TERMS AND CONDITIONS

ExpaDigital is a trading name of Kippax Digital Limited (12066877)

Please read these Terms and Conditions carefully as they will form an agreement between us and you. If you do not understand a specific term or the format of this document please e-mail hello@expadigital.com
The following terms and conditions are in no particular order and all of them apply.

Services covered by these terms and conditions

These terms and conditions cover the procedures and liabilities for the following services.

Website design & development
E-commerce & Learner management systems
Search engine optimization & social media marketing
Application & system development
Graphic design / User interface design
Video editing
Content writing / reputation management
E-mail marketing
VoiP solutions
Chat bot implementation

Terminology     

You, the client, your company and its representatives.
Us, ExpaDigital, we

1. You agree to:
1.1 Provide ExpaDigital with all content requested within a reasonable timescale (30 days) such as text, images, and any relevant information.
1.2. Fully check anything provided by us (i.e., literature, images, website drafts, e-commerce stores, LMS systems) within 14 days of presentation we will endeavour to assist with this process but such testing and checking is your responsibility.
1.3. Maintain payment plans enclosed/ attached with this document or agreed separately.
1.4. Advise ExpaDigital, in advance of any confidential information presented by email, written or verbally between both parties. Also, for this to be marked as `confidential` in the subject of the email or clearly on any written documents.
1.5. Provide ExpaDigital with a minimum of 60 days notice in writing or by email should you wish to cancel any of your services.
1.6 Abide by all copyright and intellectual rights and that you will abide by any laws applicable to the website.
1.7 Abide by all terms and conditions outlined in this document.
1.8 Notify us via email, Telegram messenger or CRM if you wish to add a company contact

2. Responsibility & misuse.

2.1 You agree that you will be responsible for your use of any services provided to you, that you will not misuse them in any way and that you will use our services legally and only for the purpose that they are intended to be used for. This includes, where applicable, responsibility for the security of passwords.
2.2 You agree that you will abide by all copyright and intellectual rights and that you will abide by any laws applicable to the website and its ownership and all use, or the agreement between us and/or the operation of it.
2.3 We refuse to handle in any way information, data or material which we, in our absolute discretion, deem to be illegal, offensive or controversial, and as such reserve the right to terminate this agreement without notice.
2.4 It is your responsibility to provide accurate information for your project specifically website and learner management information.

3. Design credit & process

3.1 A link to ExpaDigital will appear in either small type or a small graphic at the bottom of the client’s website. If a client requests for it to be removed a nominal fee of 20% of the total development cost will apply. When the total development charges are less than £500, a fixed fee of £100 will be applied. The client also agrees that the website developed for the client may be presented in our design portfolio.
3.2 Make a reasonable number of revisions to the layout and colour scheme until you are satisfied with the design concept or such time as both parties feel an agreement is likely to be reached but no more than 2 major revisions. Additional revisions or design work outside the scope of the project will be charged separately.

4. Jurisdiction

4.1 These Terms & Conditions shall be interpreted, construed and enforced in accordance with English law and shall be subject to the exclusive jurisdiction of the English Courts.

5. Payments & Pricing

5.1 We accept payments via debit card, credit card, direct debit, bacs, PayPal, Stripe and bank transfer.
5.2 We may process recurring payments automatically via card payment or direct debit.
5.3Any client wishing to cancel a subscription must give us 60 days’ notice.
5.4 Payment is taken for the design, development, testing, administration time and any other costs associated with the project.
5.5  If the part payment of a website has been agreed, i.e. half website cost upfront and half on completion of the website, We may take payment for any outstanding balances once the work has been approved or after 60 days of initial payment.
5.6 We reserve the right to charge the client up to 75% of the total costs should the client cancel after the design concept has been agreed but prior to the website going live. The scale of the charge will be dependent on what stage the project is at when the cancellation takes place.
5.7. If an invoice is outstanding, nonpayment will result in services and subscriptions being frozen and taken offline until such a time when the payment is settled.
5.8 We reserve the right to change our pricing and will always notify you by e-mail at least 60 days prior to the price change becoming effective.

6. Project timescales

6.1 We will endeavour to meet any project timescales/deadlines set out in writing/countdown timers.
6.2 Projects will be delayed if you do not provide project content/feedback on time.
6.3 A project may be delayed due to quality assurance checks and testing by both ExpaDigital and your company
6.4 A project may be delayed due to third party platform configurations.
6.5 We will endeavour to manage our team and projects accordingly but projects may be delayed to staff shortage/workload.
6.6 A project may be delayed due to revisions and changes requested by you or your company.

7. Domain agreement

7.1 ExpaDigital reserves the right to retain ownership of any domain names purchased unless otherwise agreed in writing.
7.2 Any registered domain can be used for any legal, decent, and honest use of the Internet and must not breach any UK laws.
7.3. ExpaDigital reserves the right not to register or assign any domain name for whatever reason.
7.4 ExpaDigital reserves the right to delete or suspend any domain name if payments have defaulted upon and may at its discretion levy admin charges in re-establishing any domain or services thereof.
7.5 Should the client wish to transfer a domain name to an alternate host, a minimum of 14 days’ notice in writing is required before the domain and hosting is up for renewal.
7.6 ExpaDigital reserves the right to vary the rate charged for domain name registration and renewals.
7.7 ExpaDigital reserves the right to register a reasonable alternate domain name if a requested domain name is not available.
7.8 ExpaDigital shall not be responsible for domain names/ hosting bought by the client.

8. Liability – although we endeavour to resolve issues as soon as possible we exclude ourselves from the following liabilities.
8.1 ExpaDigital hereby excluded itself, its Employees, and or Agents from all and any liability from loss or damage caused by inaccuracy.
8.2 ExpaDigital hereby excluded itself, its Employees, and or Agents from all and any liability from loss or damage caused by omission.
8.3 ExpaDigital hereby excluded itself, its Employees, and or Agents from all and any liability from loss or damage caused by delay or error, whether loss or damage results from negligence.
8.4 ExpaDigital hereby excluded itself, its Employees, and or Agents from all and any liability from loss or damage to the client’s artwork/photos supplied for the site, immaterial of whether the loss or damage results from negligence or otherwise.
8.5 ExpaDigital hereby excluded itself, its Employees, and or Agents from all and any liability from loss or damage caused by any hosting downtime, third party plug in conflicts or technical faults.
8.6 ExpaDigital hereby excluded itself, its Employees, and or Agents from all and any liability from the loss or damage caused by inaccurate information provided by the client for learner management systems.
8.7 ExpaDigital hereby excluded itself, its Employees, and or Agents from all and any liability from the loss or damage caused by errors with payment gateways.
8.8 ExpaDigital hereby excluded itself, its Employees, and or Agents from all and any liability from the loss or damage caused 3rd party updates (i.e. website plug ins)
8.9 ExpaDigital hereby excluded itself, its Employees, and or Agents from all and any liability from the loss or damage caused by e-mail downtime or misconfiguration.

9. Compatibility

9.1 We will use our best endeavours to ensure that any website designed and/or developed is compatible with the version current at the project start date for Google Chrome, Apple Safari, Mozilla Firefox and/or any browser specific requirements that form the agreement.
9.2 We will use our best endeavours to ensure that any graphics / videos designed is compatible with the version current at the project start date for any web or social media platform.
9.3 We will use our best endeavours to ensure that any website designed and/or developed is compatible with different device screen sizes.

10. Data Protection

10.1 The client authorizes ExpaDigital to securely hold their credit/ debit card details for any future or reoccurring payments.
10.2 The client authorized ExpaDigital to securely hold information/files related to the project.
10.3 Under no circumstances will ExpaDigital share any client data with any third party unless legally obligated to.
10.4 We agree to exercise active measures to prevent accidental loss of data.

11. Project Renewal

11.1 The standard website domain and/or hosting and/or security check renewal timeframe is eleven months from initial point of sale unless otherwise agreed.
11.2 ExpaDigital reserve the right to automatically charge the client within 8 weeks of the renewal date.
11.3 Monthly project renewals are charged in arrears meaning we have already completed the work when taking a payment.

12. Default
12.1 Accounts/agreements unpaid 30 days after the date of the invoice will be considered in default. ExpaDigital at its discretion reserve the right to remove all material from its webspace and/or suspend the subscription services. ExpaDigital is not responsible for the loss of data incurred due to the removal of service.

13. Termination

13.1 Termination of services by the client must be requested in a written notice or e-mail and will be effective on the receipt of such notice. Telephone / messaging platform requests for the termination will not be honoured until and unless confirmed in writing or email. You will be invoiced for any work completed to the date of first notice of cancellation.

14. Copyright

14.1 The client retains copyright to the data, files and graphics provided by the client, and grants ExpaDigital the rights to publish and use such material. The client must obtain permission and rights to use any information or files that are copyrighted by a third party. The client is further responsible for granting ExpaDigital permission and rights for use of the same and agrees to indemnify and hold harmless ExpaDigital from any and all claims resulting from the client’s negligence or inability to obtain proper copyright permissions. A contract for website design and/or placement shall be regarded as a guarantee by the client to ExpaDigital that all such permissions and authorities have been obtained. Evidence of permissions and authorities may be requested.
14.2 You confirm that you hold the full copyright of anything that you provide to us (e.g. data, text for insertion, information, documents, logos and any other content whatsoever) or that you have obtained the copyright owner’s permission to use it in this way (e.g. image or link to another website).

15. VOIP Solutions

15.1 ExpaDigital reserves the right to cancel any subscriptions for non-payment of services.
15.2 ExpaDigital hereby excluded itself, its Employees, and or Agents from all and any liability from loss or damage caused by VoIP downtime.
15.3. ExpaDigital hereby excluded itself, its Employees, and or Agents from all and any liability from loss or damage caused by loss of services due to nonpayment.
15.4  ExpaDigital hereby excluded itself, its Employees, and or Agents from all and any liability from loss or damage caused by any kind of misuse of VoIP service.1
15.5. ExpaDigital hereby excluded itself, its Employees, and or Agents from all and any liability from loss or damage caused by 3rd party software/hardware.
15.6 ExpaDigital hereby excluded itself, its Employees, and or Agents from all and any liability from loss or damage caused by misconfiguration.
15.7 ExpaDigital reserves the right to charge for online / telephone support relating to 3rd party software/hardware.

16. Learner Management Systems (LMS)

16.1 Whilst we endeavour to assist with checking the course, lesson, topic content on the LMS system, it is ultimately the client’s responsibility.
16.2 The client agrees to provide sufficient content to create the LMS system (i.e. lessons, questions, contents, graphics)
16.3  ExpaDigital hereby excluded itself, its Employees, and or Agents from all and any liability from loss or damage caused by any hosting downtime, third party plug in conflicts or technical faults.
16.4 ExpaDigital hereby excluded itself, its Employees, and or Agents from all and any liability from the loss or damage caused by inaccurate information provided by the client for learner management systems.
16.5 ExpaDigital hereby excluded itself, its Employees, and or Agents from all and any liability from the loss or damage caused by inaccuracy.
16.6 We reserve the right to charge for any service, course upload or system maintenance not set out in the initial agreement.

17. Search engine optimizations (SEO)
17.1 Any monies paid for SEO covers keyword analysis, search engine console monitoring, copywriting, regular research and website revisions.
17.2 ExpaDigital cannot guarantee results through search engine optimization due to the continuous change in search engine algorithms.
17.3 Search engine results are subject to change.

18. Social media marketing

18.1 ExpaDigital hereby excluded itself, its Employees, and or Agents from all and any liability from loss or damage caused by inaccuracy.
18.2 Whilst we Endeavour to manage social media profiles to the best of our ability it is your responsibility to monitor comments, feedback and messages.
18.3 It is your responsibility to provide us with sufficient information and updates to allow us to manage social media profiles effectively.

19. Communication & support

19.1 ExpaDigital communicates with existing clients via e-mail and telegram messenger.
19.2 We will endeavour to respond to all communication within 3 business days.
19.3 We reserve the right to charge separately for support requests outside the scope of the agreed project.
19.4 Invoices/quotes will be sent via e-mail, CRM access and/or Telegram messenger.
19.5 We may request presentations and communications on Zoom, Skype or other 3rd party communication platforms.
19.6 We may request computer access control via TeamViewer.
19.7 When using 3rd party platforms to communicate it is your responsibility to follow their respective rules, regulations and community guidelines.

20. Third party platforms & software

20.1 When a third-party platform is purchased for your project, we will offer support in line from that provided by the vendor. We shall not provide any warranty outside of these terms and further changes due to software upgrades, regardless of the project status will be deemed as chargeable at the prevailing support rate.
20.2 We reserve the right to increase prices of any ongoing services such as maintenance which may be as a result of a Third-Party increases. If we do, we will give you at least 60 days’ notice.

21. Referrals

21.1 ExpaDigital at its discretion may accept referral leads and pay a referral fee of 10% minus any design/development costs within 90 days from the initial point of sale.
21.2 ExpaDigital will contact any referrals at its own discretion.
21.3 A contact name, telephone number constitutes a referral and the contact must be aware that we’ll get in touch

22. Refund policy

22.1 ExpaDigital will consider refund requests within 14 days of purchase confirmation.
22.2 Refund requests must be e-mailed to hello@expadigital.com within 14 days of purchase confirmation.
22.3 Approved refunds will be returned to the original source of payment within 30 days of resolution.
22.4 Domain name and hosting charges are non-refundable.

23. Changes to terms and conditions

22.1 ExpaDigital reserves the right to add, delete, or modify any provision of these Terms and Conditions at any time without notice. 22.2 We will notify you when we update our terms and conditions via e-mail.
22.3 Terms and conditions will remain available to view/print at www.expadigital.com