All services provided by Spark Digital Marketing Ltd to the Client are subject to the following terms of business:
A copy of these terms and conditions must be signed by all new Clients at the time of submission of work to Spark Digital Marketing Ltd, indicating agreement to and acceptance of these Terms and Conditions. Alternatively, payment of an advance fee will be deemed as acceptance of our terms and conditions.
Starting date will commence upon receipt of deposit. During the project, Spark Digital Marketing Ltd will require the Client to provide website content: e.g. copy, text, images, movies and sound files. We estimate a completion period of 6-8 weeks for the development, by which time we will require the website content in order to populate the site. Once completed and we receive confirmation that you would like the site to go live, we will require up to 72 hours for the site to migrate to all servers. If the website content is not supplied by the 8th week from the starting date, final payment will be due by the Client. Spark Digital Marketing Ltd will still complete the project in full, as outlined in the project quotation, once content has been supplied, therefore completing the development and allowing Spark Digital Marketing Ltd to launch the site.
Scheduled Delivery Date
Spark Digital Marketing Ltd agrees to provide samples of design to give the Client a clear idea of how the site will look and function. Spark Digital Marketing Ltd will make every effort to meet any agreed due dates. The Client should be aware that failure to submit required information or materials may cause subsequent delays in the production and delivery of the finished work.
Charges for services to be provided by Spark Digital Marketing Ltd are defined in the project quotation that the Client receives via e-mail. Quotations are valid for a period of 30 days. Spark Digital Marketing Ltd reserves the right to withdraw or amend the quotation after expiry of the 30 days. Unless agreed otherwise with the Client, all services require an advance payment of a minimum of 50 percent of the project stage quotation total on project stage commencement, as described on the quotation. The remaining 50 percent of the project stage quotation will be due upon completion of each project stage, as defined in the quotation, prior to the release of materials or upload to the server.
Fees and Additional Services
Changes in client input or direction or excessive changes will be charged at the ad hoc consultancy rate for every hour of additional development time. Any work the Client wishes Spark Digital Marketing Ltd to create which is not specified in the original project quotation will be considered an additional service. Such work will be charged at the ad hoc consultancy rate, currently £60.00 per hour, and invoiced at the end of the calendar month in which the work was undertaken. VAT will be added to all fees and charges at the relevant statutory rate.
Project Restart Fee
Because of substantial costs incurred by Spark Digital Marketing Ltd to stop and restart a project once it is underway, should the project’s progress be halted at any time by the client for 60 days or more, for any reason, the project will be considered abandoned. All incomplete work will remain the property of Spark Digital Marketing Ltd and any paid fees or deposits will be non-refundable.
Clients wishing to restart an abandoned project will be subject to a restart fee of £500.00 ex VAT. This will be due immediately and the project work will recommence upon payment of this fee subject to Spark's current availability.
The Client agrees to reimburse Spark Digital Marketing Ltd for any of the following expenses, not in the original quotation necessary to complete the project: e.g. fonts, couriers, proofs, props, research, shipping, software, stock photography/artwork, travel, telephone consultation etc. The Client will be contacted prior to any of the aforementioned expenditure being committed to.
Invoices will be provided by Spark Digital Marketing Ltd upon completion of the work for web design and any associated services. Invoices are normally sent via email; however, the Client may choose to receive hard copy invoices. Invoices are due as outlined in the payment terms on the invoice, normally 14 days after completion of a project stage.
Accounts unpaid 30 days after the date of invoice will be considered in default. Accounts that remain unpaid 30 days after the date of the invoice will be subject to a service charge in the amount of the higher of 1.5% of the total amount due or £50 per month. If the Client in default, Spark Digital Marketing Ltd will, at its discretion, remove services, including data and files held on hosted web space. Spark Digital Marketing Ltd is not responsible for any loss of data incurred due to the removal of the service. Removal of such material does not relieve the Client of the obligation to pay any outstanding charges assessed to the Client’s account. Cheques returned for insufficient funds will be subject to a return charge of £50 and the Client’s account will immediately be considered to be in default until full payment is received. Clients with accounts in default agree to pay Spark Digital Marketing Ltd reasonable expenses, including legal fees and costs for collection by third-party agencies, incurred by Spark Digital Marketing Ltd in enforcing these Terms of Business.
Due to external factors, such as changes to the way search engines rank websites, we cannot offer any guarantees regarding the position we will achieve for websites, or the speed at which your website will be found by search engines. We cannot accept liability for any change in rankings, or drop off in the position of your website due to changes in the algorithms of the search engines or the factors that they use to rank websites.
Spark Digital Marketing Ltd will endeavor to ensure that any developed/designed site or application will function correctly on the server it is initially installed on and that it will function correctly when viewed with the latest versions of Firefox, Safari, Chrome and Microsoft Internet Explorer Version 8 web browsing software. Unless otherwise stated in the project quotation, Spark Digital Marketing Ltd can offer no guarantees of correct function with other browsers or older versions of the browsers previously listed. Other web browsers will not be tested unless specifically agreed to in the project quotation. All websites built by Spark Digital Marketing Ltd are designed to be viewed on a desktop or laptop computer. Style sheets for viewing websites on mobile/handheld devices (e.g. mobile phones, PDAs, tablets, iPads etc.) are not included unless otherwise stated in the project quotation. Customised style sheets for printed versions of web pages are not included unless otherwise stated in the project quotation.
All domain name services are provided by third party domain registrars, which have been sourced for their reliability, support and overall performance. Domain name registrations and related transactions are carried out in compliance with the policies of both ICANN and NOMINET. By using the services of Spark Digital Marketing Ltd to register domain names, you also agree to Nominet's Terms and Conditions.
We will always register, transfer and renew domain names in our client's name - never in our own. You are always in control of every aspect of your domain name(s) and can manage your domain's WHOIS data through Sparkserver. It is your responsibility to keep this data correct.
Domain names are usually subject to the registration terms and conditions set by the relevant registry as well as the registration terms of Spark Digital Marketing Ltd.
All domain registrations are bound by our Registrant Agreement and relevant 3rd Party terms. Where possible links to the relevant 3rd party terms and dispute resolution policies are included below, if you have any queries regarding these please raise a support ticket and we’ll be glad to assist where possible.
- Registrant terms: www.nominet.org.uk/nominet-terms
- Domain dispute policy: www.nominet.org.uk/disputes/drs/policy/
- Further information can be found a: Registrants Rights and Responsibilities (ICANN)
com, .net, .org, .info, .biz
- Tucows OpenSRS terms and conditions
- UDRP (Uniform Domain-Name Dispute-Resolution Policy)
- Registrants Rights and Responsibilities (ICANN)
All domains are renewed on a annual or bi-annual basis. We will send out reminder emails 60 days, 30 days, 15 days, 7 days and 1 day before expiry. We will send the emails to the email address on the account. It is the registrants responsibility to make sure their contact details are up to date. Spark Digital Marketing Ltd take no responsibility if your domain renewal fails due to your contact details being incorrect. If you do not wish to renew a domain please make sure you contact us a minimum of 14 days before your domain expires by emailing us at email@example.com.
If you do not renew your domain before its expiry date it will have all services we provide suspended and you will have up to 30 days (protected period) after to renew the domain name at the original renewal fee. Please log into the client portal area to view renewal fees. After 30 days your domain will be suspended and will go into a 60 day grace period which you can still renew your domain name but with an additional redemption fee of £75 + VAT. This must be requested by email before the 75th day after your domain has expired, after 90 days after your domain will be cancelled and deleted from the register. Spark Digital Marketing Ltd will not guarantee the renewal of a domain name.
All hosting services are provided by a third party, which has been sourced for their reliability, support and overall performance in the hosting market. Spark Digital Marketing Ltd has limited control over the servers used and are constantly monitoring their performance to ensure maximum reliability. For this reason, Spark Digital Marketing Ltd cannot be held responsible for any hosting issues such as website downtime, server hacking, data loss, email issues or any other hosting related issues.
All printing services are provided by a third party, which has been sourced for their reliability, support and overall performance in the printing industry. The Client is responsible for all final checks to material to be printed. When commissioning print work, Spark Digital Marketing Ltd is not liable for any of the following:
- Loss or damage caused by any inaccuracy; Loss or damage caused by omission;
- Loss or damage caused by delay or error, whether the result of negligence or other cause in the printing process;
- Loss or damage to clients’ artwork/photos, immaterial whether the loss or damage results from negligence or otherwise.
Graphic Design Services
All graphic design services will be carried out by Spark Digital Marketing Ltd as detailed in the project quotation. Any subsequent changes in client input or direction or excessive changes will be deemed to be an additional service and will be charged at the ad hoc consultancy rate for every hour of additional design time. Any work the Client wishes Spark Digital Marketing Ltd to create which is not specified in the original project quotation will also be considered an additional service. Such work will be charged at the ad hoc consultancy rate and invoiced accordingly.
Termination of services by the Client must be requested in a written notice and will be effective on receipt of such notice. Telephone requests for termination of services will not be actioned until and unless confirmed in writing. The Client will be invoiced for work completed to the date of first notice of cancellation for payment in full within 14 days.
The Client retains the copyright to data, files and graphic logos provided by the Client, and grants Spark Digital Marketing Ltd the rights to publish and use such material. The Client must obtain permission and rights to use any information or files that are copyrighted by a third party. The Client is further responsible for granting Spark Digital Marketing Ltd permission and rights for use of the same and agrees to indemnify and hold harmless Spark Digital Marketing Ltd from any and all claims resulting from the Client’s negligence or inability to obtain proper copyright permissions. A contract for website design and/or placement shall be regarded as a guarantee by the Client to Spark Digital Marketing Ltd that all such permissions and authorities have been obtained. Evidence of permissions and authorities may be requested.
Standard Media Delivery
Unless otherwise specified in the project quotation, this Agreement assumes that any text will be provided by the Client in electronic format and that all photographs and other graphics will be provided electronically in .gif, .jpeg, .png or .tiff format. Documents provided in other formats that need to be converted to digital formats will be deemed to be an additional service, charged at our standard hourly consultancy rate as detailed in Fees & Additional services.
A link to Spark Digital Marketing Ltd will appear in small type at the bottom of the Client’s website. If the Client requests that the design credit be removed, a nominal fee of 10% of the total development charges will be applied. When total development charges are less than £5000, a fixed fee of £500 will be applied.
If the Client’s website is to be installed on a third-party server, Spark Digital Marketing Ltd must be granted temporary read/write access to the Client’s storage directories which must be accessible via FTP. Depending on the specific nature of the project, other resources might also need to be configured on the server.
Spark Digital Marketing Ltd cannot accept responsibility for any alterations caused by a third party occurring to the Client’s pages once installed. Such alterations include, but are not limited to additions, modifications or deletions. Any proofreading/editing service performed on behalf of the Client relates to the initial project content, as outlined in the project quotation. Spark Digital Marketing Ltd will not be responsible for any further proofreading/editing unless a new project quotation has been issued and accepted by the Client.
Spark Digital Marketing Ltd may purchase domain names on behalf of the Client. Payment and renewal of those domain names is the responsibility of the Client. The loss, cancellation or otherwise of the domain brought about by non or late payment is not the responsibility of Spark Digital Marketing Ltd. The Client should keep a record of the due dates for payment to ensure that payment is received in good time.
These Terms and Conditions supercede all previous representations, understandings or agreements. The Client’s signature below or payment of an advance fee constitutes agreement to and acceptance of these Terms and Conditions.
This Agreement shall be governed by English Law.
Spark Digital Marketing Ltd hereby excludes itself, its Employees and/or Agents from all and any liability from: Loss or damage caused by any inaccuracy;
- Loss or damage caused by omission;
- Loss or damage caused by delay or error, whether the result of negligence or other cause in the production of the web site and other services provided;
- Loss or damage to Clients’ artwork/photos, supplied for the site, immaterial whether the loss or damage results from negligence or otherwise.
The entire liability of Spark Digital Marketing Ltd to the Client in respect of any claim whatsoever or breach of this Agreement, whether or not arising out of negligence, shall be limited to the charges paid for the Services under this Agreement in respect of which the breach has arisen.
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, illegal or unenforceable provision.