TERMS AND CONDITIONS
Elixir Digital LTD provides professional, and cost effective website design and marketing services. To ensure the future of Elixir Digital LTD, and to ensure its nature of fees remain competitive it is essential that all clients are made aware of our Terms of Service which are displayed online, and handed to every marketing client for their convenience. Elixir Digital LTD prides itself on being a fully-transparent company, if you have any issues, or questions regarding our Terms of Service clauses, or our ideology please contact a member of staff at Elixir Digital LTD as they will be able to explain any clauses, or reasoning behind any clauses.
By engaging services with Elixir Digital LTD you automatically accept all of our Terms of Service as stated below, again, if you have any queries regarding our Terms of Service please contact a member of staff at Elixir Digital LTD prior to employing our services. Each marketing client will receive a Terms of Services document with every service applicable to the following services purchased:(Website Design, Search Engine Optimization, Social Media Marketing, Blog Management, Security Consultations, Email Marketing.) as reference and to help you understand that we are a fully transparent company. Services that do not receive such Terms of Service documents as a gesture of goodwill, you are able to request a copy of our Terms of Services via our live chat, email, or over the telephone to one of our employees. These Terms of Services are put in place to ensure our services are accessible and affordable to small, to medium and to large businesses.
Invoices will become due 21 days from the date of the invoice. We will exercise our statutory right to claim interest at the rate of 8% plus the base rate of the Bank of England and compensation for debt recovery costs under the late payment legislation if we are not paid according to agreed credit terms.
All and any amounts paid to Elixir Digital LTD are non-refundable. If more than what is owed is paid to Elixir Digital LTD , the balance will remain on your account as a credit, this can be used at any time for any service.
ACCEPTANCE OF SERVICES
Before any works are carried out on your behalf your approval to proceed is required. Payment of your deposit or initial invoice will be deemed to be your authorization to proceed if funds have been requested at this stage. If not, such approval must be given in written form – by email or in a letter – No work will commence until such time as we have received authorisation.
Elixir Digital LTD offer a managed hosting solution packaged for affordability and ease. All our websites come with a 30-day guarantee. After this period, and because our clients are given full access to all website files, we cannot accept responsibility for the website. What Elixir Digital LTD does offer is WordPress plugin updates, we will update your plugins automatically for you, and your WordPress updates using the standard WordPress methods. We cannot accept any responsibility for any issues caused with WordPress, or third party plugins that you have on your website.
Our customer’s best interests are of paramount importance and will be borne in mind at all times. However, we shall not be liable or responsible for any loss incurred including, but not limited to, loss of profits, loss of business, loss of contract, damage to Company brand or image under any circumstances whatsoever whether as a result of the Customers’ website being down, social media updates, news articles, imagery, video, website, emails sent or any other service provided on your behalf or on behalf of the company.
Elixir Digital LTD takes no responsibility for any website hosted on a server it does not manage or charge for. Once a website is hosted elsewhere, the 30-day guarantee is revoked immediately and any issues Elixir Digital LTD is asked to attend to, are charged at £40 per hour.
All websites hosted by Elixir Digital are not locked into any contracts with regards to minimum term. If you’d like to cancel your service, and move your website away it’d be charged hourly to move your services away, however no cancellation fees apply oTher than the rate specified above.
Elixir Digital LTD reserves the right to suspend your website and email accounts over any and all overdue invoices. It is your responsibility to ensure all invoices are paid on time. Elixir Digital LTD will make every effort to resolve your overdue invoice problems, however, it is not their responsibility or liability to do so as this is you as the client responsibility.
Elixir Digital LTD use industry-leading hosting provider solutions, and own many dedicated cloud based solutions which are above the average grade of web hosting. Elixir Digital LTD cannot be held accountable and will accept no responsibility or liability of any kind for any issues you may experience, however, Elixir Digital LTD will make every effort and attempt to resolve issues that may arise on your behalf. If the issue is caused by the hosting provider, there will be no charge applied to your account from Elixir Digital LTD. If the issue was caused by you or it is diagnosed as a local issue however, then our standard hourly rate will apply.
All email accounts provided within a hosting package are provided on complimentary basis. Elixir Digital LTD can advise you on premium third party email solutions should those be required.
Elixir Digital LTD provides a 30-day guarantee to websites we have built from the date of completion provided access has not been taken by the client. At the point of providing website access, the client is taking ownership of their new website and at this point is obligated to full settlement of any existing and future invoices related to the project. For any tasks Elixir Digital LTD is asked to carry out or attend to, a charge of £40 per hour is applied. At the point of access, the 30-day guarantee is immediately revoked because we cannot then be held responsible for any accidental or intentional damage to the website code and setup. Elixir Digital LTD also takes no responsibility for any issues that may arise due to misuse, inexperience, limited expertise or any other reason.
Please note that it is the responsibility of the client to provide content for their website. We undertake to design and build the website and once this has been completed, our invoice for carrying out such works will be issued and due. This is regardless of whether website content has been published. This is to protect Elixir Digital LTD from delays by the client in producing content. All clients will have access to their website to add content as and when they choose. Any such delays can be avoided through the content production services Elixir Digital LTD offer.
All email accounts come are unlimited within reason.
reason defined as; You cannot have an email address that receives attachments from an automated source 24/7.
You cannot receive more than 1000 emails a day.
Using your emails for file storage purposes.
We suggest using WeTransfer, DropBox, Google Drive or any other system for file storage instead.
Please note that all deposit payments are non-refundable. Such payments are a statement of intent to proceed and cover the cost of materials, software and initial set-up costs which will be incurred on your behalf as soon as your deposit is received. Please note that work will not commence on your project until such time as your deposit has been received by us as cleared funds. Payment of a deposit will be taken as your intention to proceed to completion of the work for which we are engaged and obligates you to make full payment once such work has been completed.
Ownership of a website or any work carried out is not transferred until full payment and all monies owed and or to be owed is paid in full to Elixir Digital LTD Ltd. Even if a project is canceled or your website is taken offline due to non-payment, the total amount invoiced and or to be invoiced is still due in full.
There are times when elixir digital will offer bulk services over a period of time, at a reduced rate.
Eg. 6 months of services at the price of 3.
For services such as this, you agree that, once payment is made, you are happy to continue with the three months of services being received, you are not paying monthly, you are paying up-front for a service that takes place over a number of months, as such, once work has been initiated there is no possibility of a refund, either partial or fully.
As a fair, ethical and friendly company, we provide up to two hours work for any amendments you may require to your website design and build projects. This should provide sufficient time for us to implement most if not all alterations. As ours is a creative service with potentially endless personal preferences, the two-hour slot has to be strictly two hours and all additional developments and alterations are to be charged for at the standard hourly rate of £40. Please also note that all images, additional features, and functions to your website design and build are also charged at £40 per hour.
All services, most importantly website projects and website quoted for tasks come with a limit of two revision stages. Such alterations must be sent or confirmed via email to ensure a maximum of two periods for revisions is provided. Any revisions outside of these set periods will be classed as an oversight and will, therefore, be deemed as new tasks which will be quoted for and billed for accordingly upon your approval. This is to avoid unlimited revisions or an endless period or time frame to revise any works carried out.
Each revision time frame will come with a maximum of 7 days to respond at each period. This is to ensure invoices are not stalled or delayed by the client as an attempt to request further amendments to expand upon a delayed payment, resulting in losses to us as well as additional works which is even more costly to us as a company.
If any invoice is overdue by more than 30 days, the following administration fees will apply and will automatically be added to the amount you owe us: £25
All legal costs incurred by Elixir Digital LTD for the purpose of defence or pursuit regardless of the verdict will be at your expense and due for payment with immediate effect.
All solicitors fees incurred by Elixir Digital LTD for the purpose of defence or pursuit regardless of the verdict will be at your expense and due for payment with immediate effect.
CREATIVITY – DESIGN
All website design and build projects come inclusive of two revision stages of complimentary alterations. The allocation of two stages should provide sufficient time for us to implement most if not all alterations required to the website design. Due to website design and build services being a creative service with potentially endless personal preferences, the two revision stages for website developments and alterations is strictly two lists of amendments, a list of amendments is classed as a list of more than 1 amendment on one date.
CREATIVITY – FUNCTIONALITY
Due to potential design and functionality limitations that may arise during a website design and build project, Elixir Digital LTD excludes itself from any liability for such instances. It is of our greatest interest that all projects are completed and that all aspects raised within a project are completed, although, subsequent to endless potential issues with technological changes or possibilities, Elixir Digital LTD cannot guarantee any aspect will be completed. As a reputable and highly regarded company, it makes every effort to overcome any challenge it is faced with and propose alternative solutions where possible or aim to source a work-around. If an instance were to occur in-house where a particular aspect of a project was not possible to fulfill, Elixir Digital LTD will communicate with or provide contacts for developers who specialise in this area of website design and Development. It is the client who is liable for any such costs as it is out of our control how much is quoted or charged. Elixir Digital LTD takes no responsibility or liability for introducing clients to other developers and will not accept any reduction in the overall project total, but will instead add two hours of free credit to your account for website developments as and when you require. All website alterations and developments which were not within the scope of the originally agreed project brief will be billed at our standard rate of £40 per hour.
All website alterations and developments which were not within the scope of the originally agreed project brief will be billed at our standard rate of £40 per hour. This will include additions or changes which alter the way the website functions but which were not originally specified and are personal preference rather than necessity.
The ownership of all design work carried out by Elixir Digital LTD will remain the ownership of Elixir Digital LTD until the client has paid any and all outstanding invoices for such design work carried out by Elixir Digital LTD.
If a stage payment is overdue and unpaid, Elixir Digital LTD reserves the right to charge the full contract value. You have up to seven days to pay the outstanding amount, otherwise legal action could be taken against you and your company.
Elixir Digital LTD manages, updates and renews hundreds of domain names each month. An automated management system is in place to ensure all website addresses are renewed on time to avoid any potential downtime or loss of address. All domain renewal invoices are automated and are issued after our payment for your domain name has been made. To date the system and process have been flawless with no errors or issues, however, aspects of the process are out of the control of Elixir Digital LTD and require the domain name broker to fulfill their part of the process. Consequently, we cannot be held responsible for and not limited to any failure to renew the domain name or change in DNS settings. Please be assured that Elixir Digital LTD ’s core focus is customer service and delivering excellent value for money, subsequently, it is in the best interests of the company to ensure all processes such as domain renewals run smoothly, correctly and on-time. Domain name renewal is a service that Elixir Digital LTD takes very seriously but must protect itself as a company due to not being wholly responsible or in control of all aspects. All domain name cancellations are to be given in writing, clearly stating the exact website addresses you wish to cancel. If no such confirmation is received, Elixir Digital LTD will be unable to cancel the future renewals of your website address, resulting in you as the client, remaining liable for all domain name renewal fees.
All invoices are to be paid in full as cleared funds within a maximum of 14 days.
Any disputes are to be made in writing within 14 days of an invoice being issued with evidence and a supporting statement as to why you dispute the invoice. Any disputes beyond the 14-day term set will be dismissed from any consideration.
DEBT RECOVERY AGENCY
As stated in other points listed within our Terms and Conditions, Elixir Digital LTD applies an administrative charge to all overdue invoices as chasing for payment results in unnecessary administration and /or legal expenses. We will take all reasonable, fair and professional actions to obtain payment for overdue invoices. However, if the amount owed is not forthcoming, we reserve the right to employ the services of a debt recovery agency. It is important to note that once the agency is employed, you as the client will be liable to pay the invoice overdue, the relevant administrative fee listed, interest charged at 8% plus the Bank of England base rate, as well as the 17.5% fee the debt recovery agency will charge you for all balances outstanding on your account. Please note that the debt recovery agency do offer finance or repayment packages if needed. We do not wish to employ the services of a debt recovery agency and will avoid the use of such services if at all possible. However, should other avenues of recovering the debt fail, the matter may need to be passed onto a specialist debt recovery agency to recover the amount you owe.
Elixir Digital LTD accepts no liability for consequential losses or damages of any kind.
LOSS OF BUSINESS
Elixir Digital LTD accepts no liability for any loss of business for any reason.
UPDATES TO OUR TERMS OF SERVICE
By employing the services of Elixir Digital LTD in any capacity, whether it be by through a verbal conversation, handshake, email, letter, payment, PDF or proposal document. You immediately accept and adhere to all terms and conditions.
You also accept all current and future updates to our terms and conditions which you can visit and access through our website at any time. We also include a link to our terms and conditions through marketing activities, our website, and invoices, making it very easy for you to keep up to date at all times.
Elixir Digital LTD is more than happy to discuss any points within these terms and conditions with you.
Pausing any service is not advised, however, should you need to, a £60 administration charge will be applied to your account per service. This is to cover the administrative time needed to adhere to your request. Please note that pausing any service will not pause our production schedule or invoicing schedule as what we have agreed to provide you with must be fulfilled whether it be now or in the future, the choice is yours. Any content, website development or marketing missed during your paused period will be made up for once you re-activate the service with us.
All cancellations must be provided the form a completion of the cancellation form provided within the Elixir Digital LTD website. https://www.elixirdigital.co.uk/
As stated in our terms, we require 30 days’ notice if you wish to cancel any of our services. This 30-day period is in addition to the minimum term agreed with you at the outset.
The service you request to cancel shall continue up to the final day within the calendar month your service cancellation falls. This is to avoid disruption and you will be invoiced up to this date accordingly. Subsequently, it is required that you submit your cancellation request by the first (1st) day of the month for your services and invoices to end in exactly 2 months time. No services shall stop mid-month and any mid-month cancellation request will be carried over to the following month.