Our Terms and Conditions of Service

Welcome to DazzleCat (DazzleCat Limited) If you continue to browse and use this website you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy govern DazzleCat's relationship with you in relation to this website.

The term "DazzleCat" or "DazzleCat Ltd" or "DazzleCat Limited" or "us" or "we" or "our" refers to DazzleCat Ltd. Registered in England. Company Number 06635663. The term "you" or "your" or "client" or "the client" refers to the user, viewer of our website, or commissioner of services.

The content of the pages of this website is for your general information and use only. It is subject to change without notice. All prices, offerings and services are subject to change without notice.
Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
All trademarks reproduced in this website, which are not the property of, or licensed to the operator, are acknowledged on the website.
Unauthorised use of this website may give to a claim for damages and/or be a criminal offence.
From time to time this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).
You may not create a link to this website from another website or document without DazzleCat’s prior written consent.
Your use of this website and any dispute arising out of such use of the website is subject to the laws of England.

Copyright and Content
1. The Client MUST own copyright, or have reproduction rights, of all artwork, trade names, photographs, and other materials reproduced in The Client's project. The Client shall indemnify DazzleCat Ltd against any costs whatsoever in connection with the ownership of copyright or reproduction rights. The Client shall have full liability for the consequences of the contents of the printed literature, website or other project commissioned.

2. The Client's logos, artwork, graphics and photographs remain the copyright of The Client. Design, graphics and programming produced by DazzleCat Ltd remain the intellectual property of DazzleCat Ltd. Copyright to the finished assembled work of web pages produced by DazzleCat Ltd is owned by DazzleCat Ltd.

3. Upon the final payment, the client is assigned rights to use as a website the design, graphics, and text contained in the finished assembled website. The original artwork may not be reproduced without consent from us. Rights to photos, graphics, source code, work-up files, and computer programs are specifically not transferred to the client, and remain the property of their respective owners and DazzleCat. They may also be reused on future unrelated projects. DazzleCat Ltd retains the right to display graphics and other Web design elements as examples of their work in their respective portfolio. The client reserves the right to reuse, modify, transfer or sell their implementation although the code itself cannot be resold without consent from DazzleCat.

4. Client agrees that DazzleCat Ltd may include development credits, logo images, and links within any web site/code DazzleCat Ltd designs, builds or amends. If DazzleCat Ltd designs a web site for a Client then Client agrees that DazzleCat Ltd may include a development credit, logo images, and links displayed on the Clients web site. If DazzleCat Ltd builds or amends a web site for a Client then Client agrees that DazzleCat Ltd may include a development credit, logo images, and links displayed on the Clients web site. We may choose to list (or de-list) your website in our portfolio showcase, together with a background summary of the client instructions, and also to place a hyperlink, including screenshot, on our website to link to your website.

5. All preliminary work carried out at The Client's request, whether experimentally or otherwise, shall be charged to The Client.

6. DazzleCat Ltd withholds the right to refuse publication of any content which it sees as being indecent, obscene or offensive towards others.

7. Proofs of all printed work may be submitted for The Client's approval and DazzleCat Ltd shall not be liable for errors not corrected by The Client in such proofs. The Client's alterations and additional proofs necessitated thereby shall be charged as additional charges. When style, type or layout is left to the judgement of DazzleCat Ltd, changes there from made by The Client shall be charged as additional charges. No responsibility will be accepted for any errors, including colour variations, in proofs approved by The Client.

Web Site Design / Development
1. DazzleCat Ltd will produce and publish temporarily on the DazzleCat Ltd web site or email directly to The Client a design proof for The Client's approval. The design copyright of the proof shall remain the sole property of DazzleCat Ltd. Use of the design in any respect without the express written permission of DazzleCat Ltd will constitute breach of copyright.

2. DazzleCat Ltd will complete the design and build of The Client's web site after receiving confirmation that the design proof is satisfactory.

3. Once DazzleCat Ltd has received confirmation that the design proof is satisfactory; modifications to the design specification will be considered an amendment to the contract. All modifications must be confirmed in writing/email and may be chargeable.

4. Our consultancy service and general advice is, by its nature, subjective. It is up to The Client whether they decide to follow our ideas and suggestions. We cannot guarantee that any of those ideas and suggestions will increase traffic to The Client's web site, improve ratings with search engines or boost sales.

5. The estimate/quotation prices at the beginning of this document are based on the number of days that we estimate we'll need to accomplish everything that you have told us you want to achieve as per the requirements specification. If you do want to change your mind, add extra pages or templates or even add new functionality, that won't be a problem. The amendments would be deemed a change request and you will be charged either a fixed price for the change request. Along the way we might ask you to put requests in writing so we can keep track of changes.

6. We will not test old or abandoned browsers, for example Microsoft Internet Explorer 5 or 5.5 for Windows or Mac, previous versions of Apple's Safari, Mozilla Firefox or Opera unless otherwise specified. If you need us to consider these older browsers there would be an additional charge.

Website Hosting
1. DazzleCat Ltd reserves the right not to renew, or to terminate, hosting at our discretion giving no less than 7 days notice.

2. Depending on your websites disk storage usage, bandwidth usage or for the addition of any other features (such as MS Sql Databases) we can make an adjustment on the previously yearly billed hosting price and shall send an invoice to you to that effect.

3. Cancellation of your hosting with DazzleCat Ltd within the one year period would be subject to our hosting cancelation process (point 5 of Invoicing, Payment and Tender Validity). Website hosting start date is the date of the invoice which detailed the hosting cost.

4. A cancelation request must be sent 30 days prior to the expiry of hosting, otherwise hosting for the following year shall be auto-renewed and a new invoice sent for that year.

Expenses
Out-of-pocket expenses will be subject to an industry-standard mark-up to cover time and costs involved. Unless projected to be costly, they will not be included in estimate. Any expenses expected to be above £100 will be discussed with the client. The client shall reimburse DazzleCat for expenses arising from this project, including but not limited to: photography, fonts, hi-res scanning, digital proofs, production expenses, long distance, postage, travel, sales tax (when applicable), messenger services, shipping, hiring of contract writers/designers, software, web hosting, and printing fees. Items generated in-house, such as colour/black & white output and DVDs/CDs, or royalty-free images from my collection.

Approvals
The client will be ultimately responsible for final approval of all compositions; we offer a testing area to enable you to do this or provide screenshots if the composition is not dynamic or interactive (e.g. a promotional leaflet). It is important to make all final corrections and amendments before the project goes live to avoid delays and additional fees. DazzleCat is not liable for any work that has been final approved by the client and made live; we only make live work once approved by the client under their instruction.

Oral Authorisation
Invoices will include (and the client shall be obligated to pay) fees or expenses that were orally authorised.

Completion / Delivery Dates
We have the experience and ability to perform the services you need from us and we will carry them out in a professional and timely manner. Along the way we will endeavour to meet all the deadlines set but we can't be responsible for a missed launch date or a deadline if you have been late in supplying materials or have not approved or signed off our work on-time at any stage.
Any delay in the completion of a project due to external forces beyond my control (such as unusual transportation delays, unforeseen problems at a vendor site, computer/Internet related issues, holidays, bad road conditions, etc.), or actions and negligence of the client (i.e., content delivery delays), shall entitle me to extend the completion/delivery date, upon notifying the client, by the time equivalent of such a delay.

Cancelation
In the event of cancellation of a project, the ownership of all copyrights and original artwork, including sketches, PDF files of layouts, and any other mock-ups, shall be retained by DazzleCat. Any usage by the client of any of the project elements will result in appropriate legal action.

Additional Usage
If the client wishes to make additional uses of the work, client shall seek permission from DazzleCat and pay an additional fee to be agreed upon. For example, if the client wishes to explicitly replicate the created website in another incarnation, this will require prior approval.

Limitation Liability
We can't guarantee that the functions contained in any web page templates or in a completed web site will always be error-free and so we can't be liable to you or any third party for damages, including lost profits, lost savings or other incidental, consequential or special damages arising out of the operation of or inability to operate this website and any other web pages, even if you have advised us of the possibilities of such damages.
If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.

Legal Fees
Client shall bear all costs, expenses, and reasonable attorney’s fees in any action brought to recover payment under this contract or in which I may become a party by reason of this contract.

Invoicing, Payment and Tender Validity
1. Payment for design services must (unless otherwise agreed with DazzleCat Ltd) be made as follows: 50% (or an agreed deposit) with order, plus balance on completion. Design modifications will be charged at the prevailing hourly rate dependant on type of service required. This hourly rate can be changed at our discretion without prior notification.

2. Payment shall be made in UK Pounds Sterling to DazzleCat Ltd. Payments are due within 14 days of presentation of invoice. If due to bank charges, transfer fees, or the like, DazzleCat Ltd should receive less than its invoice amount, DazzleCat Ltd will re-invoice The Client for the shortfall. In the event that any amount remains unpaid 14 days after invoice date, DazzleCat Ltd reserves the right to discontinue, withhold, or suspend services to The Client to whom such unpaid amounts relate.

3. In accordance with The Late Payment of Commercial Debts Act 1998 interest will be charged on all payments received outside of payment terms at the rate of 8% Bank of England base rate. All charges incurred by DazzleCat Ltd due to late payment or cheques that require representing or fees required to recover debts will be passed onto The Client.

4. Tenders, estimates and Quotes are valid for 14 days from the date of the Tender or Quote. All prices quoted may be subject to change without notice after this period.

5. Once DazzleCat Ltd has undertaken a commission for services, a cancellation fee of upto 75% will apply of the total quotation value (less deposit paid) if the contract is terminated through no fault of DazzleCat Ltd. An interim invoice will also be levied for upto 75% of the total quotation value if the commissioned project's content is not received within 60 days of commission. Where hosting (whether actively used or not) is provided and then cancelled a monthly pro-rata amount (from the hoisting invoice date, less 25%) shall be refunded back to the client.

6. If we deem a commission for services to be completed and no further changes or additions have been requested, which must be received within 7 days of our statement of completion, a final invoice shall be issued for the services provided.

Disclaimer
1. DazzleCat Ltd cannot be held liable for any information contained within The Client's web site or printed literature. The content of such remains the copyright and intellectual property of The Client. The Client is liable for any reasonable legal costs incurred by DazzleCat Ltd caused by the content of The Client's web site or other project and agrees to indemnify DazzleCat Ltd for any awards made by a court of law.

2. Search Engine entry and ranking can in no way be guaranteed as this remains the sole discretion of a third party search engine provider.
3. No liability will be accepted for compatibility issues with code or any errors, omissions or failings of software code produced.

4. Where in the instance that a time scale / schedule has been given, DazzleCat Ltd will not be responsible for any money lost to The Client if the deadline is not met.

5. On completion of any web site it is the sole responsibility of The Client to manage the site. DazzleCat Ltd will no longer be responsible for the site upon completion unless an alternative agreement has been reached.

6. Should DazzleCat Ltd waive any of these terms on an individual basis, this shall not affect the validity of remaining clauses or commit DazzleCat Ltd to waive the same clause on any other occasion.

7. This contract shall be subject to English Law. Where it is held that DazzleCat Ltd is not entitled to rely on any term in this contract, then DazzleCat Ltd may also be allowed to cancel all rights and obligations under this contract, or to hold all other clauses as valid entirely at their sole discretion.

8. DazzleCat Ltd reserves the right to amend these terms and conditions at any time.

Authorisation
Written approval or a signature on this document from you, the client, or payment of an invoice issued as a result of a quote or estimate, indicate authorisation from your company to proceed with the project mentioned within this document. You are stating that you are a legally authorized representative and are committing to pay for all fees incurred in the production of this project and that you agree to the Terms laid out here.

Apology
These terms have been drawn up under legal advice principally to protect DazzleCat Ltd from bad debts and the compensation culture - we are generally agreeable, understanding and flexible and will be unlikely to strictly enforce these terms and conditions with clients that are also honest, agreeable, understanding and flexible. We reserve the right to change these at any time.

DazzleCat Ltd, 2010