Introduction

DigitalHertz.co.uk provides website features to you (the customers) subject to the following conditions. Please read our website carefully. By visiting or shopping at DigitalHertz.co.uk, you agree to accept and bound by these terms and conditions, which include the other policies posted on this website and as modified from time to time.

Privacy

Please review privacy policy for our applicable practices when using our website.

Trademark Notice

DigitalHertz.co.uk is our trademark and may not be used in connection with any other product or service that does not belong to DigitalHertz.co.uk or that may cause confusion among customers or in any manner that criticises or dishonours DigitalHertz.co.uk. The same restrictions on use apply to other trademarks, not belonging to DigitalHertz.co.uk, that appear on our website but which are the property of their respective owners, who may or may not be connected to DigitalHertz.co.uk.

Understanding

In these Terms and Conditions, the following words and phrases shall have the following meanings;
“Buyer”, “Client” means the person, firm or company who purchases goods from the company;
“The Company” means “DigitalHertz”, “DigitalHertz.co.uk company” and “DigitalHertz.co.uk”, which may be identical in this document. They all mean DigitalHertz.co.uk;
“Contract” means the contract between the Company and the Buyer which shall be deemed to incorporate these Terms;
“Products” means any virtual products agreed in the Contract form to be supplied by the Company to the Buyer, we do not sell any physical product so here the product always means “digital product” or “virtual product” which in any case cannot be send physically.

“Project” is any kind of work undertaken or the service provided by “DigitalHertz” Ltd for the client/customer on the request.

“Domain” is a website address as specified by the client/customer.

“Hosting” is based on the yearly cost to keep customer/client website activated online.

“Content” is text & images the client requires on the website.

In these Terms and Conditions, reference to any statute or statutory provision shall be construed as a reference to such statute or statutory provision as amended, modified, rebuilt or replaced from time-to-time.

Copyright Notice

 All content included on our website (including the text, graphics, logos, button icons, images, audio clips, digital downloads, data accumulations, and software) and the compilation of all such content that is used on this website is the property of DigitalHertz.co.uk or its content suppliers, and is protected by applicable copyright laws.

Electronic Communications

When you visit or send emails to DigitalHertz.co.uk, you are communicating with DigitalHertz.co.uk electronically. You consent to receive communications from DigitalHertz.co.uk electronically. DigitalHertz.co.uk will communicate with you by e-mail or by placement notices on this website. You agree that all conditions, agreements, notices, disclosures and other communications provided to you electronically satisfy any requirement that such communications be in writing.

It is important for the client to communicate with us during the entire process of the project (until delivery) and if there is any change of client email, contact etc. then he/she has to inform us immediately and we take no responsibility of the delay in delivering of the work  if client failed to update its details.

In case after making an order the client does not make contact to us or does not respond our query for more than 2 weeks (14 days), we will make up to 6 attempts to contact to the client by email using the email address for the client held in file. If we still does not receive a response from the client we may terminate the project and the deposited/paid amount will not be refunded.

License to Use and Site Access

This site and its web content, which includes but is not limited to, text, photographs, icons and all other images, are protected by copyright. Any copying, reproduction or adaptation of such copyright works for commercial purposes is strictly prohibited unless prior written approval is obtained from DigitalHertz.co.uk Company.

DigitalHertz.co.uk allows you a limited license to access and make personal use of this website, but not to download or modify (other than page caching) it, or any portion of it, except with expressed written consent from the Company. This licence does not include any resale or commercial use of this website or its contents; any collection and use of any product listings, descriptions, or prices; any imitative use of this website or its contents; or any use of data mining, robots, or similar data gathering and removal tools.

You may not frame or use framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout or form etc.) of DigitalHertz.co.uk’s without expressed written consent. You may not use any meta-tags or any other “hidden text” using DigitalHertz.co.uk’s names or trademarks without obtaining written approval from DigitalHertz.co.uk. Any unauthorised use terminates the permission or license granted by DigitalHertz.co.uk.

Application

DigitalHertz.co.uk reserves the right to investigate and prosecute violations of any part of the Conditions of Use to the completest extent of the law; in doing so, DigitalHertz.co.uk may involve and cooperate with law enforcement authorities in prosecuting users. You admit that DigitalHertz.co.uk has no obligation to monitor your access to or use of the website DigitalHertz.co.uk, but reserves the right to do so for purpose of operating the website DigitalHertz.co.uk, to ensure your compliance with the Conditions of Use or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body.

Your Account

If you use the website, you are responsible for maintaining the privacy of your account and password, and for restricting access to your computer to prevent unauthorised access to your account. You agree to accept responsibility for all activities that occur within your account or with your password. You should take all essential steps to confirm that your password is kept confidential and secure and you should inform us instantly if you have any reason to believe that your password has become known to someone else, or if the password is being, or is likely to be, used in an unlawful manner.

Please ensure that the details you provide us with are correct and complete, and inform us immediately of any changes to the information that you provided when registering. You can access and update much of the information you provided us with in the ‘My Account’ area of the website or by informing us.

DigitalHertz.co.uk reserves the right to refuse access to the website, terminate accounts, remove or edit content, or cancel orders at our discretion. If we cancel an order from your Account, it will be obviously without charge to you.

You may use DigitalHertz.co.uk only if you are an adult, and by using the website DigitalHertz.co.uk, you warrant and represent that you are 18 years of age or older. If you are under the age of 18, do not use, access or register on DigitalHertz.co.uk. In using this website, DigitalHertz.co.uk requires you to register and create an account on the site. You agree as a terms and condition of use and registration that we may contact you to inform you of changes to these conditions of use or describe new services available from DigitalHertz.co.uk.

Our Contract

Your contract is with DigitalHertz.co.uk. The Contract shall be on these Terms to the exclusion of all other terms and conditions, including any such terms and conditions that are supposed to be included or applied by the buyer. No terms and conditions contained in the confirmation of order, purchase order or other document of the buyer will form part of the contract.

Your order is an offer to DigitalHertz.co.uk to make a purchase of the virtual/digital item. After you place an order to purchase digital product from DigitalHertz.co.uk, we will send you an order acknowledgment by e-mail, confirming receipt of your order and containing the details of your order (the “Order Confirmation E-mail”).  Pleases note the Order Confirmation does not confirm acceptance of your offer to buy the digital products ordered. Acceptance of your order and the completion of the contract of between you and us will take place when we virtually dispatch the goods you have ordered to you and send e-mail confirmation to you that we have virtually dispatched the products to you (the “Order Completed e-mail”), unless we have notified you that we do not accept your order or you have cancelled it in accordance with Cancellation Policy.

Under certain circumstances that we cannot control, while we may have accepted your payment of your order, we may need to notify you that we cannot accept your order or the order has been cancelled in accordance with Cancellation Policy. Under this circumstance, your payment for that order will be refunded accordingly.

In case there is unlikely event that incorrect price shown on the website, DigitalHertz.co.uk reserve the right not to accomplish and cancel your order. You will be, under such circumstance, be given the choice to proceed with the order at the correct price.

Please mention specifically when you have any questions before placing an order. In proceeding with your purchase, buyers are deemed to have fully read, understood and accepted our Terms and Conditions.

Website Design & Development

You have two options to order a website from us; either you can directly purchase as a product available in our store or you can request for a custom development of a website. Custom development is completely depends on the deal between us “digital hertz Ltd” and you the “client” but if you buy the website as a product then you have to stay with the same design and development as shown in the sample website, we will ONLY replace the content and graphics (images) with yours.

But if you want any extra work or feature within these website (product based) then this will consider as a custom work and you need to pay extra cost decided between you and us in addition of the original website product price.

Our product based website are only for the sample purposes and we try to replace the content and images with yours but the final version of the website looks different or completely different as compare with the sample version due to your images sizes, resolution, and the data (content) length, font, font size etc. Design and layout changes of the internal pages of website are subject to restriction within wordpress.

Once you place an order for the website we will deliver the website after the days specified in the product description and then you are responsible for, please see (website content) below next heading. We will show you the final version of the website before setting it to live, once you confirm the final version then “NO REVISION” will be accepted. After your approval if you need some changes to your website then you need to do it yourself or requested to do so on additional cost (cost per revision).

You are solely responsible to maintain the backup and security for your website including all its data (content), images, files etc.

We provide and maintain website backup and security ONLY when you purchase these services separately through our webstore or include in some of our hosting packages. Although the basic level of security is present in our all hosting packages and all website products.

We do not provide support if the error is client/customer based, let’s suppose if a client install the plugin to the website and it conflicts with the website or other plugin code and your website goes down or not respond properly OR you modify any core development/software code and the same happens then you will be the responsible to rectify the error by your own or ask for any other third party support or you have the option to ask our support team to correct the error on additional per hour cost.

Please Note: We do not sell the Themes and Plugins as an individual product.

Website Content

You shall be solely responsible for providing, uploading & maintaining, updating your website including any data (content), files, pages, images, material, video clips trade or service marks, logos, emails, domain names etc.  We do NOT provide our services and your website should not consist of pages containing any of the following types of content:

  1. illegal activity
  2. gambling
  3. drugs
  4. pornographic, obscene or excessively profane content
  5. illegal software, computer hacking or cracking
  6. Hate, violence or racial or ethnic intolerance

Hosting and Search Engine Optimization (SEO)

We provide FREE hosting with most (not all) of our website packages but the client is free to choose or switch hosting (after the 12 months contract expires) and in that case the client is completely responsible for all the hosting and domain matters. If the client want to do so then we will provide all the data, content, images, files, codes, database etc. to the client WITHOUT FEE but we will not transfer this all to the client new (third party server) hosting because after switching the hosting its client responsibility but we can also provide this service at additional cost.

If the above case applies to the client then the domain name will also be transferred to the client’s registrar account free of charge (if the client’s account is also on the same registrar).

We only able to provide you the email addresses (which comes with your website package free of charge as described in the product description) if we are your website hosting provider.

Digital Hertz Ltd is not liable for any loss of ranking or traffic to the client’s website. We also not liable for any issues or changes by other search engine optimization companies or by any third party or by the customer itself. Customers agrees to notify “Digital Hertz” promptly if customer involves or engage any other efforts or hire any other SEO company during the active contract term with us. Digital Hertz DOES NOT guarantee any exact placement in any search engines or also DOES NOT guarantee any increase in traffic or sales.

SSL Certificates

We may provide the SSL certificates through our chosen third-party service provider and the SSL service is subject to such service provider’s acceptance of the client application and acceptance of their terms & conditions.

Product Descriptions  

While we attempt to ensure the product information shown on our website is correct, we do not that guarantee product description or other content on our website is 100% accurate, current or error free.

All information about the products on the website is provided for informational purpose only. We recommend you not to rely solely on the information displayed on our website, please ask us if you have any question.

DigitalHertz.co.uk makes every effort to make our product descriptions as precise as possible. However, DigitalHertz.co.uk does not warranty that the product descriptions or other content found on the website is accurate, comprehensive, consistent, current or error-free.

Please Note: Some of our products based on our 3rd party partners and we do respect their exclusive ownership, so we digitalhertz.co.uk do NOT claim ownership of such products in any manner.

We ONLY use licensed products like plugins, themes, scripts etc.

Pricing & Availability

DigitalHertz.co.uk cannot confirm the price of an item until you place your order. Whilst DigitalHertz.co.uk makes every effort to make our pricing as correct as possible, some items found listed on our website may be mispriced, if the correct price for an item is actually higher than your ordered price, DigitalHertz.co.uk will, at our own discretion, either contact you for further details before virtually shipping or cancel your order and notify you of such cancellation.

We list availability information for digital products sold by us on the website page, including on each product information page. Beyond what we say on the page or otherwise on the website, we cannot be more detailed about availability.  If any digital products you order turn out to be unavailable, we will inform you by email as soon as possible and you will not be charged for those products.

Payment for Product/Project

All prices of digital products, coupons, delivery and other charges shown in DigitalHertz.co.uk are in GBP (£).

All payments must be received in full (except the contractual products) prior to the digital product(s) being virtually shipped to you unless stated otherwise on the digital product page.

The buyer shall be entitled to make payment for the digital products pursuant to the various payment methods set out in DigitalHertz.co.uk. The terms and conditions applicable to each type of payment, as contained in DigitalHertz.co.uk’s website, shall be applicable to the contract.

DigitalHertz.co.uk accepts various payment method options. On checkout please select the one which best suits to you and other payment methods may include on this website time by time, all the payment gateway and Paypal fees are including in the total price of the product.

In case of the contract products like website development or e-commerce website there is a button available on the product short description to set a direct debit (DD), means you can set a direct debit (DD) from the product page itself without going to the checkout page.

We offer different digital products BUT we also offer different custom based products and for those type of products we send you the quote and we “digital hertz” and you the “client” agree on the price and normally 50% deposit of the agreed price has to be paid by the client and rest of the amount (as agreed in the quote) has to be paid by the client before the final delivery of the product. The finish product cannot be delivered or go live before all the payment is not cleared. The initial deposit payment is non-refundable after Digital Hertz has committed resources or has done research or design work on the client/customer behalf.

Delivery 

Delivery of the digital products shall be send virtually and no products would be send physically due to the nature of the products.

Any dates quoted for delivery of the products are approximate only. The time for delivery shall not be of the essence, and DigitalHertz.co.uk shall not be liable for any delay in delivery or any loss, whether direct or significant, economic or loss of profits or otherwise, arising directly or indirectly out of any delay in the delivery of the virtual goods.

In the event of other unexpected, strange and involuntary circumstances such as breakdowns by fire, failure of machinery and equipment, strikes and lockouts, energy that cause an delay in delivery time, DigitalHertz.co.uk shall not be liable for such delay in delivery or any loss, whether direct or significant, economic or loss of profits or otherwise, arising directly or indirectly out of any delay in the delivery of the goods.

If the buyer fails to accepts the digital product, then without prejudice to any other right or remedy available to DigitalHertz.co.uk, DigitalHertz.co.uk reserve the right to sell the digital product at the best price willingly available and (after deducting all reasonable storage and selling expenses) account to the buyer for the excess over the price under the contract provided the price has been paid in cleared funds in full or charge the buyer for any shortfall below the price under the Contract; or terminate the Contract and claim damages.

Cancellation

Due to nature of the digital/virtual products they cannot be cancelled after making an order. We have provided all the details about the product on the product page, you can find the details on “short description”, “description” and different available tabs (including contact TAB) on the product page.

If you still unsure about the product you can send us the email OR you drop a message by using our contact us form OR through live chat facility available on our website.

If you put the order by mistake, you can send us the order cancel request ASAP or within 24 hour time because some of the digital products might be ready to deliver to you within few hours and if the cancelation request is made after 24 hours and the digital product is ready to deliver then your request cannot be obliged BUT this is not the case always, let’s suppose you order for a website or a big SEO service and you put the order by mistake or you just change your mind and want to cancel it then we can obliged your request up to 72 hours from the order timings but again it depends on the product you order.

If this is the case above mentioned then your amount will be refunded back to you either in full or after deduction of the administration, service charges or payment gateway, papal fee.

Once the service or digital product is virtually delivered to you then it’s yours and it cannot be returned but cancelled as mentioned in the cancellation above.

For the products which are based on the direct debit (DD) for payment please make sure that you need and fully understand that product before setting up a direct debit, because for these type of products we do not charge upfront amount and the cost of the product is spread over the certain period so it would not be possible to cancel it easily, we advice to please contact us before if you have any concern.

Disclaimer of Warranties and Limitation of Liability

DigitalHertz.co.uk’s liability in contract, tort or otherwise arising out of the subject matter of the Contract shall not exceed the total value of the digital goods delivered under the terms.

DigitalHertz.co.uk and its affiliates are not liable for any damages, claims, losses, costs or expenses of any kind arising from your use of this website or from any medium of communication with DigitalHertz.co.uk, or from any information, content, materials, digital products, (including software) or services included on or otherwise made available to you through DigitalHertz.co.uk.

This website and all information, content, materials, digital products (including software) and services included on or otherwise made available to you through this website are provided by DigitalHertz.co.uk on an “as is” and “as available” basis, unless otherwise specified in writing. DigitalHertz.co.uk makes no representations or warranties of any kind, express or indirect, as to the operation of this website or the information, content, materials, products (including software) or services included on or otherwise made available to you through this website, unless otherwise specified in writing.

DigitalHertz.co.uk, its staff, objectives and its affiliates shall be held harmless and shall not be liable for any damages, claims, losses, costs or expenses of any kind arising from your use of this website or from any medium of communication with DigitalHertz.co.uk, or from any information, content, materials, products, (including software) or services included on or otherwise made available to you through this website.

You expressly agree that your use of this website is at your sole risk.

Disputes

Any dispute, or claim relating in any way to your visit to our website or to products or services sold or distributed by DigitalHertz.co.uk will be subject to intimate binding arbitration in United Kingdom, rather than in court, except that you may submit for claims in small claims court if your claims qualify. Arbitration will not include any judge or jury, and court review of an arbitration ward is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Conditions of Use as a court would. Arbitration shall be conducted, and documents presented, in English; or be accompanied by an English translation of the documents. The Arbitration award will state the reason(s) upon which the award is based.

Governing Law and Jurisdiction

You agree that the laws of the United Kingdom will govern these Conditions of Use, any other applicable polices and any dispute of any sort that might arise between you and DigitalHertz.co.uk or its affiliates.

Assignment

You agree that these Conditions of Use and all agreements and information incorporated herein may be automatically assigned by DigitalHertz.co.uk, in its sole discretion, to a third party. You may not assign your obligations to another party.

Modification

 DigitalHertz.co.uk reserves the right, at its sole discretion to make changes to our website, policies and these Conditions of Use at any time. You agree to accept and be bound by our Conditions of Use, which include the various policies posted on this website, by the act of visiting or shopping at DigitalHertz.co.uk.

Support

We provide support services with all of our website packages for 1 month from the date of when both you the “client” and we “digital hertz” finally agrees on the final version of the website and upload it to the internet. Our support timings are 9:00am to 5:00pm Monday-Friday excludes all bank and other holidays. We will look to fix any issues (which are not due to customer’s doing) within a reasonable time frame.

We will not reply to any support question via our live chat because it is only available for sales queries.

Support is ONLY available for website packages and NOT for any other product or services but of course a detailed report is provided to you for some products (if mentioned in the product description) and if you have any concerns or questions about the report or the work we done for that specific product then you can ask.

Please Note: We provide support ONLY through email and ticket system, we do not provide support through any other mean like voice call or text message.

Important:

We do not provide the support if the error is client based.

We “DigitalHertz Ltd” will not tolerate any form of harassment against its employees from client/customer or any third party and we reserve the rights to cancel a contract without any refund in the event of inappropriate or unreasonable conduct and this includes threating behaviour and abuse towards any of our employee.

 

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