Terms of Service

Last Updated: 8 December 2024

1. About These Terms

1.1 Agreement

These Terms of Service ("Terms") constitute a legally binding agreement between you (the "Client") and Digital Horizon Web Design ("Digital Horizon," "we," "us," or "our"), operating from Antrim, Northern Ireland, United Kingdom.

1.2 Scope

These Terms apply to all services provided by Digital Horizon, including but not limited to:

• Website design and development
• Brand identity design
• Booking system integration
• SEO and digital marketing services
• E-commerce solutions
• Website hosting and maintenance
• Consultation services

1.3 Acceptance

By engaging our services, paying a deposit, or signing a proposal, you acknowledge that you have read, understood, and agree to these Terms.

2. Services and Proposals

2.1 Service Description

Digital Horizon provides bespoke web design and digital services tailored to each client's specific needs. All services will be detailed in a written proposal or statement of work.

2.2 Proposals and Quotes

• All proposals are valid for 30 days from the date of issue
• Proposals outline the scope of work, deliverables, timeline, and pricing
• Changes to the scope of work may result in additional fees (see Section 4.4)
• Proposals become binding upon acceptance and deposit payment

2.3 Project Timeline

We provide estimated project timelines in good faith. However, timelines may be affected by:

• Delayed client feedback or content provision
• Scope changes or additional requirements
• Technical complexities or third-party dependencies
• Force majeure events (see Section 12)

3. Client Responsibilities

3.1 Content and Materials

The Client is responsible for providing:

• All text content, images, videos, and other materials required for the project
• Brand assets (logos, color schemes, fonts) where applicable
• Access to necessary accounts (hosting, domain, analytics, etc.)
• Timely feedback and approvals as outlined in the project schedule

3.2 Content Accuracy and Legality

The Client warrants that:

• All content provided is accurate, current, and not misleading
• All content complies with applicable laws and regulations
• They have the right to use all content, images, and materials provided
• Content does not infringe on any third-party intellectual property rights

3.3 Timely Feedback

Clients must provide feedback within the timeframes specified in the project timeline. Delays in feedback may extend the project timeline and, in cases of prolonged inactivity (60+ days), may result in project suspension or termination.

4. Fees and Payment Terms

4.1 Pricing

All fees are quoted in British Pounds (GBP) and are exclusive of VAT unless otherwise stated. VAT will be added where applicable in accordance with UK tax law.

4.2 Payment Structure

Our standard payment structure is:

• Deposit: 50% of the total project fee due upon acceptance of proposal
• Milestone Payments: Payments at agreed project milestones (for larger projects)
• Final Payment: Remaining balance due upon project completion and before final delivery

4.3 Payment Methods

We accept payment via:

• Bank transfer (BACS)
• Credit/Debit card
• PayPal (fees may apply)

4.4 Additional Work and Scope Changes

Work beyond the agreed scope will be quoted separately and requires Client approval before proceeding. Additional work will be charged at our standard hourly rate or as agreed in writing.

4.5 Late Payments

Invoices are due within 14 days of issue. Late payments may incur:

• Interest charges at the statutory rate under the Late Payment of Commercial Debts (Interest) Act 1998
• Suspension of work until payment is received
• Withholding of project files and deliverables

4.6 Recurring Services

For ongoing services (hosting, maintenance, support):

• Fees are billed monthly or annually as agreed
• Payment is due in advance of the service period
• Services may be suspended for non-payment
• Prices may be reviewed annually with 30 days' notice

5. Intellectual Property Rights

5.1 Client-Provided Materials

The Client retains all rights to materials they provide (text, images, brand assets). By providing these materials, the Client grants Digital Horizon a license to use them for the duration and purpose of the project.

5.2 Digital Horizon Work Product

Upon full payment of all fees:

• The Client receives full ownership of the final, approved website design and associated custom code
• The Client may use, modify, and distribute the work as they see fit
• Digital Horizon retains the right to showcase the work in our portfolio unless otherwise agreed

5.3 Third-Party Components

Projects may include third-party components (plugins, frameworks, stock images, fonts) that are subject to their own licenses. The Client is responsible for complying with these licenses.

5.4 Pre-Existing Materials

Digital Horizon retains ownership of:

• Code libraries and frameworks we've developed
• Templates and design systems
• Proprietary tools and methodologies

These may be used across multiple projects but will be customized for your specific needs.

5.5 Intellectual Property Infringement

The Client indemnifies Digital Horizon against any claims of intellectual property infringement arising from Client-provided content or materials.

6. Revisions and Approvals

6.1 Included Revisions

Each project includes a specified number of revision rounds as detailed in the proposal. Revisions allow for refinements within the agreed scope.

6.2 Additional Revisions

Revisions beyond the included rounds or that constitute new work will be charged separately at our standard hourly rate.

6.3 Approval Process

The Client must review and approve:

• Initial design concepts
• Design mockups
• Content and copy
• Final website before launch

Approvals should be provided in writing (email accepted). Failure to approve within agreed timeframes may result in automatic approval.

7. Cancellation and Termination

7.1 Client Cancellation

Clients may cancel a project with written notice. In the event of cancellation:

• All work completed to date will be invoiced and must be paid
• The deposit is non-refundable
• The Client receives work completed up to the cancellation date
• Ownership of work transfers only upon full payment

7.2 Digital Horizon Termination Rights

We reserve the right to terminate a project if:

• The Client fails to pay invoices within 30 days
• The Client breaches these Terms
• The Client requests illegal, unethical, or harmful work
• The Client becomes abusive or threatening toward our team

7.3 Project Abandonment

If a Client does not respond to communications for 60 consecutive days, the project will be considered abandoned. We may close the project and invoice for work completed.

8. Warranties and Disclaimers

8.1 Our Warranties

Digital Horizon warrants that:

• We will perform services with reasonable skill and care
• Work will be completed in accordance with industry standards
• Final deliverables will materially match approved designs
• We have the right to provide the services offered

8.2 Website Performance

While we build websites to industry best practices, we cannot guarantee:

• Specific search engine rankings or traffic levels
• Specific conversion rates or business results
• Uninterrupted, error-free operation
• Compatibility with all future browsers or devices

8.3 Third-Party Services

We are not responsible for the performance, reliability, or terms of third-party services (hosting providers, payment processors, plugins, etc.).

8.4 Disclaimer of Warranties

Except as expressly stated in these Terms, all services are provided "as is" without warranties of any kind, express or implied, including but not limited to merchantability or fitness for a particular purpose.

9. Limitation of Liability

9.1 Maximum Liability

To the fullest extent permitted by law, Digital Horizon's total liability for any claims arising from or related to our services shall not exceed the total fees paid by the Client for the specific project giving rise to the claim.

9.2 Excluded Damages

We shall not be liable for:

• Indirect, incidental, or consequential damages
• Loss of profits, revenue, or business opportunities
• Loss of data or information
• Business interruption
• Reputational harm

9.3 Exceptions

Nothing in these Terms limits liability for:

• Death or personal injury caused by negligence
• Fraud or fraudulent misrepresentation
• Any other liability that cannot be limited under UK law

10. Support and Maintenance

10.1 Post-Launch Support

All projects include:

• 30 days of technical support after launch
• Bug fixes for issues present at launch
• Basic training on website management

10.2 Ongoing Maintenance

Ongoing maintenance packages are available separately and include:

• Regular software updates
• Security monitoring
• Backup services
• Priority technical support

10.3 Out-of-Scope Support

Support does not include:

• New feature development
• Design changes
• Content updates (unless specifically contracted)
• Issues caused by Client modifications
• Third-party plugin or service issues

11. Confidentiality

11.1 Confidential Information

Both parties agree to keep confidential any proprietary or sensitive information disclosed during the course of the project, including but not limited to:

• Business strategies and plans
• Financial information
• Customer data
• Technical specifications
• Unpublished designs or concepts

11.2 Exceptions

Confidentiality obligations do not apply to information that:

• Is already publicly available
• Was known prior to disclosure
• Is independently developed
• Must be disclosed by law

11.3 Portfolio Usage

Unless otherwise agreed, Digital Horizon may showcase completed work in our portfolio, including:

• Screenshots of the website
• Description of services provided
• Use in case studies or marketing materials

12. Force Majeure

Neither party shall be liable for delays or failures in performance resulting from circumstances beyond their reasonable control, including but not limited to:

• Natural disasters
• War, terrorism, or civil unrest
• Government actions or restrictions
• Strikes or labor disputes
• Internet or telecommunications failures
• Pandemic or public health emergency

13. Dispute Resolution

13.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of England and Wales.

13.2 Jurisdiction

Both parties agree to submit to the exclusive jurisdiction of the courts of England and Wales for any disputes arising from these Terms.

13.3 Dispute Resolution Process

In the event of a dispute:

1. Direct Communication: Parties will first attempt to resolve disputes through good-faith negotiations
2. Mediation: If negotiations fail, parties agree to attempt mediation before pursuing litigation
3. Litigation: Only as a last resort will disputes be resolved through the courts

14. Website Terms of Use

14.1 Interactive Tools

Our website features interactive demo tools (booking systems, speed tests, audits). These tools:

• Are for demonstration purposes only
• Do not collect or store user data
• Generate simulated results
• Should not be used for real business decisions

14.2 Acceptable Use

When using our website, you agree not to:

• Use automated systems to access the site
• Attempt to breach security measures
• Introduce malware or harmful code
• Engage in any activity that disrupts the site
• Scrape or harvest data from the site

15. General Provisions

15.1 Entire Agreement

These Terms, together with any signed proposal or statement of work, constitute the entire agreement between the parties and supersede all prior discussions, negotiations, or agreements.

15.2 Amendments

These Terms may be updated from time to time. Changes will be effective upon posting to our website. Continued use of our services after changes constitutes acceptance.

15.3 Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.

15.4 Waiver

Failure to enforce any provision of these Terms does not constitute a waiver of that provision or any other provision.

15.5 Assignment

Clients may not assign these Terms or any rights hereunder without our prior written consent. We may assign these Terms in connection with a merger, acquisition, or sale of assets.

15.6 Independent Contractors

The parties are independent contractors. Nothing in these Terms creates a partnership, joint venture, employment, or agency relationship.

16. Contact Information

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