General

The terms “We” / “Us” / “Our” / ”TED” individually and collectively refer to Third Eye Digital ltd.

The contract between TED and the client will be on these conditions, to the exclusion of all other terms and conditions. Any variations to these conditions shall have no effect unless agreed in writing.

The works to be carried out shall be as set out in the confirmation email and invoice which can be found attached to the email.

TED will not tolerate any form of harassment against its employees from customers or third parties and we reserve the right to cancel a contract without refund in the event of unreasonable or inappropriate conduct. This includes threatening behaviour and abuse directed towards our employees.

Legalities, Copyright and Intellectual Property
 
TED shall expect the client to carry out sufficient research before proceeding with a website. This will include checking that the website/idea/business will operate legally. It is important that the website is not in any way illegal. Please ensure that any images or content you supply or use on your website are legally available for you to use. We cannot be held responsible for the illegal use of images, content or format of material supplied by the client. TED reserve the right to remove any website from its servers if it has reason to believe that it is operating illegally.
 
TED makes no claims that the project may be lawfully viewed or downloaded outside England and Wales. Access to this text content may not be legal by certain persons or in certain countries. If this text content is accessed from outside of the United Kingdom, it is done at own risk and the visitor is responsible for compliance with the relevant laws of the visitor’s jurisdiction. The terms and conditions of this text content are governed by the laws of England and Wales. Jurisdiction for any claims arising in respect of this text content shall lie exclusively with the courts of England. If any provision of these terms and conditions is found to be invalid by any Court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these terms and conditions, which shall remain in full force and effect.
 

TED cannot be held responsible for anything adversely affecting the Client’s business operation, sales, or profitability that might be claimed is a result of a service offered by TED.

Communication
 
Email is our primary method of contact with regard to all communication for your project. Some of our team are based in various parts of the world such as South America and Europe, so email is obviously the most efficient and cost-effective form of contact. If you have any problems with the project that our team is unable to resolve by email, you can contact us via the website for phone, WhatsApp and postal address for any communication.
 
It is the client’s responsibility to inform us by email of any change in contact details especially email addresses. It is imperative we always have valid contact details. We cannot be held liable in any way for problems relating to communication issues if we are not supplied with a valid email address. Some of our systems rely on this email to inform you of various important information. We also advise that client’s check junk and spam folders regularly.
 
It is important for the client to keep in contact with TED throughout the project. If a client does not make contact for more than 2 weeks after a draft has been received, we will make up to 3 attempts to contact the client by email using the email address for the client held on file. If we do not receive a response to these attempts of contact the project will be considered complete. If the client wishes to postpone the project for a period of longer than 2 weeks, please contact us.
 

If a client returns from an unapproved postponement and the last contact is more than 3 months, we shall need to provide a new quotation for the project and your original payment will be non-refundable. It may be transferrable, but this is fully at our discretion.

Hacking
 

We take every step to preserve the security of our client’s websites wherever possible. However, we cannot (and do not) guarantee the prevention of hacks, viruses or unexpected data deletion and accept no responsibility nor liability for any damages resulting from such an incident. If a client’s website is compromised or hacked, it is the responsibility of the client to rectify this problem – TED will provide support and assistance as required. It remains the responsibility of the client to check for, implement and update any patches to their websites. TED reserve the right to shut down any website held on TED’s servers that has been compromised or hacked.

Payment
 
Payment terms for your project or service shall be set out in your confirmation order email. TED may request at their discretion a non-refundable deposit of up to 50% of the project before any work can begin. Additional work requested by the Client which is not specified in the agreed quotation is subject to a separate quotation and TED reserves the right whether to quote or accept additional work. If additional work is accepted this may affect timescale and overall delivery time of the project.
 
TED own all of any project including images and text until final payment has been received in full. On receipt of final payment full ownership of the project are handed to the client.
 
All payments to TED for any project or service are non-refundable.
 

There will be no minimum term for our service, but Third Eye Digital do require a minimum of 1 month notice of a client’s intention to cancel a service. Failure to provide a month’s notice will result in the next month’s invoice becoming due. All invoices must be paid in full within 7 days of the invoice date, except for the final invoice which will need to be settled immediately prior to handover of code and upload of site, payment of the final invoice is sign off of the website project.

Website Design Service
 
Website Design and Development
 
Design is subjective, and for this reason we offer ‘unlimited design revisions’. This means that we will continue to work with you on your design concept until you are happy with our proposal. The unlimited design revision period ends when the client accepts the design proposal and home page draft. Design changes beyond this point are subject to additional charges.
 
Design and layout changes to the internal pages of the website are subject to platform specific restrictions. These include WordPress, Magento, OpenCart and Shopify.
 
Open-Source Software – OSS
 

OSS is publicly available software that may be adapted or modified to suit particular applications. OSS may be used to help develop elements of the functionality of the client’s website to speed development and add functionality. Where Open-Source software is used, the ownership of the site coding and any customisations made by the developer is still passed to the client upon final payment. TED will not be liable for any open-source software or development developing vulnerabilities. Over time open-source software platforms will release updates and security patches to help minimise the risk of hackers gaining access to the software/system via known vulnerabilities, a list of any OSS used on your project can be provided upon request.

Maintenance
 
TED will provide Maintenance for the website if the client requires us to do so and on receipt of payment of maintenance fees. In doing so, TED will provide a reliable and professional service to the client, excluding unavoidable technical failures.
 
TED Maintenance is renewable on a monthly or annual basis. The date of renewal will be in line with the date the website was made live. Maintenance services are not obligated.
 
The Maintenance renewal charge must be received within 10 days of the Maintenance expiry date.
 
If the client does not use TED Maintenance services, then the management becomes the full responsibility of the client.
 

If the client does not wish to renew Maintenance 30 days’ notice must be given in writing or the next months fee will become payable.
Payments for Maintenance products are non-refundable and non-transferable.

Hosting
 
Your website includes, if needed, one year hosting on our servers with email functionality and SSL options.
 
TED will provide hosting for the website if the client requires us to do so and on receipt of full payment of hosting fees 12 months after the website went live. In doing so, TED will provide a reliable and professional service to the client, excluding unavoidable technical failures.
 
TED Hosting is annually renewable. The date of renewal will be 12 calendar months from the date the website was made live. TED will contact the client up to 6 weeks before the renewal date. Hosting services are not obligated.
 
The Hosting renewal charge must be received within 10 days of the Hosting expiry date. We reserve the right to deactivate any website when the Hosting has expired, and the client has not paid the renewal charge. We reserve the right to charge an administration fee of £50 for reactivating Hosting.
 
If the client does not use TED Hosting services, then the management of hosting are the full responsibility of the client.
 
If the client does not wish to renew Hosting, the site files and associated data can be made available to the client for free on request and the domain name can be transferred to the client’s registrar account. Should the client instruct us to upload and configure the site and domain name to a third-party server this work will be subject to an additional charge.
 

TED reserve the right to delete the website from our servers 3 months after the date your hosting expired if you choose to not renew Hosting.
TED offer free SSL with sites we host and manage DNS for. If you wish to manage DNS independently, we cannot provide support for SSL.
Payments for Hosting products are non-refundable and non-transferable.

Domain Names and Links
 

If required, a domain name will be registered by TED on behalf of the client. Although the domain names are registered to us, the client is the legal owner of the domain and if they request to have details changed or the domain transferred elsewhere, we will do this within a reasonable timeframe.

Domain names require yearly renewal and there is an associated fee for this.
 
Any domain name renewal is the responsibility of the client. TED will attempt to contact the client by email up to 2 weeks in advance of a domain renewal being due. If the client does not pay to renew their domain name, the domain name shall not be renewed. We advise that you contact us 50 weeks after you purchase or renew a domain if you wish to renew it for another year.
 
TED provides links or references to our client’s websites solely for the convenience of prospective customers and intends that the links it provides be current and accurate but does not guarantee or warrant that such links will point to the intended client site at all times.
 

We place a small text link on the footer of our client’s website that simply states the website was designed and/or maintained by TED with links to our company website. This link can be removed, if required.

Website Content & Products
 
The client will be offered to utilise the TED Content Writing package at an additional charge to the website. If the client does not require this package, TED will require the client to send all content that is to be added to the website in a Microsoft Word doc file. This excludes products on an ecommerce site as these are to be added by the client once the site is complete. The website content must be received no later than 4 weeks after the design has been approved and signed off. If the client does not send content within this period, TED reserve the right to make the website live with dummy text and collect full payment.
 
If your website is an ecommerce store you will need to upload the products yourself using the provided Content Management System – CMS. If you would like us to upload the products on your behalf, we are able to do this for a fee.
 
Content & Products are not a reason for the website to be delayed by the client. If we do not receive your products or text in a timely manner, we will move on to the next phase of the project and a payment may become due. You are able to upload content and products at any stage using the CMS or by agreeing terms for TED to do this for you.
 
Third Eye Digital reserves the right to refuse to handle:
 
a) Any media which is unlawful or inappropriate;
b) Any media which contains a virus or hostile program;
c) Any media which constitutes harassment, racism, violence, obscenity, harmful intent or spamming
d) Any media which constitutes a criminal offence, infringes privacy or copyright
e) Any other questionable media at our discretion.
Logo Creation
 

Third Eye Digital will create you a logo if you do not already have one. The logo will include your company name and strap line if you have one. We are able to change the font used and the colours used. We will also incorporate royalty free template clip art if you would like. We will carry out a maximum of 1 hours work on the logo including changes. If you would like more than this for your logo other options can be discussed at a fee.

Support
 
While a website is hosted with TED, we shall be available by phone between the hours of 9.00am and 5.30pm Monday – Friday, or via email 24 hours a day, 7 days a week. This excludes all bank holidays. We aim to reply within a reasonable time period and aim to fix any issues with the website which are not due to a customer’s doing.
 
TED email accounts are available on any device that supports email. These include Apple and Android devices as well as many others. TED will provide instructions on how to setup email on these.
 
Even where a support service/contract is in place with TED, it remains the responsibility of the client to ensure that the website remains up to date and to check for, implement and update any patches unless a maintenance package is in place. TED do not take responsibility for any client’s websites being compromised or hacked but are always on hand to guide or help if this happens.
 

TED do not take any responsibility for a client’s website rank on search engines. This also includes any potential website downtime that can occur. When updating, changing, creating and hosting a client’s website, there could be a change in the websites search engine ranking.

Content Writing Service
 
Content Creation
 
Copy writing is subjective, and for this reason we offer ‘unlimited text content revisions’. This means that we will continue to work with you on your content until you are happy with our proposal. The unlimited content revision period ends when the client accepts the text content proposal. Text content changes beyond this point are subject to additional charges.
 
TED will provide the client with an expected completion time frame for the creation of the text content if requested.
 
Text content is provided as a ‘per page’ service. The number of pages of text content we provide shall be based on the amount agreed as per your invoice.
 
Privacy Policy, General Website Terms & other legal documents
 

If you choose to use Third Eye Digital to upload your privacy policy, general website terms or any other terms we would always recommend having these independently checked by a professional legal representative. Our terms cater for most websites and are considered general usage terms. We can offer a bespoke service if you require the terms to be checked by a legal professional, this will incur an additional fee dependant on the level of legal help required.

Search Engine Optimisation – SEO
 
TED shall create text content with search engine optimisation in mind. This does not mean that the text content has been created specifically to increase a website ranking on search engines.
 
Third Eye Digital accepts no responsibility nor liability to the Client for the actual rankings achieved or how such rankings may vary over time. Search engines are known to change their algorithms and in such doing rankings and traffic may fluctuate.
 
If you choose to pay for SEO monthly, we will require you to pay for each month upfront. TED require a minimum of 30 days’ notice of a client’s intention to cancel a campaign.
 
If you choose to pay for SEO, TED carry out any work you have paid for upfront and then you will be billed monthly until you provide written cancellation notice. TED require a minimum of 30 days’ notice of a client’s intention to cancel a campaign.
 
If the client has opted for the monthly payment option and chosen, a starter package there is a minimum term of 3 months whereby you cannot cancel until after the 3rd month. If you do cancel, we will request payment for any remaining months.
 
If TED do not receive payment, we will stop working on your site optimisation until payment is received. This may negatively affect your site’s performance on the search engines and the invoiced value will still be due.
 
TED may need to edit your site in order to carry out on page site optimisation work.
 
If the client makes changes to the website independently, it is the client’s responsibility to ensure Third Eye Digital are informed of the changes. Failure to do so could result in a negative campaign performance.
 
Links used on a client’s behalf as part of an ongoing search engine optimisation may or may not continue to work during the term of the SEO contact or on termination. TED will attempt to increase the rank of your website on the search Engines. There is however no guarantee that we can do this.
 
Your monthly payment covers the time used to plan and execute the clients SEO campaign. TED cannot be held responsible for Search engine algorithm changes that could negatively affect the ranking of the client’s website.
 
The strategies and campaign objectives created by TED are done so on a per client basis, TED cannot be held responsible for any negatively implied impacts of the work completed.
 
TED cannot be held financially liable in anyway with regard to your website ranking on the search engines.
 
TED will not disclose any back links that may be purchase as part of your SEO campaign.
 

The TED SEO service is separate to any other TED service and terms.

Pay Per Click Service – PPC
 
Payments will be taken monthly for the Third Eye Digital management fee starting on the day the client proceeds and every month thereafter. There will be no minimum term, but Third Eye Digital do require a minimum of 1 month notice of a client’s intention to cancel a campaign. Failure to provide a month’s notice will result in the next month’s invoice becoming due.
 
The client shall pay the chosen search engines directly for their advertising spend. Third Eye Digital will manage this spend. Where a daily budget has been agreed, the client understands that Google may exceed the daily budget on one day and balance up on a different day as per their terms https://support.google.com/adwords/answer/2375423?hl=en
 
Third Eye Digital can only operate on websites that are permitted to advertise on Google, further information on their policy can be found here https://support.google.com/adwordspolicy/answer/6008942 ?hl=en&rd=1
 
If TED do not receive payment, we will stop managing your PPC account until payment is received. This may negatively affect the client’s website performance and could lead to increased advertising spend.
 
TED will attempt to improve your website traffic using optimized PPC. There is however no guarantee with this service. Your monthly payment covers the time used to plan and execute the clients PPC campaign.
 

Where conversions are measured in terms of end goals on the client site, Third Eye Digital are not responsible for conversions levels in the case of changes to the site / products by the client. For instance, an increase in product price may bring the conversion rate down irrespective of any actions taken within the PPC campaign.

Social Media Service

If TED do not receive payment, we will stop managing your Social Media account until payment is received. This may negatively affect the client’s website performance and could lead to a fall in likes / followers.

TED will attempt to increase your followers / likes on Facebook / Twitter / Instagram. Your monthly payment covers the time used to plan and execute the client’s social media campaign.

The strategies and campaign objectives created by TED are done so on a per client basis, TED cannot be held responsible for any negatively implied impacts of the work completed.

The TED Social Media service is separate to any other TED service.

TED shall make posts on behalf of the client every working day.

TED require the client to create a Facebook / Twitter / Instagram account for us to carry out our services. Due to data protection, TED cannot do this on behalf of the client. We will then require the client’s login details for all sites in order to carry out our Social Media campaign.

TED shall provide a monthly report to the client detailing some of the achievements of the Social Media campaign. TED accept no liability for any content posted that is deemed inappropriate by the client. TED accept no liability for any content posted on the clients Social Media accounts by another person / user.