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Smash Digital

Terms and Conditions

Use of our services constitutes acceptance of the Terms and Conditions

Please read the blow Terms carefully and do contact us on hello@smash-digital.com if you have any questions.

 

 

  1. It is not necessary for any Client to have signed an acceptance of these terms and conditions for them to apply. If a Client accepts a quote then the Client will be deemed to have satisfied themselves as to the terms applying and have accepted these terms and conditions in full.
  2. Charges for services to be provided by Smash Digital are defined in the project quotation/proposal that the Client receives via e-mail. Quotations are valid for a period of 60 days. Smash Digital reserves the right to alter or decline to provide a quotation after expiry of the 60 days.
    Payment for services is due by cheque or bank transfer. Cheques should be made payable to Steve Thomas and sent to Smash Digital, 51 Carlowrie Avenue, Dalmeny, Edinburgh, EH30 9TY. Bank details will be made available on invoices.

  3. No creative or development work will commence until Smash Digital has received approval of the quotation.
  4. Invoices are sent by email, however, hard copies can be requested.  Payment terms are stated on each individual invoice and start from the date at the top of this document.
  5. Each project will have individual Payment terms (either 7, 14 or 30 days) stated on the initial proposal.  Once agreed to, these payment terms must be adhered to by the client.
  6. If a project has a ‘retainer’ style payment system agreed, ALL scheduled payments must be received on time for work to continue.
  7. Smash Digital retains all rights to the work carried out until all agreed invoices have been paid by the client.
  8. Smash Digital will provide the Client with an opportunity to review the appearance and content of the website during the design phase and once the overall website development is completed. At the completion of the project, such materials will be deemed to be accepted and approved unless the Client notifies Smash Digital otherwise within ten (10) days of the date the materials are made available to the Client.

  9. Smash Digital will install and publicly post or supply the Client’s website by the date specified in the project proposal, or at a date later agreed with Client, unless a delay is specifically requested by the Client and agreed by Smash Digital.
    In return, the Client agrees to being available to aid Smash Digital with progressing the commission in a satisfactory and expedient manner.
    During the project, Smash Digital will require the Client to provide website content; text, images, movies and sound files as needed.

  10. Where the client causes excessive delays the project for any reason, Smash Digital reserves the right to send a ‘Work To Date’ invoice with a payment term that may differ to the one associated with the main project.
  11. Where notified, the client agrees to reimburse Smash Digital for any additional expenses necessary for the completion of the work. Examples would be purchase of special fonts, stock photography, music etc.
  12. Smash Digital makes every effort to ensure websites are designed to be viewed by the majority of visitors. Websites are designed to work with the most popular current browsers (e.g. Firefox, Internet Explorer, Google Chrome, etc.). Client agrees that Smash Digital cannot guarantee correct functionality with all browser software across different operating systems.
    Smash Digital cannot accept responsibility for web pages which do not display acceptably in new versions of browsers released after the website has been designed and handed over to the Client. As such, Smash Digital reserves the right to quote for any work involved in changing the website design or website code for it to work with updated browser software.

  13. The Client retains the copyright to data, files and graphic logos provided by the Client, and grants Smash Digital the rights to publish and use such material. The Client must obtain permission and rights to use any information or files that are copyrighted by a third party. The Client is further responsible for granting Smash Digital permission and rights for use of the same and agrees to indemnify and hold harmless Smash Digital from any and all claims resulting from the Client’s negligence or inability to obtain proper copyright permissions.
  14. Smash Digital cannot accept responsibility for any alterations caused by a third party occurring to the Client’s pages once installed. Such alterations include, but are not limited to additions, modifications or deletions.

  15. Smash Digital hereby excludes itself, its Employees and or Agents from all and any liability from:

    • Loss or damage caused by any inaccuracy;
    • Loss or damage caused by omission;
    • Loss or damage caused by delay or error, whether the result of negligence or other cause in the production of the web site;
    • Loss or damage to clients’ artwork/photos, supplied for the site. Immaterial whether the loss or damage results from negligence or otherwise.
  16. Clients should be aware that due to a variety of factors there will often be variance in colours shown between in-house proofs, colours on screen, printer’s proofs, and final printed items.
  17. Smash Digital will not at any time or in any manner, either directly or indirectly, use for our personal benefit or divulge, disclose or communicate in any manner any information that is proprietary to the client. We will act reasonably to protect such information and treat it as strictly confidential. We adhere closely to Data Protection laws and we have our own strict internal policy to enable us to do this.
  18. For all web related projects, unless specifically stated, the client will retain 100% ownership of the web page design only (ownership is not applicable to proprietary software and programs or source code, such as databases, e-commerce and/or content management systems, web application source code or flash files/animations).
  19. Smash Digital reserves the right to use links, images or extracts of the project for it’s own marketing across our website, print or social streams.