Terms and Conditions
1. Data Giant Limited (Registered Company Number: 09477548), 4 Crofton Park, Yeovil, Somerset (“Data Giant Limited”)
2. Any person or company who choose Data Giant Limited (The “Customer”)
Definition of Terms
Project – This refers to the work detailed within the Proposal, Invoice, Agreed Verbal Discussion, Agreed Email Discussion or Quotation built by Data Giant Limited and agreed to by the Customer.
Acceptance Period – This refers to a maximum of 10 working days after the beta version of the project is provided (this applies to web and app projects only). During these 10 days we will carry out any tweaks and bug fixes to ensure the project is working in conformity with the proposal, invoice, agreed verbal discussion, agreed email discussion or quotation agreed with the Customer
New Requirements – This term refers to any additional feature or requirement requested by the Customer that was not included within the agreed Proposal, Invoice or Quotation.
Third Party Works – This refers to any work, software, script or code that is not developed by Data Giant Limited or the Customer
Project Creep – Additional changes requested in the project from the agreed specification set out in the Proposal, Invoice or Quotation
1. The Services
1.1 Data Giant Limited will:
(a) Design, develop and deliver the Project as per the Proposal, Invoice, Agreed Verbal Discussion, Agreed Email Discussion or Quotation provided to the Customer;
(b) Incorporate the functional features specified in the Proposal, Invoice, Agreed Verbal Discussion, Agreed Email Discussion or Quotation agreed by the parties, together with the Third Party Works (if any), into the project;
(c) Keep the Customer informed of the progress of the Project during design and development via a project management tool, emails, telephone or video conferencing, as and when required.
(d) Provide the Customer with reasonable access to the Project for testing and acceptance normally via email
(e) Deliver the Project to the Customer in accordance with the Proposal, Invoice or Quotation and agreed payment terms.
1.2. Data Giant Limited will use reasonable endeavours to perform the services in accordance with the timetable set out in the Proposal, Invoice or Quotation; however, Data Giant Limited cannot guarantee that that timetable will be met if there is delays from the Customer to provide the Customer Obligations (see below) or other unforeseen delays beyond the control of Data Giant Limited.
2. Customer Obligations
2.1 The Customer will provide Data Giant Limited with:
(a) Such co-operation as required by Data Giant Limited (acting reasonably) to enable the performance by Data Giant Limited of its obligations under this Agreement; and
(b) All information, content, photos and documents required by Data Giant Limited (acting reasonably) in connection with the provision of the Services.
2.2 The Customer will be responsible for procuring any Third Party Works (such as payment gateway accounts) to enable Data Giant Limited to fulfil its obligations under this Agreement. If there is delay in getting such Third Party Works by the customer beyond 10 working days, Data Giant Limited will complete the agreed works and invoice the customer for agreed charges and the customer agrees to pay the invoice within 10 working days from the date of invoice.
2.3 The Customer will fulfil his/her obligations for the Project in accordance with the timetable set out in the Proposal, Invoice, Agreed Verbal Discussion, Agreed Email Discussion or Quotation. The Customer acknowledges that any delays in providing Data Giant Limited with essential feedback or updates during the project may cause the Project time-frame to be extended.
2.4 The Customer agrees that once the beta version of the Project has been provided in a test format, the payment for the Project is due. If the Customer has still not provided all content for the project at this stage, it does not mean that Data Giant Limited have not done their job. Data Giant Limited will use test content as a placeholder until the Customer adds the appropriate content from the admin Content Management System provided.
2.5 The Customer hereby agrees to pay Data Giant Limited the charges detailed and agreed in the Proposal, Invoice or Quotation, as per the agreed terms of payment. If the Customer wishes to cancel the contract, the Customer agrees to pay in full for the total amount of the agreement price due to Data Giant Limited and any additional costs from the time of severance are calculated at the hourly rate of £45
2.6 Data Giant Limited may include the Credit together with a link to the Data Giant Limited or related company website on each page of the Website in a position and in a form to be agreed by the parties. The Customer will retain any such Credit and link in any adapted version of the Website, and the Customer will (and will only) remove any such Credit and link from the Website at Data Giant Limited’s request.
2.7 The Customer hereby indemnifies and undertakes to keep indemnified Data Giant Limited against any and all damages, liabilities, cost, losses and expenses (including legal expenses) suffered and arising out of the use of the project.
3. Delivery and Acceptance
3.1 Data Giant Limited will use reasonable endeavours to deliver the project to the Customer for acceptance testing as set out in the Proposal or Quotation.
3.2 During the Acceptance Testing period, the Customer will carry out acceptance tests to determine:
(a) Whether the project conforms in all material respects with the specification of the project within the Proposal, Invoice or Quotation; and
(b) Whether the project has any Defects,
3.3 The Customer will inform Data Giant Limited within the Acceptance Period, setting out in detail the respects in which the project does not meet the Acceptance Criteria; and
3.4 Data Giant Limited will amend any issues that cause the Project not to work as per the agreed Proposal, Invoice, Agreed Verbal Discussion, Agreed Email Discussion or Quotation.
3.5 The project will be deemed to have been accepted by the Customer if:
(a)the Customer does not give any notice to Data Giant Limited under Clause 3.3; or
(b) the Customer publishes the project or uses part of it for any purpose other than development and/or testing.
4. Project Creep
4.1 If the Customer requests any additional requirement or feature that is not within the agreed quotation or proposal this is considered as New Requirements
4.2 New Requirements will be quoted for and billed at our hourly rate of: £45
Data Giant Limited will deliver (dependant on the nature of the project):
5.1 All graphic design for the Project
5.2 Fully developed and Quality Tested Project on test links
5.3 Host the Project on the agreed server (for Web or App projects)
5.4 All photographs and icons as agreed in the Proposal, Invoice, Agreed Verbal Discussion, Agreed Email Discussion or Quotation.
5.5 An electronic copy of the full code of the Project (for Web projects)
5.6 All copyright and licence for life upon full settlement of invoices