STANDARD TERMS AND CONDITIONS
These are the standard terms and conditions for working with Milkshake Dental Ltd and apply to all contracts and all work undertaken.
OUR FEES AND DEPOSITS
A 35% deposit of the total fee payable under our proposal is due immediately upon you instructing us to proceed with the work. The remaining balance shall be paid over the 12 months as the the work is being completed to your reasonable satisfaction but subject to the terms of the “approval of work” and “rejected work” clauses. We reserve the right not to commence any work until the deposit has been paid in full. The deposit will then be used to pay month 12 of the agreement.
Interest free credit is taken up via Shawbrook Finance Limited
SUPPLY OF MATERIALS
You must supply all materials and information required by us to complete the work in accordance with any agreed specification via https://mananltd.wufoo.eu/forms/milkshake-website-development-form/. Such materials may include, but are not limited to, photographs, written copy, logos and other printed material. Where there is any delay in supplying these materials to us which leads to a delay in the completion of work, we have the right to extend any previously agreed deadlines by a reasonable amount. Where you fail to supply materials, and that prevents the progress of the work, we have the right to invoice you for any part or parts of the work already completed
We are pleased to offer you the opportunity to make revisions to the design. However, we have the right to limit the number of design proposals to a reasonable amount and may charge for additional designs if you make a change to the original design specification. Our website development phase is flexible and allows certain variations to the original specification. However any major deviation from the specification will be charged at the rate of £85.00 per hour.
PROJECT DELAYS AND CLIENT LIABILITY
Any time frames or estimates that we give are contingent upon your full co-operation. During development there is a certain amount of feedback required in order to progress to subsequent phases. It is required that a single point of contact be appointed from your side and be made available on a daily basis in order to expedite the feedback process.
APPROVAL OF WORK
On completion of the work you will be notified and have the opportunity to review it. You must notify us in writing of any unsatisfactory points within 7 days of such notification. Any of the work which has not been reported in writing to us as unsatisfactory within the 7-day review period will be deemed to have been approved. Once approved, or deemed approved, work cannot subsequently be rejected and the contract will be deemed to have been completed and the remaining balance of the project price will become due.
If you reject any of our work within the 7-day review period, or not approve subsequent work performed by us to remedy any points recorded as being unsatisfactory, and we, acting reasonably, consider that you have been unreasonable in any rejection of the work, we can elect to treat this contract as at an end and take measures to recover payment for the completed work.
WARRANTY BY YOU AS TO OWNERSHIP OF INTELLECTUAL PROPERTY RIGHTS
You must obtain all necessary permissions and authorities in respect of the use of all copy, graphic images, registered company logos, names and trade marks, written patient permissions for use of images or testimonials or any other material that you supply to us to include in your website or web applications. You must indemnify us and hold us harmless from any claims or legal actions related to the content of your website.
Once you have paid us in full for our work we grant to you a license to use the website and its related software and contents for the life of the website.
We do not guarantee any specific position in search engine results for your website. We perform basic search engine optimisation according to current best practice.
We shall not be liable for any loss or damage which you may suffer which is in any way attributable to any delay in performance or completion of our contract, however that delay arises.
To the full extent permitted by law, all terms, conditions, warranties, undertakings, inducements or representations whether express, implied, statutory or otherwise (other than the express provisions of these terms and conditions) relating in any way to the services we provide to you are excluded. Without limiting the above, to the extent permitted by law, any liability of Milkshake Dental Marketing Ltd under any term, condition, warranty or representation that by law cannot be excluded is, where permitted by law, limited at our option to the replacement, re-repair or re-supply of the services or the payment of the cost of the services that we were contracted to perform.
We reserve the right to subcontract any services that we have agreed to perform for you as we see fit.
We (and any subcontractors we engage) agree that we will not at any time disclose any of your confidential information to any third party.
You agree to reimburse us for any requested expenses which do not form part of our proposal including but not limited to the purchase of templates, third party software, stock photographs, fonts, domain name registration, web hosting or comparable expenses.
On request we will supply you with a back-up of your website files. We back-up your website to our web server by running scheduled backups and take every reasonable care to protect your data but we will not be liable for restoring any client data or client websites except to the extent that such data loss arises out of a negligent act or omission by us.
OWNERSHIP OF DOMAIN NAMES AND WEB HOSTING
We will supply to you account credentials for domain name registration and/or web hosting that we purchased on your behalf when you reimburse us for any expenses that we have incurred.
The agreement constituted by these terms and conditions and any proposal will be construed according to and is governed by the laws of the United Kingdom. You and Milkshake Dental Marketing Ltd submit to the non-exclusive jurisdiction of the courts in and of the United Kingdom in relation to any dispute arising under these terms and conditions or in relation to any services we perform for you.
CROSS BROWSER COMPATIBILITY
By using current versions of well supported content management systems we endeavour to ensure that the web sites we create are compatible with all current modern web browsers such as the most recent versions of Internet Explorer, Firefox, Google Chrome and Safari. Third party extensions, where used, may not have the same level of support for all browsers. Where appropriate we will substitute alternative extensions or implement other solutions, on a best effort basis, where any incompatibilities are found.
You are responsible for complying with all relevant laws relating to e-commerce, and to the full extent permitted by law will hold harmless, protect, and defend and indemnify Milkshake Dental Marketing Ltd and its subcontractors from any claim, penalty, tax, tariff loss or damage arising from your or your clients’ use of Internet electronic commerce.
CANCELLATION RIGHTS AND REFUNDS
This is a business-to-business transaction. No right of cancellation exists, however you have 7 days from the date of this agreement to change your mind. If you change your mind you need to give us written notice on or before the 7th day. Full or partial refunds will only be given where the product or service provided by us is found to be defective. In the case of a defective service we reserve the right to offer an additional free period of service or a replacement product.