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Next Eight Digital

Terms and Conditions

Effective date: October 15, 2023

 

 

1. Our Terms and Conditions

By using this website there is agreement between all parties that these Terms and Conditions (Terms) shall apply to all website development and designs services supplied by Next Eight Digital (inclusive of, but not limited to, website design, web development, graphic design, and branding design) and constitute a legally binding agreement between all parties.

 

Throughout these Terms we will use the following definitions:

“Client” refers to the party using the services of Next Eight Digital

“We”, “Our”, “Us”, refers to Next Eight Digital

“Project” refers to any work undertaken, or service provided by Next Eight Digital for the Client on their request and as described in our confirmation email to that Client.

 

 

2. Acceptance of Terms

A signed acceptance of these Terms by the Client, or other party, is not necessary for them to be applicable. By providing a written or verbal acceptance of a quote or estimate from Us, the Client confirms they are fully satisfied with the Terms and the application of these. These Terms supersede all previous representations, understandings, or agreements. Please read these Terms carefully.

 

3. About Us

Next Eight Digital provides web design, web development, graphic design, and branding design. We can be contacted directly as follows:

 

Email: hello@nexteightdigital.co.uk

​or

Tel: 07910062297

 

4. Copyright

The copyright of data, files, graphics, and logos provided by the Client will be retained by the Client, with the rights to publish and use such material permitted to Next Eight Digital. For all information and files that are copyrighted to third parties, the Client must obtain appropriate permission and rights to use to that material. Furthermore, it is the Client’s responsibility to grant Next Eight Digital permission and rights for use of that material and the Client agrees to indemnify and hold harmless Next Eight Digital from all claims resulting from the Client's negligence or inability to obtain proper copyright permissions. Acceptance of these Terms and Conditions shall be regarded as a guarantee by the Client to Next Eight Digital that all such permissions and authorities have been obtained. Evidence of permissions and authorities may be requested.

 

5. Content Provision Responsibility

Unless otherwise stated in the project quotation or estimate, the Client is responsible for providing all text and images required for their project. Such materials should be supplied to Next Eight Digital in electronic format from which it can be directly copied and pasted where applicable by Next Eight Digital. The Client is also responsible for ensuring a timely delivery to Next Eight Digital of all content required for their project to ensure that all scheduling of the project can be adhered to. If content provision is delayed, Next Eight Digital cannot guarantee completion of the project on the agreed date and reserve the right to reschedule the project.

6. Intention of use

The material contained in this website is not aimed at or meant to be viewed by persons other than those in the UK. Any person who chooses to access the website from other locations is responsible for compliance with applicable laws.

 

7. Charges

Next Eight Digital will provide the project quotation or estimate via email. All quotations or estimates are subject to a period of 30 days validity, after which Next Eight Digital reserves the rights to amend or withdraw the quotation or estimate.

Unless otherwise agreed in writing, Next Eight Digital requires an advance payment of 50% of the total quotation or estimate before work on the project commences, with the balance due upon completion of the work, prior to upload and launch of the website. The project is deemed completed once the website is live. This ensures that Next Eight Digital is fully equipped to provide the highest levels of service and expertise, from project inception through to completion.

 

Where the Client requires Next Eight Digital to deliver a project in stages, each stage will require 50% deposit up-front, with the balance paid before Next Eight Digital can progress to the next stage.

 

Any delays to the estimated project timeframe which are caused by the client, will not extend the deadline of the payment of the remaining balance.

Unless otherwise agreed with the Client, all payments for Next Eight Services are due by bank transfer. Bank details will be made available on invoices from Next Eight Digital.

 

8. Payment Default

Where accounts remain unpaid 30 days after the date of invoice, Next Eight Digital will consider the account to be in default. Next Eight Digital reserves the right, at its discretion, to remove all project files and data held in Next Eight Digital storage or webspace in the event of payment default. Next Eight Digital will not be held responsible for any loss of data incurred by such action. Removal of such material does not relieve the Client of the obligation to pay any outstanding charges associated to the Client's account. Clients with accounts in default agree to pay Next Eight Digital reasonable expenses, including legal fees and costs for collection by third-party agencies, incurred by Next Eight Digital in enforcing these Terms.

 

9. Additional Expenses

Any third-party services that are provided by Next Eight Digital will require up-front payment of 100% of the agreed cost (this figure will be at the discretion of Next Eight Digital). Failure to complete this payment will result in Next eight Digital being unable to proceed to this stage. Examples would be purchase of stock photographs, special typeface/font, additional domain names, email hosting fees, and other third party or add on services requested by the Client.

 

10. Client Review

Next Eight Digital will provide the Client with an opportunity to review the project for content and appearance after the initial design phase. The Client will be given a final review when the project is complete and ready for sign off. Upon completion of the project, all materials will be deemed to be fully accepted and approved by the Client unless the Client informs Next Eight Digital otherwise within 7 days of the project sign off or the date the project materials are made available to the Client.

 

11. Timescales and Content Control

Unless otherwise agreed with the client, the timescale for completion of the project may vary and can take from 2 weeks to 2 months after initial project approval, depending on the scale of the work. Next Eight Digital will discuss timescales with the Client during the planning phase.

 

It is important to be aware that the Client is responsible for providing content: text, images, etc, and that any delay in providing these will have an impact on the timescale agreed for the project. Next Eight Digital cannot guarantee adherence to previously agreed timescales if the Client fails to provide appropriate content within the agreed timescales.

 

12. Web Browsers

Next Eight Digital looks to ensure our websites are designed to be viewed by the most popular current browsers (e.g., Mozilla Firefox, Microsoft Edge, Google Chrome, etc.). The Client agrees that Next Eight Digital cannot guarantee correct functionality with all browser software across different operating systems. Next Eight Digital cannot accept responsibility for web pages which do not display acceptably in new versions of browsers released after the website has been designed and handed over to the Client. As such, Next Eight Digital reserves the right to quote for any work involved in amendments to the website for it to work with updated browser software.

 

13. Termination

If the Client chooses to terminate the services from Next Eight Digital, this must be requested in a written notice from the Client and will be effective on receipt of such notice. The Client will be invoiced for project work completed to the date of notice of cancellation, which will be due for payment in full within 30 days.

If the client has paid in advance, no refunds will be issued for the project work which has already been completed to the date of the first notice of cancellation or termination.

Termination of services by the Client, may also incur additional charges, such as: the cost of transferring website hosting, domain names or other services away from Next Eight Digital to another provider.

 

14. Design Credit

A link to Next Eight Digital will appear in either small type or a small graphic in the footer of the Client’s website. If a client requests that the credit be removed, this will be done at no cost. The Client also agrees that the website developed for the Client may be presented in Next Eight Digital’s web portfolio.

 

15. Post Completion Alterations

Once the project is completed and installed, Next Eight Digital cannot accept responsibility for any alterations caused by a third party to the Client’s website or individual pages.

 

16. Domain Names

Next Eight Digital may purchase domain names on behalf of the Client; however, It is the responsibility of the Client to renew their domain names when due. If a domain name expires, Next Eight Digital cannot be held liable for this. However, Next Eight Digital will make reasonable effort to contact the client regarding domain renewal.


17. Hosting

Next Eight Digital may recommend hosting providers, and purchase hosting on behalf of the Client, however, renewal of hosting is the responsibility of the Client. Next Eight Digital will make reasonable effort to contact the Client regarding hosting renewal, however hosting will not be renewed if we cannot contact the Client. The hosting renewal charge must be received within 30 days of the hosting expiry date. We reserve the right to deactivate any website where the hosting has expired, and the Client has not paid the renewal charge. Next Eight Digital may charge an administration fee for reactivating the website hosting.

If the client does not use Next Eight Digital hosting services, then the management and hosting of the domain name are the full responsibility of the Client.

18. Amendments & Revisions

Unless otherwise agreed, Next Eight Digital will include a minimum of one set of revisions for the project. If the Client requires further revisions outside of those agreed, this will be handled at the discretion of Next Eight Digital, and additional time and fees may be incurred.

 

19. E-Commerce

The Client is responsible for complying with all relevant laws relating to e-commerce, including payment providers and any product exclusions, and to the full extent permitted by law will hold harmless, protect, and defend and indemnify Next Eight Digital and its subcontractors from any claim, penalty, tax, tariff loss or damage arising from the Client’s (or their clients’) use of Internet electronic commerce.

 

20. Search Engine Optimisation (SEO)

Next Eight Digital does not guarantee any specific position in search engine results for the Clients website. Next Eight Digital performs basic SEO according to current best practice. 

 

21. Liability

Next Eight Digital are not liable for loss, damage or corruption to files or information stored on our servers or individual PC’s relating to a client’s website. The Client is solely responsible for any information or files relating to their website. Next Eight Digital are not liable for any events outside of our control (“Force Majeure”). A “Force Majeure Event” means an event, or a series of related events, that is outside the reasonable control of the party affected, including (failures of or problems with the internet or a part of the internet, hacker attacks, virus or other malicious software attacks or infections), power failures, industrial disputes affecting any third party, changes to the law, disasters, explosions, fires, floods, riots, terrorist attacks, wars, etc. Next Eight Digital have the right to charge for work required as a result of a “Force Majeure” event.

 

22. Indemnity

All Next Eight Digital services may be used for lawful purposes only. The Client agrees to indemnify and hold Next Eight Digital harmless from any claims resulting from the Client’s use of our service that damages the Client or any other party.

 

23. Governing Law

These Terms & Conditions and all disputes, whether contractual or otherwise, arising out of or in connection with them are governed by and shall be construed in accordance with the laws of Scotland and each party submits to the exclusive jurisdiction of the Scottish courts.

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