Terms Of Service
Terms of Business/Terms & Conditions
Client, Customer, You, Your, I
Any person, including a public officer, corporation, association or other organization or entity, either public or private, who is rendered services by The Digital Men, or who consults The Digital Men intending to obtain services from The Digital Men.
The Digital Men, Us, We
The Digital Men Ltd a company registered in England under company number 09218489 whose registered office is at Kemp House, 152 - 160 City Road, London, United Kingdom, EC1V 2NX.
Including but not limited to:
· Any software created and/or designed and/or modified by The Digital Men and/or
· Any graphic design created and/or designed and/or modified by The Digital Men and/or
· Any web application created and/or designed and/or modified by The Digital Men and/or
· Any mobile applications created and/or designed and/or modified by The Digital Men and/or
· Any coding scripts created and/or designed and/or modified by The Digital Men and/or
· Any marketing strategies created and/or modified by The Digital Men and/or
· Any IT Network/Infrastructure created and/or designed and/or modified by The Digital Men
This is not an exhaustive list.
1. These Terms and Conditions apply to all orders and/or services provided by The Digital Men and supersede all others. The receipt of acknowledgment of an order and/or service by you constitutes your acceptance that our conditions are the only conditions that apply to the contract, notwithstanding any purported terms put forward by you. The Digital Men reserve the right to refuse any work considered inappropriate to our business model. Your continuing instructions will amount to your acceptance of these terms & conditions.
2. PAYMENT TERMS
2.1. The work to be carried out and the pricing, including any payment terms, of any service/goods to be provided, will be as set out in writing to you via electronic communication. In any event and with all orders, the full 100% balance shall be due before the project or goods are released to you.
2.2. If any pre-agreed client account is in place, all payments shall be settled in full by the end of the month following the month in which the invoice is raised, unless any prior special payment or settlement terms have been agreed by us in writing.
2.3. Any discounts that are offered on the strict understanding that accounts are paid by the due date. We reserve the right to invoice for the full cost ignoring any such discounts to accounts or invoices which become overdue.
2.4. Some work tasks may become subject to VAT, dependent on the type of project. If you place an order and such a payment applies, VAT will be added to your order. You will be contacted to pay any due VAT before delivery will be undertaken. If VAT is noticed on your order after the bill has been paid, you as the customer are liable to pay the VAT in full before receiving your delivery.
3. OVERDUE ACCOUNTS
3.1. No goods or service will be delivered on accounts which remain unpaid 7 days after payment is due. We reserve the right to charge a weekly late payment administrative charge on overdue accounts, at the rate of 20% of the invoice value of the amount owing, or £25.00 (whichever is the greater). This shall be added from the date the account became
due until payment is actually received. This does not prevent us from pursuing payment of any overdue accounts at any time after payment becomes due and shall include any and all such late payment charges, without prejudice to any other rights we may have against you.
3.2. We reserve the right to charge you for any legal or collection charges where it is necessary to obtain payment from you of an overdue account through a third party or Court proceedings.
3.3. We reserve the right to suspend and/or terminate any service including but not limited to consultancy, web hosting, and software development services if a payment becomes overdue.
4. PASSING OF TITLE AND RISK
4.1. Ownership risk and title of the goods/ services shall at all times belong to The Digital Men. This will include the Intellectual Property rights to any work undertaken. We always reserve the right to retain or withhold any goods or services until payment for the same is made in full.
4.1.1 Intellectual Property rights may be transferred to the client at the sole discretion of The Digital Men. We reserve the right not to pass on any Intellectual Property. Any transfer of Intellectual Property must be agreed in writing between The Digital Men and the client.
4.1.2 In any event, Intellectual Property cannot and will not be transferred if any payment for any service provided by The Digital Men to you is outstanding or overdue under these terms and conditions.
4.2. Concerning any domain names registered on your behalf, the proprietary rights to any such domains shall belong to you. If any free hosting services are given, the Digital Men reserve the right to terminate any such hosting or withdraw any free offer or promotion at any time, if any invoice for services is outstanding. The deletion of any free services shall not affect your statutory rights.
4.3. For the avoidance of doubt, The Digital Men indefinitely leases the rights to the client for any such work. The Digital Men reserve the right to revoke the lease at The Digital Men's sole discretion.
4.3.1 For any web applications or websites that can be accessed by the URL, The Digital Men should be accredited by linking back to The Digital Men’s website with the words “Powered By The Digital Men” and the symbol of The Digital Men. This should be placed prominently in or around the footer of any website or web application or mobile application written by The Digital Men.
4.3.2 The Digital Men reserve the right to be accredited for our work should the client modify any software and/or web design and/or website and/or web application and/or mobile applications and/or coding scripts (this is not an exhaustive list). in any way by the client.
4.3.3 Should the Client remove any accreditation, it must be with the written consent of The Digital Men.
4.3.4 If any accreditation is removed, The Digital Men reserves the right to be compensated for any potential loss of future work and/or potential income, as described in clause 10.3 and clause 10.4, without prejudice to any other rights we may have against you.
4.4 The Digital Men reserves the right to keep a copy of any work, including but not limited to any graphic design and/or software and/or IT infrastructure we design and implement, we have created for the client to showcase our portfolio to new prospective clients. Where possible, The Digital Men will censor and/or obscure and/or delete any confidential information pertaining to the client.
4.4. Delivery will not commence until payment is made in full. At all times The Digital Men reserves the right to deliver any order or service in installments.
4.5. Every effort will be made to deliver on time, but any completion day specified is a best estimate (unless specifically stated in writing) and no liability is accepted for any loss arising from delay or error in the delivery of the goods or service. All deliveries will be charged at any prevailing rates applying at the date of such delivery. We shall not, in any event, be liable for any goods or services that are lost or damaged in transit. In such cases, you will have to claim any damages or loss from the carrier in question.
4.6. Neither shall we be liable for any goods damaged or lost if they are wrongly delivered. You must ensure that you give clear delivery instructions to a safe place of reception, by a person or address, duly authorized to accept your delivery. In the event of any misdelivery, the responsibility to rearrange any re-delivery will be between you and the delivery service provider according to their own terms and conditions of carriage.
4.7. Until payment is made you shall retain such goods separately from other goods and clearly mark them in such a way that they can be readily identified as being our property. Any payment received by you for the sale of such goods must be held in a separate account in trust for us.
4.8. In the event of non-payment for such goods, we will, without loss of any rights or remedy, remove from your possession those goods belonging to us in accordance with these conditions and we shall be entitled to enter upon the property where the goods are stored to repossess and remove the same. You hereby grant us an irrevocable license to enter your premises for the said purposes.
4.9. All work/services, including but not limited to any software and/or web design and/or website and/or web application and/or mobile applications and/or coding scripts and/or marketing services (this is not an exhaustive list). provided to the client by The Digital Men will be deemed to be accepted as full and final after 7 (seven) working days once delivered to the client by electronic communication. It is the client’s responsibility to report any issues and any request for revisions within the 7 (seven) working days after delivery. The Digital Men reserve the right to reject any request for revisions and/or deal with any issues after 7 (seven) working days after the service/work has been delivered to the client unless otherwise agreed in writing.
5.1. We reserve the right to alter any details of products or services advertised without notice and while every effort is made to describe goods accurately in the advertisement no warranty is given as to the accuracy and no responsibility will be accepted for error or misdescription and any resulting loss.
6. QUOTATIONS AND CONTRACTS
6.1. Orders are accepted subject to our right to adjust prices quoted to take account of any changes in the law or Government regulations requiring us to increase prices by way of direct taxation, import duties, customs, and excise duties or otherwise. The prices are based on today's current costs of production and in the event of any increase in wages or costs of materials to us occurring after the confirmation of accepted contract, we shall be entitled to advise of any such increases to you. In the event of any monthly chargeable service being given, should there be any increase in cost, this shall be advised to you 14 (fourteen) days before any price increase shall take effect.
6.2. Quotations are only valid for 7 (seven) days after the initial quote date.
6.3. Any price or quotations are subject to change at any point without notice, including any advertised offers.
7. STATUTORY RIGHT
7.1. STATUTORY RIGHT OF CANCELLATION UP TO 7 DAYS; EXCEPTIONS TO CANCELLATION:
7.2. In order to meet the current UK/EU consumer regulations relating to goods and services ordered online, Unless one of the exceptions listed below applies, you can cancel your order without giving any reason within 7 days from the day on which you or a third party indicated by you (other than the carrier) receives the goods purchased (or last good, lot or piece if it relates to goods or multiple lots or pieces delivered separately) or from the day of the conclusion of the contract, in the case of services or digital content not supplied in a tangible medium (e.g. CD or DVD).
7.3. You must inform us in writing of your decision to cancel your order. You may submit your request according to the instructions given to you. To meet the cancellation deadline, it is sufficient for you to send your communication before the 7 days' cancellation period has expired and return the items to us. In the event of any bespoke, specific custom or individual items being supplied, the cancellation will not be governed by The Sale of Goods Act provisions. A deadline for production shall be given to any order placed with us. Any notice to cancel must be emailed to firstname.lastname@example.org before such a production deadline.
8. EFFECTS OF CANCELLATION
8.1. In the event of allowable cancellation, We will reimburse all payments received from you for the goods or services purchased less the appropriate charge for any postage or delivery costs, and subject to a 10% administrative charge incurred by us, no later than 28 (twenty-eight) days from the day on which we received the above communication. We will use the same means of payment as you used for the initial transaction unless we have expressly agreed otherwise. We may withhold reimbursement until we have received any goods back or you have supplied evidence of having sent back the goods, whichever is the earliest. In the event of the goods being damaged or used or otherwise not in the original condition, we reserve the right not to refund.
8.2. Note that you must send back the goods by following the instructions given to you no later than 7 days from the day on which you communicate your cancellation. You will have to bear the direct cost of returning these goods. You may be liable if the value of the goods returned diminishes due to the handling of the goods (except when it was necessary to establish the nature, characteristics, and functioning of the goods).
9. EXCEPTIONS TO THE RIGHT OF CANCELLATION
9.1. The right of cancellation does not apply to:
9.1.1. the delivery of products which are not suitable for return due to health protection or hygienic reasons if unsealed by you after delivery, or which are, after delivery, in separately mixed with other items. Also including:
9.1.2. the delivery of sealed audio or video recordings or of sealed software if unsealed by you after delivery;
9.1.3. the supply of any goods made to your own specifications or clearly personalized;
9.1.4. the supply of goods which may deteriorate or expire rapidly;
9.1.5. the supply of any digital content (including mobile applications, SEO Engine Optimization Services, web applications, websites, custom logos, custom graphic design, any specifically printed matter, digital software, ebooks, MP3, etc) which is not supplied on a tangible medium (e.g. on a CD or DVD);
9.1.6. if you accepted when you placed your order that we could start to deliver it and that you could not cancel it once delivery had started;
9.1.7. the delivery of newspapers, journals or magazines except for subscription contracts.
10. PRICING AND AVAILABILITY
10.1. We may list availability information for products sold by us on the website. Beyond what we say on that page or otherwise on the website, we cannot be more specific about availability. As we process your order, we will inform you by as soon as possible if any products or services you order turn out to be unavailable and you will not be charged for those products.
10.2. Despite our best efforts, products or services on our website and/or other published documents (electronically or otherwise) by us may be mispriced. We will verify pricing when processing your order and before we take payment. If we have made a mistake and a product's correct price is higher than the price on the website, we may either contact you before dispatch to request whether you want to buy the product at the correct price or cancel your order. You agree as part of the terms of your contract with us, that we are not obliged to supply you any product or service at a wrongly listed price.
Special and Preferential Pricing
10.3. From time to time, The Digital Men may provide special and preferential pricing to those clients who we feel can grow with the help of our specialist services. It is only on the understanding that the client will be engaging our services for a prolonged period with a minimum of 5 years that the client is given such special and preferential pricing. Such pricing is only given only the basis that The Digital Men will be financially (and otherwise) compensated over the coming years for the investment of time and our expertise in the client's business. Such agreements can be verbal or in written form. An example of a way that we are expecting to be financially compensated by the client would be, including but not limited to, a support contract.
10.4 By entering into this agreement, you will be guaranteeing The Digital Men 500 hours at the hourly rate of £250 per hour, per year - unless a different number of hours and/or a different hourly rate is agreed in writing. The 500 hours consists the minimum number of man-hours The Digital Men would have spent in consulting and/or preparing and/or developing and/or researching solutions and/or any other work/service that we would have carried out for the client with respect to any services provided to the client by The Digital Men. The hours and the pricing is what we would normally charge. It is at the sole discretion of The Digital Men if we chose to pursue these charges against you, if there is a non-mutual termination of our services, without prejudice to any other rights we may have against you.
10.4.1 The Digital Men shall also reserve the right to apply and charge an increase of 250% (two-hundred-and-fifty percent) to the amount charged for previous projects if our services are non-mutually terminated. The 250% (two-hundred-and-fifty percent))increase would normally be applied to all work we carry out, at cost price, and is considered our standard pricing.
10.5 Clause 10.3. and 10.4 also applies if the client unlawfully removes any accreditation link to The Digital Men as specified in clause 4.3, and it's sub-clauses, without prejudice to any other rights we may have against you.
10.6 The Digital Men and the client can agree mutually to terminate or discontinue our services, with respect to clause 10.3 and clause 10.4.
10.7 and therein, in writing without prejudice to any other rights we may have against you. However, any such termination should only come into force once confirmed by The Digital Men on The Digital Men's official letterhead.
11 PRODUCT INFORMATION
11.1. While we work to ensure that product information on our website and/or any other published document (electronically or otherwise) is correct, actual product packaging and materials may contain more and different information to that displayed on our website and/or published document. All information about the products on our website and/or our published documents is provided for information purposes only. We recommend that you do not rely solely on the information presented on our website and/or our published document. Please always read any and all labels, instructions, warnings and directions provided with the product before use.
12.1. Where applicable all prices quoted to you may be subject to VAT at the current rate.
13.1. International transit times are approximate and may be subject to customs clearance. Local country restrictions may apply. The Digital Men will not be held responsible for any delay in delivery of the goods with international deliveries.
13.2. The Digital Men cannot be held responsible for any customs and excise charges that may occur from the import or export of your goods.
14 QUANTITY VARIATION
14.1. In the case of printed matter or CD media, we shall be deemed to have fulfilled our contract by delivery of a quantity within 20% plus or minus of the number of printed goods ordered and you will be charged at the contract rate for the quantity delivered.
15 CLAIMS & COMPLAINTS
15.1. All complaints or claims concerning the quality or quantity of the goods or services shall be made in writing to us to reach us within 24 hours of receipt of goods. Otherwise, such goods shall be deemed to comply as to quality and quantity within the terms of the contract. Any complaints made after this time period are void of any right to refund or reprint. Our contact details for any claims or complaints is The Digital Men Ltd., Kemp House, 152 - 160 City Road, London, United Kingdom, EC1V 2NX. You can email us at email@example.com These are the only contact methods that will be accepted by us.
15.2. The Digital Men requires any printed or CD-based digital matter to be returned in full before agreeing to any refunds or reprint. If we deem the printing to be of sufficient quality, and within accepted printing industry tolerance we reserve the right to return the goods and refuse any reprint or refund.
16.1. Save in so far as defects in the goods cause death injury or damage to personal property, our liability for any loss or damage suffered by you in respect of the goods shall be limited to the contract value of the goods.
16.2. We can accept no responsibility for loss or damage arising from the supply of goods under this contract unless you have fully complied with the notification of our claims procedure set out in clause 15.
16.3. We are not liable for any financial loss incurred by you, including but not limited to expenses incurred by you, interest payments & loss of earnings or similar gains you would have received on monies paid to us in lieu of any unfulfilled order.
16.4. Your agreement is solely with the Digital Men operating as a limited company and no member, director partner, consultant or employee assumes or will assume personal liability for the conduct of the work you instruct us to carry out. To the extent permitted by law, no member, partner, consultant or employee of the Digital Men shall have any personal liability. You and we intend that this clause is for the benefit of, and shall be enforceable by, the members, partners, directors consultants and employees under the Contracts (Rights of Third Parties) Act 1999.
16.4.1. In this part, the term mistake includes, but is not limited to, negligence, fraud, breach of contract and any intellectual property infringement.
16.4.2. Our maximum liability for any mistake is The Liability Cap including interest (unless a different amount is agreed with you in writing). The Liability Cap is no more than £250,000.
16.4.3. The Liability Cap shall apply to (i) any claim arising from an act or omission, or a series of acts or omissions; (ii) any claim arising from the same or similar acts or omissions in a series of related matters or transactions (iii) all claims arising from one matter, transaction or assignment.
16.4.4. Where we are instructed jointly by more than one party, The Liability Cap shall apply to all of you collectively and in total and also including anyone claiming through you.
16.4.5. We shall not be liable for any indirect or consequential loss or loss of anticipated profit or other benefits, where the total liability together with any other liability exceeds The Liability Cap.
16.4.6. If you accept any express exclusion/ limitation of liability from other professional advisers our total liability to you will not exceed the aggregate amount for which we would otherwise have been liable after deducting any amount which we would have been entitled to recover pursuant to the Civil Liability (Contribution) Act 1978 but are prevented from doing so as a result of any such exclusion/limitation of liability.
16.4.7. We shall not be liable for any loss arising from or connected with our compliance with any statutory obligation which we may have, reasonably believe we may have, to report matters to the relevant authorities under the provisions of the money laundering legislation.
16.4.8. We believe the limitations on our liability set out in this section are a reasonable amount having regard to our assessment of- a. the amount of any likely liability to you if we make a mistake, and b. the availability and cost of professional indemnity insurance, and c. possible changes in the future availability and cost of insurance and solvency of insurers, but we are happy to discuss the limit with you if you consider it insufficient for your purposes, and if appropriate we may then consider whether we are able to provide a higher limit at extra cost.
These limits apply to the extent that they are permitted by law. We cannot, for example, avoid full liability if our mistake causes death or personal injury. Each of the above limitations constitutes a separate and independent limitation so that if one or more are held to be invalid for any reason or to any extent whatever or does not accord with any professional obligation, then the remaining limitations or the limitations as varied shall be valid to the extent they are not held to be invalid or incompatible with any professional obligation.
16.4.9. Nothing in these terms restricts your statutory rights.
16.4.10. Save as expressly mentioned in these terms, it is not intended by the parties to this agreement that any term which may be construed as conferring a benefit on any person who is not a party to this agreement should be enforceable by such party, whether under the provisions of the Contracts (Rights of Third Parties) Act 1999 or otherwise. Unless we agree otherwise expressly and in writing, signed by a director, no other party may rely on our advice. The granting of such an agreement may be subject to payment of an additional fee.
16.5. Nothing in these terms and conditions shall affect your rights as a consumer.
17.1. We reserve the right to rectify defective work by reprinting or redesign and shall not be liable for any refund. Any refunds or replacement will only be made if we are shown to be at fault and have the right to refund in full, part or replace like for like products at their discretion. Errors made by the customer will not be subject to any refund or replacement.
17.2. The Digital Men will credit your account if under any circumstances we deem a refund should be made.
17.3. Due to the individual and perishable nature of print or digital design work, if we offer to replace you must accept such an offer unless you can show clear good cause for refusing to do so.
17.4. If you opt instead to have work re-done by a third party without prior reference to us you automatically revoke your right to any remedy from us.
17.5. Any agreed refunds can take up to 28 days to complete once The Digital Men has agreed to refund.
18 CANCELLATION CHARGES
18.1. Any reasonable costs incurred for work already carried out up to the date of written cancellation may also be charged for and deducted before any refunds are made. If the order has not yet been paid for then an invoice will be raised for the amount concerned and sent to the customer.
19.1. Any samples will be submitted only on approval and may be charged for if not returned in good condition within 14 days. The intellectual property rights to any samples or test items cannot be claimed or used in any way by you. The samples shall belong to The Digital Men at all times.
20 QUANTITY CHANGES TO ORDERS
20.1. Any changes in the work ordered must be made in writing to us prior to commencement of processing. Any increases in the order must be regarded as a separate contract unless written notification is received before work commences on the original order
21 ARTWORK AND PRINTING
21.1. The entire copyright throughout the world in any and all printing plates, litho positives and negatives, artwork, designs, photographic transparencies, negatives or positives, digitally created images, photographs and any other artistic craftsmanship, made by or for The Digital Men pursuant to or in implementation of any contract with the customer shall belong to The Digital Men. We agree that unless the customer becomes in default of any obligation to make any payment to The Digital Men, it will not reproduce any such items for any competitor in the same business of the customer. Any copyright or intellectual property rights in any artwork, design or logo undertaken by The Digital Men will transfer to the customer on request to us and made in writing, and upon final payment.
21.2. Any and all design charges are to be paid upfront.
21.3. Once your design project is initiated and any preliminary artwork has been created by The Digital Men, all retainer or any deposit payments made by you become non-refundable.
21.4. Once you have placed your order, you will become liable for it. No amendment to the order will be allowed once the order has commenced. If an amendment is wanted before the order has gone off to print or production then a fee of £25 pounds will be charged for admin costs.
22.1. If we have not been given approval after 14 days a 10% charge of the total value of the original order will be made plus a £25.00 administration fee.
22.2. Please note that the color of the produced item will be affected by the type of material chosen for the artwork to be printed or appear on, as well as any applied Lamination or Varnish, screen resolution or medium of display.
22.3. Please read thoroughly as any proofs, once passed, are deemed correct and ready to go to production, and the responsibility passes to the customer. You will need to view all PDF proofs at 100% to see the representative size of your product when printed. We will not be held responsible for any mistakes to viewing, spelling, punctuation, image quality, color misrepresentations, contact details or layout.
22.4. We will not commence print until we have received a copy of the final proof with a written confirmation to go to production either by email to firstname.lastname@example.org . In the event of any online self-submitted orders, although we will endeavor to notify of any obvious errors we may see, the responsibility to ensure accuracy rests at all times with the customer.
23 SUBMISSION OF WORK BY THE CUSTOMER:
23.1. Customers wishing to submit their own data to The Digital Men for printing should adhere to the following specifications to guarantee the highest quality print;
23.2. TECHNICAL SPECIFICATIONS:
23.2.1. For quality assurance reasons only closed data files (PDF, JPEG, TIFF) are accepted
23.2.2. Please always create pre-assembled multiple page samples (brochures, booklet, flyer, etc)
23.2.3. Please always create and save bound products (brochures etc) as individual pages.
23.2.4. The edge trim must amount to 6mm.
23.2.5. Please do not use frames in the printing template. Due to customary cutting tolerance (approx. 3mm), we cannot guarantee that the frame will surround the final product in even broadness
23.2.6. For orders without artwork checks, any print data which is too small or too large will automatically be made larger or smaller. To prevent this from happening please always create your print data to the desired, accurate trim size incl. edge trim
23.2.7. Do not place text, logos and other elements too close to the margin, because they could be cut off. Please maintain a space of around 5mm from the margin
23.2.8. Your document must be created in either a greyscale or CMYK mode. (No RGB colors)
23.2.9. In PDF files the incorporation of the embedding of the font in the document must be taken into consideration (no transformation into curves)
23.2.10. The resolution of your print data should amount to a minimum of 300 dpi (for smaller text of up to a point size of 8 the resolution should amount to at least 600 dpi)
23.2.11. The data is not allowed to contain printing tips. The graphics should contain no hairlines
23.2.12. All work should be checked for spelling errors before submission as checks will not be made by our staff once submitted for production.
23.3. We will not accept any responsibility for the content of any print or digital media. For example, anything which could cause offense to the general public and may be considered to incite racial hatred, any form of discrimination, religious intolerance or fundamentalism, sexism, homophobia, profanity, blasphemy, defamation or criminal activities. With regard to all subject matter, The Digital Men reserves the right to reject or refuse any work in our sole discretion.
23.4. A pdf proof will only be provided if asked for one. We may charge a fee of £25 pounds for physical proofs. If in the event of your failure to ask for a pdf proof and printing or product is not to satisfaction, we will not be held responsible for any wrong aspect. Electronic proofs shall be supplied free of charge. Any verbal pre-contract statements or assurances will not apply and any such pre-contract assurances given must be set out in writing.
23.5. The Digital Men will not accept any responsibility for poor-quality print or media should the above conditions be ignored when data is submitted by the customer. It will be assumed that the data has been checked by the customer prior to submission and is ready to go straight to production without further checks.
23.6. We categorically will not produce anything that is deemed to be offensive to the general public.
23.7. Proofs are NOT supplied as standard. Proofs must be requested by the person ordering at the time of order in writing, verbal confirmation will not be accepted.
23.8. Any proofs that are provided for certain jobs as agreed with the customer, MUST be signed off with a confirmation and the sign off email received by The Digital Men before 5 pm, on the day that the proof was sent to receive the prints for the agreed deadline.
24 WORK ON HOLD
24.1. If we have not been notified after 14 days a 10% charge of the total value of the original order will be made plus a £25.00 administration fee
24.2. We reserve the right to dispose of your job after 28 days of ordering. Please note you will still be liable to pay the full charge of the total value unless the job is canceled within the 28 days to which the cancellation charges will apply.
25 FORCE MAJEURE
25.1. We will not be held responsible for failure or delay in the carrying out of our obligations under the contract arising from any cause outside our reasonable control or by inability to procure materials or articles except at higher prices due to any such cause and in such circumstances, we shall be entitled by notice to terminate the contract in whole or in part without incurring any liability whatsoever to you.
26 MISCELLANEOUS, INTELLECTUAL PROPERTY
26.1. We are not bound by any customer's own purchase order terms and conditions. This contract takes priority over other terms. Our own full terms and conditions apply unless otherwise expressly agreed by us previously in writing.
26.2. These terms and conditions may be amended from time to time. The latest version of these terms and conditions will be sent to the customer. If the customer does not take objection to the amendments within 7 days then they shall become binding on the customer. Continued instructions after the receipt of the amended terms and conditions shall amount to acceptance to the amended terms and conditions.
26.3. At The Digital Men, we always respect the intellectual property of others, and we ask our customers to do the same. By using our Site or services, you are representing that you have full rights to use any copy, logo, design, and images in your piece without infringing the intellectual property rights of any third parties. You also recognize that subject matter does not have to bear a copyright notice in order to be protected by copyright law, so in fact, the absence of such notice does not necessarily assure a right for anyone other than the copyright holder to reproduce.
26.4. You further warrant that no copyright notice has been removed from any material used in preparing your content for reproduction or printing. Therefore, anything you send us, you declare that you old the rights to so reproduce.
26.5. With this in mind, you hereby agree to indemnify and hold The Digital Men and our subsidiaries, affiliates, officers, agents, business partners or employees harmless and free of any liability from any claim, penalty or demand, including reasonable legal fees, made by any third party due to or arising out of any content which you have submitted or transmitted through our Site.
27 (a) Unless otherwise agreed by the parties or prohibited by law, each of the provisions of this contract is severable and distinct from the others. If at any time during the existence of this contract one of its provisions, is determined to be or to have become invalid, illegal or unenforceable the validity, legality, and enforceability of the remaining provisions of the Contract shall not in any way be affected or impaired.
27.1. Neither this Agreement nor any interest in this Agreement may be assigned by the customer without the prior express written approval of the Digital Men, which may be withheld by the Digital Men at its absolute discretion. This clause shall not prevent The Digital Men from assigning this contract or any interest in it. The Digital Men may at any time assign this contract and any interest in it. Such assignment shall take effect one a notice of assignment is served on the customer.
28 PAYMENT SERVICES
28.1. We accept cash (with a receipt obtained), banker's draft, card payment, and bank transfer or bank counter credit as our forms of payment. You can be assured that your private financial details will not be disclosed by us to any third party as part of any payment transaction. Work shall only be commenced or goods/ services released upon the funds showing as a balance to our account.
28.2. You should keep any passwords or log-in details you may need safely and not disclose them to anyone unauthorized person. Third-party verification from your credit card supplier may be required via their safe-payment verification system. You hereby warrant that you have full authority to use any card for payment.
28.3. The Digital Men shall not be in any way liable for any refunds or chargebacks for any work if your card is misused in any way. In any such event, you should refer to your card issuer.
29 OWNERSHIP AND CONTACT INFORMATION
29.1. The Digital Men is a trading name and style of The Digital Men Ltd, who's is Kemp House, 152 - 160 City Road, London, United Kingdom, EC1V 2NX. Any correspondence or notices must be emailed to us to email@example.com .
30 GOVERNING LAW & JURISDICTION
30.1. This Agreement will be governed by and interpreted according to the laws of England & Wales. In the event of any dispute or action, the jurisdiction shall be granted exclusively to the English Courts.
The terms and conditions of this contract will remain in effect until further notice. The Digital Men reserves the right to alter this agreement at any time. Your continuing instructions will amount to your acceptance of our terms & conditions.
This Privacy and Cookies Policy (together with our Terms and Conditions and any other documents referred to in it) sets out the basis on which any personal data we collect from you, or that you provide to us, will be processed by us. Please read this Privacy and Cookies Policy carefully to understand our views and practices regarding your personal data and how we will treat it.
We will only use your personal data in the manner set out in this Privacy and Cookies Policy. We will only use your personal data in a way that is fair to you. We will only collect personal data where it is necessary for us to do so and where it is relevant to our dealings with you. We will only keep your personal data for as long as it is relevant to the purpose for which it was collected or for as long as we are required to keep it by law.
For the purpose of the Data Protection Act 1998 (the “Act”), the data controller is The Digital Men, a sole trading entity in England and Wales.
Information we may collect from you
We may collect and process the following data about you:
Your title, name, date of birth, address, email address, telephone numbers, username, password, business name (if applicable) and such other contact details as we require. This includes information provided at the time of registering to use the Website.
Information that you provide by filling in forms on the Website. This includes information provided at the time of subscribing to our services or requesting further services. We may also ask you for information when you report a problem with the Website.
If you contact us, we may keep a record of that correspondence.
You should only submit to us or the Website information which is accurate and not misleading. You should keep that information up-to-date and let us know if any of that information changes by emailing us at firstname.lastname@example.org. By submitting your or anyone else’s data to us or the Website, you must ensure that you have full authority and consent to supply us with that data on their behalf and you warrant to us that you have that authority.
We may collect information about your computer, including where available your IP address, operating system and browser type, for system administration. This is statistical data about our users’ browsing actions and patterns, and does not identify any individual.
If you want to find out more information about cookies, go to http://www.allaboutcookies.org or to find out about removing them from your browser, go to http://www.allaboutcookies.org/manage-cookies/index.html.
Where we store your personal data
All information you provide to us is stored on our secure servers. We use industry standard security and firewalls on our servers. Where we have given you (or where you have chosen) a password which enables you to access certain parts of the Website, you are responsible for keeping that password confidential. We ask you not to share a password with anyone.
We maintain physical, electronic and procedural safeguards in connection with the collection, storage and disclosure of your information. Our security procedures mean that we may occasionally request proof of identity before we disclose personal information to you.
Unfortunately, the transmission of information via the Internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to the Website; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access.
When you make any payment to us through the Website, you must make that payment to us using PayPal or Stripe. We do not collect any payment information from you. When submitting your payment information to PayPal or Stripe, please note that PayPal and Stripe each have their own privacy policies and that we do not accept any responsibility or liability for those privacy policies. Please check those privacy policies before you submit any personal data to PayPal.
Your card details are not stored on our own servers, but remotely with our payment gateway for your security. Recurring use of cards is permitted using ‘tokenisation’.
We do not store credit card details nor do we share customer financial details with any 3rd parties.
Uses made of the information
We use information held about you in the following ways:
To ensure that content from the Website is presented in the most effective manner for you and for your computer.
To provide you with billing information in relation to the services that we may provide to you.
To manage the Website, detect fraud or Website abuses, send you information relevant to the Website and in case we have any queries.
To carry out our obligations arising from any contracts entered into between you and us.
To notify you about changes to our services.
To allow you to register for an account on the Website, which may include sending an email to you to confirm your details.
To give you a new password if you have forgotten it.
We may transfer our databases containing your personal information if we sell our business or part of it to an actual or potential purchaser.
We may also disclose your details as described elsewhere in this Privacy and Cookies Policy.
Other than as set out in this Privacy and Cookies Policy, we shall NOT sell or disclose your personal data to third parties without obtaining your prior consent unless this is necessary for the purposes set out in this Privacy and Cookies Policy or unless we are required to do so by law.
The Website may, from time to time, contain links to and from the websites of our partner networks and affiliates. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies. Please check these policies before you submit any personal data to these websites.
Access to information
The Act gives you the right to access information held about you. Your right of access can be exercised in accordance with the Act. Any access request may be subject to a fee of £10 to meet our costs in providing you with details of the information we hold about you.
By submitting data to us and using the Website, you consent to our use of your data and of anyone you represent in the manner set out in this Privacy and Cookies Policy (as amended from time to time, as described below) and you are responsible for ensuring that you have authority to consent on behalf of anyone about whom you submit data to us.
Please note that you can revoke any consent you have given us under this policy at any time by contacting us on email@example.com, and referencing this Privacy and Cookies Policy in the email subject line, using the body of the email to say what consent you are revoking.
Changes to our Privacy and Cookies Policy
Any changes we may make to this Privacy and Cookies Policy in the future will be posted on the Website and, where appropriate, notified to you by e-mail. Each time you enter the Website, you agree that the Privacy and Cookies Policy current at that time shall apply to all information held by you.
The Digital Men utilizes FraudRecord to screen new orders for previous fraudulent activity and report existing clients who violate our Terms of Service. In case of a violation, you may be reported to FraudRecord for misbehaviour using non-identifiable anonymous information.
Questions, comments and requests regarding this Privacy and Cookies Policy are welcomed and should be addressed to firstname.lastname@example.org.
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