Terms & Conditions
The Client: The company or individual requesting the services of NCB Digital.
NCB Digital: primary designer / site owner & employees or affiliates.
1.1 NCB Digital will carry out work only where an agreement is provided either by email, telephone, mail or fax. NCB Digital will carry out work only for clients who are 18 years of age or above. An ‘order’ is deemed to be a written or verbal contract between NCB Digital and the client; this includes telephone and email agreements.
2. Financial Information
2.1 If you submit financial information to NCB Digital, we use that information primarily to verify your credit and collect payments for your purchases, orders, registrations etc. NCB Digital have a read and shred policy therefore we do not store credit card details nor do we share financial details with any 3rd parties. If a payment is refused we will contact the client to request the payment details again.
3. Customer Service Details
4. Price and Payment
4.1 The price of the services shall be that stipulated on the website. The price is exclusive of VAT.
4.2 The total purchase price, including VAT, if any, will be displayed in the buyer’s shopping cart prior to confirming the order.
4.3 After the order is received the supplier shall confirm by email the details, description and price for the services together with information on the right to cancel if the buyer is a consumer.
4.4 Payment of the price plus VAT, if applicable, must be made Within 7 days. Payment must be made without deduction or set-off.
4.5 Where applicable, if any payment is not paid on time or any payment is rejected or refused, the amount owing will be treated as overdue and the supplier will be entitled immediately to cease or suspend the provision of the relevant service until payment has been received.
4.6 Where applicable, the supplier shall be entitled to charge interest on overdue invoices from the date when payment becomes due from day to day until the date of payment at a rate of 5.00% per annum above the base rate of The Bank of England from time to time in force.
5. Website Design
5.1 Whilst every endeavour will be made to ensure that the website and any scripts or programs are free of errors, NCB Digital cannot accept responsibility for any losses incurred due to malfunction, the website or any part of it.
5.2 The website, graphics and any programming code remain the property of NCB Digital until all outstanding accounts are paid in full.
5.3 Any scripts, cgi applications, php scripts, or software (unless specifically agreed) written by NCB Digital remain the copyright of NCB Digital and may only be commercially reproduced or resold with the permission of NCB Digital.
5.4 NCB Digital cannot take responsibility for any copyright infringements caused by materials submitted by the client. We reserve the right to refuse any material of a copyrighted nature unless adequate proof is given of permission to use such material.
5.5 Any additions to briefs provided will be carried out at the discretion of NCB Digital and where no charge is made by NCB Digital for such additions, NCB Digital accept no responsibility to ensure such additions are error free and reserve the right to charge an according amount for any correction to these or further additions.
5.6 The client agrees to make available as soon as is reasonably possible to NCB Digital all materials required to complete the site to the agreed standard and within the set deadline or up to 6 months after payment is received.
5.7 NCB Digital will not be liable for costs incurred, compensation or loss of earnings due to the failure to meet agreed deadlines.
5.8 NCB Digital will not be liable or become involved in any disputes between the site owner and their clients and cannot be held responsible for any wrongdoing on the part of a site owner. e.g. Any disputes re content/images that have been provided to us for inclusion on the site.
5.9 NCB Digital will not be liable for any costs incurred, compensation or loss of earnings due to the work carried out on behalf of the client or any of the clients appointed agents.
5.10 NCB Digital will not be liable for any costs incurred, compensation or loss of earnings due to the unavailability of the site, its servers, software or any material provided by its agents.
5.11 A non-refundable deposit of 50% is required with all of our projects before any design work will be carried out.
5.12 Once a website has been designed and completed the final balance of payment is then due in accordance with our payment terms. There are no exceptions to this, i.e. If the client decides they no longer want the site, as they have commissioned the work and paid a deposit they are still obliged to pay for the work that has been done. Non-payment will result in legal action being taken if necessary. Once full payment is received for a website, it is assumed that the project has been completed to the client’s satisfaction and no refunds can be offered. We do offer free updates for a month after completion to allow for any final amendments that may be required.
6. Database and e-Commerce Development
6.1 NCB Digital cannot take responsibility for any losses incurred by the use of any software created for the client. Whilst every care has been taken to ensure products are problem free and accurate, the ultimate responsibility lies with the client in ensuring that all software is functioning correctly before use.
6.2 Any scripts, applications or software (unless specifically agreed) written by NCB Digital remain the copyright of NCB Digital and may only be commercially reproduced or resold with the permission of NCB Digital.
6.3 Where applications or sites are developed on servers not recommended by NCB Digital, the client is expected to provide or seek any information, additional software,support or co-operation pertaining to the server required in order for the application to be correctly developed. Where large applications are to be developed, it is the client’s responsibility to provide a suitable testing environment which is identical to the final production environment.
6.4 The client is expected to test fully any application or programming relating to a site developed by NCB Digital before being made generally available for use. Where “bugs”, errors or other issues are found after the site is live, NCB Digital will endeavour (but is not obliged to) to correct these issues to meet the standards of function outlined in the brief.
7.1 NCB Digital will endeavour to ensure that any developed/designed site or application will function correctly on the server it is initially installed in and that it will function correctly when viewed with the web browsing software Microsoft Internet Explorer Version 6 and to an acceptable level with Mozilla browsers. NCB Digital can offer no guarantees of correct function with all browser software.
8. Website Hosting + Domain Names
8.1 – Domain Transfers: Any domain name registered with or held by NCB Digital will incur a charge of £50 + vat transfer fee per domain, should you wish to transfer to another provider. Any email accounts associated with the domains being transferred will also be terminated and no website associated on the domain which NCB Digital held will be our responsibility.
8.2 Whilst NCB Digital recommends hosting companies to host websites, no guarantees can be made as to the availability or interruption of this service by NCB Digital cannot accept liability for losses caused by the unavailability, malfunction or interruption of this service, or for loss of turnover, sales, revenue, profits or indirect, consequential or special loss.
8.3 NCB Digital reserve the right to refuse to handle in any way, material which may be deemed offensive, illegal or in any way controversial, and also to terminate the free hosting service should the necessity arise.
8.4 NCB Digital cannot be held responsible for any errors, delays or omissions during the domain registration (or failure of registration) or during the period that the client holds the domain name. By registering the Domain Name on your behalf we do not investigate whether you are entitled to register or have any rights to the Domain Name.
8.5 NCB Digital are not the authorising body for your use of the Domain Name in the course of your business and therefore accept no liability current or future for any legal challenges made against you for the use of the Domain Name
9. Payment of Accounts
9.1 A deposit is required from any new client before any work is carried out. It is the NCB Digital policy that any outstanding accounts for work carried out by NCB Digital or its affiliates are required to be paid in full, no later than 14 days from the date of the invoice unless by prior arrangement with NCB Digital.
9.2 Once a deposit is paid and work completed you are obliged to pay the balance of payment in full. We will contact clients via email and telephone to remind them of such payments if they are not received when due.
9.3 If accounts are not settled or NCB Digital have not been contacted regarding the delay, access to the related website may be denied and web pages removed, we will then pass such cases to the Small Claims Court to pursue payment, non-payment can result in county court judgements (ccj’s) being added to the clients credit rating.
9.4 Following consistent non-payment of an invoice our Solicitors will contact the client in question, with a view to taking the matter further and if need be to seek payment through legal procedures, and if necessary court summons.
For direct debit information read section 13.
10. Your Privacy
10.1 We do not share or sell any of your details with third party companies, without your express permission and we will only email you or contact you about work related matters.
11. Informal Complaints Procedure
11.1 Anyone who experiences a problem with their web service provided by NCB Digital should raise the matter directly using our online contact form to do so, giving sufficient information to locate the material (such as a URL) and clearly outlining the grounds for complaint. Alternatively you can call us direct on: 01524 423832.
11.2 NCB Digital will approach the individual responsible for the material in question with a view to resolving the matter to the satisfaction of the complainant.
12. Formal Complains Procedure
12.1 The formal complaints procedure should only be used where the complainant feels that the nature of the complaint is too serious to be dealt with informally, or where a satisfactory conclusion has not been reached after following the informal procedure.
12.2 A formal complaint should be made in writing to NCB Digital, who will acknowledge receipt and ensure that the matter is looked into as soon as possible.
12.3 An initial response to any complaint can be expected within seven days of its receipt; a full and considered response to the complaint should be completed within 30 days and any subsequent remedy implemented with the minimum of delay.
13. Direct Debit Guarantee
13.1 This Guarantee is offered by all banks and building societies that accept instructions to pay Direct Debits.
13.2 If there are any changes to the amount, date or frequency of your Direct Debit Vodafone Limited will notify you 3 working days in advance of your account being debited or as otherwise agreed. If you request NCB Digital to collect a payment, confirmation of the amount and date will be given to you at the time of the request.
13.3 If an error is made in the payment of your Direct Debit by NCB Digital or your bank or building society you are entitled to a full and immediate refund of the amount paid from your bank or building society.
13.4 If you receive a refund you are not entitled to, you must pay it back when NCB Digital asks you to.
13.5 You can cancel a Direct Debit at any time by simply contacting your bank or building society. Written confirmation may be required. Please also notify us at the following address:
34 Northumberland Street,
Lancashire, LA4 4AY
We may, at any time, and at our sole discretion, modify these Terms and Conditions of Use, with or without notice to the User. Any such modification will be effective immediately upon public posting. Your continued use of our Service following any such modification constitutes your acceptance of these modified Terms.