Darkened Wealth Media: Web Development Terms and Conditions

Darkened Wealth Media Terms and Conditions of Business

Definition of our terminology as used within this document:

A ‘Project’ is any work undertaken or service provided by Darkened Wealth Media for the Client on their request and as described in email correspondences to that Client.
A ‘Client’ is a person, persons, business or organisation using any of the services provided by Darkened Wealth Media.
‘Domain’ is the website address as specified by the Client.
‘Open Source Software’ is software made freely available to anyone under the GNU General Public License (GPL).
‘Hosting’ is a yearly cost to keep a clients website activated online.
‘Content’ is both text and images that the Client requires on the website.
‘mb’ stands for megabytes and is a measure of storage space.

Darkened Wealth Media Terms & Conditions

The contract between Darkened Wealth Media and the Client will be on these conditions, to the exclusion of all other terms and conditions. Any variations to these conditions shall have no effect unless agreed in writing.
The works to be carried out shall be as set out in the Darkened Wealth Media proposal email/emails.
Email will be the method of contact with regard to all communication for the website design and development. It is the Client’s responsibility to inform us of any change in email address so we always have up to date email contact details. Darkened Wealth Media cannot be held liable in any way relating to communication issues if we are not supplied a valid email address. Darkened Wealth Media will acknowledge all emails within 3 working days.
Darkened Wealth Media will only commence work on a Project after receipt of a non refundable, 50% deposit of the quoted Project fee from the Client. The final 50% payment is to be made on completion of the website.
The deposit paid to Darkened Wealth Media covers the cost of design work carried out as well as any admin work and communication with Darkened Wealth Media. The deposit is non refundable.
The unlimited design revisions offered by Darkened Wealth Media end when the client makes the second payment of 50%. Design changes beyond this point are subject to additional charges.
Darkened Wealth Media shall expect the Client to carry out sufficient research before proceeding with a website. This will include checking that the website/idea/business will operate legally. It is important that the website is not in any way illegal.
It is important for the Client to keep in contact with Darkened Wealth Media throughout the entire Project. If a Client does not make contact for 2 weeks we will make up to 3 attempts to contact the client by email using the email address specified when the client placed their order. If we do not receive a response to these attempts of contact the Project may be terminated, and the deposit will not be refunded. We will levy a £100 admin charge if the client later returns and wishes to continue work on their project.
Where images used on the website have been purchased by Darkened Wealth Media on behalf of the Client, these images are strictly for use on the website only. Darkened Wealth Media are not liable for misuse of these images by the Client or any other person’s copying, altering or distributing the images to individuals or other organisations.
Darkened Wealth Media will host the website if the Client requires us to do so and on receipt of full payment of our Hosting fees. In doing so, Darkened Wealth Media will endeavour to provide a reliable and professional service to the Client at all times but do not guarantee that the website Hosting will be available at all times, especially in the event of a technical failure beyond our control.
All standard hosting offered by Darkened Wealth Media is limited to 500mb of website space unless otherwise stated in a separate contract. If your site requires more than 500mb of space we will advise of other hosting solutions and then cease hosting the site.
Darkened Wealth Media cannot be held responsible for anything adversely affecting the Client’s business operation, sales, or profitability that might be claimed is a result of a service offered by Darkened Wealth Media.
Where asked to provide search engine optimisation for a Client, Darkened Wealth Media do not guarantee any specific placement or high ranking on search engines.
Darkened Wealth Media do not take any responsibility for a clients website rank on search engines. This also includes any potential website downtime that can occur. When updating, changing, creating and hosting a client’s website, there could be a change in the websites search engine ranking.
Darkened Wealth Media will provide the Client with an expected completion date for the Project (live on the internet) if requested. Darkened Wealth Media will endeavour to meet any given deadline, but do not guarantee and are not bound in any way to complete the Project by this date. The expected completion date provided by any employee of Darkened Wealth Media is purely an estimate.
It is the Client’s responsibility to check with Darkened Wealth Media whether Open Source Software is being used or not.
The Client shall not be charged for Open Source Software. If there is a charge for a website using Open Source Software, the Client is paying for the installation time. Open Source Software is not owned by Darkened Wealth Media or the Client.
Darkened Wealth Media owns all design and code of the website until final payment has been received in full. Once final payment is received, the Client will then own the design and code of the website, unless Open Source Software is used. Images will have been purchased by Darkened Wealth Media for the Client, unless the images have been supplied by the Client. Images purchased by Darkened Wealth Media are licensed only for use on the client website and are limited to no more than 15 images dependent on the size of the project. Item 19 is subject to item 18.
All images displayed on the Client’s website will only be used after authorisation by the Client, and are the sole responsibility of the Client regarding usage and copyright. Should any legal issues or claims arise from the content or copyright of any images supplied by the Client or Darkened Wealth Media, they will be the sole responsibility of the Client. This clause excludes images which are provided by Darkened Wealth Media.
Domain names will be registered by Darkened Wealth Media and also registered to the Darkened Wealth Media current address. Although the domain names are registered to Darkened Wealth Media, the Client is the legal owner of the domain and if they request to have details changed or the domain transferred elsewhere, Darkened Wealth Media will do this within a reasonable timeframe.
A domain name will be registered by Darkened Wealth Media on behalf of the client once we have received the 50% deposit.
If the Client chooses our Domain Management service, Darkened Wealth Media will arrange for renewal of the domain name/names once payment for the year’s service in advance has been received.
If the Client chooses to manage their own domain name/names, it is the responsibility of the Client to renew their domain names when due. If a domain name expires, Darkened Wealth Media cannot be held liable for this. However, Darkened Wealth Media will make reasonable effort to contact the Client regarding domain renewal.
When a Client renews Hosting with Darkened Wealth Media, this also includes domain renewal if the renewal is needed to keep the site functioning and was purchased as part of the Hosting package. If the Client does not renew the Hosting, their domain name could be made available to the public for purchase and Darkened Wealth Media cannot be held liable for this.
Renewal of Hosting is due on a yearly basis in advance. The date of renewal will be annually from the date the website was made live. The Hosting will not be renewed if Darkened Wealth Media cannot contact the Client or the Client requests for Darkened Wealth Media to not host this site. This will also affect the domain as per items 22 & 23.
The Hosting renewal charge must be received within 10 days of the Hosting expiry date. Darkened Wealth Media reserve the right to deactivate any website where the Hosting has expired and the Client has not paid the renewal charge. There will be an admin fee set by Darkened Wealth Media for reactivating the website/Hosting.
If the Client does not use Darkened Wealth Media Hosting services, then the management and Hosting of the Domain name are the full responsibility of the Client.
Should a Client wish to move Hosting away from Darkened Wealth Media or transfer a Domain name away from Darkened Wealth Media, a £100 admin charge will be issued, which must be paid before the transfer takes place.
Darkened Wealth Media has no control of, or responsibility for, the content of Clients’ websites. In no way does the textual or image based Content of our Client’s web sites constitute Darkened Wealth Media endorsement, or approval of the website or the material contained within the website. Darkened Wealth Media has not verified any of the materials, images or information contained within our Client’s web sites and is not responsible for the content or performance of these sites or for the Client’s transactions with them. Darkened Wealth Media provides links or references to our Client’s websites solely for the convenience of prospective customers and intends that the links it provides be current and accurate, but does not guarantee or warrant that such links will point to the intended Client site at all times.
Darkened Wealth Media shall place a small text link on the footer of a Client’s website that simply states the website was designed by Darkened Wealth Media and links to our company website. This link can be omitted for a fee of £100.
Darkened Wealth Media may use your website as an example of our work for marketing purposes. If you do not wish for your website to be used for marketing purposes by Darkened Wealth Media, you must inform us in writing before any deposits are paid.
Darkened Wealth Media are not liable for loss, damage or corruption to files or information stored on its servers or individual PCs relating to a Client’s website. The Client is solely responsible for any information or files relating to its website.
If a Domain name is purchased by the Client through a company other than Darkened Wealth Media, the Client has full responsibility in making sure that the domain name is renewed when due. Darkened Wealth Media will not renew the Domain name when annual Hosting renewal is due if the Domain name is purchased through a company other than Darkened Wealth Media.
Darkened Wealth Media makes no claims that the contents of this website may be lawfully viewed or downloaded outside England and Wales. Access to this website may not be legal by certain persons or in certain countries. If this website is accessed from outside of the United Kingdom, it is done at own risk and the visitor is responsible for compliance with the relevant laws of the visitor’s jurisdiction. 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 and Wales. If any provision of these terms and conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these terms and conditions, which shall remain in full force and effect.
Payment of your initial deposit will be deemed as acceptance to all of the above terms.

(*) Darkened Wealth Media will not tolerate any form of harassment against its employees, business associates or any third party contractors working on their behalf from customers or any third parties working on behalf of customers, and we reserve the right to cancel a contract without refund in the event of unreasonable or inappropriate conduct. This includes threatening behaviour and abuse directed towards our employees. Thereafter, any further communication must be via postal mail only.