Terms & Conditions

Terms & Conditions

Terms & Conditions

These terms and conditions apply between Edinburgh Design Co. LTD (we, us or service provider) and you, the person buying our services. (including any sub-domains). Edinburgh Design Co. LTD are a company registered in Scotland under (SC)594861. Registered office 34 South Gyle Cresent, Edinburgh, Scotland, EH12 9EB. Edinburgh Design Co. is the owner and sole operator of www.edinburghdesignco.com

You are deemed to have accepted these Terms and Conditions when you accept our quotation or from the date of any performance of the Services (whichever happens earlier) and these Terms and Conditions and our quotation are the entire agreement between us. You acknowledge that you have not relied on any statement, promise or representation made or given by or on our behalf.

General

Our primary means of contact will be by email or telephone. Our customer service phone number is +(44)0131 603 9661. Contact us by email at [email protected].

We reserve all copyright and any other intellectual property rights which may subsist in any goods supplied in connection with the provision of the Services. We reserve the right to take any appropriate action to restrain or prevent the infringement of such intellectual property rights.

Neither of us is liable for any failure or delay in performing our obligations where such failure or delay results from any cause that is beyond the reasonable control of that party. Such causes include, but are not limited to: industrial action, civil unrest, fire, flood, storms, earthquakes, acts of terrorism, acts of war, governmental action or any other event that is beyond the control of the party in question. If the delay continues for a period of 90 days, either of us may terminate or cancel the Services to be carried out under these Terms and Conditions.

Your obligations

  1. You must obtain any permissions, consents, licences or otherwise that we need and must give us with access to any and all relevant information, materials, properties and any other matters which we need to provide our services.
  2. If you do not comply with clause 10, we can terminate the Services.
  3. We are not liable for any delay or failure to provide the Services if this is caused by your failure to comply with the provisions of this section.

Fees and Deposit

Payment for Website Design/Development Services will be made in segments upon progress stages. An initial deposit of 50%. A further 25% upon completion of sketch & wireframe in Phase 2. The remaining 25% upon full development or a date set by “us”.

Rolling Contract Payment for Search Engine Optimisation will be billed on signing and billed twenty-eight (28) days after the previous billing period but not due until the thirtieth (30th) day. 

Fixed Term Contract SEO Payment method will be billed on signing and automatically billed thirty (30) days after the previous billing period. Payment shall be made via credit card, using the card on file.

Our payment terms are 14 days from receiving our invoice. You must pay the fee due within this timeframe or we will charge you interest at the rate of 6% + Bank of England interest rate under the Late Payment of Commercial Debts (Interest) Act 1998. The interest will be applied from the payment due date until the payment is received in full. Plus a fixed admin fee of £45.

If we do not receive a payment within this timeframe, we will reserve the right to restrict the services that we provide, this will include Website Design, Support Services, Website Management, SEO or any other service we provide you.

Payment for care plans, hosting and SEO campaigns are required in advance of the month/period the service is provided.

All payments must be made in British Pounds unless otherwise agreed in writing between us.

Timescales

All timeframes given for work undertaken are estimates. In no event will Edinburgh Design Co. be liable to the client or any third party for any damages, including any lost profits, lost savings or other incidental, consequential or special damages arising from delivering any work within a given timeframe.

The client will receive a Welcome Pack which includes a Project Schedule that outlines a specific timeline for each phase & payment dates.

We aim to deliver all our websites within 45 days once the design process has begun. This is dependent on how responsive the client is. We are not deemed responsible for any delays as a result of poor communication, not receiving feedback or content in a timely manner.

Once a website project is complete, unless agreed otherwise, the client has 14 days to request any changes that relate to:

  • Interoperability Errors
  • Small discretionary tweaks
  • Spelling mistakes.

Search Engine Optimisation

We offer two payment methods: Rolling Contract and Fixed Term Contract.

We recommend a minimum 3-6 month period for all SEO campaigns in order to have the time and resources to effectively achieve results.

30 days written notice is required to cease or cancel any retainer work.

You will still be charged for the current month and may be charged for the following month if 30 days written notice is not given within the 30-day threshold for the end of the month or billable period.

Please note that at any time a search engine may change its ranking algorithm, which may result in massive fluctuations in rankings. We endeavour to allow for any changes but in some cases, rankings may be massively affected either positively or negatively, through reasons beyond our control.

Unless explicitly stated otherwise all amounts quoted in all Edinburgh Design Co’s SEO quotes and invoices are monthly fees.

Please note that our SEO campaigns do not come with a guarantee of sales, enquiries or rankings. We do everything to ensure that we meet the KPI’s agreed in your SEO proposal/agreement, but we cannot guarantee a specific outcome due to the nature of SEO and Search Engines.

Support 

We offer Website Support Services at an hourly rate of £35 an hour.

We offer Website Management Services at £50 per month to keep your website running fast and smooth. This involves monthly updates, website audits, health scans, speed improvements, and more.

Our Support Plans include but are not limited to monthly updates and health check-ups, creating new pages & posts, uploading files, analyse reporting’s, fault-finding, optimise loading speeds, anti-spam service, adding users, creating email addresses, creating sub-domains, DNS management, staging, migration, file management, app management, security management, block ip addresses, protect URLs.  

Payment for our Website Management Services can be made in 3,6 or 12 month periods.

Cancellation and Amendment

  • We can withdraw, cancel or amend a quotation if it has not been accepted by you, or if the Services have not started, within a period of 14 days  from the date of the quotation.
  • Either we or you can cancel an order for any reason prior to your acceptance (or rejection) of the quotation.
  • If you want to amend any details of the Services, you must tell us in writing as soon as possible. We will use reasonable endeavours to make any required changes and additional costs will be included in the Fees and invoiced to you.
  • If, due to circumstances beyond our control, including those set out in the clause below we have to make any change in the Services or how they are provided, we will notify you immediately. We will use reasonable endeavours to keep any such changes to a minimum.
  • Either party may terminate this Agreement with 30 days written notice over email.
  • CLIENT may terminate this contract before the expiration date, by paying 70% of the remaining contract value.
  • Any termination of this Agreement (however occasioned) shall not affect any accrued rights or liabilities of either Party nor shall it affect the coming into force or the continuance in force of any provision hereof which is expressly or by implication intended to come into or continue in force on or after such termination. 

Liability and indemnity

  • Our liability under these Terms and Conditions, and in breach of statutory duty, and in tort or misrepresentation or otherwise, shall be limited as set out in this section.
  • The total amount of our liability is limited to the total amount of Fees payable by you under the Quotation.
  • We are not liable (whether caused by our employees, agents or otherwise) in connection with our provision of the Services or the performance of any of our other obligations under these Terms and Conditions or the quotation for:
    • any indirect, special or consequential loss, damage, costs, or expenses or;
    • any loss of profits; loss of anticipated profits; loss of business; loss of data; loss of reputation or goodwill; business interruption; or, other third party claims; or
    • any failure to perform any of our obligations if such delay or failure is due to any cause beyond our reasonable control; or
    • any losses caused directly or indirectly by any failure or your breach in relation to your obligations; or
    • any losses arising directly or indirectly from the choice of Services and how they will meet your requirements or your use of the Services or any goods supplied in connection with the Services.
  • You must indemnify us against all damages, costs, claims and expenses suffered by us arising from any loss or damage to any equipment (including that belonging to third parties) caused by you or your agents or employees.
  • Nothing in these Terms and Conditions shall limit or exclude our liability for death or personal injury caused by our negligence, or for any fraudulent misrepresentation, or for any other matters for which it would be unlawful to exclude or limit liability.

Data Protection

  • When supplying the Services to the Customer, the Service Provider may gain access to and/or acquire the ability to transfer, store or process personal data of employees of the Customer.
  • The parties agree that where such processing of personal data takes place, the Customer shall be the ‘data controller’ and the Service Provider shall be the ‘data processor’ as defined in the General Data Protection Regulation (GDPR) as may be amended, extended and/or re-enacted from time to time.
  • For the avoidance of doubt, ‘Personal Data’, ‘Processing’, ‘Data Controller’, ‘Data Processor’ and ‘Data Subject’ shall have the same meaning as in the GDPR.
  • The Service Provider shall only Process Personal Data to the extent reasonably required to enable it to supply the Services as mentioned in these terms and conditions or as requested by and agreed with the Customer, shall not retain any Personal Data longer than necessary for the Processing and refrain from Processing any Personal Data for its own or for any third party’s purposes.
  • The Service Provider shall not disclose Personal Data to any third parties other than employees, directors, agents, sub-contractors or advisors on a strict ‘need-to-know’ basis and only under the same (or more extensive) conditions as set out in these terms and conditions or to the extent required by applicable legislation and/or regulations.
  • The Service Provider shall implement and maintain technical and organisational security measures as are required to protect Personal Data Processed by the Service Provider on behalf of the Customer.
  • Further information about the Service Provider’s approach to data protection are specified in its Data Protection Policy, which can be found www.edinburghdesignco.com/privacy-policy. For any enquiries or complaints regarding data privacy, you can email: [email protected].

Severance

If one or more of these Terms and Conditions is found to be unlawful, invalid or otherwise unenforceable, that / those provisions will be deemed severed from the remainder of these Terms and Conditions (which will remain valid and enforceable).

Law and jurisdiction

This Agreement shall be governed by and interpreted according to the law of Scotland and all disputes arising under the Agreement (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the Scottish courts.

Read the laws for Scotland here: https://www.gov.scot/

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