Terms & Conditions.
These Terms and Conditions (“Terms”) govern the supply of services by Drive Digital (“we”, “us”, “our”) to any client (“you”, “your”).
By instructing us to provide services, accepting a quotation, paying an invoice or otherwise engaging our services, you agree to these Terms.
1. Company Details
Drive Digital
The Motorist
New Lennerton Lane
Sherburn in Elmet
Leeds
LS25 6JE
Telephone: 0800 468 0 570
Email: [email protected]
Website: https://www.drive-digital.co.uk
2. Our Services
We provide digital services including, but not limited to:
- Website Design
- Website Development
- WordPress Development
- E-commerce Development
- Website Hosting
- Website Maintenance
- Search Engine Optimisation (SEO)
- Digital Marketing
- Branding
- Graphic Design
- Consultancy
- Website Audits
- Bespoke Software Development
Services are supplied in accordance with the quotation or proposal provided.
3. Quotations
Unless otherwise stated:
- Quotations remain valid for 30 days.
- A quotation does not constitute a legally binding agreement until accepted.
- Prices exclude VAT unless otherwise stated.
- Additional work requested outside the agreed scope may incur further charges.
4. Client Responsibilities
You agree to:
- Provide accurate information.
- Supply required content promptly.
- Review work within reasonable timescales.
- Obtain any licences required for supplied images, logos or content.
- Ensure information supplied to us does not infringe third-party rights.
Delays in providing required information may affect project timelines.
5. Project Timescales
Estimated completion dates are provided in good faith.
Whilst we aim to meet agreed timescales, delays caused by:
- client feedback
- third parties
- hosting providers
- software vendors
- force majeure
may extend delivery dates.
Time shall not be of the essence unless expressly agreed in writing.
6. Changes to Scope
Any work requested outside the agreed quotation may be treated as additional work.
Additional work may be charged at our standard hourly rate or quoted separately.
7. Payment Terms
Unless otherwise agreed:
- Invoices are payable within 14 days.
- Work may require a deposit before commencement.
- Ongoing services may be billed monthly or annually.
- We reserve the right to suspend work where invoices remain unpaid.
Late payments may incur statutory interest and recovery costs under the Late Payment of Commercial Debts (Interest) Act 1998.
8. Ownership of Work
Ownership of completed work transfers to the client only after all invoices relating to that work have been paid in full.
Until payment has been received, all intellectual property remains the property of Drive Digital.
9. Intellectual Property
Unless otherwise agreed:
You retain ownership of:
- your logo
- your trademarks
- your supplied content
- your photographs
- your documents
We retain ownership of:
- source code libraries
- reusable development frameworks
- internal tools
- methodologies
- templates
- proprietary software
Where third-party software is used (including WordPress themes or plugins), ownership remains with the respective copyright holder.
10. Website Content
You are responsible for ensuring all content supplied to us:
- is lawful
- is accurate
- does not infringe copyright
- complies with applicable legislation
We reserve the right to refuse content we consider unlawful or inappropriate.
11. Third-Party Software
Many websites rely on third-party software including:
- WordPress
- plugins
- APIs
- hosting providers
- payment gateways
We are not responsible for changes, outages or discontinued services provided by third parties.
12. Hosting
Where hosting is provided:
- reasonable usage limits apply
- we may perform maintenance from time to time
- we do not guarantee uninterrupted service
- backups may be performed but clients should retain their own copies of important data
13. Website Maintenance
Maintenance services only include those specifically stated within your maintenance agreement.
Requests outside the agreed package may be chargeable.
14. Search Engine Optimisation (SEO)
Whilst we follow recognised best practice, we cannot guarantee:
- first page rankings
- specific keyword positions
- increased sales
- increased enquiries
- search engine indexing
Search engine algorithms are controlled by third parties.
15. Digital Marketing
Marketing performance depends upon numerous factors outside our control.
We cannot guarantee:
- advertising approval
- lead volumes
- return on investment
- sales
- campaign performance
16. Website Availability
Whilst every effort is made to ensure website availability, we cannot guarantee uninterrupted operation.
Downtime may occur due to:
- maintenance
- hosting providers
- internet connectivity
- software updates
- cyber attacks
17. Data Protection
Both parties agree to comply with applicable UK data protection legislation including:
- UK GDPR
- Data Protection Act 2018
Please refer to our Privacy Policy for further information.
18. Confidentiality
Both parties agree to keep confidential any commercially sensitive information disclosed during the course of the project.
This obligation continues after the project has ended.
19. Limitation of Liability
To the fullest extent permitted by law:
Drive Digital shall not be liable for:
- indirect losses
- consequential losses
- loss of profit
- loss of business
- loss of reputation
- loss of data
- business interruption
Our total liability shall not exceed the amount paid by the client for the services giving rise to the claim.
Nothing within these Terms limits liability for death or personal injury caused by negligence, fraud or any liability that cannot legally be excluded.
20. Force Majeure
Neither party shall be liable for delays or failures caused by circumstances beyond reasonable control including:
- natural disasters
- fire
- flood
- war
- terrorism
- strikes
- pandemics
- internet outages
- government restrictions
21. Termination
Either party may terminate ongoing services by giving written notice in accordance with any agreed contract or subscription period.
Upon termination:
- outstanding invoices become immediately payable
- completed work remains payable
- access to hosted services may cease
- licences may expire
22. Suspension of Services
We reserve the right to suspend services where:
- invoices remain unpaid
- abusive behaviour occurs
- unlawful activity is identified
- continued provision would breach applicable law
23. Complaints
Should you have any concerns regarding our services, please contact us in writing.
We will endeavour to investigate and respond promptly.
24. Governing Law
These Terms shall be governed by the laws of England and Wales.
Any disputes shall be subject to the exclusive jurisdiction of the courts of England and Wales.
25. Changes to These Terms
We reserve the right to update these Terms from time to time.
The latest version will always be available on our website.
26. Contact Information
Drive Digital
The Motorist
New Lennerton Lane
Sherburn in Elmet
Leeds
LS25 6JE
Telephone: 0800 468 0 570
Email: [email protected]
Website: https://www.drive-digital.co.uk
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