This document sets out the Terms & Conditions between your business, organisation (or an individual) and SeaDog IT Ltd (hereafter referred to as SeaDog IT) and to how we expect to conduct our relationship with you. This is so we can work together as effectively as possible to deliver the services we have specified in our proposal of work / quotation.
We’ve tried to minimise complicated legal terms or long passages of unreadable text. Not every section will be applicable to you – this depends on the specific service(s) we are providing.
We have a valued client portfolio that is built on mutual respect. If any Term or Condition appears unreasonable this is not our intention. We are always striving to improve our services and your feedback will always be welcome.
We aim to achieve the highest level of Client satisfaction and for our Clients to have absolute faith in our standard of work and the professional manner in which we conduct business. We will:
It is not necessary for any Client to have signed an acceptance of these Terms & Conditions for them to apply. If a Client accepts a proposal or work / quotation then the Client will be deemed to have satisfied themselves as to the terms applying and have accepted these Terms & Conditions in full.
No other contract Terms & Conditions shall apply unless specifically agreed in writing between SeaDog IT and the Client. Acceptance of a proposal of work / quotation forms the basis of the contract between SeaDog IT and the client.
SeaDog IT may provide Clients with initial estimates, otherwise referred to as proposal or quotations, for projects on request. The final project value may vary from the initial quotation if additions are requested to the original scope of work.
SeaDog IT will provide quotations in writing by email to Clients and / or from our online accounting system, which will include a hyperlink to these Terms & Conditions. Acceptance by a Client of a SeaDog IT proposal of work / estimate / quotation is subject to acceptance of the terms and conditions unless specifically agreed in writing between the Client and SeaDog IT to the contrary.
A proposal of work / quotation / estimate is valid for 30 days.
Payment can be made by cheque or BACS / bank transfer or online via secure payment services through our invoicing & payment service. Payment is due within 21 days of invoice unless otherwise specified in the quote. If a cheque is returned by the bank as unpaid for any reason, the client will be liable for an additional administration fee of £35.
All overdue invoices will attract interest at 8% (per calendar month or part thereof) over and above the prevailing Bank of England Base Rate. Payment more than 45 days overdue will result in termination of services (this includes hosting). We reserve the right to suspend services where accounts are outstanding. Any legal costs incurred while pursuing a debt will be chargeable to the debtor.
SeaDog IT reserves the right to increase their pricing in line with the official annual inflation rate each year, which is obtained from The Office For National Statistics (UK). From time to time, there may be additional price increases for any of the services we provide. These will be advised in writing by email 21 days in advance.
In the event that website development cost has been broken up into a payment schedule as detailed in the proposal / quotation or estimate, SeaDog IT will remain the owners of the website until the design and development work has been paid in full as per the initial quotation.
On acceptance of our proposal of work / quotation / estimate you will be charged 50% of the agreed quotation / project fee and work will commence following receipt of payment into our designated bank account. If SeaDog IT undertake a project which is large or deemed to be of significant duration then interim payments may be required at agreed milestones within the project.
After work commences any fees paid are not refundable.
Unless expressly agreed in writing to the contrary, SeaDog IT will not accept liability to the Client for unforeseen delays in completing a project. In the event that there is a delay in the completion of a project, SeaDog IT will communicate such delays to the Client in writing via email.
All graphic design content needs to be provided within 1 week of a deposit being paid to commence a project.
The client is required to provide SeaDog IT with all the content required for a project within the period detailed above. Should the client delay issuing SeaDog IT with the content required for the project, SeaDog IT reserves the right to renegotiate the cost of the project as well as the expected completion date. In such instances, SeaDog IT will request any outstanding payments to be settled before the continuation of the project.
All website content needs to be provided by the client within 2 weeks of payment of a deposit to commence a project. Should the client delay issuing SeaDog IT the content required for the project, SeaDog IT reserves the right to renegotiate the cost of the project as well as the expected completion date. In such instances, SeaDog IT will request any outstanding payments to be settled before the continuation of the project.
CMS websites such WordPress require updates to plugins and themes. If the client has not opted for a monthly maintenance fee, such updates and the cost thereof, remain the responsibility of the client. However, plugins and themes may be quoted for separately if required.
Additional pages, images and revisions on projects above the scope of work agreed above will attract additional charges.
All E-commerce websites will come with Flat Rate shipping. It is the client’s responsibility to negotiate shipping costs with his / her preferred supplier and to provide SeaDog IT with specified flat rates. Alternative Shipping Plugin purchase and configuration fall out of the scope of work, unless specifically quoted for.
All e-commerce website payment facilities. It remains the responsibility of the client to keep these updated and to provide us with their login details.
SeaDog IT cannot be responsible for any websites that have stopped working or have become faulty over time due to the website becoming “outdated”. Outdated websites can be affected due to many aspects, such as new browser software, outdated web code, etc. SeaDog IT cannot be expected to keep your website updated in every aspect without being compensated to do so. In this situation the Client may opt to have their website redeveloped or select one of our subscription based website packages where SeaDog IT is responsible for updating this on your website at all times.
If images, text, animations, layouts or any other content for a website / web development project is provided by the client, it is their legal responsibility to ensure that this material does not infringe any copyright. SeaDog IT cannot take responsibility for any copyright infringements caused by materials submitted by the client. SeaDog IT reserves the right to refuse any material of a copyrighted nature as website content unless adequate proof is given of permission to use this material.
The client agrees to defend, indemnify, and hold SeaDog IT harmless against claims against material added to a clients website at any time which infringes or allegedly infringes on the proprietary rights, legal and / or civil rights of any third party.
Certain images provided by SeaDog IT may have been purchased under licence from stock image suppliers. These images are generally only licensed for use on a website. The licence may not permit them to be used in publicity material.
The website owner is legally responsible for ensuring that this does not happen. If the Client wishes to use any such images from the website for other purposes they are required to contact SeaDog IT to clarify whether this is appropriate.
The client agrees to meet all third party costs arising from the purchase of stock photography as well as any administration fees relating to the procurement of images imposed by SeaDog IT.
Travelling time to and from customer premises or other meeting places is not generally included in any quotations or estimates. SeaDog IT reserves the right to make a charge for travelling time at the current hourly rate. Likewise SeaDog IT reserve the right to charge for travelling expenses based on 45p per mile. (NB: SeaDog IT do not charge for travelling time or expenses incurred during the quotation process, i.e. before approval for work to commence is received).
SeaDog IT will endeavour to ensure that any developed / designed website or application will function correctly on web browsers Safari, Chrome, Firefox, Edge, Microsoft Internet Explorer Version 11 and above.
SeaDog IT takes steps to preserve the security of our client’s websites wherever possible. However, we cannot (and do not) guarantee the prevention of hacks, viruses or unexpected data deletion and accept no responsibility nor liability for any damages resulting from such an incident. If a client’s website is compromised or hacked, it is the responsibility of the client to rectify this problem – SeaDog IT will provide support and assistance as required. SeaDog IT reserve the right to shutdown any website held on SeaDog IT’s servers that has been compromised or hacked.
SeaDog IT may advise on, and purchase domain names on behalf of the Client – subject to availability. The Client is the owner of the domain. However where SeaDog IT is managing the Client’s website we generally need to be listed as a technical and administrative contact for the domain name(s). To minimise the risk of domain cancellation or loss, your domain name(s) will automatically be renewed unless we receive written instructions from you to cancel it.
The loss, cancellation or otherwise of the domain brought about by non or late payment is not the responsibility of SeaDog IT. Payment and renewal of domain names not purchased by SeaDog IT is the responsibility of the Client.
By registering a domain name ending in .uk (with some very limited exceptions), you enter into a contract of registration with Nominet UK. The contract includes conditions limiting Nominet’s liability and relating to their use of your personal information. This contract is just for the domain name and separate to any arrangement you may have with any other organisation for providing related internet services.
Click here to view or download Nominet’s Terms and Conditions of Domain Name Registration.
SeaDog IT will use their best endeavours to rectify the cause of any disruption in the hosting service of a Client’s website(s) and to minimise the duration of any such instances. This is only applicable for websites hosted and maintained by SeaDog IT.
SeaDog IT will not be liable to the Client for any compensation in respect of any downtime that may occur with the hosting of their website(s).
Only If website maintenance is selected and paid for on a monthly basis, will SeaDog IT keep a backup of all Client website files.
In the event that a SeaDog IT wishes to move their website to another web server supported by another party, then SeaDog IT will cooperate fully, subject to all outstanding amounts being paid up in full, in some instances a transfer fee will be applicable.
When undertaking a new contract, SeaDog IT will code the clients site to be search engine friendly. We will also advise you on some of the best ways to grow traffic to your site and make you aware of online advertising options such as Google AdWords, for example.
SeaDog IT accepts no responsibility nor liability to the Client for the actual rankings achieved or how such rankings may vary over time. Search engines are known to change their algorithms and in such doing rankings and traffic may fluctuate.
If the Client wishes to take out an ongoing Search Engine Optimisation contract, this will take the form of a separate agreement to the website contract. In the absence of a Search Engine Optimisation contract, SeaDog IT is not responsible for ongoing site promotion.
SeaDog IT – provides Search Optimisation services including AdWords campaign set up and management, on-site optimisation, traffic analytics and search engine rank position monitoring.
If a written contract is entered into by SeaDog IT and the Client for such services, this contract will specify the exact services to be provided, in exchange for a charge calculated at a daily rate. Our rates are not dependent upon nor linked to site traffic, rankings in search engines or any other performance metrics or data supplied by third party companies.
All information pertinent to a Search Optimisation campaign shall be supplied to SeaDog IT including history of any prior campaigns conducted with other Search Optimisation providers.
SeaDog IT shall not be responsible for URLs dropped or excluded by a search engine for any reason.
Third-Party Resources, particularly Facebook & Twitter, change their layouts and some of the API’s they use to connect these services to Client websites. These can very often affect any business page installations and applications. SeaDog IT will not be held liable for these changes and, should work need to be done to rectify, then a new “quote” would need to be drawn up.
Where required / requested, SeaDog IT will set up Client’s email service with email service providers (such as Google, Microsoft) and charge a fixed amount for doing this.
Any ongoing charges / subscriptions associated with these services are payable to the designated providers. In some instances – or where requested (e.g. where the organisation doesn’t have a suitable debit / credit card facility), SeaDog IT will utilise their own credit / edit card to facilitate the payment of these fees. In these cases a 10-15% administration fee will be levied to the agreed periodic recharge schedule.
Additional Terms & Conditions for email services are agreed between the Client and the Provider and are not the responsibility of SeaDog IT. The email providers we recommend usually have their own comprehensive IT support which can be provided free of charge depending on the package the Client has signed up for.
If a Client requires additional support for any reason, SeaDog IT will provide this at our usual hourly rate – available on request.
We’re proud of the work we carry out for our clients and want to share / advertise this as part of our own portfolio. Unless specifically requested and agreed in writing by SeaDog IT, a link to SeaDog IT will appear in either small type or by a small graphic at the bottom of the Client’s website.
If any provision (or part of a provision) of this agreement is found by any court or administrative body of competent jurisdiction to be invalid, unenforceable or illegal, the other provisions will remain in force.
If any invalid, unenforceable or illegal provision would be valid, enforceable or legal if some part of it were deleted, the provision will apply with whatever modification is necessary to give effect to the commercial intention of the parties.
SeaDog IT retains ownership of all intellectual property, including source code of all website pages and original images created for the client until payment of the final invoice. At this time ownership rights of imagery will be transferred to the client.
Any scripts, CGI applications, PHP scripts, or software written by SeaDog IT remain the copyright of SeaDog IT (unless an alternative arrangement has been agreed prior to the contractual agreement) and may only be commercially reproduced or resold with the permission of SeaDog IT.
SeaDog IT will not be liable for any copyright infringements committed by the Client with regards to content provided. The Client hereby agrees that all content submitted to SeaDog IT is original content and not copied from other websites.
SeaDog IT shall be under no liability if they are unable to carry out any provision of the contract for any reason beyond their control including (without limiting the foregoing) Act of God, legislation, war, acts of terrorism, fire, flood, drought, failure of power supply etc.
Subject to the overriding clauses above and in any other written agreement, the Client has the right to terminate their contract with SeaDog IT at any time, subject to you providing SeaDog IT with one month’s notice and paying any outstanding invoices or accrued work in progress or liability that has not yet been invoiced. Notice will not be accepted or deemed to be effective until outstanding invoices and liabilities for work carried out are paid in full.
SeaDog IT reserves the right to terminate any or all of its services to you without explanation at any time. Where possible, termination of any or all services will be accompanied by one month’s notice. Upon Termination of the contract, refunds will not be given for any unexpired periods of service contracts, services or facilities. Notwithstanding Termination of the contract with SeaDog IT, you will still be bound by all these terms and conditions including any outstanding liabilities, payment terms, copyright and exclusion of incidental, consequential and other losses.
These Terms shall be governed by and construed in accordance with English law. Any dispute(s) arising in connection with these Terms are subject to the exclusive jurisdiction of the courts of England and Wales.
Please note that these Terms and Conditions are Subject to updates.