Terms & Conditions

Introduction

We will always do our best to meet your needs and be as flexible as possible to accommodate changes in your requirements, but sometimes it is best to have a few things agreed more formally so that both parties clearly understand what is to be delivered and what our obligations and commitments to one another are. Also, if either party feels that the relationship isn’t quite working, then we need to understand what are options are for moving forwards, to help protect both parties.

We always like to keep things as simple and as clear as possible and where possible avoid the use of jargon, both legal and technical. Hopefully we’ve made our terms and conditions easy to understand and as straightforward possible. However, if there any elements that need explaining further then we will always be happy to talk you through them. Our view is that there is little point in confusing you and ‘locking’ you into something that you don’t feel comfortable with – this does not lay the foundation for an open, honest and successful relationship.

Please read these terms and conditions carefully. Any purchase or use of our services implies that you have read and accepted our terms and conditions.

Definitions

“Genetic Digital” or “We” means DGR Enterprises Ltd;

“The Client” or “You” means any person, entity or company entering into contractual arrangements with Genetic Digital for the provision of any services by Genetic Digital;

“Content” means any material including without limitation any text, images, designs, shapes, logos, videos, recordings and trademarks displayed on a Client’s Website;

“Website” or “Site” means any website created by or developed by Genetic Digital.

Acceptance

It is not necessary for any Client to have signed an acceptance of these terms and conditions for them to apply. If a Client accepts a quote then the Client will be deemed to have satisfied themselves as to the terms applying and have accepted these terms and conditions in full. We will carry out work only when acceptance of our quote is provided either by email or by phone.  An ‘Order’ is deemed to be a written or verbal contract between Genetic Digital and the client, this includes telephone and email agreements.

What do both parties agree to do?

We have the experience and ability to perform the services you need from us and we will carry them out in a professional and timely manner. We will endeavour to meet all the deadlines set but we can’t be responsible for a missed launch date or a deadline if you have been late in supplying materials or have not approved or signed off our work promptly at any stage. On top of this, we will also maintain the confidentiality of any information that you give us and adhere to the GDPR legislation.

As our client, you have the power and ability to enter into this contract on behalf of your company or organisation. You agree to provide us with everything that we need to complete the project including text, images and any other information when we need it, and in the format that we ask for. We are a small business and to remain efficient we must ensure that work we have programmed is carried out at the scheduled time. On occasions, we may have to reject offers for other work to ensure that your work is completed at the time arranged.

You also agree to stick to the payment schedule set out in these terms and conditions.

The Legal Bits…

We can’t guarantee that the functions or content contained in any web page templates or in a completed website will always be error-free and so we can’t be liable to you or any third party for damages, including lost profits, lost savings or other incidental, consequential or special damages arising out of the operation of or inability to operate this web site and any other web pages, even if you have advised us of the possibilities of such damages.

If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.

Confidential Information and Security

All information, drawings, specifications, documents, contracts, design material and all other data, which either party may have disclosed and may from time to time disclose to the other party relating to its business, customers, prices, services, requirements, the website, the Services and these Terms and Conditions, including any technical specifications (the “Confidential Information”), are proprietary and confidential to the disclosing party.

Each party hereby agrees and undertakes to the other that it will use such Confidential Information and all other data solely for the purposes of these Terms and Conditions and it will not, at any time during or at any time after the completion, expiry or termination of any Agreement use or disclose the same whether directly or indirectly, to any third party without the other party’s prior written consent.

Each party further agrees and undertakes that it will not itself or through any subsidiary or agent use, sell, licence, sub-licence, create, develop or otherwise deal in any Confidential Information supplied to it by the other party or obtained while performing any Agreement. Each party will ensure that each of its employees, agents or sub- contractors will comply with the provisions contained within this Clause.

The provisions of this Clause do not apply to any confidential information or data which:

• is or becomes freely available in the public domain through no default of the receiving party; or
• is required to be disclosed by any court of competent jurisdiction or statutory or regulatory authority; or
• is received from a third party which owes no duty of confidentiality in respect of such information.

Copyright & Passing of Rights

You guarantee to us that any elements of text, graphics, photos, designs, trademarks, or other artwork that you provide to us for inclusion in the web site are owned by yourself or you have permission to use them.

Once all amounts due to us from you are paid and cleared you are assigned the rights to use, as applicable, the products and services, including, the website which includes the theme, text, graphics, animation, and digital components contained within the finished web site, in accordance with these terms and conditions.

The rights to photographs, graphics and any third party items such as source code and plugins, always remain the property of their respective owners.

No such rights as described above will pass until all amounts due to us from you are paid.

We love to show off our work and share what we have learned with other people, so we also reserve the right to display a link back to our website on your completed project as well as include within our portfolio, write about the project on websites, in magazine articles and in books.

Websites

Any amount quoted for website projects, unless explicitly stated or agreed otherwise, excludes hosting of the website, domain name registering, video and image stock licenses and any additional licenses required for the operation/running of the website, outside of those agreed in the proposal. For every website project a timescale for delivery will be provided. If the project time extends outside of the allocated timescale due to:

lack or delay of correspondence from the client,
slow or delayed delivery of content from the client,
or changes to the initial spec/proposal by the client,
an additional charge may be incurred. Once a website has gone live (a state where the website is visible on a domain to the public), unless agreed otherwise, the client has 1 week to request any changes that relate to:

• interoperability errors,
• small tweaks (changes to be considered under one hour of labour),
• or spelling mistakes.

After this period, unless agreed otherwise, changes to the website will become chargeable at our day rate.

After this 1 week period, if your website is not hosted on our hosting, unless agreed otherwise, any errors, downtime, detection of viruses, malware, slow loading times or any issues relating to the operation of the website or any system we install are the responsibility of the website host, we will charge a day rate if requested to aid in resolving any such errors. If you choose to host your website with another host other than Genetic Digital and during or after the project additional work or correspondence is required from Genetic Digital, the additional time will be charged at our day rate. (This includes additional time setting up any aspect of the server, correspondence to and from the server host, additional set up time as compared to using our own host).

All websites are developed to work primarily across all major browsers and platforms including other devices such as mobile phones and touchpads. However, we cannot guarantee complete and/or long term compatibility across every major browser, platform or handheld device due to updates/upgrades by their respective vendors. We also cannot guarantee compatibility in old or redundant browser software

Website Delivery

Unless an alternative billing schedule has been agreed, we require a 40% Initial Payment for the full amount quoted under “Quote” in your project proposal or previous correspondence. Only once the Initial Payment is received in full, will the development process begin. Failure to make this payment on time will cause a delay in any start date that has been initially agreed to.

Unless explicitly stated or agreed otherwise, our website build and delivery process typically works off 4 stages:

Stage 1 – Planning

The process will start with the creation of a development plan for your website and the creation of a site map. This will include information like what specific web pages will make up the site and the structure and titles for the navigation elements. Once the client is happy with the site map, we ask them to sign off on stage 1 via email.

Stages 2  – Design

Once stage 1 is signed off we will work on creating high-fidelity page designs that show exactly how the web page templates will look.

We will produce designs for the following web page templates:

• Home page
• Internal pages

Once the client has looked over the designs, we ask for input via email or phone. During this stage only dummy content or limited content is likely to be used to demonstrate design, operation and functionality. We then make these changes listed by the client. We allow for up to 2 revisions per template. Once the client is happy with these changes, we ask them to sign off on stage 2 via email.

This effectively ends the stage at which large design changes can be made to the website.

Stage 3  – Development & Content Inclusion

This is the stage in which we turn the designs into physical web pages and develop a fully functioning beta site on our development/testing server.

This is the stage in which all approved/signed-off content will be added to each web page. Please note that unless it’s agreed that copywriting, photography or stock image sourcing will be performed it is the client’s responsibility to produce all content for the website. We appreciate this can be a lengthy process so we urge all our clients to make sure they are prepared to deliver all website content within the project time frame. If the project is delayed due to awaiting delivery of content from the client, an additional fee may be incurred.

We will share a beta site URL with the client so the client can review the site during development and request small/minor content tweaks and fine-tuning to the web pages.

Once all content has been added and the minor changes have been implemented the client is then asked to sign off on stage 3 via email. This effectively ends the stage at which content or styling changes can be made to the website. This is due to interoperability testing that is required to ensure the correct operation of the website across browsers and devices. To make further design or content changes after testing would then require re-testing, incurring additional time, labour and costing.

If we do not hear back from you within 21 days from the date in which sign off of stage 3 or feedback on the beta site has been requested, we will assume that no further changes are required and we will have the right to progress to stage 4 and invoice for the remaining balance once the site has been tested.

At the end of the stage 3 the website displayed on the test URL is effectively the final version.

Stage 4 – Testing and Launch

Once stage 3 is signed off we start website compatibility and full site testing. At the end of the testing stage the client is required to pay the remaining 60% of the total project value plus any additional fees that were agreed during the project. As soon as the remaining balance is received in full a launch date and time will be agreed with the client. Once the site is launched we allow a 2-week grace period for the client to request any changes that relate to:

• Compatibility errors
• Small tweaks (changes that take no longer than 1 hour of our time)
• Spelling mistakes

Outside of this grace period, unless agreed otherwise, changes to the website will become chargeable at our day rate. If we haven’t already done so, options for ongoing support will be discussed at this stage.

Genetic Digital cannot be held liable for any missed launch date or deadline, if the client has been late in supplying materials, or has not approved or signed off work on ­time, at any stage.

Compatibility

Our compatibility testing performed on websites we build is exclusive to the most current browsers and versions, tablets, and phones that are above 1% usage worldwide only.

We will ensure our code is compliant and will render in the most current browsers. Not all browsers work well with modern code so we do exclude old browsers from our testing. The latest versions of popular browsers are supported but previous versions are not. Although the site will still work in older browsers we do not offer full testing and support for these or user-based zoom settings, unless it is requested. If it is essential we will charge an additional fee for this.

Website Maintenance, Updates & Hosting

Contracted Clients

Where we have been asked to provide a website maintenance service the following terms will apply.

Website maintenance is invoiced in advance for a minimum of a 1-year period (12 month term), unless agreed otherwise and payment is made monthly in advance via Direct Debit.

If you wish to cancel a website maintenance plan, we require 30 days written notice prior to the end of the initial 12-month term. We do not offer refunds for any maintenance fees paid in advance.

Website maintenance will be delivered per calendar month, starting the 1^st day of each month. Our standard maintenance service provides you with a maximum of one hour of support per month.

Maintenance hours do not roll over each month and any unused maintenance hours for a month are ‘lost’ and not accrued or redeemable against subsequent months.

If a request for additional work comes through that cannot be delivered within the allotted time that we have quoted to deliver as part of the website maintenance package then that work can either be scheduled into the next calendar month of maintenance or we can provide you with a quote to deliver the work sooner, at our current rates.

What IS included in this Agreement and defined as ‘standard website maintenance’:

• Guidance on the use of the CMS.
• Pro-active monitoring of Content Management Systems and plugins. Module code frequently requires patching to ensure they remain secure. Security lists are monitored and necessary patches identified, tested and implemented:
  • Monitor platform specific security list alerts e.g. WordPress and installed plugin security advisories and security announcements.
  • Assess criticality and mitigating factors of alert notifications and respond accordingly

Exclusions: What is NOT included in this Agreement:

• All additional website design and development work, including but not limited to web page edits, content management system (CMS) design or integration including but not limited to blogs, shopping carts and web forums. These require a separate design and development quotation and agreement.
• Any creation, design or development of any new web pages, imagery, video, website copy, web templates, bespoke code and integrations for the Website.

Any other tasks or any revisions, additions or redesigns requested by The Client that are not specified in the maintenance quote or that fall outside the allotted time in any one month shall be considered “additional” and require a separate quote by Genetic Digital and additional payment by The Client.

Updates for Non-Contracted Clients

Where we have been asked to deliver any website, digital marketing or app updates and no monthly retainer or maintenance contract is in place, the following terms will apply.

• Any change requests or updates will need be quoted for in advance. Work will be prioritised based on current workloads with contracted clients taking priority over non-contracted clients.
• Payment terms for the updates will be defined during the quotation process.
• The minimum billing time is 1 hour

Hosting

Hosting is invoiced in advance for a minimum of a 1-year period, unless agreed otherwise.

You may pay for hosting quarterly, we will require written notice in advance should you want to opt for monthly billing, an additional charge will be added (this is to cover time and labour of processing additional invoices instead of 1 invoice).

If you wish to cancel or move your hosting, we require 30 days written notice before the end of the annual contract term. We do not offer refunds for any hosting fees paid in advance.

In no circumstances do we release any server login details to anyone outside of Genetic Digital (this excludes CMS login details).

Exclusive Hosting Policy – we exclusively host websites that are designed and developed internally by Genetic Digital. To ensure the integrity, security, and performance of our servers, we strictly prohibit the hosting of websites on our servers that have been developed externally or by third-party agencies or suppliers for the Client. This policy is in place to maintain the high standards of service and security that Genetic Digital provides to its clients.

If you require to move your website/emails to another host, we will provide an export of your website’s source code and database. There may be a fee to provide these files and if any outstanding invoices remain on your account we reserve the right to not release any files until all outstanding amounts are settled.

Our standard Website hosting allows 1GB of server hard drive space and 50GB of bandwidth.  If your website surpasses this limit an additional hosting charge may be applied, we will notify you via email if this is the case.

If your website or any script/file/resource associated with your website utilises a large amount of server CPU or RAM, additional work may be required to re-allocate your website to another host or optimise your files (you will be notified and this may be charged at an hourly rate).

Failure to pay hosting fees within the stated terms on your invoice may result in suspension of the hosting service. After 90 days if payment is not received all services will be suspended and unpaid accounts will lead to County Court Proceedings being issued.

Uptime

Genetic Digital’s server providers endeavour to provide 99.99% service uptime guarantee, however, we cannot accept commercial responsibility for any downtime in service or lost emails.

All support times are in line with working hours of Monday to Friday 9 am to 4 pm. Support will be provided within 5 working days of any issue arising unless an SLA has been agreed. Times will then fall in line with that agreement.

Our service providers carry out periodic health and wellness maintenance to our servers and data centre facilities which are generally labelled as Scheduled Maintenance. These actions sometimes cause periodic service disruption which they avoid whenever possible. Generally, such actions are conducted at off-peak hours to avoid any noticeable impact of service disruption. We are notified prior to an action being taken which we will notify customers of by email if deemed as a major disruption.

We would like to remind all customers that Scheduled Maintenance is a necessary and vital aspect of web hosting which ensures long term uptime and reliability of your site.

Back-Ups

We maintain current backups of your site’s data on a daily basis. These backups are performed daily.

We provide a backup service for your site, however, we cannot accept commercial responsibility for any data that is lost between these hours or failure of our backup mechanism. We will restore your site from backup without charge.

Hosting Support

In the case when a problem with your website or email arises, if you’re hosting is being delivered through Genetic Digital you may notify us of the error via email and we will work to resolve any issues.

In the case where an error arises from internal errors we will do our best to resolve any issues inclusive of the monthly hosting cost.

In the case where an error arises through a circumstance caused by the client, an additional charge to resolve the issues may be applied. This may be due to:

• excessive server load – we will do our best to resolve any issues inclusive of the monthly hosting cost.
• a modification made by the client – an additional charge to resolve the issue may be applied.

Domains

In the case that Genetic Digital acts on behalf of a client to register a domain the domain will be registered using domain privacy and set to auto renew on expiry.

It is the client’s responsibility to inform Genetic Digital if they wish or intend to not renew the domain registration, otherwise the domain will be automatically renewed.

If the client wishes to transfer the domain away from Genetic Digital’s registration service, a fee may be incurred.

Source Code/Artwork

We do not release any artwork or source code for any projects until full payment has been received. All designs, graphics and code remain the property of Genetic Digital until full payment for the deliverables has been received.

An additional charge may be applied if artwork files are requested in a format that can be edited (PSD, AI).

SEO/Digital Marketing & Strategy

Please note that we recommend a minimum 3-6 month period for all SEO/digital marketing campaigns.

If you choose to pause or cancel your SEO or digital marketing campaign you must give at least 30 days written notice. You will still be charged for the following month if 30 days written notice is not given.

If you choose to pause or cancel your SEO campaign there is no guarantee that any rankings or traffic increases achieved will remain. There is a high possibility that they will remain for many months after the SEO campaign is paused or cancelled, but we do not guarantee this.

Please note that at any time a search engine may change their ranking algorithm, which may result in massive fluctuations in rankings. We do our best to allow for any changes but in some cases rankings may be massively affected either positively or negatively, through reasons beyond our control.

Unless explicitly stated otherwise all amounts quoted in all Genetic Digital’s SEO quotes and invoices are monthly fees and are paid monthly in advance.

Please note that our SEO and digital marketing campaigns do not come with a guarantee of sales, enquiries or rankings. We do everything to ensure that we meet the KPI’s agreed in your SEO proposal /agreement, but we cannot guarantee a specific outcome due to the nature of SEO and Search Engines.

Digital Strategy

For all digital strategy projects we will require a deposit of 50% of the total project fees paid upfront and the and the remaining 50% on distribution of our final report and supporting documentation (payable within 14 days).

Social Media Planning

Social media management contracts are available for a minimum initial period of 3 months.

Any agreement shall commence on the date of acceptance by the client and shall continue for an initial period of 3 months and then rolling thereafter unless and until terminated by either party on giving to the other 30 days written notice such notice to expire no earlier than the end of the initial period.

Unless explicitly stated otherwise all amounts quoted in all Genetic Digital’s social media quotes and invoices are monthly fees and are paid monthly in advance.

For the clarification of doubt, Genetic Digital are not responsible for any content uploaded to online websites including without limitation to blogs, forums and social media sites.

Price

Prices are quoted in pounds sterling and are exclusive of VAT, which shall be charged at the applicable rate.

All prices quoted and accepted may be increased by Genetic Digital serving written notice of increase on the Client if any alteration to the specification or the services rendered is made at the request of the Client to the extent that such alteration would have given rise to an increase in the quoted contract price had it been allowed for.

All prices quoted in respect of website design shall not include the cost of images in respect thereof.

Standard payment terms

At the start of the project, we will invoice you for 40% (unless an alternative payment plan is otherwise agreed by both parties) of the total project fee. Once the project is completed we will issue an invoice for the balance of the total project cost.

Unless otherwise stated, our standard payment terms are 14 days. We are sure you understand how important it is as a small business that you pay the invoices that we send you promptly. Unless stated or agreed otherwise you must make payment within 14 days of receipt of any invoices.

Failure to do so will result in an interest charge of 4.5% per year above the base rate of Natwest Bank under the Late Payment of Commercial Debts (Interest) Act 1998 and compensation arising from late payment under section 5A of the Late Payment of Commercial Debts (Interest) Act 1998.

The required payment timeframe is stated on all invoices. If we do not receive payment within this timeframe we will reserve the right to restrict the services that we provide, this will include suspension of all hosting, website maintenance, digital marketing campaigns and emails.

HeX Subscription Terms

The services are billed on a subscription basis (“Subscription(s)”). You will be billed in advance on a recurring and periodic basis (“Billing Cycle”). Billing cycles are set on a monthly basis.

At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it or Genetic Digital cancel it.

You may cancel your Subscription after the initial term of 6 calendar months by giving us no less than 30 days’ notice.

Payment is taken monthly in advance via Direct Debit unless agreed otherwise.

Should automatic billing fail to occur for any reason, Genetic Digital will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.

Support Hours

Any support hours detailed in your HeX service quote and provided as part of the monthly HeX subscription do not roll over each month and any unused support hours for a month are ‘lost’ and not accrued or redeemable against subsequent months.

The minimum support time allocation is 20 minutes per support request.

What IS included in the HeX support service:

• Guidance on the use of the HeX platform
• SEO planning consultancy and general SEO advice delivered either by telephone, video call or email

Exclusions: What is NOT included in the HeX support service

• Website design, development or updates but not limited to blogs, shopping carts and web forums. These require a separate design and development quotation and agreement.
• Social media postings or profile creation and management
• Any creation, design or development of any new imagery, video, web pages, templates, bespoke code and integrations for the Website.
• Any copy writing and content editing (including meta data, title tag and visible on-page website content)
• Any Google Analytics reports and support and any other reporting
• Any link building, including research and link requests

Any support requests that fall outside of the HeX support service requested by The Client shall be considered “additional” and require a separate quote by Genetic Digital and additional payment by The Client.

Fee Changes
Genetic Digital, in its sole discretion and at any time, may modify the Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle.
Genetic Digital will provide you with a reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective.
Your continued use of the Service after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.

Refunds
Certain refund requests for Subscriptions may be considered by Genetic Digital on a case-by-case basis and granted in the sole discretion of Genetic Digital. Any product add-ons including, but not limited to, the purchase of additional keywords, competition audits and content suggestions are not available for refund.

Accounts
When you sign up with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.
You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.
You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
If an account is inactive for a period of 6 months or longer we reserve the right to temporarily pause the account and all services within. Upon account reactivation (when you log in to the account following the 6 months, or longer, inactivity) these services will be fully reinstated.

Links To Other Web Sites
Our Service may contain links to third-party web sites or services that are not owned or controlled by Genetic Digital.
Genetic Digital has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Genetic Digital shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.

Termination
We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.
Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account you may cancel your Subscription renewal through your online account management page. This must be completed by you within the Service and not us. We are under no responsibility to terminate your Service as this is your responsibility. Failure to do so will result in continued Subscription renewal.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Indemnification
You agree to defend, indemnify and hold harmless Genetic Digital and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password, or b) a breach of these Terms.

Limitation Of Liability
In no event shall Genetic Digital, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

Disclaimer
Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
Genetic Digital its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.

Exclusions
Without limiting the generality of the foregoing and notwithstanding any other provision of these terms, under no circumstances will Genetic Digital ever be liable to you or any other person for any indirect, incidental, consequential, special, punitive or exemplary loss or damage arising from, connected with, or relating to your use of the Service, these Terms, the subject matter of these Terms, the termination of these Terms or otherwise, including but not limited to personal injury, loss of data, business, markets, savings, income, profits, use, production, reputation or goodwill, anticipated or otherwise, or economic loss, under any theory of liability (whether in contract, tort, strict liability or any other theory or law or equity), regardless of any negligence or other fault or wrongdoing (including without limitation gross negligence and fundamental breach) by Genetic Digital or any person for whom Genetic Digital is responsible, and even if Genetic Digital has been advised of the possibility of such loss or damage being incurred.

Changes
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you must stop using the service.

Privacy Policy and Cookie Policy
Please refer to our Privacy Policy and Cookies Policy. You agree that they constitute part of these terms. You must read our Privacy Policy and Cookies Policy before you use the Service.

The ‘small print’

Responsibility

Genetic Digital will not be responsible for any damages your business may suffer. Genetic Digital makes no warranties of any kind, expressed or implied for services we provide. Genetic Digital disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by Genetic Digital, its employees, suppliers, customers or any third party.

Indemnification

We are not responsible for any claimed damages, which may result from our web servers going offline, or being unavailable for any reason. This includes damages which may result from the corruption or deletion of data. The client agrees to indemnify, defend and hold Genetic Digital, its directors and employees harmless from any incidental, indirect, direct, special, exemplary, punitive or consequential damages whatsoever, for loss of business profits, business interruption, loss of business information, or any other monetary loss arising out of the use of or inability to use our services, or the provision of or failure to provide services.

Suspension

We may suspend any or all of your services where we have reason to suspect a violation of our terms and conditions whilst we investigate the suspected violation. We may suspend your services where we have reason to suspect that a script installed on your site is being abused whilst we investigate the suspected abuse.

Database, Mobile Application and eCommerce Development

Genetic Digital cannot take responsibility for any losses incurred by the use of any software created for the Client. Whilst every care has been taken to ensure products are problem-free and accurate, the ultimate responsibility lies with the client in ensuring that all software is functioning correctly before use.

Where applications or sites are developed on servers not recommended by Genetic Digital, the client is expected to provide or seek any information, additional software, support or co-operation pertaining to the server required in order for the application to be correctly developed.

The Client is expected to test fully any application or programming relating to a site developed by Genetic Digital before being made generally available for use.  Where bugs, errors or other issues are found after the site is live, Genetic Digital will endeavour (but is not obliged to) to correct these issues to meet the standards of function outlined in the brief.

Acceptance of Conditions

An ‘Order’ or the Initial Deposit will confirm acceptance of the aforementioned conditions. An ‘Order’ is deemed to be a written or verbal contract between Genetic Digital and the client, this includes telephone and email agreements.

Law

These conditions and all other express terms of contract shall be governed and construed in accordance with the laws of England and Wales.

Please note: That we reserve the right to change these terms and conditions at any time, and its the user’s responsibility to check back to these terms and conditions on a regular basis. We recommend you Print this page with a clear date for your records.