By placing an work order with Design Code Play, you confirm that you are in agreement with and bound by the terms and conditions on this page.
If you have any queries regarding our terms then we recommend you email us at firstname.lastname@example.org.
This non-disclosure agreement, or otherwise known as confidentiality agreement, (herein referred to as the “agreement”) is made between Design Code Play Ltd (herein referred to as the “DCP”) and you (herein referred to as the “the client”), (herein after collectively referred to as the “parties”). All correspondence between parties such as phone calls, written communication, emails, quotations and briefs, herein be referred to as the “work order”, shall be considered accompanying documents in relation to this agreement.
Now, therefore and in consideration of the mutual agreements hereinafter set forth, the parties hereto mutually agree as follows:
Services Performed by DCP
DCP agrees to perform all the services outlined in the work order directly relating to the project at hand. The content of the work order shall be agreed by both parties before work commences. In case of hiring on a contractual basis, the DCP representative agrees to carry out all work during the arranged duration of the project within the representative’s known capabilities.
Deliverables and Agreement to the Work Order
DCP shall submit the data deliverables and meet the requirements specified by the client as per work order. Once the work order has been agreed between both parties, this will be final confirmation that you agree to all design and development work detailed within the work order itself. This agreement absolves DCP of any liability for any errors and omissions that may be present on the work order. It also means you cannot make any changes to those already set out in the work order and you cannot hold DCP responsible if you are not happy with the completion of the work. As long as the work supplied by DCP is consistent with all the details outlined in the work order you must pay for the work in full and you are unable to take any action DCP for any work in which you may be dissatisfied.
The delivery date will be agreed by the parties and outlined in the work order.
Unless agreed otherwise, new customers are required to pay 50% of the total cost before commencement of any work. The outstanding amount will be paid on delivery of completion of the work. The client is required to adhere to payment terms detailed the final invoice. DCP reserve the right to charge interest on top of the total cost as well as any administrative costs incurred in relation to recovering the outstanding amount. The fee is not included the Taxes, but each party shall be responsible for its respective present and future taxes, duties, tariffs, fees, imports, and other charges.
DCP shall submit invoices for all the services rendered after delivering the deliverables. Payment to DCP will be made based upon the rates and terms specified in the invoice, this being strictly 30 days unless otherwise stated.
DCP may, from time to time, require changes in the scope of the services to be performed hereunder. Such changes, including any increase or decrease in the amount of DCP’s compensation, which are mutually agreed upon by the parties, shall be incorporated by written amendment to the final amount in the final invoice.
If the client makes changes after the final proof has been agreed, this entitles DCP to re-negotiate the total cost of the work undertaken depending on how the changes affect the time it takes to complete the work. A certain amount of changes may be negotiated into the sales contract and the conditions of these changes will be detailed at the time of negotiation.
Confidentiality and Non-Disclosure Agreement
Both parties acknowledge that information furnished under this agreement may contain technical data. Such technical data may not be exported, disclosed, or transferred to any outside person / organization without obtaining permission from the other party. DCP is committed to protecting the privacy of any information that you provide us with and adhere to the requirements of the data protection legislation in the UK at all times.
Client Copyright and Intellectual Property
All work produced by DCP will belong to DCP unless agreed beforehand in writing by both parties. If you supply us with any material that requires copyrights then it is your responsibility to obtain these and we will assume that you have. You will be held responsible for any claims that arise regarding the use of any content that requires copyrights.
All intellectual property in relation to any project between the parties shall belong to DCP at all times unless mutually agreed beforehand and at a cost outlined in the sales invoice.
We are not responsible for managing, maintaining and renewing domains we purchase on your behalf. The domains will be registered to the clients name or business and its their responsibility to liaise with the hosting provider to maintain it unless otherwise agreed by us.
Termination of Agreement
DCP shall have the right to terminate the agreement by thirty days prior written notice to the client, to terminate this agreement at any time.
Damages, Settlement and Disputes for Breach of Agreement
Any claim or controversy arising out of this agreement shall be settled by a court of competent jurisdiction. Each party acknowledges that the other party would be harmed by any breach of the terms of this agreement and that damages may not be an adequate remedy and that therefore the other party may be entitled to a temporary restraining order and/or an injunctions against any breach of this agreement hereof.
Legal Jurisdiction and Governing Laws
This agreement shall be governed, construed, interpreted, and enforced in accordance with the Laws of the UK.
Liability and Force Majeure
DCP accept no liability whatsoever for consequential, third party losses or any circumstance beyond the control of DCP resulting in a delay in delivery however caused. DCP accept no responsibility if we are unable to carry out any work detailed in the sales contract due to any events out of our control such as act of god, legislation, natural disasters, power supply failure and employee’s strike. During such times, you may wish to terminate the contract by written notice to ourselves. All work completed by DCP up to that point must be paid for on a percentage basis of the total cost. Otherwise the work will be delivered by us at the earliest opportunity and will not affect the total cost of the work.
All work produced by DCP may be displayed in any DCP portfolio or advertising medium of DCP to enhance their potential to generate further work in the future. If the client does not wish for their project to be used in this manner, this will need to be mutually agreed beforehand in writing and may affect the final cost in the sales contract.
Any website builds by DCP will require a link back to the Design Code Play website unless agreed beforehand in writing and may affect the final cost in the sales contract.
DCP support the most recent versions of common web browsers such as Mozilla Firefox, Internet Explorer, Safari, Google Chrome and Opera. If compatibility is required with any browser that we do not support there will be an additional cost.
DCP manage web site hosting under our own terms and we reserve the right to choose a server hosting partner and retention of all files and images required for hosting for security and performance reasons. DCP’s management of web hosting will induce a periodic cost to maintain the best interests of the web site and shall be agreed beforehand with the client.