Definitions
Hosting Provider Company refers to the specialist companies, such as Rackspace and Fasthosts from whom DIG Online contracts their Dedicated Web Servers.

A Project can be any digital-based service provided by DIG Online to the Customer. (Examples include web design and development, content management systems, email marketing, social media branding, search engine optimisation work, and hosting).

“Frustrates” is a term used to describe a situation in which one party to a contract acts in such a way as to make it unrealistic for the other party to carry out their part of the contract.

The word “contract” as it appears in these terms and conditions shall mean the contract between DIG Online, PO Box 1577, High Wycombe, Buckinghamshire, HP119LR, United Kingdom, and the customer, which will be based on the terms and conditions contained within this Service Level Agreement.

For the purposes of this document, the word “Customer” identifies DIG Online.

Abbreviations
DIG stands for DIG Online.
SLA stands for Service Level Agreement.
ISP stands for Internet Service Provider.
HPC stands for Hosting Provider Company

Contract
The terms and conditions contained in this SLA apply to DIG Customers unless agreed in writing to the contrary. No other contract terms and conditions shall apply unless specifically agreed in writing between DIG and the Customer.

Estimates
DIG will provide the Customer with initial estimates for projects on request. The final project sum may vary from the initial estimate. An estimate, as opposed to fixed price quotation, is useful when the actual project sum cannot be reasonably or accurately ascertained at the outset.

DIG will provide estimates in writing by email to customers, which will include a hyperlink to this SLA. Acceptance by the Customer of a DIG estimate is subject to acceptance of the terms and conditions in this SLA unless specifically agreed in writing between the Customer and DIG to the contrary.

Fixed Price Quotations
Whenever possible, DIG will provide the Customer with a fixed price quotation and detailed specification for a project.

Items omitted or added to the specification that accompanies a fixed price quotation will be treated as variations.

DIG will provide quotations in writing by email the Customer, which will include a hyperlink to this SLA. Acceptance by a customer of a DIG quotation is subject to acceptance of the terms and conditions in this SLA, unless specifically agreed in writing between the Customer and DIG to the contrary.

DIG will provide quotations in writing by email the Customer, which will include a hyperlink to this SLA. Acceptance by a customer of a DIG quotation is subject to acceptance of the terms and conditions in this SLA, unless specifically agreed in writing between the Customer and DIG to the contrary.

Variations
The value of work included in a fixed price quotation, that is not undertaken due to subsequent agreement with the client, will be valued and deducted from the final project sum.

Work that is in addition to that detailed in a fixed price quotation, will be valued and added to the final project sum.

DIG does not accept liability where deadline delays are caused by the Customer – for example in the supplying of essential content and/or sign off for work to continue.

Copyright
All source code, scripts, CSS and included files used within the Customer websites, remain the intellectual property of DIG and may not be copied and used by any other party without the consent of DIG until final payment for the contract has been received in full.
WORK PRODUCT LICENSE. Once work is fulfilled and paid for, DIG grants to the Customer and the Customer accepts a non-exclusive, non-sublicensable, perpetual, worldwide license to edit, or to hire others to edit, and publicly display the Work Product as the Customer sees fit.

Third-party licenced software, unique images, illustrations and photos leased, purchased or created by DIG for the Customer’s work shall remain the property, the intellectual property or creative property of DIG or the third-party company.

All Customer logo images, images unique to the Customer, i.e. of their premises, work force and their business, plus all written copy, belong to the Customer and are covered under its copyright. DIG will not reuse Customer written content or images without the express permission of the Customer.

Hourly Rate Charges
DIG will charge for services provided that are not included in any quotation or under the terms of clause (9), Hosting. The amount charged will be based on DIG standard hourly rate, unless a different hourly rate has otherwise been agreed in writing.

DIG will review and may increase their standard hourly rate on an annual basis. There will be a minimum charge of 15 minutes.

Hosting
DIG use high performance dedicated web servers hosted by first class HPC’s such as Fasthosts and Redstation.

DIG’s dedicated servers hosts all of its live sites, has unlimited bandwidth and anuptime performance of 99.99%.

DIG will quote a separate annual price for the hosting and associated technical support for customer websites.

DIG will use its best endeavours, in conjunction with the HPC, to rectify the cause of any disruption in the hosting service of the Customer’s website(s) and to minimise the duration of any such instances.

DIG will not be liable to the Customer for any compensation in respect of any down-time that may occur with the hosting of their website(s).

DIG will use its best endeavours, in conjunction with the HPC, to rectify the cause of any disruption in the hosting service of the Customer’s website(s) and to minimise the duration of any such instances.

DIG will not be liable to the Customer for any compensation in respect of any down-time that may occur with the hosting of their website(s).

DIG keep local daily backups of all customer test website files and SQL databases and in the unlikely event of a hard drive failure or other technical failure with the dedicated web server will restore the website as quickly as possible on a new or repaired web server.

All website files and databases used for the Customer websites are regularly backed up by Redstation and in the unlikely event of hard drive or other technical failure with the dedicated web server these will be restored and re-connected to customer website(s).

Regarding any images or download files uploaded to a customer’s website by the Customer, it is the responsibility of the customer to retain a copy of these on their local PC/LAN. In the unlikely event of hard drive failure or other technical failure with the dedicated web server, it will be the responsibility of the Customer to re-upload these files if they are not present in the backup files.

DIG utilise various backup processes on their dedicated servers for all website folders and files and may, therefore, be able to save customers the need to re-upload files. This is not guaranteed by DIG.

Should the Customer wish to move their website to an alternative web server or provider, then DIG will cooperate fully, subject to all outstanding amounts being paid in full. DIG reserves the right to charge a fee based on the time and materials required to enable the transfer, and will estimate if required.

Our high-performance dedicated web servers hosted by first class HPCs such as Fasthosts and Redstation are not available to customer websites that are linked to a shared SQL Server database. In this situation, the Customer can pay for their website data to be exported to a standalone SQL Server database, which can then be relocated.

If the Customer requires assistance with remedying a situation with their website that is not a technical fault caused by DIG or the HPC, the time expended by DIG will be charged to the Customer.

DIG will invoice for Hosting on an annual basis, monthly in advance. Invoices will be raised approximately 5 days prior to the commencement date.

Email
If required, DIG will set up the customer’s email within the hosting of a live site and charge a fixed amount for doing this.

DIG will investigate any problems reported by the Customer with their email. If the problem is due to an error by DIG then no charge will be made to the Customer. If the problem is not due to an error by DIG then the Customer will be charged DIG Hourly Rate Charges.

If required, DIG can recommend an IT consultant who can investigate any IT-related problems on behalf of DIG for the Customer, should the Customer require IT support. DIG will agree on the hourly rate of this with the Customer and if accepted, provide the IT consultant with the Customer’s contact details and invoice the charge to the Customer once work is complete.

Website Services
DIG will offer to the Customer third-party services such as those offered by Google to enhance the performance of their websites. DIG may include in quotations the setup and maintenance of such third-party services. DIG will not be liable to the Customer for any interruption, non-performance, or cancellation of the provision by third parties of any such services.

Search Engines
DIG will design websites to perform well with search engines of Google and Bing and will recommend additional optimisation techniques to the Customer should they wish to achieve high rankings.

DIG accepts no responsibility or liability to the Customer for the rankings achieved or how such rankings may vary over time if the Customer chooses not to request or undertake additional optimisation work.

Invoicing & Payment
DIG standard payment term is 7 days from the date of invoice.

DIG will specify within estimates or quotes how a project will be invoiced. Large projects may be split into a number of monthly interim invoices plus a final invoice on completion.

Performance
DIG will ensure that the specification quoted to the Customer works as intended for a maximum period of 6 months. Should the Customer report that some part of the specification is not functioning correctly, DIG will investigate this and take corrective action at no expense to the Customer.

For correcting performance actions after 6 months up to the end of the first year, DIG reserves the right to investigate the issue and apply a charge if the problem could not have been foreseen, the Customer will be charged DIG Hourly Rate Charges if the work required takes 0 to 15 minutes.

After one year, DIG recommends a full review is carried out on the Customer’s project after which any updates and upgrades can be proposed to the Customer with estimations of cost.

Should the Customer report an issue that is related to a matter that falls outside of the project specification, DIG will investigate this, email the Customer a report, and, if appropriate, a price to carry out the extra work involved to resolve the issue.

Damages
DIG does have any liability to the Customer for the performance of a website, database or any other entity/service developed/set up for the client by anyone other than DIG.

Termination
Should the Customer not pay an invoice within 14 days of the due date, i.e. within 21 days of the date of the invoice, then DIG has the right to suspend all further works for that Customer until payment is made in full.

Should the Customer not pay a hosting subscription invoice within 14 days of the due date, i.e. 21 days after the invoice date, DIG reserves the right to suspend any website hosting until the invoice is paid in full.

Should the Customer become insolvent or go into liquidation, DIG has the right to immediately terminate the contract with the Customer and invoice for the full value of project works carried out to that date, plus suspend any email or hosting services.

Should the Customer “frustrate” the progress of a project contract with DIG then DIG will be entitled to give 14 days’ written notice to the customer of the contract being terminated. If the customer does not satisfactorily remedy the cause(s) of the frustration, within the 14-day notice period, then DIG will have the right to terminate the contract. DIG will invoice the Customer for the full value of works carried out to-date.