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In accepting a quotation from or by instructing to conduct work, you confirm that you have read and fully understand our terms of business and you agree to be bound by the terms and conditions below;


1. Definitions
In these terms and conditions, the following definitions have the following meanings:
1.1. “Content” means all text, images, video, data or other written material,
1.2. “IPR” means all patents, trademarks, service marks, copyright, design right, database rights, know-how, processes, trade practices and other intellectual property rights whatsoever, whether registered or unregistered anywhere in the world;
1.3. “we”, “us”, “our”, “” means, ( is a trading name of ACT Digital Ltd registered company number whose registered office is Bank House, Wharf Road, Sale, Cheshire, M33 2AF and trade as;
1.4. “you”, “your”, “yourself” means any company, partnership or individual who has instructed us to perform work.


2. Quotations
2.1. All quotes/estimates are valid for a period of 30 days following the date of the estimate/quote provided by
2.2. A verbal instruction, email to proceed or a letter / fax to proceed will be considered to be an official order from you and subject to the terms and conditions of this agreement.
2.3. We cannot always guarantee to start work immediately on an order but will use our reasonable endeavours to start work as soon as practicable and we will advise accordingly.


3. Web Development
3.1. Unless we have been instructed to provide content, the content to be used in a design order must be supplied by you within 30 days of the instruction to proceed.
3.2. If, at our sole discretion, acceptable content has not been supplied within the same 30 day period, and after 7 days written notice from, then the order will be cancelled and there will no refund of monies paid. We reserve the right to invoice you for any work undertaken on your behalf during this period.
3.3. If at any point during the design or development cycle you wish to cancel, you may do so but you will be invoiced an amount that we judge to be proportional to the amount of work completed on the order if this is not covered by any payments already received.


4. Websites
4.1. We make every effort to design web pages which display properly in the most popular web browsers. We cannot accept responsibility for pages which do not display properly in new versions of browsers released after pages have been designed and delivered. Our websites no longer support IE7 & IE8. If you are still using these browsers we can advise you on how to update to the latest version.
4.2. We will submit your website to several of the major search engines as part of the design order. If you instruct us to promote your web site as a separate order, we will make every reasonable effort to promote the website effectively but cannot guarantee specific positioning in search engine results.
4.3. We cannot accept responsibility or liability if any search engine, online directory or search site, submitted to as part of a web site promotion order, chooses not to list your web site.
4.4. We will initially place your website or other ordered design work on one of our development servers during the design process, so that you may view and comment upon the design’s progress. When we agree that the design meets the criteria agreed during the ordering process, or 30 days after the completion of our work, or launch of the “live” site on your chosen URL (whichever the sooner), we will invoice you for the full amount due for that order. If at any point during the design or development cycle you wish to cancel the order, you may do so but will be invoiced an amount that we judge (at our sole discretion) to be proportional to the amount of work completed on the order.
4.5. We do not undertake to maintain or update your website as part of the design order. If you wish that we maintain or update your web site as a separate order, we will agree a maintenance contract appropriate to the amount of work required.
4.6. Website hosting: Unless otherwise agreed, website hosting will be charged as an additional service.
4.7. Hosting packages: offer a variety of different hosting services. Your account manager will contact you to discuss your requirements.
4.8. Changes to website hosting: It may on occasion be necessary to make changes to website hosting. Should changes be made at our request we will facilitate these changes without charge.
If changes are to be made as a result of your request will require an administration fee (currently £250.00 plus VAT per domain) to facilitate the change and to include the back up and transfer of your site/s, database and files.
4.9. Payment must be made in full prior to commencing work on transferring any domain requested by you.


5. Search Engine Optimisation:
5.1. Search Engine Optimisation (SEO) covers many different strategies and activities that are primarily designed to improve your sites positioning within the search engine results pages (SERP’s) of the major search engines and/or drive an increase in related traffic and/or business via your website/s.
5.2. offers a consultative approach to SEO and do not offer a “one size fits all” solution. We seek to better understand your business, any specific challenges you may be facing and evaluate the best options available for your company to maximise the opportunities available via your website/s.
5.3. will allocate a minimum of the contracted time to exploring and implementing strategies that we believe will lead to an increase in the quantity and/or quality of visitors to your site/s. We cannot offer any guarantee with regard to the performance of any individual keyword/s.
5.4. Any specific terms and conditions relating to our SEO services will be discussed with your Account Manager and set out in our written proposal by request.


6. Application development
6.1. We will create the Application as detailed in our proposal and agreed specification documents.
6.2. We will use our best efforts to ensure that the design and functionality of any Application meets the specifications as agreed and, as appropriate, complies with current iOS, Android, Blackberry and Windows guidelines.
6.3. We will use our best endeavours to ensure that the application is suitable for publication.
6.4. Upon completion we will submit your application for publication.
6.5. If, in the unlikely event that any Application is rejected for publication, we will advise accordingly and suggest appropriate action and agree what reasonable charges (if any) may be required prior to re submission.
6.6. We agree to provide continued support for the Application for 30 days after the application is successfully approved and published (the “Support Period”).
6.7. The Support Period shall refer to any bugs or issues relating to the features as set out in the agreed specification and not to create new functionality for the Application.
6.8. This support will be provided at no additional cost
6.9. Changes to Application hosting and source code: It may on occasion be necessary to make changes to the hosting of your Application or the associated source code. Should changes be made at our request we will facilitate these changes without charge. If changes are to be made as a result of your request will require an administration fee (currently £250.00 plus VAT per Application) to facilitate the change and to include the back up and transfer of your Applications, source code database and files. Payment must be made in full prior to commencing work on such request by you.


7. Payments/Invoices
7.1. Unless otherwise agreed our payment terms are as follows;
I. 50% on proposal acceptance. We will not begin work until we have received this payment.
II. 25% on delivery of the initial design.
III. 25% on content upload of site and launch on the appropriate URL as agreed.
7.2. Unless otherwise agreed, our invoices are due for payment within 7 days of the date on the invoice. Payments not received within 7 days will attract a 7% late payment interest charge.
7.3. Any payment returned by the bank or credit card company will incur a £25 administration charge. This will be invoiced and will be added to the total outstanding debt owed by you.
7.4. Unless otherwise agreed, ongoing services may be cancelled after 30 days written notice and payment of all existing invoices.
7.5. We reserve the right to alter prices at any time without notice. If you have ordered any services from us prior to a change in prices that order will not be subject to any increase, but any subsequent order may be subject to an increase.
7.6. All payments are final and non-refundable.


8. Intellectual Property Rights
8.1. All content supplied by you will be assumed to be your property and we will be free to use without fear of breach of copyright laws or IPR infringement.
8.2. IPR for all material provided by us, such as HTML code, graphics, photographs and text, will remain our property until such time as payment has been made in full.
8.3. Certain custom or third party scripts and themes will remain as our property and can only be used with our consent and whilst we host the website. We reserve the right to remove these scripts/themes if you do not pay our invoices in full or we consider that you have breached this agreement.
8.4. You shall fully indemnify us for any direct or indirect claims, losses or liabilities, whether consequential or not for the use of third party IPR, copyright or content whereby the third party has not granted their permission to you to use or reproduce.


9. Limits of liability
9.1. We shall not be liable in any way whatsoever for;
9.2. Our need to move site hosting or alter hosting terms;
9.3. Any damage of any kind (direct, indirect, consequential, incidental or punitive) which results from the use of, access to or inability to use the information contained on your web site;
9.4. Any errors or omissions in the contents of any work which we have designed;
9.5. Any damages to, or viruses that may infect a site visitor’s computer equipment, data or other property which result from a site visitor’s access to, use of, or browsing of your site;
9.6. Any damages which result from the downloading of material, data, text, images, video or audio from your site;
9.7. Any content in any site linked to a site designed by us and any resulting damages from a site visitor’s access to any such linked site;
9.8. Work to any directive from you to change the site content.
9.9. You agree that, regardless of the nature of our liability, the full extent of our liability shall be limited to the value of your order.


10. Warranties
10.1. We make no warranties of any kind, expressed or implied for the service we provide.
10.2. We disclaim any warranty or merchantability or fitness for a particular purpose. Without limiting the foregoing, we shall not be liable for loss of data resulting in delays, non delivery, wrong delivery, or any and all service interruptions caused directly or indirectly by us.


11. General
We reserve the right to revise our terms, conditions and charges at any time and without prior notice.

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