Terms & Conditions
Smai Digital is a trading brand of smai.co.uk (Smai Digital Ltd)
ST1.0 All websites unless determined in our quote will be built on Linux based servers. ST1.2 Smai Digital cannot be held responsible for any software interfacing issues, admin, sales, database etc. ST1.3 All deposits are non-refundable unless the order is cancelled the same day. ST1.4 The responsibility of manufacturers, competitors, suppliers, public complaints remain the responsibility of each client, Smai Digital will endeavour to put right, if possible and economical, the website issue any complaint(s) within the terms of the monthly management maintenance plans or at £49.00 per hour. ST1.5 Any complaints/claims/damages etc regarding photography sourced free from search engines etc. remains the legal responsibility of each client. ST1.6 In the event of any website downtime, crash, re-direct, hacks, viruses, bugs, data/logic bombs, server failure, etc; Smai Digital will reinstate your website, if possible, at the team cost of £105.00 PH, your monthly management DOES NOT offer any cover for hack/virus etc for the aforementioned eventuality. In addition to ST1.7 Smai Digital cannot be held responsible for any lost sales or enquiries, perceived brand damage, website downtime etc. howsoever caused. ST1.8 in the eventuality of ANY website downtime, howsoever caused, Smai Digital will endeavour to reinstate your website ASAP Mon thru Friday, however in certain instances, (Database penetrated virus etc) it may be more economical to create a new website. ST1.9 Smai Digital reserve the permanent right to use your website for the purpose of marketing on their website, brochures, banners and social media posts and award or competition entries. ST188.8.131.52 Each website will carry the Smai Digital link and logo at the base of their website, these cannot be removed under any circumstances unless written/email permission is given from a Smai Digital director.
ST FIG 1 Clients or wishing to terminate their website orders for any reason will be liable for payments as follows: -
FIG1 Website or other Production cancellations fees calculator:-
- Deposit = No Refund unless order cancelled the same day.
- Week 1 = 15% payment, of total original quote. (1 week is 7 days, Monday thru Sunday after deposit and each 7 days thereafter constitutes another week)
- Week 2 = 40% of total remaining balance net of the deposit if paid of the quote/invoice value.
- Week 3 = 60% of total remaining balance net of the deposit if paid of the quote/invoice value.
- Week 4 = 80% of total remaining balance net of the deposit if paid of the quote/invoice value.
- Week 5 = 100% of total remaining balance net of the deposit if paid of the quote/invoice value.
The above is a pro-rata illustration meaning a 5 day project, rather than 5 weeks, would have the same calculation apply, but each day, rather than week, would represent a component payment part. The same comment applies to 10 week projects where the calculation would be extended on a pro-rata basis. Your production time/schedule will have been advised to you at or before the time of your order.
ST2.0 Rejected creative work, each client has the option to 100% reject our (your) creative website /brochure presentation production, on such occasions you will be asked to provide a website creative in either graphical format, or by highlighting another website that you wish us to closely emulate, if possible and within the original quotation specification. If this further work is then rejected you will be asked to detail, via email, your dissatisfaction and where you consider the differences to be your creative requirement/direction/graphical image/website to emulate, versus that of what we have presented. If we consider your interpretation to be unreasonable we reserve the right to offer one final change to your creative direction (this is not a new creative), if this is then rejected, all further amends will be charged at £65.00 per hour, and quoted in advance of the work taking place. If ultimately you reject all our work, then after 3 attempts we reserve the right to consider this as TERMINATION of our agreement and the cancellation payment terms (FIG 1) will apply.ST2.1 Each website creative must be signed off by the client, at that stage the responsibility for any design similarities or perceived copy, will become the legal responsibility of each client.
ST2.2 Creative Sign-Off you will be offered a partial working version of your website to peruse, critique and request any changes you require. We allow three significant changes and 10 days for each client to sign off unless pre-agreed via email etc. Once you have creatively signed off your website, we will proceed to complete the project carrying through the same style through each website page, unless otherwise pre-agreed. Whilst minor amends are accommodated, there is ‘reasonable changes time’ caveat; (image swaps, content updates are minor changes except where content has changed the page layout determining a page re-style; page or partial page re-styles are MAJOR creative changes). In this instance clients will be advised that their changes thereafter will be chargeable at £49.00PH. ST2.3 Failure to hand over content in the agreed time period may determine that MWM cancel your order, in such instances the cancellation detailed in FIG 1 above will apply. ST2.4 Websites rely on content, which is, unless otherwise stated, the responsibility of each client to supply as requested by email or agreed within the order terms. Late content or general client information automatically adds to the overall project timeline by the number of days late. ST 2.4.1 Unreasonable client content or image handover delays, affect our studios production efficiency, creating a knock-on affect to other client projects. In this instance, and to protect other client productions, your project may be cancelled. In this instance you will have been advised vie email etc, of production problems etc. In this instance FIG 1 payment calculator will apply. 2.5 MWM reserve the right not to use poor client content or photography (grainy, amateurish etc.) as it may damage the overall impression and performance of the website as well as the perceived quality of the website and subsequently our work.
ST3.0 Our monthly management, marketing and advertising services are designed to help promote your website and business within the various search engines as well as help create social media engagement and community; it is not possible to guarantee results/business growth etc. ST3.1 We offer no guarantees or timelines for improved Search Engine Ranking Positions (SERPs) for your website or individual pages within your website. ST3.2 Smai Digital bear no responsibility for the performance, sales, inquiries, website metrics, brand enhancement/damage, social media platforms, third party sales platforms, of any website or associated third party platforms/links (eBay, Facebook etc.) they have produced unless previously agreed in writing or proved delivered and read email. 3.2.1 Smai Digital reserve the right to post articles on each client’s behalf unless specifically instructed, in writing or recorded delivered and read email, not to. ST3.3 Smai Digital will cross fertilise as they see appropriate your social sites/community/posts etc. with other clients. ST3.4 Once authorised, via our management plans, Smai Digital cannot be held responsible for any perceived or actual brand damage that may arise as a result of any of our services including website production/content/post/share/tweet/blog/advert/video etc. ST3.5 Our extended services include SEO, Email Marketing, AdWords, Social Communications (Facebook, Twitter, LinkedIn, Instagram, Pinterest, Google my Business, YouTube etc) Social Advertising and Blogs; our efforts are guided and fully intended to comply with any current, known to us, UK Legislation. If for any reason our client services breach or do not adhere to current UK or EU Legislation, including GDPR, our liability will be limited to halting/removing any visible infringements/breaches etc, there will be no reimbursement of fees or compensation of any form. Any fines arising/prosecutions will remain the responsibility of each client.
ST4.0 Notice period are detailed below for clients wishing to terminate of any of our retained services. ST 4.1 If we/you have agreed longer term contracts plus one year etc, this will be detailed in either our proposal, your order or within email communications. In this instance, the notice period detailed below do not apply.
Notice Periods (Excluding ST4.1)
- All Inclusive Marketing = 60 days
- Social Media Marketing = 60 Days
- Social Media Advertising = 60 days
- Email Marketing = 90 days
- SEO = 30 Days
- Google Ads = 30 days
- Website Hosting = 30 days
Termination notices must be made in writing or confirmed received email, which will count as the start date of your notice period. ST
ST5.0 All websites and creative work including logos/brochures etc, remain the property of Smai Digital until such time they are 100% paid for.
ST5.1 Smai Digital do not offer credit terms, any arrears will mean the immediate suspension of our services which will include the website host, meaning your website will no longer be visible or accessible. In this instance a minimum of 48 hours email notice will have been given.
ST5.2 Smai Digital are VAT registered company, all prices listed are excluding VAT which will be added at the appropriate and legal current UK value.
ST 6.0 Server/host provider transfers are permitted, however Smai Digital offer no guarantees of website functionality on your new server host post transfer as there can be server specification/functionality/capacity issues we are not able to control or predict. ST 6.1 There will be a server transfer charge of not less than £89.00 for none eCommerce websites, and from £209.00 for eCommerce website. The stated fees are from prices and will be determined by the website size which determines how long it takes to transfer.
ST 7.0 Smai Digital is a UK company and governed by UK statute, any legal claims will be heard in London. Each client agrees that any claim arising that is not covered by this contract will be heard in the London small claims court.
ST 7.1 None Disclosure Agreements (NDA) breach of any agreed NDAs will trigger a £350.00 invoice, for the production, circulation, sharing of this strategy/quotation.
Our All Inclusive Marketing, Social Media, Advertising, Google Ads, eMail Marketing plans, are all subject to:-
- Set up fees will be detailed on the relevant page.
- Minimum terms, are detailed on the relevant page.
- Notice periods, unless otherwise stated or agreed in either email or via our proposal, is 30 days from acknowledged email or written notification.
- Results, whilst we are confident in our abilities, it is not possible to guarantee anything past quality enquiries or sales over a period of time. We accept no legal responsibility or offer any level of compensation for poor or overwhelming campaign results, sales, enquires and ultimately business growth or reduction.
- Brand, we accept no responsibility for any actual or perceived brand damage that may occur as a direct result of a communication/post or advert etc sent by Smai Digital on your business’ behalf.
- Communication style, where a client has detailed a specific communication (Post, Blog, Tweet etc) style, we will stay inside these parameters unless we are creating tactical comms for the purpose of Back Link building.
- Video productions will either be 100% original production, purchased & licensed footage, or smoothed photography. Editing, transitions, content, and call to actions are all original and produced in-house.
- Ad Spend, all except Google Ads, will be spread over the year, equally spread over 52 weeks.
- Google Ads &LinkedIn, ‘Impression & Click Budgets’ are NOT included in our fees. We will recommend a click budget and once agreed, we will need your credit card to submit to Google for direct payment. It is important that there is always sufficient 'credit card headroom’. If not Google may close your ad account.
- All advertising platforms operate very strict rules on what can be said and shown. These rules are evolving daily, and it is entirely possible that your ads could be suspended without notice. In this instance we use our best endeavours, relationship and ability to make the necessary changes and reinstate your adverts. There is no compensation available from any of the advertisers if your business has been affected by their advert suspension/block or removal. Equally we accept no responsibility for any loss of leads/enquiries or sales as a result of advert block, suspension or removal or account closure etc.
- Payments are always one calendar month advance of the service, slow or late payment will halt the service unless otherwise agree in written/email communication.
- Payments are via bank transfer in UK sterling.
- VAT will be charged at the prevailing rate for all UK business’.
- On termination or expiration of our contracted term for our Google Ads, Facebook, Instagram, Twitter, linkedIn services, we are not able to copy or transfer any ads, analysis, keyword research or access to the advertising/admin areas.
- Google Ads and social campaign set up fees, are for the labour/skill in setting up the campaign and do not relate to the creation of the adverts or keyword research etc.
- Smai Digital Video Adverts are created for the purpose of advertising, and remain the property of Smai Digital for the sole use of digital advertising carried out by Smai Digital. They are not transferable to clients or agencies. Any video adverts, that Smai Digital have produced, that have been posted on your social sites by us, can remain in-place but it is not permitted to lift/copy and/or re-use these video adverts.
Client Access to Social Platforms/Google Analytics etc.
ST8.0 Google Analytics, it is possible to grant access to your Google Analytics Account as this is attached directly to your website.
ST8.1 Google Ads, we do not grant client access to any Google Ads account for a variety of reasons, mostly as the copying and transference of our research and knowhow is classed as a significant commodity. 8.2 In addition to 8.1, we hold a master Google account where ALL client accounts reside.
ST8.2 Access can be granted, on request, for Facebook, Twitter, LinkedIn, Instagram, social platform. It is possible to transfer all social accounts to a new user/manager/administrator on termination of our services. 8.2.1 With the exception of Video Adverts that have been produced by us, all other work can be re-used.
ST8.3 It is NOT possible to grant access Facebook, Twitter, LinkedIn, Instagram, social advertising area.
ST8.4 Search Engine Ranking Position reports (SERPs) it is not possible to give access to this software.
Emails and any information contained within or attached in a separate file is confidential and intended solely for the Individual to whom it is addressed. The information or data included is solely for the purpose indicated or previously agreed. Any data included with an email remains the property of Multi-Web-Services.co.uk Ltd and the recipient will refrain from utilising the information for any purpose other than that indicated and upon request will destroy the information and remove it from their records. Any views or opinions presented are solely those of the author and do not necessarily represent those of Multi-Web-Services.co.uk Ltd. If you are not the intended recipient, be advised that you have received an email in error and that any use, dissemination, forwarding, printing, or copying of said email is strictly prohibited. No warranties or assurances are made in relation to the safety and content of any emails received/sent and any potential malware attachments. No liability is accepted for any consequences arising from it.