Terms and Conditions
Service Obligation
Dash Media Productions Ltd will use reasonable endeavours to ensure prompt and continuous service as described in the specification ("the Service"), but will not be liable for any loss of data resulting from delays, non-deliveries, or service interruptions caused by circumstances beyond the direct control of Dash Media Productions Ltd, or by errors or omissions of the Customer.
Dash Media Productions Ltd specifically excludes any condition or warranty as to the accuracy of third-party information received through the Service.
Any estimates made regarding dates and time of completion of the services, or any element of the services, are only business estimates and if completion is delayed, no liability, direct, indirect, or otherwise, will be held against the company.
Due to the responsive nature of websites and cross-browser compatibility requirements, variations from the initial design document and the finished site may occur.
Dash Media Productions Ltd will not be held liable for indirect, economic, or consequential loss whatsoever.
The liability of Dash Media Productions Ltd in contract or in connection with the supply of the Service shall be limited in respect of any one event or a series of two or more connected events to the value of the domain name(s).
All fees paid are non-refundable and once registered, domain names cannot be changed in their name or extension without additional costs incurred for charges associated with the registration of a new name with the appropriate registry costs.
Breach of Terms and Conditions by customers will lead to termination of services with no entitlement to a refund.
Contract of Service
When hiring dash media productions ltd the client is purchasing services rather than a product, our commitment is to provide 12 months services in exchange for fee(s) paid. These services will be carried out by a dedicated member(s) of our team with the specific skill set required to complete your project.
Once the member(s) of our team are assigned the service is unlimited for the 12 months purchased.
The services being unlimited refers to concepts and changes, but all work must be relevant to the original brief/scope of the project and does not apply to further functionality or additions outside of the brief/scope.
Your designer’s goal is to produce the design materials for your developer, ensuring they have a design to follow. To ensure this is the case, your designer will produce a bespoke homepage design. This is not a template, wireframe, or structure; it is a complete visual of all elements on the finished home page design. Unless quoted separately, the only page designed and presented in advance of development is the home page.
All charges for Dash Media Productions Ltd services are invoiced on an annual basis. Some services are provided free of charge for your first term but are renewable in your second term, for this see "Renewal Pricing and Structure"
The contract period shall be for the whole term of fees paid by the Customer until the expiry of the period, which is one year from the date of registration.
Unlimited basic changes with our packages are permitted free of charge.
Dash Media Productions Ltd may elect to suspend or terminate the service immediately on any default of payment by the Customer.
From time to time, parts of the Dash Media Productions Ltd network may be taken offline for repair or routine maintenance.
Dash Media Productions Ltd will endeavour to give as much notice as possible but will not be held liable for any unscheduled downfall in the network due to extraneous conditions including but not limited to Acts of God, inclement weather, acts of telephone or Governmental organisations, or power failure.
CMS and E-Commerce sites are sold with the expectation that clients will make amendments to these sites themselves. Due to this, changes to CMS and E-Commerce sites are chargeable based on the duration and complexity of the alterations required.
Our design services typically include the creation of a bespoke home page or landing page, crafted to capture the essence and identity of your brand. This initial design serves as the cornerstone of your online presence, setting the tone for the rest of your digital assets.
Process
Renewals: Services, Terms, Fair Use Policy & Payments
When a client joins Dash Media Productions Ltd, they are allocated members of our team, including but not limited to a project manager, designer, and/or developer. These team members dedicate "x" amount of hours to a project per week for twelve months. This allocation allows Dash Media Productions Ltd to provide the necessary resources for the client while managing its own resource availability at any given time. Additionally, a dedicated hosting environment is created, licenses and software obtained, and offsite backup storage, and security in the client's name from the day they join, this is to sustain, store, hold & protect the website/app/design, or other service is built and set live.
Project completion can be dependent on client cooperation and communication. To ensure projects do not unduly retain resources, any services or resources provided by Dash Media Productions Ltd will expire 12 months from the joining date, regardless of the project's status.
Renewal Pricing and Structure
The cost of your renewal is dynamically calculated based on a comprehensive evaluation of various factors, including but not limited to, the resources you require, Dash Media Productions Ltd's provider costs, overhead expenses, and the specific needs, services, and requests of your project. This multi-faceted approach ensures that the renewal price fairly reflects the actual amount of work required, as well as the evolving costs of delivering high-quality, uninterrupted services.
Renewal prices quoted in initial communications or proposals are to be considered as minimum estimates only. The actual price of your renewal(s) will be specifically tailored, taking into account the precise services being rendered at the time of renewal. This personalised pricing strategy is designed to provide you with the most cost effective solutions, adapting to your changing needs and preferences.
Following the completion or handover of a project, the direct involvement of a senior developer/designer and/or project manager may no longer be necessary. Consequently, quoted renewals will adjust to reflect this reduced resource requirement. Conversely, if a service/project remains incomplete or not handed over, we must reassign the previous year's resources, and therefore, the renewal price will appropriately reflect the need for continued high-level engagement.
Acknowledging the importance of flexibility and responsiveness to both our operational costs and your specific requirements, Dash Media Productions Ltd reserves the right to issue renewals either as a combined package or as individual itemised services. This approach not only allows us to accurately reflect the costs associated with the provision of our services but also empowers you to choose the services that best meet your business's evolving needs.
It is our commitment that renewal prices will always accurately mirror the value of services rendered and to be continued, ensuring transparency and fairness in pricing without over or underpayments.
Expected renewals for a clients 2nd term:
Renewal of Services - Support changes & management
Renewal of Hosting/Server - The space your website and emails are stored.
Renewal of software & licences - Different for all clients as per the list below: CMS Licences: Theme/Builder Licences (Impreza) Plugins and Modules licences (different per client) Revolution licence (animated content) Server/Hosting LicencesImunify360 - Security for attacks, unauthorised logins & malware Cloud Linux - Resource management & reporting LiteSpeed - Caching and speed optimization Stock Image and Media licences Stock images licences Video licences Integrations: Google Map API Social Media Integration Payment Processing Integration
Renewal of Backups & Recovery - Backups & Recovery: Daily backup at midnight Emails and hosting One-click restore: Jetback up licence FTP offsite storage (unlimited storage)
Renewal of bespoke website/team - The continuation of your design and development team past your first term. This service is only required with a project still under active design and development following their first term.
Renewal of Google Submissions
Renewal of CALMS
Renewal of Marketing (custom)
Renewal payment terms:
Payments for renewals are due 60 – 120 working days prior to the end of your twelve-month term, facilitating the allocation of projects/teams/hosting and any necessary data/property transfers. Clients will be contacted via phone/email/sms. Failure to remit payment will result in the suspension of services at term's end.
To prevent unintentional service interruptions, services will be automatically renewed for an additional 12 months unless we receive a cancellation notice 60 days prior to the renewal date. Clients will then be responsible for the subsequent 12 months' renewal fees.
For example:
- Join date: 1st December 2024
- Renewal date: 90-120 days prior to join date.
- Cacelation period: 60 days prior to renewal date:
- Service switch off date: 1st December 2025
Payment Terms on sign up.
Due to Dash Media Productions Ltd offering an unlimited service, i.e. no restriction on concepts or revisions, our payment terms are for payment to be made in full upon registration. Alternatively, for larger/longer-term projects, we may agree to a 50% deposit to be made upfront with the remaining balance to be paid either 30 days later or on the delivery of a visual design, whichever comes first. Any balances owed must be paid on or before the 30th day regardless of project stage; failure to make payment will result in immediate suspension of services.
Improper Use & Liabilities
The Customer shall acknowledge that they will only use the Service for lawful purposes. The Customer shall not use the Service to receive or transmit material, which is in violation of any law or regulation, which is obscene, threatening, menacing, offensive, defamatory, in breach of confidence, in breach of any intellectual property (including any trademark or copyright). This extends to violations due to any spamming and/or bulk email activity for which Dash Media Productions Ltd can and will follow up in the Courts of Law.
The Customer shall take reasonable precautions to prevent the reception and transmission of viruses to the Dash Media Productions Ltd Network and beyond and shall not attempt any intentional and malicious damage to the Dash Media Network or use the Service to affect other computers.
It is the Customer’s responsibility to keep all usernames and passwords secure and not allow third-party knowledge or access or to store them on any computer in plain text or in a format that is easily accessible.
The Customer will notify Dash Media Productions Ltd immediately by telephone or email in any event of a username or password becoming known to a third party.
The Customer hereby indemnifies Dash Media Productions Ltd or its trading concerns against any action taken by a third party resulting from the Customer’s use of the Service.
The Customer shall notify Dash Media Productions Ltd of any action taken against them by a third party and will not hold Dash Media Productions Ltd liable for any resulting costs.
The Customer shall be responsible and liable for any costs to telephone companies by the use of the Service from their point of connection.
The Customer acknowledges that Dash Media Productions Ltd cannot exercise control over the content of information passed across the Internet and via the Service.
The Customer agrees to conform to the acceptable policies of connecting to other networks or computers across the Internet.
Sub-Lease/Re-Selling Restrictions
The Customer agrees not to re-assign, re-sell, or transfer their account in any way without the proper procedures being followed as required by the appropriate domain name registry. Contravention shall lead to the immediate termination of the Service to the Customer by Dash Media Productions Ltd.
Client Obligation and Restrictions
As a client of Dash Media Productions Ltd, it is requested that you are responsive to our queries and questions. Dash Media Productions Ltd is best equipped to represent you when we are well informed. This includes but is not limited to; change of circumstance, change of business name, change of contact details, should you cease trading or should you plan to cease trading.
Clients are hereby informed that all forms of abuse to our staff whether degradation, criticism, threats, profanities, racism, or discrimination will result in immediate termination of services with no entitlement to refund nor compensation.
Service Agreements
Custom service agreements can be drawn up but all service agreements are subject to our blanket terms and conditions.
Domain Transfers
Any domain transfers should be made in writing via email only and no refunds will be due for domain registrations.
Domain transfer requests – (provided all details are correct and procedures followed by the customer) will be carried out by Dash Media Productions Ltd once all outstanding invoices/balances have been settled by the customer with Dash Media Productions Ltd.
Domain Name transfers will only take place if the customer provides IPS tags within 28 days of initiating a transfer.
Once a domain name has been transferred to another Registrar, all services and accounts relating to that domain name are terminated. Dash Media Productions Ltd takes no responsibility for any issues with a domain name (or services related to it) after this time.
Pay Monthly via Direct Debit Terms
Dash Media Productions Ltd uses London Zurich and Smart Debit for our Direct Debit Payments. The efficiency and security of the Scheme are monitored and protected by your own Bank or Building Society.
If the amounts to be paid or the payment dates change, Dash Media Productions Ltd will notify you 3-5 working days in advance of your account being debited or as otherwise agreed. Failure to pay any amount due on the Direct Debit payment date will result in efforts to collect on the next available collection date. Failure to pay any amount due under agreed terms for a period of more than 5 days will result in a suspension of services until the amount due has been paid in full.
We may also implement your details being passed on to a Debt Recovery Agency for them to take recovery action where we feel applicable. Please note this action may affect your future credit rating.
Should your failure to pay continue for more than 5 days, your usage will be suspended while we recover the amounts due under this agreement. Failure to pay any amounts due under this agreement which we have been unable to recover will result in your details being passed on to a Debt Recovery Agency for them to take recovery action.
Please note this action may affect your future credit rating.
In cases where a Direct Debit and or pay monthly arrangement has been agreed, the following terms apply.
The terms of any Direct Debit and or pay monthly arrangement are agreed in advance of our commencement of service, i.e. the number of instalments and the total amount due. A Direct Debit and or pay monthly arrangement will remain in place until the full balance of the account has been cleared (usually 12 months unless stated otherwise or previous payments have been missed).
Should the amount collected change due to a change of their respective services or products, the 12-month term will restart.
Direct debit payments are taken on the 22nd of each month.
If you cancel your Direct Debit and or pay a monthly arrangement you are required to pay the remaining balance in full. In short, any payment plans, deposits, and or monthly arrangements are considered as contracts and the full amount remains payable to Dash Media Productions Ltd.
Should your payment bounce Dash Media Productions Ltd hold reserve the right to demand full payment and impose a £25 bounce fee for each of the administrative duties needed to collect said payment. We also impose the right to reattempt payment via direct debit or any saved payment method i.e. debit/credit card saved with our partners at Stripe.
Unless 30 days' notice is given renewals on direct debit are automatically renewed for a further 12 months at the same rate as year one.
General Terms & Law
Dash Media Productions Ltd reserves the right to do normal system housekeeping such as creating backups though it does not accept responsibility for ensuring the backup works.
If Dash Media Productions Ltd suspects Illegal Activity, we may notify the authorities and reserve the right to do anything on the system which our lawyers advise us to do in the protection of the system.
This Agreement is governed by the laws of the United Kingdom, and you consent to the exclusive jurisdiction and venue of the Central London County Courts or the London High Court in all disputes arising out of or relating to your use of the Dash Media Productions Ltd service.
You acknowledge that no joint venture, partnership, employment, or agency relationship exists between you and Dash Media Productions Ltd as a result of your use of Dash Media Productions Ltd. You agree not to hold yourself out as a representative, agent, or employee of Dash Media Productions Ltd. You agree that Dash Media Productions Ltd will not be liable by reason of any representation, act, or omission to act by you.
Each respective Registry (i.e. Nominet, InterNic etc…) will notify the legal registrant of the disputed domain(s) of their position and liaise with all parties in dispute as determined by their respective terms and conditions of service provision. Dash Media Productions Ltd cannot enter into any direct involvement with the resolution of any dispute other than inform and relay to its client any information supplied by the appropriate Registry as we have no ultimate control over any domain assigned by any Registry.
Dash Media Productions Ltd under intellectual property and internet law reserves the right to cancel and/or remove services if a customer is found to be causing/writing anything that is factually untrue and is potentially damaging towards Dash Media Productions Ltd, this includes but is not limited to, libel, slander, and defamation of character.
Intellectual Property Rights
All information, both text, and pictures supplied by the customer are copyrighted to the customer. All information, both text, and pictures supplied by Dash Media Productions Ltd is copyright to Dash Media Productions Ltd. We reserve the right to place our name in the footer of all websites that we produce.
If the customer cancels their subscription to Dash Media Productions Ltd, or requests a transfer away from Dash Media Productions Ltd, all information owned by the customer can be retained.
Any third-party software or plug-ins purchased by Dash Media Productions Ltd for use on the customers’ website are licensed to Dash Media Productions Ltd. These licences are non-transferrable in the event of cancellation or transfer of website services.
Cancellation Policy
When customers join Dash Media Productions Ltd you adhere and agree to the following terms should you wish to cancel. If cancelling after your onboarding/pre-design/pre-dev form, concept and or website have been delivered you will forfeit any costs already paid.
Should you wish to terminate our agreement/contract/services and/or transfer anything held by Dash, this will need to be done via our project escelation form seen here: https://dashmedia.co.uk/project-escalation.
Once received a member of our team will reach out to discuss your request, should it be agreed we will then process your cancelation and proceed with a formal seperation.
Upon cancelation you will be required to sign a Separation Agreement. This will release each party from their obligation to the other. It will also instruct us as to where your assets (digital and/or physical) need sending to.
When transferring a domain name or files held by Dash Media Productions Ltd this must be done 30 days before the expiry of your term.
Account Credit
Our Operations Department may offer credit as a gesture of goodwill or as compensation. Such account credit is valid for 120 days and may be applied exclusively towards additional services.
Refund Policy
In the event that a refund is warranted, either as stipulated by the aforementioned terms or due to a unique circumstance, the request must be submitted in writing to our Accounts Director. This request will be thoroughly reviewed and a decision to approve or decline it will be made within ten (10) working days. Should the request be declined, a form will be provided, granting the right to appeal the decision. If the request is approved, the refund will be issued in monthly instalments, dictated by our annual budget allocation for that fiscal year. All payments will be executed via bank transfer, directly to a bank account specified by the requestor.
Complaint & Escalation Process
Dash Media Productions Ltd takes complaints and customer dissatisfaction very seriously.
If you have a complaint to make about Dash Media Productions Ltd or any of our staff members, please see our complaints procedure here.
Complaints are investigated thoroughly and confidentially, and you will be informed of our resulting decision in writing.
If you are unsatisfied by our decision, you are also able to make a formal complaint about a registrar to Nominet (the .uk registry) here: http://www.nominet.uk/resources/complaints.
Should you decide to leave Dash Media Productions Ltd you may be asked to sign a separation agreement to amicably terminate our agreement and/or business relationship.
Email Migration
Email Migration is a Service in which Dash Media Productions Ltd migrates the Customer’s email messages from one email client to another email client. Depending on the Customer’s current email client, Dash Media Productions Ltd may also provide Mailbox Migration, in which Dash Media Productions Ltd migrates the Customer’s case records such as e-mails, appointments, and contacts as well. Though every precaution is taken to ensure that no issues, problems, or complications arrive from this migration, Dash Media Productions Ltd will not be held liable for any and all problems that may arise during or after email migration takes place.
The fee of migration is equal to the amount of work required by the company and or an individual. Migration work can take 1 – 5 working days. Migration work must be carried out in full 14 days prior to renewal.
LAST UPDATED MAY 2024.