Terms and Conditions

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

Copyright is retained by David Boggitt 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 David Boggitt as fulfilling the contract. All other designs remain the property of David Boggitt, unless agreed in writing that this arrangement has been changed.

Project Acceptance

At the time of proposal, David Boggitt will provide the customer with a written estimate or quotation. The Terms and Conditions can be read on his 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 David Boggitt. Alternatively, the client may send an official order via email or via Royal Mail in reply to the estimate or quotation which binds the client to accept David Boggitt's terms and conditions. No work on a project will commence until either document has been received by David Boggitt.

Design Charges

Any charges for design services to be provided by David Boggitt or a Third Party, 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 50% of the quoted fee will become immediately due. Work on the project will not commence until this amount has been received.

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

The customer will be provided with an Approval Form 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 David Boggitt. Payment will be due within 14 days of final invoice. Full publication of the Web Pages may take place only after full payment has been received. Any material previously published may be removed if payment is not received. When this occurs a minimum charge of £50 will be required to have the site restored. Accounts that have not been settled within 7 days of our final reminder will incur a late payment charge of 10% of the amount outstanding. You will also be charged statutory interest of 8% above the reference rate (fixed for the six month period within which date the invoices became overdue) pursuant to the late payment legislation.

Website Maintenance

Maintenance charges are charged at £25 per hour, strictly through invoice per month.  Maintenance includes any textual changes to the customer’s web site, help and support and regular communication via phone calls or newsletter.

Default

An account shall be considered default if it remains unpaid for 30 days from the date of invoice, or following a returned cheque. David Boggitt shall be considered entitled to remove his own 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 David Boggitt reasonable legal expenses and third party collection agency fees in the enforcement of these Terms and Conditions.

Copyrights and Trademarks

By supplying text, images and other data to David Boggitt 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 David Boggitt on behalf of the customer, will remain the property of David Boggitt and/or his suppliers.
The customer may request in writing from David Boggitt, the necessary permission to use materials (for which David Boggitt holds the copyright) in forms other than for which it was originally supplied, and David Boggitt may, at his 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 David Boggitt, the customer grants him permission to use this material freely in the pursuit of the design.
Should David Boggitt, 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 David Boggitt to remove and/or replace the file on the site.
The customer agrees to fully indemnify and hold David Boggitt 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.

Alterations

The customer 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 customer also agrees that David Boggitt holds no responsibility for any amendments made by any third party, before or after a design is published.

Search Engine Submission

The site will be submitted to the major search engines, but David Boggitt is not responsible for the client’s on-going web site promotion. David Boggitt can make no guarantees about the success of any search engine promotion activity because this is controlled by the search engines themselves.

Cancellation

Should the client wish to cancel at any point during the process they shall remain liable for the work that has taken place and shall be invoiced accordingly.

Notes

Should David Boggitt waive any of these terms on an individual basis, this shall not affect the validity of remaining clauses or commit him to waive the same clause on any other occasion.
By agreeing to these terms and conditions your statutory rights are not affected.
David Boggitt reserves the right to change or modify any of these terms or conditions at any time. Should clarification of any of the above be required please contact David Boggitt directly.