Pay Monthly Websites

Customer Service Agreement

(Terms & Conditions)

------------------------      TERM DEFINITIONS      ------------------------
Throughout this Customer Service Agreement (“CSA”) we refer to various terms which shall have the following meanings:
Digimedia means Digimedia Ltd., Company Number 2723525.
Customer means the entity (individual or company) set out on the ‘PMW Signup’ (detailed below) form which we may also refer to as “you” or “your”.
Project means all design and coding work required to complete a PMW (detailed below).
Domain Name means the unique name and Internet address that each website has.
DNS means Domain Name Server which is a web server that maintains the Internet address of the Domain Name
PMW means Pay Monthly Website which is a website whose design, hosting and maintenance is paid for by monthly subscription (detailed below).
PMW Signup means the form used by a Customer on Digimedia’s website to request (order) a Pay Monthly Website.
Website Features means the level of service and functionality offered by a given PMW design.
Functionality Band means the performance band that a Customer selects when they sign up for a PMW (or which they subsequently migrate to).
Website Host means any given website server that Digimedia uses to host an Internet presence.
Minimum Term means the minimum number of months that the Customer agrees to pay a monthly subscription for under this CSA, this Minimum Term becoming binding from the ‘PMW Go Live Date’ (detailed below).
PMW Go Live Date means the date that the Customer formally accepts the design of a PMW and it becomes viewable on the Internet at the Customer agreed Domain Name address.
End Date means 18 months of elapsed time from the “PMW Go Live Date”, the monthly calculation being made from whichever day is agreed as the “PMW Go Live Date”.
ProForma Invoice means the Invoice we will send you following your PMW Signup, this Invoice will bill for one month’s subscription for the ‘Functionality Band’ plus the once off “Initial Setup Fee” (detailed below).
Initial Payment means one month’s subscription for the ‘Functionality Band’ plus the once off “Initial Setup Fee” as detailed on the ProForma Invoice.
Monthly Subscription means the monthly payment you agree to make to us by Direct Debit starting 30 days from the “PMW Go Live Date”.
------------------------      End Definitions      ------------------------
1. General
Following sign up for a PMW we will evaluate the Project requirements and let you know if we accept the Project. Please note, sign up is not an automatic acceptance of your Project, we reserve the right to decline Projects at our sole discretion.
2. Domain Name
a. If you already have an Internet Domain Name and you would like us to use this for your website then you will need to set the DNS for this Domain Name to the DNS for the Website Host that we will provide (we will be happy to provide technical assistance if required).
b. The Domain Name is your property at all times and as such you may move it to any hosting provider you desire. However, if the domain is moved away from Digimedia’s Host before the end of the Minimum Term of this CSA, you will become liable for the whole of the subscription outstanding from the date the Domain Name is moved, to the End Date of the CSA. Following the End Date of this CSA you will be free to move the Domain Name to any other Website Host without any penalty whatsoever.
c. If you do not have a registered Domain Name then we offer a free Domain Name registration service where we will Register a mutually agreed Domain Name with an Internet Registrar using the name & address details you provide us with. This Domain Name will be your property and as such you will be liable for the small Registration fee charged by the Registrar. A Domain Name registration term usually runs for one, or two years and it will be your responsibility to maintain the Domain Name as active (although we will advise if it is nearing expiry).
3. Pay Monthly Website
a. A Pay Monthly Website (PMW) will provide the World Wide Web (www) Internet presence to assist your business in achieving its sales, service or information mission.
b. Digimedia’s aim with all PMW Projects is to achieve a satisfied Customer, from the design through to the operation and maintenance of the PMW. We recognise that all websites require change and updating from time to time and we are happy to accommodate any change that remains within the Website Features functionality selected by the you at time of PMW signup. Should you require additional functionality that goes beyond the signed up Functionality Band level, then we will simply adjust the monthly subscription from the time of the change. This new subscription will then run for a minimum 12 months from the date of such change OR until the end of the original Minimum Term, whichever is the longer.
c. The time required to complete a PMW Project is determined by the complexity of the design, the workload we have at the time of the Project and the time it takes for you to accept any design we put forward. However, at the time of accepting any PMW Project, we will provide an estimated completion date.
d. For the duration of the PMW Minimum Term plus any ongoing subscribed months, we undertake to fulfill Website Hosting and carry out maintenance and technical updates as required, to keep your website functioning to the level that you signed up for, as long as Monthly Subscriptions are paid.
e. At the end of the Minimum Term, if the Customer chooses to transfer the PMW away from Digimedia’s hosting, then Digimedia is released from all obligations to maintain and update the PMW.
f. Should you decide to transfer your PMW away from Digimedia's host webserver at any time, it will not be Digimedia's responsibility to get the website up and running with your new hosting provider.
4. Minimum Term
a. All Pay Monthly Websites are tied to a Minimum Term of 18 months that commences on the PMW Go Live Date, which is the date you accept the design as confirmed in an email you will send to:   admin@digimedialtd.co.uk
b. Should you wish to cancel before the end of the Minimum Term then you will become liable for all monthly subscription payments from the date of cancellation, to the end of the Minimum Term.  The Minimum Term date will be specified in an email we will send you following your sign off (acceptance) of the PMW we have completed for you. This date normally being 17 months from the design sign off acceptance.
5. Copyright
a. From the submission by Digimedia of initial PMW designs up until the end of the minimum term, the website copyright belongs to Digimedia and as such no script, data, or images may be copied without the written permission of Digimedia.
b. At the end of the Minimum Term the Copyright will transfer to the Customer and at that time the Customer is free to move the website to any website host that the Customer chooses.
6. Charges & Payments
a. Following sign up for a Pay Monthly Website AND our acceptance of the project, we will send you a ProForma Invoice for One Month's Subscription plus the initial Setup Fee, which we request you pay by Bank Transfer (details on the Invoice). Project work will only commence after payment of the ProForma Invoice.
b. Prior to the Pay Monthly Website going live at the url address (Domain Name) you have requested, you may cancel your Pay Monthly Website and you will not be liable for any further cost. However, the first month's subscription and setup charge will not be refunded. If, for any reason, Digimedia decides not to proceed with your Project and you have paid the first month's charge and setup fee, then we WILL refund the full value of the total charged on the Proforma Invoice.
c. Pay Monthly Websites are paid by monthly subscription Direct Debit which we will set up with your Bank once you have signed off on the design. The Direct Debit will start 30 days AFTER the website goes live, OR 30 days after the Initial Payment, whichever is longer.
d. If, for whatever reason, your monthly Direct Debit subscription payment is not made we will contact you to query this, BUT please note, if non-payment continues for more than 21 days, we may remove your website from our hosting environment which will mean that your website will not be viewable on the Internet. Should we find it necessary to remove your website from hosting there will be a charge of £50 to reinstate it.
e. All monthly subscriptions will be supported by a VAT Invoice we will send you by email each month.
7. Cancellation
You may cancel this CSA at any time but please note the consequences of doing this:
i. If cancellation is made before the end of the Minimum Term we will bill you for the outstanding monthly subscriptions from the date of the cancellation to the End Date of this CSA (Cancellation Fee).
ii. Your PMW will cease to be viewable on the Internet within 5 days following your cancellation.
iii. If cancellation is made before the end of the Minimum Term the PMW design will NOT be your property and as such may not be transferred by you to another host provider. In this instance Digimedia will retain Copyright over the design UNLESS the outstanding subscriptions are paid as detailed in (i) (Cancellation Fee) above.
iv. If cancellation occurs any time AFTER the Minimum Term there will be no Cancellation Fee and the website design copyright will become yours. In this case we will provide a zip (compressed) file that will contain all scripts, data and images that will enable you to easily reestablish your website on another host.
8. Information We Collect From You
a. In order that Digimedia may carry out its obligations under this CSA, we need to collect and process signup and account data as well as communications relating to the design, operation and performance of the PMW.
b. All data we collect from you, including the Bank details you provide for the monthly Direct Debit subscription payment, will remain on our systems for up to six months following the end of the PMW hosting service we provide to you under this CSA.
9. Jurisdiction
The Parties irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to hear and determine or otherwise settle all and any disputes which may arise out of or in connection with this CSA or its subject matter.
10. Notices & Contact
All contact relating to this CSA should be made by email to: admin@digimedialtd.co.uk  OR  Telephone: 01635-597220

Apply for a Pay Monthly Website

Please complete this form to apply for a Pay Monthly Website.

Following the submission of the form below and our acceptance, we will review your existing website (if you have one) and look at any competitor sites you notify us of.  We will then build an outline design for your consideration targeting the market you're operating in.  We will also estimate the timeframe to complete the project.  The outline design will be added to, and modified, according to the feedback we receive from you until we get to the point that you are satisfied and ready to 'go live'.

At the design phase of the process, you will NOT be tied to any minimum term.  The minimum term only starts when you sign off on the completed design.  Following this application you will be billed for one month's payment plus the one off setup fee (please select the Functionality Level below).  Prior to design sign off you may cancel at any time.

Please select the functionality level option for the Website you require (select the relevant box).

   
 
 
   

Please let us know of any specific requirements for your site as well as any competitor websites should we look at to indicate what type of design you like (this would be very helpful and can save time).