Orchid Digital Media – Terms & Conditions

1. Introduction

These Terms & Conditions govern the provision of web development, software development, design, SEO, digital marketing, hosting, and related services by Orchid Digital Media (“we”, “our”, “us”) to clients (“Client”, “you”).

By engaging our services or using our website, you agree to these Terms.

2. Services

Orchid Digital Media provides customised digital solutions including but not limited to:

• Website design & development
• Custom software development
• E-commerce development
• SEO & digital marketing
• Branding & graphic design
• Hosting & maintenance services

All services are delivered according to the approved proposal, quotation, or written agreement.

Any work requested outside the agreed scope will be treated as additional work and may incur additional charges.

3. Client Responsibilities

The Client agrees to:

• Provide accurate and complete project requirements.
• Supply text, images, access credentials, and approvals in a timely manner.
• Ensure all provided materials comply with UK law and do not infringe third-party rights.
• Respond to feedback requests promptly.

Project delays caused by the Client may result in revised timelines and additional fees.

4. Payment Terms

• An initial deposit is required before commencement of work.
• Remaining payments are due according to agreed milestones.
• Final delivery, website transfer, or launch may be withheld until full payment is received.
• Late payments may incur statutory interest in accordance with the Late Payment of Commercial Debts (Interest) Act 1998.
• All fees are non-transferable unless agreed in writing.

5. Intellectual Property

Upon full payment, ownership of the final approved project is transferred to the Client.

Orchid Digital Media retains the right to display completed projects in its portfolio and marketing materials.

Third-party tools, plugins, APIs, themes, and licensed software remain subject to their respective provider terms.

Any unpaid work remains the property of Orchid Digital Media.

6. Revisions

• Revisions are limited to the number specified in the proposal.
• Additional revisions beyond the agreed scope will be billed separately.
• Major functional or structural changes after approval may require a revised quotation.

7. Hosting & Third-Party Services

Orchid Digital Media is not responsible for:

• Third-party hosting downtime
• Payment gateway outages
• Third-party plugin/theme conflicts
• Cybersecurity incidents beyond reasonable control
• Changes in third-party pricing or policies

Ongoing maintenance agreements are recommended.

8. Limitation of Liability

Services are provided with reasonable care and skill in accordance with the Supply of Goods and Services Act 1982 and the Consumer Rights Act 2015 (where applicable).

We do not guarantee specific commercial outcomes, revenue, rankings, or business performance.

Liability is limited to the total amount paid for the specific service.

We are not liable for indirect, incidental, or consequential losses, including loss of profit or data.

Nothing in these Terms excludes liability for death or personal injury caused by negligence or for fraud.

9. Termination

Either party may terminate the agreement in writing if the other materially breaches these Terms.

If the Client terminates after work has commenced:

• Deposits remain non-refundable.
• Payment is due for all completed work.
• Any third-party costs already incurred must be paid.

10. Governing Law & Jurisdiction

These Terms & Conditions shall be governed by and construed in accordance with the laws of England and Wales.

Any disputes shall be subject to the exclusive jurisdiction of the courts of England and Wales.