Digital Touch Terms of work
Digital Touch – Terms and Conditions
1. Definitions
Company / Digital Touch means Digital Touch.
Client means the person or organisation purchasing services from Digital Touch.
Project means the website or related services described in the accepted quotation.
Commencement means the date on which Digital Touch begins any work relating to the Project following receipt of the required initial payment.
Completion means the point at which the services described in the accepted quotation have been substantially delivered, whether or not the Client has formally approved, accepted or launched the website.
2. Quotations and Scope of Work
All quotations are valid for 30 days unless otherwise stated. Quotations are based on the requirements provided by the Client at the time of quotation.
Digital Touch provides only the services and features expressly described in the accepted quotation. Any additional features, functionality, integrations or requirements not included in the quotation shall be subject to additional charges.
Digital Touch reserves the right to revise a quotation where project requirements materially change or where third-party costs beyond its control are altered.
3. Payment Terms
A non-refundable deposit of 50% of the quoted project fee is required prior to Commencement. Deposits are project-specific and non-transferable.
Projects under £500 may be invoiced in full at the outset. Maintenance or update work under £250 may be invoiced in advance.
Unless otherwise agreed in writing, the balance of the project fee and any additional charges shall be invoiced upon Completion and must be paid within 10 working days of the invoice date and prior to the website going live.
Where a Project is delayed or held up by the Client for a period exceeding three (3) months, Digital Touch reserves the right to issue a final invoice for all work completed to date, which shall be payable within 10 working days.
4. Cancellation and Termination
4.1
Cancellation by the Client
Where the Client cancels a Project after Commencement for any reason, the Client shall be liable for payment of all work completed up to the date of cancellation, together with any costs already incurred or irrevocably committed.
Where more than fifty percent (50%) of the Project has been completed at the time of cancellation, the full remaining balance of the agreed Project fee shall become immediately due and payable.
All deposits are non-refundable.
4.2
Failure to Provide Materials
Where the Client fails to supply content, materials or instructions required to progress the Project for a period exceeding fourteen (14) days, Digital Touch reserves the right to invoice for work completed to date.
4.3
Termination by Digital Touch
Digital Touch reserves the right to suspend or terminate services where the Client is in breach of these Terms, including failure to make payment when due. In such circumstances, all outstanding invoices shall become immediately due and payable.
5. Late Payment
Interest may be charged on overdue amounts at a rate of 8% per annum above the Bank of England base rate, in accordance with the Late Payment of Commercial Debts (Interest) Act 1998, together with reasonable administration and recovery costs.
6. Ownership and Intellectual Property
Copyright in all materials, designs, code and documentation created by Digital Touch shall remain the property of Digital Touch until all invoices have been paid in full.
Upon full payment, ownership of the completed website shall transfer to the Client, subject to the following restrictions:
Only one live instance of the website may be used unless otherwise licensed;
No code, design or structure may be copied, reused or redistributed without written permission;
Database connection strings will not be provided for security reasons.
Website files may be supplied electronically upon request. Physical media may be supplied for an additional fee.
7. Hosting and Third-Party Services
Where third-party services (including hosting, domains, plugins, or integrations) are used, such services are subject to the terms of the relevant third party. Digital Touch accepts no liability for failures or interruptions caused by third-party providers.
Any excess bandwidth or usage charges incurred are the responsibility of the Client.
8. Suspension of Services and Data
Where payment remains outstanding, Digital Touch reserves the right to suspend services and withhold access to materials until payment is made in full. This is subject to applicable data protection laws.
9. Maintenance, Support and Training
Unless expressly included in the quotation, ongoing maintenance, updates, support and training are not included and may be charged separately.
Clients must provide 30 days’ written notice to terminate annual maintenance contracts.
Maintenance, support and training requests must be submitted via the designated email address and will be responded to within 48 working hours.
10. Client Responsibilities
The Client is responsible for ensuring that all content supplied is accurate, lawful and not infringing third-party rights. The Client is responsible for reviewing and approving content once uploaded.
11. Liability and Disclaimer
11.1
Digital Touch shall perform the services with reasonable care and skill, in accordance with applicable law.
11.2
Except as expressly stated in these Terms, all services are provided on an “as is” basis and all warranties, conditions or other terms implied by statute or common law are excluded to the fullest extent permitted by law.
11.3
Digital Touch does not warrant or guarantee that any website or service provided will be uninterrupted, error-free, secure, or meet any particular performance or commercial outcome. This includes, but is not limited to, website speed, uptime, availability, search engine rankings, user traffic, or conversion rates.
11.4
The Client acknowledges that website performance and availability may be affected by factors outside the control of Digital Touch, including but not limited to hosting providers, third-party services, internet infrastructure, user devices, and content provided by the Client.
11.5
Digital Touch shall not be liable for any loss of profit, loss of revenue, loss of business, loss of data, or any indirect or consequential loss arising out of or in connection with the Project or services provided.
11.6
Digital Touch shall not be liable for any failure, delay, or underperformance caused by third-party services, including but not limited to hosting providers, domain registrars, plugins, integrations, or external platforms.
11.7
The total aggregate liability of Digital Touch arising out of or in connection with any Project, whether in contract, tort (including negligence), or otherwise, shall be limited to the total fees paid by the Client for that Project.
11.8
Nothing in these Terms shall exclude or limit liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, or any other liability which cannot be excluded or limited under the laws of England and Wales.
12. Subcontracting
Digital Touch may use subcontractors, agents or suppliers to provide services. Any such services are subject to the relevant third-party terms.
13. Force Majeure
Digital Touch shall not be liable for any failure or delay caused by events beyond its reasonable control.
14. Governing Law and Jurisdiction
These Terms and Conditions shall be governed by and construed in accordance with the laws of England and Wales. The parties submit to the exclusive jurisdiction of the courts of England and Wales.
15. Amendments
These Terms may be updated from time to time. The version in force at the time of acceptance shall apply to the relevant Project.