By placing an order with Hedgehog Digital Limited, you confirm that you are in agreement with and bound by the terms and conditions below.
“Associate” means any consultancy firm, company or individual that the Company may engage to work on the development and delivery of the Services.
“Acceptable Use Policy” means the policy in force from time to time by the Company to ensure all content in use by the Customer as part of the Services meets all UK legal requirements and the Company’s own ethical standards.
“Company” means Hedgehog Digital Limited (Company Number: 07007749)
“Customer” means the organisation stated in the Project Agreement.
“Due Date” means the date specified for the payment of Monthly Costs and Fees in these Terms and Conditions.
“Fees” means the charges made by the Company, including its Associates, to the Customer as stated in the Project Agreement.
“Party(ies)” means the Customer and Company who has signed the Agreement.
“Project” the products and services to be delivered to the Customer as described in the Project Agreement.
“Project Addendum” means the document signed by both Parties that details the changes to the Project Agreement.
“Project Agreement” means the document signed by both parties confirming the quotation accepted by both Parties.
“Project End Date” means the date specified in the Project Agreement when the Project will end.
“Website” means the website designed, developed, hosted and managed by the Company for the Customer.
“Monthly Costs” means the monthly costs for the Services specified in the Project Agreement.
“Fees” means the agreed costs for the Services specified in the Project Agreement.
“Services” means the services defined in the Project Agreement to be provided by the Company to the Customer including but not limited to website creation, e-mail, web hosting, search engine optimisation (SEO) and analytics.
“Terms” means these Terms and Conditions
“Third Party Services” means those services provided by Third Party Service Suppliers which are necessary or appropriate to the provision of the Services as detailed in the Project Agreement.
“Third Party Service Suppliers” means any third party, other than Associates, used by the Company at its sole discretion to provide Third Party Services.
These Terms and Conditions supersede all previous representations, understandings or agreements. The Client’s signature on the Hedgehog Digital order confirmation or payment of an advance fee constitutes agreement to and acceptance of these Terms and Conditions. Payment online is an acceptance of our terms and conditions.
It is not necessary for any Client to have signed an acceptance of these terms and conditions for them to apply. If a Client accepts a quote then the Client will be deemed to have satisfied themselves as to the terms applying and have accepted these terms and conditions in full.
Fees for services to be provided by Hedgehog Digital are defined in the project quotation that the Client receives via e-mail. Quotations are valid for a period of 30 days. Hedgehog Digital reserves the right to alter or decline to provide a quotation after expiry of the 30 days.
Unless agreed otherwise with the Client or listed different in the proposal, all website design services require an advance payment of a minimum of fifty (50) percent of the project quotation total before the work is supplied to the Client for review. The remaining fifty (50) percent of the project quotation total due upon completion of the work, prior to upload to the server or release of materials.
Payment for services is due by cheque or bank transfer. Cheques should be made payable to Hedgehog Digital and sent to Hedgehog Digital, Unit G Groundfloor, St. Erth Business Park, Canon’s Town, Hayle TR27 6LP. Bank details will be made available on invoices.
Whilst every endeavour will be made to ensure that the website and any scripts or programs are free of errors, Hedgehog Digital cannot accept responsibility for any losses incurred due to malfunction, the website or any part of it. The website, graphics and any programming code remain the property of Hedgehog Digital until all outstanding accounts are paid in full.
Any scripts, cgi applications, php scripts, or software (unless specifically agreed) written by Hedgehog Digital remain the copyright of Hedgehog Digital and may only be commercially reproduced or resold with the permission of Hedgehog Digital.
Hedgehog Digital cannot take responsibility for any copyright infringements caused by materials submitted by the client. We reserve the right to refuse any material of a copyrighted nature unless adequate proof is given of permission to use such material.
Any additions to the brief will be carried out at the discretion of Hedgehog Digital and where no charge is made by Hedgehog Digital for such additions, Hedgehog Digital accept no responsibility to ensure such additions are error free and reserve the right to charge an according amount for any correction to these or further additions.
The client agrees to make available as soon as is reasonably possible to Hedgehog Digital all materials required to complete the site to the agreed standard and within the set deadline.
Hedgehog Digital will not be liable for costs incurred, compensation or loss of earnings due to the failure to meet agreed deadlines.
Hedgehog Digital will not be liable or become involved in any disputes between the site owner and their clients and cannot be held responsible for any wrongdoing on the part of a site owner.
Hedgehog Digital will not be liable for any costs incurred, compensation or loss of earnings due to the work carried out on behalf of the client or any of the clients appointed agents.
Hedgehog Digital will not be liable for any costs incurred, compensation or loss of earnings due to the unavailability of the site, its servers, software or any material provided by its agents.
Database, Application and E-Commerce Development
Hedgehog Digital cannot take responsibility for any losses incurred by the use of any software created for the client. Whilst every care has been taken to ensure products are problem free and accurate, the ultimate responsibility lies with the client in ensuring that all software is functioning correctly before use.
The client is expected to test fully any application or programming relating to a site developed by Hedgehog Digital before being made generally available for use. Where “bugs”, errors or other issues are found after the site is live, Hedgehog Digital will endeavour (but is not obliged to) to correct these issues to meet the standards of function outlined in the brief.
A link to Hedgehog Digital will appear in either small type or by a small graphic at the bottom of the Client’s website. If a graphic is used, it will be designed to fit in with the overall site design. If a 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.
Failure to provide required website content:
Hedgehog Digital is a small business, to remain efficient we must ensure that work we have programmed is carried out at the scheduled time. On occasions we may have to reject offers for other work and enquiries to ensure that your work is completed at the time arranged.
This is why we ask that you provide all the required information in advance. On any occasion where progress cannot be made with your website because we have not been given the required information in the agreed time frame, and we are delayed as result, we reserve the right to impose a surcharge of up to 25 (twenty five) percent. If your project involves Search Engine Optimisation we need the text content for your site in advance so that the SEO can be planned and completed efficiently.
If you agree to provide us with the required information and subsequently fail to do within one week of project commencement we reserve the right to close the project and the balance remaining becomes payable immediately.
NOTE: Text content should be delivered as a Microsoft Word, email (or similar) document with the pages in the supplied document representing the content of the relevant pages on your website. These pages should have the same titles as the agreed website pages. Contact us if you need clarification on this.
Using our content management system you are able to keep your content up to date yourself.
Hedgehog Digital will endeavour to ensure that any developed/designed site or application will function correctly on the server it is initially installed in and that it will function correctly when viewed with the latest web browsing software Microsoft Internet Explorer and to an acceptable level with Mozilla and Google browsers. Hedgehog Digital can offer no guarantees of correct function with all browser software.
Whilst Hedgehog Digital recommends hosting companies to host websites, no guarantees can be made as to the availability or interruption of this service by Hedgehog Digital. Hedgehog Digital cannot accept liability for losses caused by the unavailability, malfunction or interruption of this service, or for loss of turnover, sales, revenue, profits or indirect, consequential or special loss.
Hedgehog Digital reserves the right to refuse to handle in any way, material which may be deemed offensive, illegal or in any way controversial, and also to terminate the hosting service should the necessity arise.
A deposit of 50 (fifty) percent is required with any project before any work will be carried out. All deposits are not refundable.
Once a website has been designed and completed the final balance of payment is then due in accordance with our payment terms. There are no exceptions to this, i.e. if the client decides they no longer want the site, as they have commissioned the work and paid a deposit they are still obliged to pay for the work that has been done. Non payment will result in legal action being taken if necessary.
If accounts are not settled or Hedgehog Digital have not been contacted regarding the delay, access to the related website may be denied and web pages removed, we will then pass such cases to the Small Claims Court to pursue payment, non payment can result in county court judgements being added to the clients credit rating.
Hedgehog Digital 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 Hedgehog Digital. The Client should keep a record of the due dates for payment to ensure that payment is received in good time.
This Agreement shall be governed by English Law.
Hedgehog Digital 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;
Loss or damage to clients’ artwork/photos, supplied for the site. Immaterial whether the loss or damage results from negligence or otherwise.
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.