Call Us Now 0333 444 0283
Established 2003 Websites, software and connected business systems Discuss your project →

Terms & Conditions of Business

These Terms & Conditions explain the basis upon which Digital Flair Media Ltd provides website development, software development, hosting, digital marketing, managed support and consultancy services. They are intended to provide clarity for both Digital Flair and our clients, helping ensure projects run smoothly from quotation through to completion and ongoing support.

Introduction

These Terms & Conditions apply to all services provided by Digital Flair Media Ltd (“Digital Flair”, “we”, “our” or “us”). By instructing Digital Flair to carry out work, requesting a quotation, accepting a proposal, paying an invoice or continuing to use our services, you agree to these Terms & Conditions unless otherwise agreed in writing. These terms apply to website development, software development, hosting, digital marketing, SEO, managed support, consultancy, e-commerce, custom software, API integrations and all other services provided by Digital Flair.

Quotations

Unless otherwise stated, all quotations remain valid for 30 days. Quotations are based upon the agreed scope of work. Any work requested outside the original scope may be charged at our standard hourly rate or quoted separately. Changes requested after development has commenced may affect both project costs and delivery timescales.

Payment Terms

Website projects normally require a deposit before work commences, with the remaining balance payable prior to the website being launched, unless otherwise agreed. Monthly support services are payable monthly in advance. Ad-hoc development work will normally be invoiced on completion or at agreed intervals. Invoices are payable within the payment terms shown on the invoice. Digital Flair reserves the right to suspend ongoing work where invoices remain unpaid.

Client Responsibilities

Clients agree to provide content, approvals, access credentials and any requested information within a reasonable timeframe. Project delivery dates may be extended where delays occur due to outstanding client information, third-party suppliers or circumstances beyond Digital Flair’s reasonable control.

Website Acceptance

Completed work should be reviewed by the client promptly following delivery. Unless Digital Flair is notified of any material issues within 14 days of completion, the work shall be deemed accepted.

Website Ownership

Upon full payment of all outstanding invoices, ownership of website content and bespoke work commissioned specifically for the client transfers to the client, excluding items covered within the Intellectual Property section below. Third-party software, commercial licences and Digital Flair proprietary software remain subject to their respective licence agreements.

Intellectual Property & Proprietary Software

Over many years, Digital Flair has invested significant time and resources developing proprietary software, reusable plugins, integrations, reporting systems, monitoring platforms, automation tools, deployment utilities and other reusable technology (collectively known as the Digital Flair Platform). These systems represent many years of research, development and investment and form part of the Digital Flair Platform used across multiple client projects. Unless expressly agreed otherwise in writing, ownership of the following always remains with Digital Flair Media Ltd:
  • Reusable WordPress plugins
  • Custom Digital Flair software
  • Reporting dashboards and business intelligence platforms
  • Monitoring and alerting systems
  • Reusable integrations and APIs
  • Development frameworks
  • Automation tools
  • Deployment utilities
  • Reusable code libraries
  • Internal development methodologies
  • Custom administration tools
  • Agency tooling and deployment processes
Unless otherwise agreed in writing, clients receive a non-exclusive licence to use these components only for the duration of the relevant project or managed service. Termination of support or maintenance services does not transfer ownership of Digital Flair proprietary software, intellectual property or agency tooling.

Third Party Software & Licensing

Digital Flair may supply commercial software licences as part of a project or managed support agreement. Where licences are owned by Digital Flair, these remain the property of Digital Flair and may be withdrawn when support services cease unless alternative arrangements have been agreed. Examples include (but are not limited to):
  • Premium WordPress plugins
  • Monitoring services
  • Reporting platforms
  • Commercial software subscriptions
  • Security services
  • Development licences
Clients may alternatively purchase their own licences where appropriate.

Managed Services

Managed service agreements may include:
  • Website maintenance
  • WordPress core updates
  • Plugin updates
  • Security monitoring
  • 24/7 uptime monitoring
  • Performance optimisation
  • Technical SEO
  • Reporting dashboards
  • Conversion tracking
  • Analytics configuration
  • Technical consultancy
  • Bug fixing
The exact services provided will depend upon the agreed support package.

Knowledge Transfer

Digital Flair will cooperate with third-party suppliers where requested by the client. Reasonable handover information relating to the client’s own website or systems will be provided where appropriate. However, Digital Flair is under no obligation to provide proprietary documentation, reusable methodologies, internal development processes, agency tooling, staff training or consultancy beyond the agreed project scope. Additional consultancy or knowledge transfer may be provided at our standard hourly rate.

Search Engine Optimisation (SEO)

Digital Flair follows recognised SEO best practice and industry guidelines. However, no guarantee can be given regarding search engine rankings, website traffic or sales as these are influenced by many factors outside our control, including search engine algorithm changes and competitor activity.

Confidentiality

Both Digital Flair and the client agree to keep confidential any commercially sensitive information obtained during the course of a project. Confidential information will not be disclosed to any third party except where required by law or where necessary to deliver agreed services.

Force Majeure

Digital Flair shall not be liable for delays or failure to perform services where such delays arise from circumstances beyond our reasonable control including (but not limited to):
  • Internet outages
  • Hosting provider failures
  • Cyber attacks
  • Power failures
  • Supplier failures
  • Natural disasters
  • Industrial disputes
  • Government action

Limitation of Liability

Whilst every reasonable effort is made to provide reliable services, Digital Flair shall not be liable for indirect or consequential losses including loss of profit, business interruption, loss of goodwill or loss of data. Our liability shall not exceed the total value of the services supplied.

Changes to these Terms

Digital Flair may update these Terms & Conditions from time to time. The latest version will always be published on our website.

Contact Information

Digital Flair Media Ltd
9 Barn Lane
Milton Malsor
Northampton
NN7 3AH Telephone: 0333 444 0283
BackTop
X