On instructing us to carry out any form of work, the client agrees to our Terms and Conditions of business contained herein. Please ensure that you read both pages fully before signing this document, and the attached contract. A signed contract will be required prior to commencement of any work.
Both Digital Angel and The Client agree that all information provided to each other will be treated as strictly private and confidential. Digital Angel will not, at any time, either directly or indirectly, divulge or communicate any information that is proprietary to the client without prior consent, unless we are legally obliged to do so. Digital Angel is happy to sign a non-disclosure or confidentiality agreement, if requested by the client.
The rates and charges payable by The Client will be detailed in the contract. Please note that I charge a minimum fee of 1 hour per assignment. The hourly rate will be charged in increments of 15 minutes, rounded up to the nearest quarter hour. The hourly rates include a reasonable amount of telephone calls, postage, stationery etc. If a job involves a high level of expenditure on printing, international telephone calls etc. or any additional services (such as couriers) these will be billed at cost, and will be outlined and agreed before the work is carried out.
Payment of fees
Payment terms are strictly 7 days by BACS from the date of invoice, unless agreed otherwise within The Client’s contract. Retainer services must be paid monthly in advance on the first of each month. An invoice will be sent 7 days prior to this. A maximum of 2 unused hours from the VA chosen package may be carried over to the following month.
If the retainer package commences part way through a month, the first payment shall include the pro-rated amount for the partial month along with payment for the first full month. Digital Angel or the Client can cancel a retainer package at any time by giving 14 days notice. Failure to pay on time may result in a late payment charge being applied to the account. The late payment charge is 10% above the base rate. Overdue accounts may be passed to a debt recovery agent for collection. Digital Angel is not currently VAT registered.
For Websites you will pay the first 50% payment of Fees to us in advance at the time that you submit your Order. Further payments will be upon completion and handover of the finished product. No further Services will be provided once an invoice becomes overdue. Remedies must be made before any future services will be provided. If payments are repeatedly late we reserve the right to refuse all future service provisions.
Legal action will be sought for invoices that go beyond 90 days.
A minimum 50% deposit (minimum payment) is required before work commences for a new client. If the estimate for a project exceeds £300.00, Digital Angel reserves the right to request full payment of the quotation for work prior to starting the project.
Loss/Damage of Client property
Digital Angel will not be held responsible for any loss, damage or theft of documents, equipment or any items relating to tasks during transit to and from its premises. Digital Angel recommends that clients obtain a proof of postage as we will not accept responsibility for loss or damage to items going through the postal service.
The client will remain responsible for checking work which we return and raise any queries forthwith thereafter within 7 days. Queries raised within this time will be amended free of charge. I will not be liable for any losses you might sustain arising directly or indirectly from our completing work, save in so far as the same arises directly from our negligence.
Any client documentation will be held securely on file for 3 months after which it will be deleted. If you would prefer an alternative retention period, you are required to notify Digital Angel in writing before commencement of any work.InsuranceFor insurance purposes, I cannot accommodate client visits to Digital Angel’s premises.
Disclaimer and Applicable Law
Digital Angel cannot be held responsible for the end use or content of any material, document or other, produced or edited on behalf of a client. In the event of dispute this agreement will be governed by the law of England and Wales.
You must only submit to us information (whether Material, contact details or otherwise) which is accurate and not misleading and you must keep it up-to-date and inform us of any changes.
-Co-operate with me;
-Provide me with any information we reasonably require in respect of the Services from time to time;
-Report any faults or suspected faults with or in the Services to us immediately upon discovery;
-License and configure any third party hardware and/or software necessary for the provision of the Services unless otherwise agreed;
-Ensure that all materials provided is suitable and prepared for use in conjunction with the Services;
-Be responsible for ensuring that, and you hereby warrant and undertake to us that, your use of the Services and any Material:
(a) does not infringe the privacy rights or Intellectual Property Rights of any third party;
(b) is not for the purposes of sending spam or other unsolicited emails;
(c) is not defamatory, obscene, abusive, malicious, indecent, harassing or discriminatory;
(d) conforms in all respects will all applicable laws, rules, regulations, bye-laws and codes of practice (including disability discrimination, intellectual property, privacy and data protection laws);
Warranty as to Material
You warrant that any Material is owned by you. It is your responsibility to make sure that you have all necessary rights and consents relating to your use of the Material in conjunction with the Services.
What I am not liable for
I shall not have any Liability in respect of any:
-indirect or consequential losses, damages, costs or expenses;
-loss of actual or anticipated profits;
-loss of contracts;
-loss of use of money;
-loss of anticipated savings;
-loss of revenue;
-loss of goodwill;
-loss of reputation;
-loss of business;
-ex gratia payments;
- loss of operation time;
-loss of opportunity;
-loss caused by the diminution in value of any asset;
-loss of, damage to, or corruption of, data.