Legal Stuff

Terms of Use – DivDesign.co.uk

  1. Introduction and Acceptance of Terms of Use.

    DivDesign.co.uk offers you a wide range of content, communication tools, forums, and information about its products and services (“Materials”) via this web site. By using this web site, you are agreeing to accept and comply with the terms and conditions of use as stated below (“Terms of Use”), which DivDesign.co.uk may update at any time without notice. You should visit this page periodically to review the then-current Terms of Use. Please note that DivDesign.co.uk may, at its sole discretion, terminate your access to this web site at any time without notice.

  2. Limited Right to Use.

    This web site is owned and operated by DivDesign.co.uk. Unless otherwise specified, all Materials on this web site are the property of DivDesign.co.uk and are protected by the copyright laws of United Kingdom and, throughout the world by the applicable copyright laws. You may, view, print and/or download one copy of the Materials from this web site on any single computer solely for your personal, informational, non-commercial use, provided you keep intact all copyright and other proprietary notices. No Materials published by DivDesign.co.uk on this web site, in whole or in part, may be copied, reproduced, modified, republished, uploaded, posted, transmitted, or distributed in any form or by any means without prior written permission from DivDesign.co.uk. The use of any such Materials on any other web site or networked computer environment or for any other purpose is strictly prohibited and such unauthorized use may violate copyright, trademark and other similar laws.

  3. Communications.

    Except for any disclosure by you for technical support purposes, or as specified in our Privacy Policy, all communications from you to this web site will be considered non-confidential and non-proprietary. You agree that any and all comments, information, feedback and ideas regarding our company, products or services that you communicate to DivDesign.co.uk (“Feedback”) will be deemed, at the time of communication to DivDesign.co.uk, the property of DivDesign.co.uk, and DivDesign.co.uk shall be entitled to full rights of ownership, including without limitation, unrestricted right to use or disclose such Feedback in any form, medium or technology now known or later developed, and for any purpose, commercial or otherwise, without compensation to you. You are solely responsible for the content of your communications and their legality under all laws and regulations. You agree not to use this web site to distribute, link to or solicit content that is defamatory, harassing, unlawful, libellous, harmful to minors, threatening, obscene, false, misleading, or infringing a third party intellectual or privacy rights.

  4. Access to Password Protected or Secured Areas.

    Access to and use of password protected or secured areas of this web site is restricted to authorized users only. You will be asked to provide accurate and current information on all registration forms on this web site. You are solely responsible for maintaining the confidentiality of any username and password that you choose or is chosen by your web administrator on your behalf, to access this web site as well as any activity that occur under your username/password. You will not misuse or share your username or password, misrepresent your identity or your affiliation with an entity, impersonate any person or entity, or misstate the origin of any Materials you are exposed to through this web site.

  5. Monitoring.

    Although DivDesign.co.uk is not obligated to do so, it will have the right to review your communications on this web site to determine whether you comply with our Terms of Use. DivDesign.co.uk will not have any liability or responsibility for the content of any communications you post to this web site, or for any errors or violations of any laws or regulations by you. DivDesign.co.uk will comply with any court order in disclosing the identity of any person posting communications on this web site. It is advisable that you review our Privacy Policy bellow before posting any such communications. Please note that when you conduct transactions with other companies providing content via this web site, you will also be subject to their privacy policies.

  6. Links to Other Sites.

    The linked sites are not under the control of DivDesign.co.uk and DivDesign.co.uk is not responsible for the content of any linked site or any link contained in a linked site. DivDesign.co.uk reserves the right to terminate any link at any time. DivDesign.co.uk may provide links from this web site to other sites as a convenience to you and in no way should this be interpreted as an endorsement of any company, content or products to which it links. If you decide to access any of the third party sites linked to this web site, you do this entirely at your own risk. DivDesign.co.uk DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, TO ANY SUCH LINKED SITES, INCLUDING BUT NOT LIMITED TO ANY TERMS AS TO THE ACCURACY, OWNERSHIP, VALIDITY OR LEGALITY OF ANY CONTENT OF A LINKED SITE.

  7. Trademarks.

    The trademarks, service marks and logos of DivDesign.co.uk and others used in this web site (“Trademarks”) are the property of DivDesign.co.uk and their respective owners. You have no right to use any such Trademarks, and nothing contained in this web site or the Terms of Use grants any right to use (by implication, waiver, estoppal or otherwise) any Trademarks without the prior written permission of DivDesign.co.uk or the respective owner.

  8. Indemnity.

    You agree to indemnify, defend and hold DivDesign.co.uk harmless from and against any and all third party claims, liabilities, damages, losses or expenses (including reasonable attorney’s fees and costs) arising out of, based on or in connection with your access and/or use of this web site.

  9. Limitation of Liability.

    IN NO EVENT SHALL DivDesign.co.uk OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES INCLUDING, WITHOUT LIMITATION, LOSS PROFITS OR REVENUES, COSTS OF REPLACEMENT GOODS, LOSS OR DAMAGE TO DATA ARISING OUT OF THE USE OR INABILITY TO USE THIS WEB SITE OR ANY LINKED SITE, DAMAGES RESULTING FROM USE OF OR RELIANCE ON THE INFORMATION OR MATERIALS PRESENTED ON THIS WEB SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY EVEN IF DivDesign.co.uk OR ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

  10. Disclaimer.

    DivDesign.co.uk assumes no responsibility for accuracy, correctness, timeliness, or content of the Materials provided on this web site. You should not assume that the Materials on this web site are continuously updated or otherwise contain current information. DivDesign.co.uk is not responsible for supplying content or materials from the web site that have expired or have been removed. THE MATERIALS PROVIDED AT THIS WEB SITE ARE PROVIDED “AS IS” AND ANY WARRANTY (EXPRESS OR IMPLIED), CONDITION OR OTHER TERM OF ANY KIND, INCLUDING WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR TITLE IS HEREBY EXCLUDED.

  11. Applicable Laws.

    DivDesign.co.uk makes no claims that the content of this website will abide by the laws of countries other than those in the United Kingdom. Access to this website may not be legal by certain persons in certain countries although DivDesign.co.uk will try within reasonable means to ensure this is not the case. If this website is to be viewed by someone outside of the United Kingdom then it is done at their own risk and the visitor is responsible for compliance with their own relevant laws. The terms and conditions of this website are governed by the laws of England and Wales. Jurisdiction for any claims arising in respect of this website’s content shall lie exclusively with the courts of England. Should any of the terms with in the terms and conditions be found to be invalid by a court of law then the invalidity of such term will not affect the validity of the remaining terms and conditions which shall remain in full force and effect.

  12. General.

    Also read our Terms and Conditions for web design services. If you have any questions regarding the Terms of Use, please contact DivDesign via our Contact page.

PRIVACY POLICY

DivDesign.co.uk respects your privacy and is committed to protecting your personal information that you provide to us. This statement explains our policies and practices regarding the use and disclosure of your personal information by DivDesign.co.uk. Please note that, DivDesign.co.uk reviews and updates this Privacy Policy from time to time as needed without notice. Therefore, you should review the terms of this policy periodically to make sure that you are aware of how DivDesign.co.uk collects and uses personal information. By using our web site, you consent to the collection and use of your personal information by DivDesign.co.uk as explained below.

 

  1. Personal Information.

    You have complete control over your personal information. In general, you can visit our web site without providing us with any personal information. However, there are instances where we must have your personal information in order for us to grant you an access to our protected and secured sites. This information may include registration data (your name, address, email address, phone number, title, etc.), information request data and response data (“User Information”). When you receive your confirmation email or when you receive any email from the list server, you will be given instructions on how to remove yourself from the list.

  2. Use of User Information.

    We intend to use such information for purposes of supporting your and your employers relationship with DivDesign.co.uk by designing a web site content that is suitable to your needs and alerting you to new product and service offerings as they become available. This User Information may be retained by DivDesign.co.uk to verify compliance with the agreement between DivDesign.co.uk and you or your employer, to keep track of the domains from which people visit us, to create a user profile to better serve you and your employer, or to simply contact you either electronically or otherwise. If you decide that we should not use your personal User Information to contact you, please let us know and we will not use that information for such purpose. However, please do not submit any User Information if you are less than 18 years of age.

  3. Disclosure of User Information.

    DivDesign.co.uk does not sell, trade or transfer User Information to third parties. However, we may share User Information with our business partners for marketing, advertising or product/service offering purposes. For example, we provide User Information to our service providers for direct emailing of our newsletters, online surveys or notifications on DivDesign.co.uk Offerings to our viewers. We also disclose User Information if: we have your consent; we need to share it in order to provide you with the products and/or services you requested; we respond to a court order or you violate our Terms of Use. You may separately agree to provide your personal information to third parties that provide content for DivDesign.co.uk Offerings, in order to access and/or use their products and/or services. If you agree to provide such information to these third parties, then your personal information will be subject to their privacy policies.

  4. Accuracy and Security.

    The accuracy and security of the User Information is important to DivDesign.co.uk. Currently, you may review and request updates to your User Information retained by contacting DivDesign.co.uk. If you contact us to correct your User Information, we will attempt to correct such inaccuracies in a timely manner. DivDesign.co.uk is concerned with the security of your User Information and is committed to taking reasonable steps to protect it from unauthorized access and use of that personal information. To that end, we put in place the appropriate physical, electronic and managerial policies and procedures to secure your personal User Information. We also continue to implement procedures to maintain accurate, complete and current User Information.

  5. Usernames and Passwords.

    Access to certain content on our web site may be allowed under a written agreement between you or your employer and DivDesign.co.uk and will require a username and/or password. In some cases, failure to provide personal information may prevent you from accessing certain DivDesign.co.uk web site(s) containing certain confidential information, products, services, or promotional offers. By accessing and using our protected and secured web site(s), you agree to maintain the confidentiality of the username and password you selected to access such site(s) and consent to our Terms of Use.

  6. Cookies.

    DivDesign.co.uk uses “cookies”. A cookie is a small data file that a web site can transfer to a visitor’s hard drive to keep records of the visits to such site. A cookie contains information such as your username and password that helps us recognize the pages you have visited and improve future visits, but the only personal information a cookie can contain is the information that you provide yourself. A cookie cannot read data off of your hard drive or read cookie files created by other sites. Information stored in cookies may be encrypted, however, we do not store your credit card number in cookies. If you prefer not to accept a cookie, you can set your web browser (Microsoft Internet Explorer or Netscape Navigator) to warn you before accepting cookies or you can refuse all cookies by turning them off in your web browser. However, access to some of our secured web site(s) may require the use of cookies, which you must enable only cookies that get sent back to the originating server. Otherwise, you can still access most of the features on our web site even without accepting a cookie.

  7. External Links.

    DivDesign.co.uk web site provides links to other third party web sites. Even if the third party is affiliated with DivDesign.co.uk through a business partnership or otherwise, DivDesign.co.uk is not responsible for the privacy policies or practices or the content of such external links. These links are provided to you for convenience purposes only and you access them at your own risk.

  8. Terms of Use.

    Please also see our Terms and Conditions above and Terms of Use, which describes the restrictions, disclaimers, indemnification and limitation of liability governing the use of the entire DivDesign.co.uk web site.

  9. General.

    If you have questions regarding our Privacy Statement, please contact DivDesign.co.uk via our Contact page.

 

TERMS AND CONDITIONS – WEB DESIGN CONTRACT

Definition of Terminology

  1. ‘We’, ‘us’ and ‘our’ are all words to be used to describe DivDesign.co.uk
  2. The ‘Client’ or ‘You’ is a person, persons, business or company using any of the services provided byDivDesign.co.uk and nominated as the ‘Customer’, ‘your’ shall be construed accordingly.
  3. The ‘agreement’ is the contract comprising of the contract form and the terms and conditions. the agreement will form a legally binding contract upon signature from both DivDesign.co.uk and the client.
  4. A ‘Project’ is any work undertaken or service provided byDivDesign.co.uk for the client upon the client’s request. Details of the project will be described within the agreement.
  5. ‘Services’ is the work DivDesign.co.uk will provide in relation to the project.
  6. The ‘Domain’ is the website address used to access the website as chosen by the client.
  7. ‘Deliverables’ will be all written, coded and graphical work produced by DivDesign.co.uk in relation to the project, including all source code in the websites.
  8. A ‘Live Website’ is the website when it has been fully activated and is available for internet users to view.
  9. ‘Hosting Costs’ are the costs incurred by the client on yearly basis in order to keep the website live.
  10. ‘Content’ is the images and texts displayed on the website.
  11. ‘mb’ stands for megabyte and is a measurement of storage space.

1. Contract

  1. At DivDesign.co.uk, work will not commence until approval from the client has been acquired. Approval in either a verbal or written format will constitute a formal contractual agreement between the client and DivDesign.co.uk. Approval for commencement of work by the client will be considered acceptance of the terms and conditions outlined below.
  2. Upon approval of the work to be carried out by the client, work will commence once DivDesign.co.uk receives agreed non refundable deposit and acknowledge that is prepared to accept the work as specified in the purchased or ordered web design package on the website or in quotation created by DivDesign.co.uk or on its website. Such acceptance is provided in writing upon consideration based on details provided on Pre – Contract Design Information webpage of DivDesign.co.uk, other written form or verbally.
  3. The contract between DivDesign.co.uk and the client will be based on these terms and conditions, these terms and conditions will be provided to the client in writing as part of the agreement. Variations to these terms and conditions will only take effect once agreed in writing.
  4. The work to be carried out for the client will be set out and agreed in writing prior to the start of the project and provided as part of the agreement.
  5. Email or telephone will be the designated form of communication in regards to the website design and development. It is the clients responsibility to inform DivDesign.co.uk of any changes to contact details. DivDesign.co.uk can not be held liable for any communication issues if valid communication details are not supplied. DivDesign.co.uk will try their utmost to respond to emails within 2 business days.
  6. Work will only commence after receipt of a non refundable deposit of the final project fee as agreed. The remaining amount of the clients balance will be due on completion of the website.
  7. The deposit paid to DivDesign.co.uk will cover the cost of any admin work, communication and any other additional services provided prior to commencement of the project.
  8. The client must keep in contact with DivDesign.co.uk throughout the entire project and must be reachable by DivDesign.co.uk during normal business operating hours. If contact is attempted and the client cannot be reached within 2 weeks then a project may be terminated at which time the deposit will not be returned.
  9. For returning clients; a contract form with details of the work to be carried out will always be supplied. A new copy of the terms and conditions will always be supplied for every new contract.

2. Changes

  1. DivDesign.co.uk will offer a free design service before any contractual agreements are made. During this point the client is free to make revisions as they please. The design revisions period will last until a design is agreed upon and it is documented in writing that the client is happy to proceed without any further changes.
  2. Once the free design revisions period has ended, any amendments to a project or any additions to the project must be requested in writing use a change order form we will supply. On receipt of the change order form, DivDesign.co.uk will review the requested changes/variations/additions and shall respond within the following 5 days. The response will detail: any additional resources needed, the change of timetable and the change of cost. The client should then proceed to notify DivDesign.co.uk if they wish to:
    1. implement the change order and have us proceed under the terms of our response.
    2. proceed under the terms of the original agreement and recind the change order.
    3. Terminate the original agreement with immediate effect, in which case the client will pay DivDesign.co.uk for all work carried out up until and including the date of termination.

3. Fee Rates and Charges

  1. Unless otherwise stated within the agreement, all our services will be chargable at a rate of £40 per hour (forty pounds sterling).
  2. DivDesign.co.uk reserves the right to increase the chargeable rate at any point giving 30 days of notice to clients.
  3. Unless otherwise stated within the agreement, all invoices will be due on the completion of work and receipt of the invoices.

4. Sub Contracting

  1. DivDesign.co.uk may require the services of external contractors/freelancers to work on the project. Should this be the case the client acknowledges that our staffing of the project is entirely at DivDesign.co.uk discretion.

5. Intellectual Property and Rights

  1. The client agrees that any and all of the design rights, trademarks, trade names, copyright, patents and any other intellectual property rights created, developed or used in connection with the development of the clients project as detailed in the agreement shall remain the sole property of DivDesign.co.uk. A signed agreement between the client and DivDesign.co.uk will constitute as acceptance to authorise the client with a non-exclusive license to use these rights for the purpose of their business.
  2. Should new inventions, designs, processes or software evolve as a result of providing services to the client, the client agrees that all rights as outlined in the above (5a) shall belong to DivDesign.co.uk.
  3. An no point during the project or after the completion, termination, or expiry of a project will the client question or dispute the ownership of all property and rights as referred to in the terms (5a) and (5b).
  4. Where DivDesign.co.uk provides images or text for use in a project on the clients behalf, the intellectual rights will remain with the owner of the image and will be paid for. These images are strictly for use on the website only. DivDesign.co.uk are not liable for any misuse of images by the client or any other person or persons.
  5. It is the responsibility of the client to ensure any text or images they provide for use within the project are of their own intellectual property or permission has been given to use the text or images. In the event of any infringement of any third party intellectual rights the client will indemnify DivDesign.co.uk against all liabilities, costs, damages or expenses which they may incur.
  6. At no point will the client be charged for open source software, DivDesign.co.uk will not attempt to pass open source software as their own work. Any charges arising from the use of open source software will be for work produced by DivDesign.co.uk in relation to the project and the installation time required.

6. Approvals, Delivery and Acceptance

  1. In the event that DivDesign.co.uk require approval for proofs of work, the client will endeavour to provide approval for the proofs in a timely manner to enable DivDesign.co.uk to meet the agreed completion date. Should delay be attributable to the client then DivDesign.co.uk can not be held liable for any a project not meeting the proposed deadline.
  2. Delivery milestones and completion dates are given in good faith and should not be taken as a guarantee. Times given by DivDesign.co.uk are to give the client an indication of when they can expect the project to be nearing completion and may change depending on a variety of factors. DivDesign.co.uk will use reasonable efforts to meet the times given to the client, and where applicable; inform the client of any expected delays.

7. Warranties and Limitations on Liability

  1. DivDesign.co.uk warrants that all services provided under any agreement will be provided/developed with all reasonable care and skill.
  2. Any illustrations, drawings, colours or diagrams provided in any of DivDesign.co.uk literature or any other published matter are of a general informative nature and are subject to change at any time without notice and shall not constitute as part of any contract nor shall it give rise to any liability.
  3. DivDesign.co.uk excludes all warranties and makes no guarantee concerning the amount of visitors a website will gain. DivDesign.co.uk can also make no guarantees in relation to any anticipated business or sales in connection with services provided.
  4. Where Search Engine Optimisation services are provided, DivDesign.co.uk can not offer any assurances in relation to where the clients website will rank on search engines. Search engine rankings are a result of a number of factors and although DivDesign.co.uk can follow a series of tasks, the result of the completed tasks can not be guaranteed or predicted. Simplified, DivDesign.co.uk do not guarantee any specific placement or high ranking on search engines.
  5. When updating a website, the client agrees that DivDesign.co.uk can not be held responsible for any change in search engine rankings when updating, changing, creating or hosting a clients website. This also includes potential downtime of a website whether the downtime is beyond the control of DivDesign.co.uk or not.
  6. DivDesign.co.uk requires as a necessity that the client carry out adequate research before proceeding with a website. This must include checking that the website/idea proposed by the client will operate legally. It is important that the website/idea is not illegal in any way and DivDesign.co.uk can not be held liable for any legality issues that may arise.
  7. A copy of all work will be provided for the client upon completion of a project, the client will be responsible for the work and although DivDesign.co.uk will take all precautions necessary, we can not be held liable for the loss, damage or corruption of files and information stored on its servers or individual computers.
  8. DivDesign.co.uk can not be held liable for any underperformance, loss or damage arising from the clients design or specification error or if the client has chosen an incorrect or unsuitable service for their purposes.
  9. DivDesign.co.uk will not be held liable by reason of representation, warranty, condition or any other term for any indirect or consequential damage, loss or any other claim for compensation arising from our negligence, the negligence of any employees or contractors in connection to the project agreement.
  10. Under any other circumstances where DivDesign.co.uk may be liable, our total liability to the client will never exceed the amount of fees payable and paid to us by or on behalf of the client in relation to the project.
  11. DivDesign.co.uk has no control of, or responsibility for any content displayed on a clients website. In no way does any of the textual or visual elements on a clients website constitute DivDesign.co.uk endorsement or approval of the materials on a website or the website itself.
  12. DivDesign.co.uk provides links to clients website for the convienience of potential customers and intends that the links be current and accurate but can not guarantee that such links will point to the intended website at all times.
  13. DivDesign.co.uk cannot be held liable for anything adversely affecting the client’s business operation, sales, or profitability that might be claimed is a direct result of a service provided by DivDesign.co.uk.

8. Confidential Information

  1. All information, specifications, documents, contracts, drawings, design materials, and any other data which DivDesign.co.uk may have supplied and may continue to supply to its clients relating to DivDesign.co.uk business, clients, prices, services, websites and contracts are confidential.
  2. The client agrees that at no point will they supply any of the above said confidential information (8a) to any third parties without prior written consent from DivDesign.co.uk.
  3. The client agrees not to sell, use inappropriately, license, create, develop or deal in any of the supplied confidential information either on their own or through any subsidiary or agent.
  4. DivDesign.co.uk agrees to keep any client information confidential and stored securely.

9. Hosting and Domain Names

  1. If required by the client, DivDesign.co.uk will provide the means to host the website at the cost agreed in the agreement. Hosting will begin on completion of the project and when hosting costs have been received, in the event of a monthly payment plan, hosting will commence on the first monthly payment been received. DivDesign.co.uk will endeavour to provide a professional, reliable service to the client at all times but cannot guarantee the website hosting will be available at all times, particularly in the event of a technical failure beyond the control of DivDesign.co.uk.
  2. Hosting with DivDesign.co.uk is acquired on a yearly contract and upon signing the project contract, the client is entering into a contractually bound subscription for a year, the hosting costs can be paid upon agreement either in a single one off payment or on a monthly basis. On receiving a one off single payment the clients website will be hosted for a year. Monthly payments must be made on the same date of each month, if at any point a payment is not made on time then DivDesign.co.uk reserves the right to cease hosting a website and will require the remainder of payments be paid. DivDesign.co.uk also reserves the right to charge an admin feee for re-activation of a website should this situation arise.
  3. Hosting will run on a yearly contract. At the end of each year it is the clients responsibility to contact DivDesign.co.uk if they wish to continue hosting the website. DivDesign.co.uk will make reasonable efforts to inform the client of any pending hosting renewals.
  4. All standard hosting provided by DivDesign.co.uk is unlimited website storage space unless otherwise stated in the contract.
  5. Domain names will be registered by DivDesign.co.uk on behalf of the client and will be registered to DivDesign.co.uk. Although the domain name will be registered to DivDesign.co.uk it will become the full property of the client on receipt of all payments. DivDesign.co.uk will update the details at the point of full payment been received at the request of the client.
  6. Initial costs of domain registration will be including in the project cost and future domain renewal costs will also be detailed, domain renewal costs will be required on a yearly basis. It is the requirement of the client to ensure domain and/or hosting payments are received in advance of their renewal to ensure no downtime of a website. DivDesign.co.uk can not be held responsible for the loss of a domain name should the client not pay the renewal fee on time. DivDesign.co.uk will make reasonable efforts to inform the client of any pending renewals.
  7. The domain name requested by the client will normally be registered at the beginning of the project in good faith to ensure the domain name can be acquired.
  8. Where a client renews hosting with DivDesign.co.uk, they must also renew their domain name if it is required to keep the site functioning.
  9. If a client choose not to use the hosting provided by DivDesign.co.uk then the hosting of a website and its domain name are the sole responsibility of the client.
  10. A client can move their hosting away from DivDesign.co.uk at any point or transfer a domain name away. This can be done on receipt of any outstanding fees and a £50 admin charge. All payments must be received before the transfer will take place.
  11. If a domain name is purchased through anybody other than DivDesign.co.uk then it is the clients responsibility to ensure the domain name is renewed. DivDesign.co.uk will not renew a domain name at the point of hosting renewal where the domain name has been bought through anybody other than DivDesign.co.uk.
  12. The client agrees to allow DivDesign.co.uk to place a small text link at the footer of a clients website simply stating the website was created by DivDesign.co.uk. The text link will provide a link back to DivDesign.co.uk website.

10. Force Majeure

  1. Neither DivDesign.co.uk or the client shall be responsible to the other party for any delay in performance due to any cause beyond reasonable control of either parties. The affected party shall immediately inform the other party of this occurrence when it happens, stating that the occurrence has happened and the affected party will take all action reasonably possible to remedy the situation and to comply with the terms of this agreement.
  2. In the event that the Force Majeure shall continue for more than a continuous period of 21 days, then the party not in default shall be entitled to terminate the agreement with immediate effect. Neither DivDesign.co.uk or the client will have any liability against the other in respect of this termination arising as a result of the force majeure.

11. Non Payment

  1. In the event of non-payment by agreed due dates, the client agrees that in addition to any rights and claims we may have at law, we may, in the relevant situation:
    1. Discontinue the hosting of the clients website without any obligation to issue the client with further notice; and/or
    2. Discontinue work on ay project we are undertaking for the relevant client at that date; and/or
    3. Apply any deposits or fees received from the client for any projects against any unpaid or overdue invoices/payments; and/or
    4. Retain ownership of the domain name of any website related to the project to which the non payment relates. domain ownership is to stay with DivDesign.co.uk until full payment has been received as written in (9e) of these terms and conditions

12. Termination

  1. DivDesign.co.uk reserves the right to terminate the agreement at any time by giving no less then thirty (30) days prior written notice to the client.
  2. The client may terminate a project at any time. At the time of requesting to cancel a project the client agrees to pay for any work done prior to the date of cancellation at the standard hourly rate as written in these terms (3a) as well as paying for any outstanding subscription fees such as monthly hosting costs. The client also agrees to cover any costs incurred relating to the project where work has been supplied by third parties with whom DivDesign.co.uk have become contractually bound.
  3. DivDesign.co.uk and the client both have the right to terminate the agreement with immediate effect in the event that the other shall be in breach of any of the terms of the agreement and not remedy this breach within 21 days where the breach was/is avoidable and able to be rectified.
  4. In the event of termination; the client agrees to return all hard copy formats of the website provided by DivDesign.co.uk in relation to the terminated project within 7 days. All designs, graphics, audio/visual formats and hard copy materials and data must be returned. All magnetic media formats on which the related material is stored must be purged. The client agrees to sign a termination form confirming all material has been destroyed, returned or purged and they are no longer in possession of any related data.
  5. Termination of the agreement shall be done so without prejudice to any accrued rights of either party.

14. Notice

  1. Any notice required through out the project will be in writing by either post, email or fax and will only be deemed to have been served on receipt of the notice.

15. Transfer

  1. The client shall not transfer or sub contract this agreement without the prior written consent of DivDesign.co.uk. Consent shall not be unreasonably withheld providing no problems should arise from the proposed transfer.

16. Entire Agreement

  1. This agreement consisting of a contract form and these terms and conditions sets out the entire agreement of the parties and supersedes any prior agreements. This provision shall not apply in the case of fraud.

DivDesign.co.uk makes no claims that the content of this website will abide by the laws of countries other than those in the United Kingdom. Access to this website may not be legal by certain persons in certain countries although DivDesign.co.uk will try within reasonable means to ensure this is not the case. If this website is to be viewed by someone outside of the United Kingdom then it is done at their own risk and the visitor is responsible for compliance with their own relevant laws. The terms and conditions of this website are governed by the laws of England and Wales. Jurisdiction for any claims arising in respect of this website’s content shall lie exclusively with the courts of England. Should any of the terms with in the terms and conditions be found to be invalid by a court of law then the invalidity of such term will not affect the validity of the remaining terms and conditions which shall remain in full force and effect.