The following terms and conditions apply to all website development / design services provided by Digi-Queen under Eden Marketing Ltd to the Client.

1. Acceptance

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.

Please read these terms and conditions carefully. Any purchase or use of our services implies that you have read and accepted our terms and conditions.

2. Charges

Charges for services to be provided by Eden Marketing Ltd are defined in the project quotation that the Client receives via e-mail. Quotations are valid for a period of 30 days. Eden Marketing Ltd reserves the right to alter or decline to provide a quotation after expiry of the 30 days.

Unless agreed otherwise with the Client, all services require an advance payment of fifty (50) percent of the project quotation total before the work commences, with the remaining fifty (50) percent of the project quotation total due 14 days after completion of the work, prior to upload to the server or release of materials.

Work will not begin on the project until the fifty (50) percent deposit is paid. Payment for services is due by bank transfer. Bank details will be made available on invoices.

3. Client Review

Eden Marketing Ltd will provide the Client with an opportunity to review the appearance and content of the website during the design phase and once the overall website development is completed. At the completion of the project, such materials will be deemed to be accepted and approved unless the Client notifies Eden Marketing Ltd otherwise within fourteen (14) days of the date the materials are made available to the Client.

4. Turnaround Time and Content Control

Eden Marketing Ltd will install and publicly post or supply the Client’s website by the date specified in the project proposal, or at date agreed with Client upon Eden Marketing Ltd receiving initial payment, unless a delay is specifically requested by the Client and agreed by Eden Marketing Ltd.

In return, the Client agrees to delegate a single individual as a primary contact to aid Eden Marketing Ltd with progressing the project in a satisfactory and expedient manner.

During the project, Eden Marketing Ltd will require the Client to provide website content; text, images, movies and sound files etc. to populate the website.

5. Failure to provide required website content

To remain efficient, Eden Marketing Ltd must ensure that work we have programmed is carried out at the scheduled time. We pride ourselves on meeting deadlines, ensuring a smooth delivery of the project. 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 at least two (2) weeks prior to the agreed completion date. 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 move the completion date. If your project involves Search Engine Optimisation, we need the text content for your site agreed 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 before the agreed time, two (2) weeks prior to the project completion date, we reserve the right to place your project on hold until you have provided the information. This may lead to your project launch date being rescheduled.

You will be provided with a content management system so that you are able to keep your content up to date yourself.

6. Payment

An invoice will be provided by Eden Marketing Ltd upon acceptance of the quote. Invoices will be sent via email. Invoices are due upon receipt. Accounts that remain unpaid thirty (30) days after the date of the invoice will be assessed a service charge in the amount of the higher of twenty percent (20%) or £40 per month of the total amount due, whichever is greater.

7. Additional Expenses

The Client agrees to reimburse Eden Marketing Ltd for any additional expenses necessary for the completion of the work. Examples would be the purchase of special fonts, stock photography, plugins etc. This payment will be required prior to the purchase of the additional required materials. The Client will be made aware of any additional costs before purchasing.

8. Web Browsers

Eden Marketing Ltd makes every effort to ensure websites are designed to be viewed by the majority of visitors. Websites are designed to work with the most popular current browsers (e.g. Firefox, Microsoft Edge, Google Chrome, etc.). All websites are designed to be responsive and viewable on mobile devices such as tablets and mobile phones (i.e. iPhone, Galaxy, etc.). The client agrees that Eden Marketing Ltd cannot guarantee correct functionality with all browser software across different operating systems and devices.

Eden Marketing Ltd cannot accept responsibility for web pages which do not display acceptably in obsolete version or new versions of browsers released after the website have been designed and handed over to the Client. As such, Eden Marketing Ltd reserves the right to quote for any work involved in changing the website design or website code for it to work with updated browser software.

9. Default

Accounts unpaid thirty (30) days after the date of invoice will be considered in default. If the Client in default maintains any information or files on Eden Marketing Ltd’s server, Eden Marketing Ltd will, at its discretion, remove all such material from its web space. Eden 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. Clients with accounts in default agree to pay Eden Marketing Ltd reasonable expenses, including legal fees and costs for collection by third-party agencies, incurred by Eden Marketing Ltd in enforcing these Terms and Conditions.

10. Termination

Termination of services by the Client must be requested in a written notice or email and will be effective on receipt of such notice. Telephone requests for termination of services will not be honoured until and unless confirmed in writing or email. The Client will be invoiced for design work completed to the date of first notice of cancellation for payment in full within thirty (30) days.

11. Indemnity

All Eden Marketing Ltd’s services may be used for lawful purposes only. You agree to indemnify and hold Eden Marketing Ltd harmless from any claims resulting from your use of our service that damages you or any other party.

12. Copyright

The Client retains the copyright to data, files and graphic logos provided by the Client, and grants Eden 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 Eden Marketing Ltd permission and rights for use of the same and agrees to indemnify and hold harmless Eden 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 Eden Marketing Ltd that all such permissions and authorities have been obtained. Evidence of permissions and authorities may be requested.

13. 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 (text files delivered online via a third party i.e. We transfer, Dropbox, Google Drive or via e-mail) and that all photographs and other graphics will be provided in .gif, .jpeg, .png or .tiff format.

14. Design Credit

A link to Eden Marketing / Digi-Queen will appear in small type, linked to our URL www.digiqueen.co.uk at the bottom of the Client’s website. The Client also agrees that the website developed for the Client may be presented in Eden Marketing’s / Digi-Queen’s portfolio.

15. Access Requirements

If the Client’s website is to be installed on a third-party server, Eden Marketing Ltd must be granted temporary read/write access to the Client’s storage directories which must be accessible via FTP and/or cPanel. Depending on the specific nature of the project, other resources might also need to be configured on the server.

16. Post-Placement Alterations

Eden 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.

17. Domain Names

Eden Marketing Ltd can purchase domain names on behalf of the Client. Payment and renewal of those domain names is the responsibility of Eden Marketing Ltd. The loss, cancellation or otherwise of the domain brought about by non or late payment by the client is not the responsibility of Eden Marketing Ltd. The Client should keep a record of the due dates for payment to ensure that payment is received in good time.

18. General

These Terms and Conditions supersede all previous representations, understandings or agreements. The Client’s acceptance via email, text 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.

19. Governing Law

This Agreement shall be governed by English Law.

20. Liability

Eden 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;
  • 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 Eden 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.

21. Severability

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 clause.

22. Contact

Eden Marketing Ltd is registered in England and Wales: 07677001.

Registered Office Address
17 Victoria Road East
Thornton Cleveleys
Lancashire
United Kingdom
FY5 5HT

Email: info@edenmarketing.co.uk