The following terms of service apply when a company or individual (Client) has accepted a proposal for services from Lotus Digital (We/Us/Our).
This service is charged monthly at a rate of £25
This service charge will be collected via direct debit monthly in advance
A direct debit mandate will be sent to the Client and must be completed by the Client prior to services starting.
This service is charged monthly at the agreed rate depending upon the scope of the project.
This service charge will be invoiced monthly in advance falling due on receipt unless otherwise agreed.
Service retainer charges will vary depending on the requirements of the Client.
The retainer charge will be collected via direct debit a month in advance.
This service is charged at the rate set and agreed by the project proposal.
Projects under £1,000 are to be paid 100% upfront prior to work starting unless otherwise agreed.
Projects between £1,000 and £10,000 are to be paid 50% upfront prior to work starting unless otherwise agreed.
The remaining and outstanding 50% shall be paid prior to launch / handover of materials and assets.
Projects over £10,000 are to be paid in fixed milestones as defined in the project proposal, with the final payment due prior to launch or handover of materials and assets.
Expenses in relation to Web Hosting or Maintenance & Support will be invoiced as they occur and are due upon receipt unless otherwise agreed.
Expenses in relation to Web Design & Development will be invoiced alongside the final invoice and must be settled in full prior to launch or handover of materials and assets.
The web hosting service does not include changed or amendments. This being stated, Clients are completely entitled to request changes to their website that we host, and the process differs based on the request.
Small changes and updates such as content (textual) edits and image updates (replacing an existing image/photograph with a new one), or another nominal change to the existing functionality will be charged at £30 and the invoice will be sent on completion, and payment due on receipt.
Larger edits, changes and updates will be quoted separately.
This service will include a range of changes and updates as defined in the project proposal.
We will quote for additional services and work that falls outside of the agreed project proposal.
Payments that are not made on the due date are considered late.
Should this occur, we are entitled without limiting any other right we have, to charge interest on the outstanding amount at the rate of 5% above the base rate at the time from the Bank of England, from the due date until the invoice is subsequently settled.
Both parties shall endeavour to respond to communications within 2 (two) business days.
The client shall primarily communicate every request to us via email at email@example.com unless otherwise agreed.
The Client warrants that any assets passed to us during the course of our work together are either owned by the Client or permission has been obtained for use.
The ownership of all intellectual property, including but without limit of, Code, Graphics, Pictures, Photography, Configurations etc created by us is owned by us.
Upon final settlement of any outstanding invoices, the Client is granted a non-exclusive, perpetual and global license to use, modify and redistribute.
We retain standard portfolio rights and may use your work as part of our portfolio, unless otherwise agreed.
We reserve the right to place a link in the footer of Client websites, linking back to our portfolio.
The Client will not mislead others that our work was created by anyone other than us, nor mislead others that work created by others has been created by us.
We are entitled to suspend services, partially or temporarily without notice where The Client fails to make payment on time, or continually takes longer than 48 hours (2, two days) to provide pertinent project information.
Either party, Us or The Client can terminate the relationship on providing written 30 days notice via email.
In the event that The Client wishes to terminate their web hosting, support & maintenance service, all assets will be provided via .zip file to pass to the new web hosting provider. All outstanding invoices must be settled in full prior to the release of said assets.
The Client is entitled to cancel the project at any time by sending written notice to us at firstname.lastname@example.org and us liable to reimburse us for all fees and expenses due at the time of termination. On termination, The Client will return all previously generated work and information generated during the project and shall not be entitled to disclose or reproduce any designs, ideas or otherwise made available or produced by us, on behalf of the Client for any purpose, unless otherwise agreed.
Neither Us nor the Client are liable for any failures or delays in performing outlined and agreed obligations where such failure or disruption is a result of any cause that falls beyond the reasonable control of the infringing party. Such causes include but are not limited to; power failure, internet service provider failure, industrial action, civil unrest, fire, flood, storms, earthquakes, acts of terrorism, acts of war, governmental action or any other event that it beyond the control of the party in question.
Furthermore, with the exception of personal injury or death caused directly by us, in no circumstances will we be liable for any losses suffered by the Client exceed the amount paid (at that time) by the Client to us.
If any provision of these terms are held to be unlawful under any present law, then that provision will be fully severable. In this instance, the terms will be taken and enforced as if the unlawful provision had never comprised a part of the terms, and the remaining provisions of said terms will remain in full force and effect.
In the first instance, we will attempt to resolve any dispute with the Client through sound communication, negotiation and discussion between the representative parties in a medium convenient and agreeable by both parties.
The agreement shall be governed by the laws of England.
Any dispute between us and the Client in relation to any project, work or agreement undertaken will fall exclusively within the jurisdiction of the courts of England.