Magento Development - Development Agency Specialising In Magento eCommerce
Last Updated: 1st March 2018

Please read our Terms and Condition of supply as they form our Service Level Agreement with our clients. This outlines the terms of our service level and agreement of business supply to Design17 clients and details our daily operation in servicing and supporting our clients.

Please also read the legal Terms and Conditions herein as they also form part of our service level agreement and detail the contractual responsibilities of all parties in full.

There shall be no variation of the terms included within our terms in this document or its appendices, no subtractions, substitutions, additions or amendments to the terms of this agreement are permitted unless it has been agreed mutually by both parties and evidenced by a signed document affecting such changes.

Communications with Design17

Key Communications via- Wunderlist - Task Management System

Wunderlist is our dedicated task management system and our main portal for both clients and developers to communicate and organise tasks relating to all projects.

Design17 client Management system is reliant on both developers and clients using Wunderlist as the prime form of communications. Each account is overseen by an experienced account manager, who manages our developer's workflows and ensures that each entry is linked to task to agreed and contracted tasks, milestones and agreed scopes of work, which form our agreement.

This online method of client management and communications allows us to retain the very best in expert technical support and deliver high-quality services to our clients at affordable price points as we do not operate on tap helpline services.

This Wunderlist system and allows us to track and manage our workflows cost efficiently and means we can continue to provide highly competitively priced services which meet our client’s needs. For this reason, all communications, tasks, and details of tasks or milestones must be processed through the Wunderlist system as this is monitored and linked to all contracts and associated invoicing.

Wunderlist accounts are specific to our client ID, your account manager, your developer, and the specific project. It is of paramount importance therefore that all communication relating to the project be conducted through your Wunderlist Account throughout the duration of a project.

Design17 offers a limited number of Silver and Gold Support Plans each year, for a select group of clients with ongoing development need offering peace of mind, on tap access, to a dedicated developer for emergency site outages.

Email Support

Clients are directed to Wunderlist first and foremost as the method of contact for checking updates and routinely communicating with developers on technical issues relating to the project.

Emergency Provision

Emails should only ever be used either for an emergency or if you are not receiving regular contact on Wunderlists or via our developers.

For clarity, each of our developers manages a designated group of client’s projects from start to completion. This means they work on different projects and or milestones on a task by task basis.

This is organised at account management level, in a time-efficient management system linked to tasks, milestones, and billing.

This may mean contact from our Design17 developer to our clients may appear sporadic at peak times in a project, as there are typically periods where developers may need to speak to you more often to progress a task or a project, for example when launching a new site etc.

This may be followed by periods of less or little direct contact with our developers who will revert to the Wunderlist system, as they move through other clients tasks, whilst still progressing yours.

Telephone Support

Design17 does not offer on tap telephone support or consultation unless it is expressly agreed in the working contract, or a client has the Silver or Gold service level cover within a Design17 Support Plan.

An exception to this is where there is an emergency outage of all other methods of communication.

Skype / Web conferencing / Video Calling

Design17 do not accept or offer Skype communications, nor do Design17 offer communication by way other web/VoIP services or video calling to clients.

Mobile Numbers

Design17 does not provide mobile or the personal numbers of the members of our development team. It is entirely at the sole discretion of Design17 team members to provide mobile contacts.

As such our developers are under no obligation to respond to unauthorized calls or communication outside of the specified Wunderlist communications platform.

Social Media

Design17 does not communicate via WhatsApp, Facebook, Instagram not any other chat application. Design17 do not communicate with clients through any other social media platforms in the interests of contractual confidentiality and data protection.

In some rare cases, we may specify an additional specific way of communicating which will be visible in the work contract.

Emergencies

If there is an emergency with the site/project please send an email clearly addressing stating Emergency in the email subject line and followed by a clear and brief summary of the nature of the problem.

Client Emergencies are dealt with promptly and in order according to the nature and urgency of the problem. Design17 developers are second to none and have an outstanding track record of providing a swift and effective response to fixes and getting our clients back on track with their business, whatever their needs and situation.

Technical Support – Wunderlist System

Technical support and consultation is priced and carried out strictly via our task management system. Wunderlist tasks are costed at our standard hourly rates.

Design17 reserves the right to only recognise work and communications entered and detailed on the Wunderlist System as an actionable item.

In short, if a client request is not raised through Wunderlist it will not be seen or actioned by our developers. Client requests should be entered into the notes section relating to the task.

All tasks detailed on the Wunderlist system can only be added by the Design17 team and are specific to and confined to each agreed Milestone.

Design17 teams are however able to quote for any additional support or work outside the scope of Milestone work or that is not relating to specific tasks should this arise during a project. Only upon Design17 agreement, and the supply of a quotation and clients acceptance, will any subsequent work outside agreed tasks, be added, carried out or undertaken by our teams.

Why maintaining our Wunderlist task management system is important?

  • Projects and their management stay organised
  • Both parties stay in sync with real time and updated detail
  • Tasks can be discussed on a task by task basis
  • Files can be uploaded to tasks which are required to be completed, giving everyone access to download the file
  • Clients can see what work has been done and what work is still outstanding
  • Clients can add/remove members to the task list
  • For new contracts of work and support plans, all support questions and tasks should initially be communicated via Wunderlist.

Routine technical support

Design17 does not normally bill Clients for routine technical support as this is forms part of our standard service.

Additional technical support supplied beyond this is, however, is linked to either the provision and rates of service detailed in our Quote and Client Contract or a client Bronze Silver, or Gold Support Package in place.

Beyond this, the provision of any additional technical support fixing sites is at Design17’s discretion. In general, the associated costs relating to problem-solving are linked to the severity of the issue, and the time invested to fix them. Where additional technical support is caused by another or third Party and linked to the source of the problem, technical phone support may be billable at our standard hourly rate.

If the client has a working contract in place with Design17, or the client support plan includes telephone support, all phone requests must be made via email giving at least 24 hours for a response. Design17 will respond with a suitable time for a call to suit both sides. *This does not apply to those who have instant telephone support included in a Silver or Gold support plan.

We do not accept calls outside of office hours unless agreed in a working contact or one our support plans. Any calls outside of office hours as such may be billable if design17 deems this as a none emergency call. However, those without telephone support included in either a support plan or the working contract should initially email to organise a suitable time to chat with a developer.

Timelines and deadlines

Timelines are contingent on the Client’s prompt responses and approval of concepts, edits, and any information needed to complete their project. Design17 Ltd cannot be held responsible for delays caused by non-responsive Clients nor content/data which is supplied incorrectly or not as the work has started.

Design17 Ltd cannot accept responsibility for any loss of earnings, due to delays on a project of work on a website being offline.

Payment Terms

Fees to Design17 Ltd are due and payable on the following schedule:

50% of the milestone work is non-refundable deposit is due upon the agreement of the contract as this allows our developers to start work, therefore, design17 requires this before any milestones of work commence.

The remaining 50% is due when a Milestone/or project and the contracted tasks are completed and are as set out in Design17 Ltd quotes.

If cancellations are made in the middle of a project, the Client will forfeit their deposit and will may also incur any additional agreed expenses notified to the clients, which may have arisen from that piece of work undertaken for example where design17 has incurred expenses to make purchase on behalf of clients for hosting or third-party goods, payment gateways, hosting etc. to support the work.

All payments of milestones must be received by Design17 in full before any work is released from design17 Ltd to the client.

All prices quoted and payments are agreed in GBP (UK sterling).

Design17 terms of payment against invoices are strictly within seven calendar days.

Any payments not received by its due date and when projects are completed may accrue interest at 1.5% per month. Design 17 will remain solely responsible for its own expenses.

Complaints and refunds

Complaints about any work completed should be raised as soon as possible and clients should provide detail of any complaint in writing within the 30 days. Design17 will report back to you within 30 days and aim to resolve matters during this period.

Industry & Third Party Developments

As digital requirements and standards associated with third-party software compatibility change continuously, we make every effort to ensure that all completed Design17 work is of a high standard and is bug-free etc, at the time of handover.

Design17 cannot guarantee that all of its work and outputs will always remain compatible and bug-free as third-party software and platforms continually develop and change over time. By way of an example where Microsoft, Google, or any other third party software/site/platform issues a new update in future years this may have an effect on the functionality of work produced at an earlier date.

On this basis, Design17 cannot guarantee the functionality of work where the work has been edited or changed, by a third party or after the time of the project handover.

Design17 does not offer refunds or repairs for issues or vulnerabilities disclosed in the future unless the issue was caused as a direct result of the work carried out by Design17.

For example, we cannot offer refunds for commissioned work being incompatible with future versions of required software, or newly discovered vulnerabilities in current software or platforms used, and that formed part of our agreement.

*Clients may, however, choose to purchase separate ongoing support packages to supplement the milestone work. With the purchase of an ongoing support package, Design17 shall define and agree on a level of support offered which may include future remedial repairs on functionality.

Additional Expenses

Clients agree to reimburse Design17 for any requested expenses which do not form part of our contracted proposal including but not limited to additional pages, purchase of third-party software, stock photographs, fonts, domain name registration, web hosting, SEO, data inputting, advertising services or any other comparable expenses. These extra add-ons should be paid as they occur promptly and upon request by Design17 Ltd.

Any change requests, tasks outside an agreement or contracted scope of work will be notified as such to clients in writing. Design17 is under no obligation to undertake any work outside the terms of the original agreement. Design17, however, may provide a quote upon request for any change requests at is discretion and for clients consideration. Clients should note that making frequent change requests, outside agreed scopes of work in task lists, slow down works and lead to delays as our developers will mark them as such on the Wunderlist system. For the avoidance of doubt, our first priority is to complete the agreed scope of work.

If any work developed by Design17 is damaged by a third party or client, Design17 is not liable to rectify the fault or damage or delays caused. Any services supplied fixing the third party caused damage, will be billed at our standard hourly rates unless otherwise agreed.

Further Contracts, Data & legal Considerations

Assignment of Project - Subcontracting

While Design and Build projects are managed as set out in our quotation by Design17 Ltd we reserve the right to assign any subcontractors or specialists to a piece of work, during the term of a project.

Design17 Ltd (and any subcontractors we engage) agree that we will not at any time disclose any of your confidential information to any third party.

While Design and Build projects are managed as set out in our quotation by Design17 Ltd we reserve the right to assign any subcontractors or specialists to a piece of work, during the term of a project.

Design17 Ltd (and any subcontractors we engage) agree that we will not at any time disclose any of your confidential information to any third party.

Backups & Data loss

You are responsible for maintaining your own backups with respect to your website and Design17 Ltd will not be liable for restoring any client data or client websites except to the extent that such data loss arises out of a negligent act or omission by Design17 Ltd.

Any restoration/repair to a website carried out arising from a negligent act or omission by the client will be billed at our standard rate.

UK eCommerce Laws

You are responsible for complying with all relevant laws relating to e-commerce, and to the full extent permitted by law will hold harmless, protect, and defend and indemnify Design17 and its subcontractors from any claim, penalty, tax, tariff loss or damage arising from your or your clients’ use of Internet electronic commerce.

UPrivacy Policy- Customer Data

Design17 Ltd respects our customers’ right to privacy. We work to keep all customer information private and will not disclose any information to third parties unless legally required to do, or at the request of you, our client.

No Design17 Ltd private information regarding on-going or completed work should be discussed with third parties.

Passwords, hosting credentials, logins and other sensitive information for Design17 servers are often provided to clients, this information not is supplied to external parties without consent from Design17 Ltd.

Any security breach on a Design17 Ltd web server as a result of a third party external party gaining access to your account with logins provided by a client could result in an instant terminate any account.

Cancellation Policy

Clients who cancel a contracted project at any point after the work commences will be liable for all work charges incurred up to the cancellation point. This includes the initial non-refundable deposit of 50% and all other costs, time and expenses incurred up until the date of cancellation.

Assignment of Project:

While projects are managed as set out in the quotation Design17 Ltd reserves the right to assign any subcontractors to any parts of the project during its duration.

Changes to the contract and Fees: Project revision/s during execution: Design17 Ltd fees includes 2 rounds of revisions, provided that any such revisions do not require work exceeding the Scope of Work as defined in this Agreement.

Design17 may decline or charge additionally for, any work that design17 reasonably deems to be beyond the Scope of the agreed Work. All Design17 Quotes, terms and supply is based strictly on client management and Communication being managed via the designated Wunderlist system.

Design17 may charge additional fees, in the event a client requests excessive changes reasonably deemed outside the original scope and project quotation. Additional fees will be charged at the hourly rates quoted within agreement and may only be altered solely at the discretion of Design17’s assigned project manager.

Legal & License: Design17 Ltd warrants that the functionality contained in this project will meet design17 Ltd requirements and that the operation will be reasonably error-free.

The risk as to the quality and performance of the project is with the client. In no event will design17 Ltd be liable to the client or any third party of the client, for any damages, including any lost profits, lost savings or other incidental, consequential or special damages arising out of the operation of or inability to operate the website, even if design17 Ltd has been advised of the possibility of such damages.

If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.

Copyrights and Trademarks a contracting client represents to Design17 Ltd and unconditionally guarantees that any elements furnished to design17 Ltd. for inclusion in the project are owned by the client, or that the client has permission from the rightful owner to use each of these elements, and will hold harmless, protect, and defend Design17 Ltd and its subcontractors from any claim or suit arising from the use of such elements furnished by the client.

Copyright to Project. Design17 Ltd guarantees that all aspects of design and construction of the project will be disclosed to the client upon completion, and full code, copyrights, and ownership will be the sole property of the client retain the right to display graphics and other design elements as examples of its work in its portfolio.

Sole Agreement. The agreement contained in this Contract constitutes the sole agreement between design17 Ltd and the client regarding this project. Any additional work not specified in this contract must be authorized by a written change order. All prices specified in a quote or contract will be honoured for three (3) months after both parties agreeing the contract. Continued services after that time will require a new agreement.

Initial Payment and Refund Policy: Client agreement begins with an initial payment of non refundable 50% for each project or milestone.

Clients who’s business needs change after commencement the of a project and contract and who wish to withdraw or cease works should notify Design17 of this at the very earliest opportunity, and in writing of such. Design17 may entirely at is sole discretion consider a partial refund in such cases where the client has issued notice of this within 5 days of contract commencement, where work has not begun and or whereupon Design17 has not incurred significant management or transaction fees and costs associated with the project. This will all be taken into account as key considerations.

Where a client requests a refund for work that has been completed beyond the amount covered by a payment, the client shall be liable to pay for all work completed at the hourly rate stated above incurred up until the point of notice and termination.

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