Designed By Vimly – Web Design Terms

Terminology

The following terminology applies to these Terms and Conditions: “Client”, “Customer”, You” and “Your” refers to you, the person accessing this website and accepting the Company’s terms and conditions. “The Company”, “Ourselves”, “We”, “Our” and “Us”, refers to our Company. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves, or either the Client or ourselves.

“The Company” is Kieran Cairns trading as Vimly Digital at Portland House, Belmont Business Park, Durham, County Durham, DH1 1TW, United Kingdom.

All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner, whether by formal meetings of a fixed duration, or any other means, for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services/products, in accordance with and subject to, prevailing law of . Any use of the above terminology or other words in the singular, plural, capitalisation and/or he/she or they, are taken as interchangeable and therefore as referring to same.

Indemnification Policy

You agree to use all our services and facilities at your own risk. We specifically disclaims all warranties of merchantability and fitness for a particular purpose. In no event shall we be liable for any loss, or loss of data, or other commercial damage, including but not limited to special, incidental, consequential or other damages.
Unless required by applicable law, our services are provided on “AS IS” BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied.
Vimly Digital reserves the right to intervene with any of the sites hosted on its servers in the interest of its customers. Any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party Copyright infringement any defective products sold to customer from Vimly Digital‘s server. Vimly Digital shall be the sole judge of what violates this Policy.

Content Licensing

Our standard scope of works includes a temporary month-to-month MIT licence of the site we provide, on the basis that you continue to make a payment once a month, for 12 months. In the event the standard payment schedule is cancelled or not adhered to, we reserve the right to revoke your MIT licence to the site and you will be subject to a non-redistribution license and you will be unable to retain the rights to use the website which is granted in your MIT licence. A permanent MIT licence is granted either after the clearing of the 12th consecutive agreed monthly payment or upon payment of 1 full annual billing period (a 12 month prepayment), and receipt of a clearance document from us.

Attached below is an example of the MIT license file:

“Copyright 2020 Vimly Digital

Permission is hereby granted, free of charge, to any person obtaining a copy of this website and associated documentation files (the “Website”), to deal in the Website without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, subject to the following conditions:

The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software.

THE WEBSITE IS PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE WEBSITE OR THE USE OR OTHER DEALINGS IN THE WEBSITE.”

If you choose to redistribute your website, we will be unable to support you with ongoing updates beyond your initial copy.

Setup Fees

All web design services on a monthly billing cycle come with an initial setup fee, which is in addition to the first months payment which must also be paid before your website is created.

Further setup fees apply if you choose to add additional services to your package, for example SEO Options or Logo Design. These will be clearly indicated during the ordering process and will be included within your first invoice.

If you choose to pre-pay on annual basis for your website, we will waive the initial setup fee. However, the setup fees for any additional services is still payable, unless the package you select offers these for free.

Tax

Vimly Digital is not currently VAT registered, therefore we do not charge VAT. However, should we become VAT registered at any point during our commercial relationship, we reserve the right to apply VAT at the appropriate rate to your invoice, which would be made payable to us. Failure to pay VAT if it becomes payable on your account will constitute an incomplete payment, and subject to our non payment of service clause.

Discounts & Promotions

We may occasionally run discounts for web design services, these may be one-time setup discounts, or recurring discounts on your monthly billing.

If you receive a discount code through either our website or social media pages, we will clearly indicate the following information: Type of discount, Any product exclusions, if existing customers can use it, if the discount is recurring or one-time and the offer end date.

Minimum Term

We do not impose a minimum term on any of our web design packages. However, if you choose to cancel and have paid less than 12 months of fees, you will be unable to use your website with another provider.

Delivery of Services

We offer a number of turnaround options, including standard delivery within 14 days, or rapid delivery within 7 days for an additional fee.

Whilst we endeavor to meet these delivery times, we can not guarantee this is possible. However, we can guarantee anyone who selects the rapid delivery option will be prioritised ahead of those who have not.

The turnaround times do not apply to any additional services provided by third parties such as Logo Design. E-commerce websites do not fall within the turnaround targets – once you have discussed your requirements with us, we can advise you of an appropriate turnaround time based on the complexity of the website and our current work load.
If your website is time sensitive, you must contact us to confirm that we are able to complete your website within the deadline.

Please be aware no websites will be completed between December 24th & January 1st of each year.

Website Updates

You are permitted a reasonable amount of website updates each month at the discretion of the team. If we decide your request fall outside of a reasonable update, we reserve the right to charge you the regular hourly rate for the update requested.

Minimum charge of 1 hours work. Further work above one hour will be charged in half hourly increments. Our hourly rate varies based on the package you selected from £12/hr – £20/hr. We will clarify the hourly rate that applies to your account before beginning any work billed on an hourly basis. We will also endeavor to offer you an estimated cost.

We aim to complete all minor website updates within 5 days, subject to good communication with yourself.

Please be aware website updates will not be completed between December 24th & January 1st of each year, unless otherwise agreed with us in advance.

Ongoing Communication

We may need to occasionally clarify your requirements when working on creating and/or updating your website. This will generally be in the form of an email.
You must reply to any such communication within no more than 24 hours, otherwise we can not guarantee your website changes will be completed within 5 days.

Website Compatibility

We make every effort to ensure websites are designed to be viewed by the majority of visitors. Websites are designed to work with the most popular current browsers (e.g. Firefox, Safari, Google Chrome, etc.).  We can not cannot guarantee correct functionality with all browser software across different operating systems.

We also cannot accept responsibility for web pages which do not display acceptably in obsolete version or new versions of browsers released after the website has been completed. As such, we reserves the right to charge our hourly rate for any work involved in changing the website design or website code for it to work with updated browser software.

Website Concepts

One (1) fully completed concept is provided for each web design order. Further concepts are subject to an additional charge, worth up to the equivalent of your setup fee.

Web Directory Submission

If you choose to purchase the web directory submission addon service, we will submit your website to a maximum of 5 directories. Directory’s may include, but not be limited to the following; Bing Places for Business, Google My Business, Yell & Scoot.

Once your listing has been published, we will transfer the ownership to you / provide login details. If you would prefer us to update your directory listings as and when needed, we can provide this service for an additional £5 Per Month.

Addon Discounts

We offer a number of discounts on our addons dependent upon the package you chose. These discounts are at a set percentage as listed on the plan details. The discounts are automatically applied on eligible products compared to the retail price on our website.

Eligible addons: Hourly Editing, Logo Design (Premium Only)

Unless specified otherwise, you should assume all other addons are ineligible for a discount. This is usually due to them being supplied by a third party with set wholesale rates.

Copyright Notice

Your website will display a notice in the footer next to your copyright that has at least one of the following statements: ‘Designed By Vimly’ or ‘Powered By Vimly Digital’. The wording may slightly differ.

Requests to remove this notice from your website should be made through an official channel (email or ticket). We reserve the right to charge a fee of up to £75 for this service. Any fees payable will be clearly communicated and subject to acceptance before the invoice is issued.

Advertising & Marketing

You understand we reserve the right to use your website in our design portfolio, unless you choose to buy the aforementioned credit removal.

Post-Placement Alterations

We cannot accept responsibility if any alterations you decide to make yourself result in your website not functioning correctly. We may offer to reverse these changes, however a fee would be payable.

Free Domain Name

We offer a single free .co.uk, .com, .org or .net domain on all pay monthly / pre-paid annually web design services. This domain will remain free of charge as long as you renew your main package.

You must select the domain you wish to use during the ordering process by selecting ‘Register A Domain’, we are unable to retrospectively add a free domain.

Free Web Hosting

We offer the ‘value’ web hosting package free of charge on all web design accounts within the monthly fee (or annual if pre-paid).  Please refer to the ‘Web Hosting’ section of our website to confirm the current features and services offered on the package.

Additional terms and conditions for web hosting can be found at vimly.uk/web-hosting-terms/.

Free Copywriting

We will use existing information available about your business on the internet, eg. Facebook, Google or information collected from yourself to write content for your website.
We do not provide any guarantees that there will be no grammatical errors, and advise you check your happy with the phrasing on your website, before approving it to be published.

Recurring Invoicing

You will be emailed with an invoice 7 days in advance of your service renewing as a reminder for your upcoming payment.

If you have provided us with your card details, setup a recurring PayPal subscription, or authorised a Debit Debit, your account will be automatically charged no earlier than 2 days before your account is due.

Payments are processed via the following providers: Credit/Debit Card (PayPal), Direct Debit (GoCardless) & Recurring Subscription (PayPal).

Payment Failure & Late Fees

If we are unable to process your recurring payment, you will receive a failed payment email along or an invoice reminder.

If you do not arrange a payment within 5 days of your invoice being due, your service will be suspended and we reserve the right to place a 25% late fee on your invoice.
After 14 days of an invoice being overdue, it will be canceled and the service terminated.

Refunds & Cancellations

Web Design orders are non-refundable due to being bespoke in their nature. You may choose to cancel during the 14 day money back period under distant selling laws, however you will only be refunded the subscription fee and you will immediately loose access to the service. Setup fees can not be refunded under any circumstances.

Right to Refuse Service

We may entirely at our discretion refuse to provide a service, and if you are an existing client cancel the services you already have. We generally only do this if you are abusing the services we offer, or we are unable to provide a service.
If you have already paid for a service, then we choose to refuse the provision of it, you will be fully refunded.

Severability

In the event any one or more of the provisions of this Agreement shall be held to be invalid, illegal or unenforceable, the remaining provisions of this Agreement shall be unimpaired and the Agreement shall not be void for this reason alone. Such invalid, illegal or unenforceable provision shall be replaced by a mutually acceptable valid, legal and enforceable provision, which comes closest to the intention of the parties underlying the invalid clause.

Contact Information

If you have any queries regarding any of our terms of service policies, please contact us through one of the following methods:

  • Phone – 03300 59 59 59
  • Email – [email protected]
  • Letter – Vimly Digital, Portland House, Durham, DH1 1TW, United Kingdom