts of the web site are broken or should assistance be required in repairing, troubleshooting or modifying these elements subsequent to you using FTP, that we reserve the right to charge the web site owner our hourly rate for the time taken in doing this. Should we need to do this we shall confirm this with the web site owner in advance.

 

• Not to copy, duplicate, sell, distribute, or reverse engineer any code and respect all Intellectual Property Rights of the Provider, it’s developers, suppliers, and any other third parties who have provided components that run the web site. The web site owner agrees to indemnify the Provider against any expenses, loses or damages arising as a result of any claim that any Intellectual Property Rights have been breached.

• That the computer(s) that will be accessing the web site are free of viruses and have up to date anti-virus protection installed.

• To not uploading any viruses, Trojans, malware, spyware or any other kind of malicious software to the website via FTP

General

Acceptance of terms

These Terms and Conditions supersede any previous Terms and Conditions distributed in any form. DAYDREAM DESIGNS reserves the right to change any rates and any of the Terms and Conditions at any time and without prior notice

The placement of an order for design and/or any other services offered by DAYDREAM DESIGNS verbally,  in writing (email or letter) is deemed to be acceptance of these terms and conditions, which are freely available at www.daydreamdesigns.co.uk/tandcs

 

Disclaimer

DAYDREAM DESIGNS makes no warranties of any kind, express or implied, for any and all products and/or services that it supplies. DAYDREAM DESIGNS will not be held responsible for any and all damages resulting from products and/or services it supplies. DAYDREAM DESIGNS is not responsible for any loss, or consequential loss of data, or non-delivery of products or services, of whatever cause this includes changes of API’s (application programming interface ) plug-ins and integrate feeds from third parties.. While we take reasonable steps to investigate the materials we recommend, we accept no responsibility for the performance or quality of materials or any consequential loss arising from their failure. The customer agrees not to hold DAYDREAM DESIGNS responsible for any such loss or damage. Any claim against DAYDREAM DESIGNS shall be limited to the relevant fee(s) paid by the customer. DAYDREAM DESIGNS reserves the right to use the services of sub-contractors, agents and suppliers and any work, content, services and usage is bound by their Terms and Conditions. DAYDREAM DESIGNS will not knowingly perform any actions to contravene these and the client also agrees to be so bound. DAYDREAM DESIGNS and its clients agree to comply with Printers Terms and Conditions which include disclaimers for non-completion on time and the flexibility to supply quantities within 10% of the total ordered. DAYDREAM DESIGNS recommend that if an exact quantity is required, then 10% extra is added to the quantity and extra time made available should the job be delayed.

Definitions

(a)  The “provider” is defined as Daydream Designs who’s principle offices are at Newlands, Pen y Ball Hill, Holywell Flintshire CH8 8SZ United Kingdom

(b) The “Web Site Owner” is defined in section

(c) The “Third Party Technicians” are defined in section