Welcome to DigiMinnion’s Terms And Condition!

General

These terms of business (“Terms”) govern the provision of services by Digiminnion (“the Agency”) to its clients.

  • Agency: Digiminnion, a digital marketing agency.
  • Authorised Representatives: In the case of the Agency, any director; and in the case of the Client, any director, partner, or sole proprietor.
  • Client: Any individual, firm, company, or other entity with whom the Agency contracts or seeks to contract.
  • Contract: Any agreement for the provision of Services and/or Materials by the Agency to the Client.
  • Quote: Any quote or revised quote sent to the Client by the Agency detailing the description and price of the Materials and/or Services.
  • Services: Contracts for the provision of digital marketing services to the Client.
  • Sub Contractor: External suppliers engaged by the Agency.
  • Materials: Design visuals, digital reproduction/artwork, films, printed items, digital media, and analogous materials.

Costs

  1. The Client has 30 days to accept the Quote from the Agency to provide the Services.
  2. Payment terms for Services and Materials are specified in the Quote, including any revised charges.
  3. Quotes are based on current production costs and may be amended to reflect changes due to factors beyond the Agency’s control.
  4. Approval from the Client is required for Sub Contractor fees.
  5. Payment terms are critical and specified in the Quote.
  6. Acceptance of a Quote authorizes the Agency to purchase all necessary Materials.
  7. Prices quoted are exclusive of VAT, special packing materials, carrier charges, delivery, insurance, or customs duties unless otherwise agreed.

Tax

The Agency reserves the right to charge Value Added Tax (VAT) whether or not included on the Quote or invoice.

Copyright

The Agency retains copyright and design rights for all commissioned advertising, photography, artwork, or design works. Once payment is received, the Client has a non-exclusive right to use, reproduce, and publish the work for authorized purposes.

Client’s Property

  1. Client’s property in the possession of the Agency is at the Client’s risk unless otherwise agreed.
  2. The Agency may charge for storing Client’s property before receipt of the order or after notification of work completion.

Variations

Any variations to these Terms must be agreed in writing by Authorised Representatives of both parties.

Illegal Matter

  1. The Agency is not obligated to print material deemed illegal or libelous.
  2. The Client indemnifies the Agency against claims, costs, and expenses arising from libelous material or infringement of rights contained in any printed material.

Liability

  1. Claims for damage, delay, or loss of goods in transit must be made within specific timeframes.
  2. The Agency is not liable for direct or indirect consequential loss or damage except in cases of negligence.
  3. The Agency makes no representations regarding the benefits of the Services and implies no warranties.

Client Obligations

  1. Provide clear instructions and confirm important matters in writing.
  2. Pay invoices within 30 days or as specified in the Quote.
  3. Adhere to interim or stage payment agreements.

Proofs

  1. Proofs of work may be submitted for Client approval; the Agency is not liable for errors not corrected by the Client.
  2. Client alterations and additional proofs will be charged extra.

Standard Terms

The Agency will comply with relevant professional bodies’ aims, objectives, and codes of conduct, but these Terms prevail in case of conflict.

Delivery and Payment

  1. Delivery of work is accepted when tendered.
  2. Extra charges may apply for expedited delivery.
  3. Payment is due for work already completed and materials ordered if work is suspended or delayed by the Client.

Cancellation

  1. The contract may be terminated by either party with three months’ prior written notice.
  2. For retained work billed monthly, three months’ notice is required to terminate the contract.
  3. Cancellation must be agreed in writing, and the Client must cover costs incurred up to the date of cancellation.

Quotes

All prices are dependent on sight of relevant instructions, brief, copy, images, artwork, and other materials.

Risk

Risk in the Materials passes to the Client on delivery.

Property

  1. The Agency retains property in the Goods until full payment is made.
  2. The Client must insure and label Goods until payment is made.
  3. The Agency has the right to repossess Goods if payment is not made.

Compliance and Intellectual Property Rights

  1. The Client must ensure Materials comply with laws and regulations.
  2. The Agency will procure necessary licenses for third-party materials.
  3. The Agency reserves the right to use deliverables for promotional purposes.

Variations in Quantity

Quotes are conditional upon allowed margins for overs or shortages in delivered quantities.

Delay

  1. Timetables are adhered to only if the Client complies with deadlines.
  2. Dates for supply of Services and Materials are statements of expectation and not binding.

Lien

The Agency has a lien on Client’s property for unpaid debts and may dispose of such property after giving notice.

Non-assignment

The Client cannot assign claims and obligations without the Agency’s prior written approval.

Waiver

A waiver of any breach does not prejudice the Agency’s rights for subsequent breaches.

Dispute Resolution

Disputes are referred to a single arbitrator, and the decision is final and binding.

Notices

Notices must be given in writing and delivered by hand, mail, telex, or facsimile.

Severability

If any part of these Terms is found invalid, the remaining conditions remain effective.

Entire Agreement

The Client has no remedy for untrue statements relied upon in entering these Terms, except for breach of contract.

Insolvency

If the Client is unable to pay debts, the Agency can cease work and charge for completed work and materials.

Law

These conditions are governed by the Laws of England.

Third Party Suppliers

The Agency is not liable for third-party acts or omissions.

Websites

  1. The Agency is not liable for website content.
  2. Disputes with hosting providers are dealt with according to Clause 29.

Data

  1. The Client is the data controller, and the Agency is the data processor.
  2. The Agency processes Personal Data only as instructed by the Client.
  3. The Agency ensures appropriate security measures for Personal Data.
  4. The Client must obtain consents for use of Personal Data and comply with laws.
  5. Data received must be secure and encrypted; unsecured data will be deleted.

Electronic Signature

Contracts and quotes may be signed electronically as defined by the Electronic Communications Act 2000.

Contact Us:

If you have any questions or concerns regarding these Terms, please contact us at [contact@digiminnion.com].

Thank you for choosing DigiMinnion for your digital marketing needs. We look forward to assisting you in achieving digital excellence.