Terms & Conditions
This document is to be viewed by all involved parties as a binding & insoluble contract in agreement to the terms stated below. By signing the sales agreement presented to you by the sales representative, you authorise Dhub Limited & its associated companies (hereafter referred to as "Dhub") to proceed with the creation of the product as discussed with the sales representative & confirmed on the order form.
Dhub's office hours are 9am - 5.30pm, Monday to Friday. Telephone calls received out of hours will be diverted to our answering machine & dealt with on the next working day. Where staff mobile telephone numbers are provided, we ask that you exercise discretion when calling out of hours & only call in emergencies, as in some cases these are also the staff's personal telephones. We appreciate your understanding.
In order to deal more effectively with your queries, we ask that you put any questions to us in writing. This system allows us to distribute questions to the appropriate departments, & thereby respond to you, more efficiently. There are three ways to contact us:
Post: Marylebone Station, 12 Melcombe Place, Marylebone, London, NW1 6JJ.
Telephone: 0207 101 1841
Provision of Materials
You agree to provide us with the specific copy, images & information we require in order to create your product, or to advise us as to where we can locate such materials. We accept no responsibility for your site not being put live/product being completed by a specific date if we are unable to secure necessary and/or suitable information and/or materials from you. If you cannot supply the information you wish to feature in your product, we will do what we can to obtain it, but we accept no responsibility for errors, omissions or discrepancies which may be present on the final product, as these may arise through our lack of specialist knowledge regarding the content of your product. The time taken to compile the data, as well as any time required to correct errors, omissions or discrepancies, which have arisen through your not providing us with adequate materials, will be charged to you at our standard rate. We accept no responsibility for the delay caused in providing you with the final product as a result of your supplying us with insufficient or unsuitable materials. This does not apply if the additional cost could have been avoided but for unreasonable delay on the part of Dhub in ascertaining the unsuitability of the materials with which you provide us. Original copies should not be sent to Dhub. Specific copy, images & information are not the responsibility of Dhub to store. Materials supplied will be archived for a maximum of 6 months after project completion. If specific copy, images & information are to be returned a request must be made in writing when supplying specific copy, images & information. Where you supply or specify materials, we will take every care to secure the best results in the finished product, but we accept no responsibility for imperfect work caused by defects in or unsuitability of materials so supplied or specified.
Archive of Materials
Dhub will store materials created by Dhub for a period of no longer than 18 months unless a request is made in writing. Materials supplied by the client are not the responsibility of Dhub to store and will not be archived once utilised. All supplied imagery maybe returned if required in writing.
Print Proof Agreement
If the sales representative has provided you with a proof, your signing this agreement confirms that you agree to the design & contents of the printed document as depicted on the proof. By signing the agreement, you absolve Dhub of all liability for any errors, omissions or discrepancies, which may be present on the proof. Once you have signed this agreement & proof if supplied, you are not able to make any changes to the final product, nor are you able to hold Dhub responsible for anything you are unhappy with. This contract revokes your right to take any kind of action against Dhub for any aspect of the work with which you are later dissatisfied. Signing this contract means that, as long as the finished product is as discussed with the sales representative & consistent with the proof if supplied, you must pay in full for the work. This fact applies whether or not you later take issue with any aspect of the product. These terms are final & non-negotiable. This is your final opportunity to make changes to the content.
Making Changes After Proof Stage (Print Only)
If a change is requested, we will do everything we can to make the correction before the printing starts, but we cannot guarantee this. We accept no responsibility, under any circumstances, for any mistakes present on the completed work, as the signing-off of a proof absolves us of all liability (see "Proof Agreement" above). Once the proof is signed off or agreed, whether verbally or via email, we incur a film / plate(s) charge & this is passed on to you as part of the total charge (see "Price Breakdown"). Any changes made after a proof is signed off will result in a further film / plate(s) charge.
Print Quality (Print Only)
Every effort will be made to obtain the best possible colour reproduction on customer's work but because of the nature of the processes involved, Dhub cannot guarantee an exact match in colour or texture between any materials with which you supply us, & the printed article. Our budget business cards do not have a guaranteed specification & we reserve the right to vary stock or quality as either we see fit, or circumstances/availability dictate. If the exact specification is important, the cards must be ordered as a bespoke job.
Quantity Supplied (Print Only)
Every effort is made to produce the exact quantity of items ordered. However, some variation is inherent in the print process & so you accept that minor variations in quantity are possible. These do not affect the price charged.
Claims (Print Only)
Advice of damage, delay or partial loss of goods in transit or of non-delivery must be given in writing to Dhub within three clear days of delivery (or, in the case of non-delivery, within 28 days of dispatch of the goods) & any claim in respect thereof must be made in writing to Dhub & the carrier within seven clear days of delivery (or, in the case of non-delivery, within 42 days of dispatch). All other claims must be made in writing to Dhub within 28 days of delivery. Dhub shall not be liable in respect of any claim unless the aforementioned requirements have been complied with except in any particular case where the customer proves that (i) it was not possible to comply with the requirements & (ii) advice (where required) was given & the claim made as soon as reasonably possible.
Standing Material (Print Only)
All materials (including but not limited to film, plates, negatives & positives) produced & used by Dhub during the production process remain the property of Dhub. Where the client provides these materials, they remain the property of the client. Dhub reserves the right to dispose of lithographic work immediately after the order is executed unless written arrangements is made to the contrary. In the latter event, rent may be charged for the safe-keeping of the materials.
Payment Terms (Print)
New customers agree to pay a deposit of 50% of the final bill upon ordering, & to pay the outstanding balance prior to delivery of the completed work. Existing customers agree to adhere to the terms stated on the invoice. All deposit payments are non-refundable.
Website's & CGI
Website Updates, Site Maintenance & CGI Changes
These are charged at £70 per hour (or part thereof). If you want to introduce new material in the form of extra pages, additional functions, or more information than is already available on your site, this must be paid for as a new job.
Hosting & Email Accounts
No clients or third parties will be granted FTP (File Transfer Protocol) access to our servers or any of our affiliates. Where a site with or without CMS (Content Management System) license & functionality is purchased, hosting is charged at a rate agreed at contract. Dhub take no responsibility for any loss of business through non-retrieval of emails, bounced messages or undelivered electronic mail. Dhub take no responsibility for the content of emails including attachments & viruses. Cancellation of any website will result in the withdrawal of the hosting package after 48 hours. All hosting packages are non-refundable. Should the client request that a domain name purchased by Dhub on their behalf be transferred to another host, a release fee will be charged. Website hosting will be renewed automatically as part of the initial contract, but a notice period of not less than 14 days will be given at the time invoicing. Clients must cancel their renewal in writing within this notice period, otherwise all charges will become payable & cancellation will NOT be accepted after this date, as monies will have been paid by Dhub on the client's behalf.
Site hosted by Dhub fall under the following Service Level Agreement (SLA):
Dhub provides an SLA to Virtual Dedicated Server Service and Dedicated Server Service Clients. The objective of the SLA is to set parameters of quality of service for Dhub Clients and to compensate against shortfalls experienced by such Clients. Dhub aim to achieve 100% uptime within its SLA. Section 1.2 defines the compensation levels applicable, should such levels not be achieved.
Dhub aims to provide 100% SLA on uptime during any one month. Should downtime occur, resulting in the indicated percentage uptimes in the table below, the following compensation shall apply, subject to section 1.3:
Between 99.999% and 99.8% uptime, compensation is 5% of Monthly Service Fee.
Between 99.799% and 99.7% uptime, compensation is 10% of Monthly Service Fee.
Between 99.699% and 99.6% uptime, compensation is 15% of Monthly Service Fee.
Less than 99.6% uptime, compensation is 20% of the Monthly Service Fee.
SLA Service Level Agreement Terms.
The SLA starts from the point that Client reports the fault, either by telephone or ticket, and ends at the point that Dhub have restored operating system levels to the Hosting Service, ready for Client to upload data to.
If Client telephones in a fault, they must also raise a ticket to provide a clear time stamp of the start of reporting the fault. If this is not possible, due to network difficulties, Client should make note of the time that the call was made for future reference and SLA compensation calculations.
If Client is behind payments, as described in the terms condition displayed at dhub.com/terms or in breech of contract, as agreed, no compensation claims will be applicable.
Multiple faults in any one month can be added together to form the total uptime percentage in that month, however, should Dhub require the Hosting Service to go through a planned maintenance outage, as part of the rectification of a faulted server, this will not be counted as part of the downtime applicable to SLA compensation. Dhub's decision on SLA compensation claims is final.
Any systems, including ecommerce & Content Management System, provided to the client remain the intellectual property of Dhub Ltd. & as such no access is given to the source code or database schema. Systems cannot be transferred away from our provided hosting solution without prior agreement.
Ecommerce/CMS systems will be provided as an empty shop/site, & training will be given to the client(s) on using the system. A delay in the client populating the e-shop/site will not be accepted as a reason for delayed payment as, once it is ready to be populated & training has been given, Dhub’s job is done. Dhub offers a service to populate the client’s shop site/CMS on their behalf, a cost for this service is available on request for this service.
This does not include any photography, & where clients feel unable to create their own imagery of products, a photographer must be sought. Dhub are happy to recommend independent photographers where necessary, but the contract will be between the client & said photographer. Additional training & support packages are available, & again the prices for these services are available on request.
Dhub guarantees all of its website's / bespoke software solutions provided to clients insofar as any faults or bugs will be rectified within a reasonable period of time so as not to interrupt the service provided by clients to their clients / users for an unacceptable time. Any software provided by Dhub proving to be faulty or defective will be repaired / replaced free of charge to the working standard equivalent to launch. Support enquiries should be submitted to firstname.lastname@example.org
Dhub provides the following support mechanism:
Phone support is provided Monday – Friday during office hours (Excl. Public holidays).
Email support (email@example.com) is provided 24 hours a day. We aim to respond to all email support enquiries within 24 hours.
Dhub provides a managed ticket and telephone support to clients for the identification of faults and resolution of issues as well as assistance using the supplied platform. A fair usage policy is in play when assisting. Dhub endeavors to resolve any support enquires in a timely manner.
Once a client has agreed a look & feel proof & instructed Dhub to proceed to build, any subsequent changes in style or design requested by the client will be charged for at the appropriate hourly rate.
We accept that certain details regarding your business, such as telephone numbers & email addresses, sometimes change, & that the details placed in a proof are liable to change. To this end we will amend smaller details such as these as part of our construction package. This policy applies throughout your contract with Dhub: if a minor detail needs to be amended, we are more than happy to do so, free of charge. Larger changes, such as the creation of a new page or introduction of a new feature on your site, or the sourcing / changing of images are not covered by this policy & must be paid for.
Payment Terms (Web)
You agree to pay a deposit of 50% of the final bill immediately. When we have finished building your site, we will put it live on our own server under a temporary name which we will give you. After we have informed you of the site's location on our server, you have 48 hours to view the site & ask for any amendments to be made. The site can be kept live for a longer period if you specifically request this. After the 48-hour viewing period has elapsed, the invoice will be issued as - apart from minor alterations or transfers onto other domain names - our work on the site is then complete. Once the bill is settled in full, we will put the site live on its own domain name, or - if you have not yet selected one - it will remain live on our server. If you possess your own domain name, we will initiate whatever process is necessary to put the site live once the bill is settled. You are not permitted to point your own domain name to the test site on the Dhub server. If this is found to be the case, we reserve the right to remove the site from our server. All deposits are non-refundable. All invoice payments are required within 7 days of invoice receipt, if payment is not received we reserve the right to remove the site from our server.
Unless negotiated & agreed in writing, the copyrights of general artwork, commissioned artwork, illustrations, website design, programming & copy belong to Dhub. If you supply us with material, it is your responsibility to obtain all necessary copyrights for its use, & we assume that you possess these. In such cases, the copyright belongs to you. By signing this agreement, you agree to indemnify Dhub from any claim, which arises regarding the use of material with which you supply us. We reserve the right to use any artwork or printing we produce for the purposes of promoting our services unless you request otherwise in writing. Any works completed by Dhub, either online, print or in digital format are not permitted for use or distribution by the client for any financial gain without prior agreement, in writing by Dhub Limited. Works that are broadcast or distributed withour written agreement are in breach of these terms and will result in possible legal action.
Provision of Dhub files
Under no circumstances will Dhub provide our original files to our clients. Original design files, including electronic files, hard copy files and print presses are the sole property of Dhub Limited.
All quotes for work are valid for thirty (30) days, after which time all proposed work will have to be re-quoted. We take no responsibility for a re-quoted price differing from an original quote.
Dhub reserves the right not to print any matter deemed illegal, libelous or offensive, or which may be an infringement of the proprietary or other rights of any third party. This agreement indemnifies us in respect of any claims, costs & expenses arising out of any libelous matter or any infringement of copyright, patent, design or of any other proprietary or personal rights contained in any material printed for the customer. The indemnity shall extend to any amounts paid on a lawyer's advice in settlement of any claim.
Dhub accept no liability whatsoever for consequential or third party losses, resulting in a delay in delivery howsoever caused.
Dhub accept no liability whatsoever for financial loss or loss of earnings arising from products or services provided by Dhub.
Dhub accept no responsibility if we are unable to carry out any provision of the contract for any reason beyond our control including (without limiting the foregoing) Act of God, legislation, war, fire, flood, drought, failure of power supply, lock-out, strike or other action taken by employees in contemplation or furtherance of a dispute or owing to any inability to procure materials required for the performance of the contract. During the continuance of such a contingency you may, by written notice to ourselves, elect to terminate the contract & pay for work done & materials used, but subject thereto shall otherwise accept delivery when available.
Dhub shall not be liable for any loss to the customer arising from delay in transit caused by circumstances beyond Dhub's control.
The invoice we send you will be itemised, showing the cost of the design & research process, as well as the production itself. Supplying us with suitable material will, therefore, reduce the time spent on design and, thereby, the final charge. VAT is charged at the current Customs & Excise rates & according to current regulations, irrespective of whether or not it is included in a price quotation.
Jobs put on hold or cancelled by the client jobs put on hold or cancelled by the client during production will be invoiced at current stage & materials. This invoice must be paid in full together with any VAT that falls due accordingly. Projects put on hold for an indefinite amount of time maybe subject to charges.
For invoices not settled within the agreed credit terms, we reserve the right to charge interest on the overdue debt at 2% above the Barclays base rate at the time & an administration fee to cover the debt recovery costs.
Any customer ceasing to pay their debts in the ordinary course of business or proving unable to pay their debts as they become due or, being, a company, is deemed to be unable to pay its debts, or has a winding-up petition issued against it or, being a person, commits an act of bankruptcy or has a bankruptcy petition issued against it, Dhub, without prejudice to other remedies, shall (i) have the right not to proceed further with the contract or any other work for the customer & be entitled to charge for work already carried out (whether completed or not) & materials purchased for the customer, such charge to be an immediate debt due to it, & (ii) in respect of all unpaid debts due from the customer, have a general lien on all goods & property in its possession (whether worked on or not) & shall be entitled on the expiration of 14 days' notice to dispose of such goods or property in such manner & at such price as we think fit & to apply the proceeds towards such debts.
Dhub agrees keep the confidential information of its clients confidential, including all administration areas of website's & details of referrers & those who are referred. All such data recorded by a website will be completely secure, & all information will be treated as confidential in accordance with the Data Protection Act.