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These Terms of Service are not designed to be scary – they simply layout the fundamentals of the process involved in working with Tringa Digital.
General payment terms
Terms of payment are strictly 28 days from the invoice date.
Copyrights and ownership
The client has copyright of all work done by Tringa Digital after full payment. Tringa Digital retains all copyright if payment is not received.
Tringa Digital has the right to refuse usage until full payment is received and can request and action closure, download and recall of any used design materials or services.
Tringa Digital retains the right of usage for projects designs for self-promotional purposes only.
Office hours
Operational working hours are between 9am and 5pm, Monday to Friday (excluding UK Bank Holidays). Please respect these hours and refrain from making direct contact outside of these operating hours.
Project scope and specification
If the client or a third-party provide a project scope or specification document, it is the client’s responsibility to confirm the document meets their expectations and is an accurate representation of the project.
Tringa Digital reserves the right to charge additional time for features, requirements or changes that may arise through insufficient definition in a scope or specification document.
Provision of materials
Marketing Content Creation and Website Projects
You agree to provide us with the specific copy, images and information we require in order to create marketing content and build/develop your website or to advise us as to where we can locate such materials.
Tringa Digital accepts no responsibility for your site not being put live/project not being completed by a specific date if we are unable to secure necessary and/or suitable information and/or materials from you in the agreed time periods.
If you cannot supply the information or assets you wish to use, Tringa Digital will do what we can to create or obtain it, but accept no responsibility for errors, omissions or discrepancies which may be present on the final project, as these may arise through our lack of specialist knowledge regarding your product. It remains the clients responsibility to approve all final assets before publication.
The time taken to compile the data, as well as any time required to correct errors, omissions or discrepancies which have arisen through your not providing us with adequate materials, will be charged to you at our standard rate.
Website Hosting
Additional charges may be incurred should you wish to use a website host other than those suggested by Tringa Digital.
Unless an ongoing website maintenance agreement has been entered into, it is the client’s responsibility to maintain their CMS and any associated plug-ins.
Tringa Digital does not directly supply hosting for email services but is happy to recommend suitable options to meet business requirements. It is not the responsibility of Tringa Digital to maintain or configure email services unless agreed upon in writing as part of the project scope.
Estimates
All estimates for work are valid for 30 days, after which time all proposed work will need to be re-estimated. Tringa Digital takes no responsibility for a re-estimated price differing from an original quote.
Estimates are based on the brief/specification supplied. Tringa Digital reserves the right to make additional charges for scope creep or specification change at the standard day rate.
Payment terms
Retained contracts are invoiced on the last working day of each month. The client agrees to payment terms of 28 days from the date on the monthly invoice.
For project contracts, the client agrees to an up-front payment of 50% of the project quote. The project will not begin until the initial payment has been cleared by the banking service used by Tringa Digital. Tringa Digital reserves the right to raise additional invoices as key stages of the project are completed, with the remainder to be paid on final sign off. The client agrees to payment terms of 28 days from the date of each invoice submitted.
Competitive Engagements
Tringa Digital will not work for a competitor of the Client until this Contract ends. To avoid confusion, a competitor is any third party that develops, manufactures, promotes, sells, licenses, distributes, or provides products or services that are substantially similar to the Client’s products or services. A competitor is also a third party that plans to do any of those things. The one exception to this restriction is if Tringa Digital asks for permission beforehand and the Client agrees to it in writing.
Hourly rate
A standard hourly rate is available upon request. Tringa Digital’s minimum chargeable block of time is 1 hour. For on-site visits, expenses and travel costs will be charged in addition to the hourly rate.
Mileage will be charged in line with HMRC approved mileage rates. The current mileage rate can be found on the HMRC website here.
Content Management Systems
It is the client’s responsibility to maintain the content on their content-managed website. Tringa Digital cannot accept responsibility for loss of content or site downtime relating to content or settings changes made by the client.
Workflows
Any consultancy for or creation of workflows is based on the information supplied by the client. Once the client has accepted the work carried out on any workflows or associated SaaS (Software as a Service) platforms; Tringa Digital cannot be held responsible for any loss of data or unexpected issues resulting from changes in connected services relating to the workflow.
Snagging
During web projects, you’ll be given 5 working days to review the website and feedback on any potential oversights that may have been made during the build phase.
The “snags” will be reviewed and classified as follows:
- For correction: Something agreed and signed off during the specification and design stage is missing or has not been completed. This will be put right and you’ll be given the chance to review the changes made. No additional charges will be made.
- Change control: The “snag” has been deemed a change in design or functionality and an estimate will be created for the necessary changes to be made.
Late payments
The client agrees to pay an 8% late payment charge, plus the Bank of England base rate for business to business transactions, if payment exceeds 60 days since the invoice was due.
Project cancellation or termination of agreement/relationship
If after project commencement the client does not wish to continue, the client agrees to pay any agreed fees and costs incurred by Tringa Digital over and above any initial project charges made. Project cancellation must be made in writing. Tringa Digital reserves the right to terminate the contract with the client at any time.
Consequential Loss
Tringa Digital accept no liability whatsoever for consequential or third party losses, resulting in a delay in delivery howsoever caused.
Financial Loss
Tringa Digital accept no liability whatsoever for financial loss or loss of earnings arising from products or services provided by Tringa Digital. Tringa Digital is covered by a £500,000 per claim professional indemnity insurance.
Brand Reputation Loss
Tringa Digital accept no liability whatsoever for damage to brand reputation arising from products or services provided by Tringa Digital.
Collection of Data
When Tringa Digital gathers data it is in accordance with UK & EU GDPR, which for the purposes of the contract is the applicable Data Protection Legislation. Your data will only be used by Tringa Digital and no other external organisations except with your express permission. For more information, please see our Privacy Policy.
Data Protection
For the purposes of this Agreement, the client shall be the Data Controller and Tringa Digital shall be the Data Processor or Sub-processor in relation to those elements of data, information or material that constitute Personal Data.
Tringa Digital shall ensure that it has in place appropriate technical and organisational measures to protect against unauthorised or unlawful processing of Personal Data and against accidental loss or destruction of, or damage to, Personal Data, appropriate to the harm that might result from the unauthorised or unlawful processing or accidental loss, destruction or damage and the nature of the data to be protected, having regard to the state of technological development and the cost of implementing any measures (those measures may include, where appropriate, pseudonymising and encrypting Personal Data, ensuring confidentiality, integrity, availability and resilience of its systems and services, ensuring that availability of and access to Personal Data can be restored in a timely manner after an incident, and regularly assessing and evaluating the effectiveness of the technical and organisational measures adopted by it).
Revised 25/04/23