[Terms & Conditions]
As used herein and throughout these terms and conditions and any agreement formed.
1.1 Agreement means the entire content of these general Terms and Conditions, any Proposal document(s) produced to form the basis of any business to business contract to engage in provision of service between i10 Web Design and the Client, together with any other Supplements designated below.
1.2 Form here on in We or Us refers to or on behalf of i10 Web Design and You or on behalf of, refers to the Client.
1.3 Client Content means all materials, information, photography, writings and other creative content provided by you for use in the preparation of and/or incorporation in the Deliverables.
1.4 Deliverables means the service and work produced specified in the Proposal to be delivered by us to you, in the form and media specified in the Proposal.
1.5 Final Deliverables means the final versions of Deliverables provided by us and accepted by you.
1.6 Preliminary Works means all artwork including, but not limited to, concepts, sketches, visual presentations, or other alternate or preliminary designs and documents developed by us and which may or may not be shown and or delivered to you for consideration but do not form part of the Deliverables.
1.7 Project means the scope and purpose of the Client’s identified usage of the work product as described in the Proposal.
1.8 Services means all services and the work product to be provided to you by us as described and otherwise further defined in the Proposal.
1.9 Third Party Materials means proprietary third-party materials which are incorporated into the Final Deliverables, including without limitation stock photography or illustration.
1.10 Trademarks means trade names, words, symbols, designs, logos or other devices or designs used in the Final Deliverables to designate the origin or source of the goods or services of the Client.
2 DESIGN & DEVELOPMENT
2.1 Unless otherwise agreed, all websites designed by us will have a link to www.i10webdesign.uk on every webpage: Web Design: i10 Web Design (Or Similar)
2.2 The client’s approval for work to commence shall be deemed a contractual business to business agreement between you and us. By approving commencement of work and paying the advanced free indicated that the Client accepts the terms and conditions of herein.
2.3 All material supplied by you shall remain your property. In supplying material, the you are confirming that you have relevant copyrights to said materials and that we accepts no liability for any copyright laws that they may breech.
2.4 We shall retain the copyright to any material, including source code created for you by us until payment of the final invoice. At this time, it will become the property of the client.
2.5 We will provide free initial Search Engine Optimisation however no guarantee of success on ranking is made or implied as this is beyond our control.
2.6 Should you wish to cancel at any point during the process you shall remain liable for the work that has taken place and shall be invoiced accordingly. No refunds for any payments already made shall be given.
2.7 Travelling time to and from client premises is not included in any estimate. We reserve the right to make a charge for travelling time at our normal hourly rate.
2.8 Prices quoted are for the work agreed on the Proposal only. Should you wish for any changes be made, as the site is developed, then we will accept these changes subject to any agreed changes subject to both increase in timescale and cost.
2.9 An advanced payment of 50% of the total cost of the project is required before work can commence. Once work has commenced this is non-refundable.
2.10 Preferred payment method is by bank transfer in UK Pounds Sterling unless otherwise agreed. PayPal payments are also available with a 5% surcharge alternatively you can pay via cheque. If your cheque is returned by the bank as unpaid for any reason, you will be liable for a “returned cheque” charge of £25.
2.11 All payments made are acknowledgement and agreement to these terms and conditions. Amounts for services indicated on invoices are non-negotiable or refundable after payment has been received. Payment of any balance will be due within 28 days of final invoice date. Full publication of any web pages may only take place after full payment has been received unless otherwise agreed. Any material published prior to full payment taking place may be removed if payment is not received. We reserve the right to apply a minimum administration charge of £25 to restore a website for reasons of non-payment.
2.12 We will endeavour to protect your website from malicious software, spyware, viruses and hacking as much as possible during creation however we does not take any liability for ongoing problems once the site has been handed over to you.
2.13 You acknowledge that you shall be responsible for performing the following in a reasonable and timely manner:coordination of any decision-making with parties other than us;
(a) provision of Client Content in a form suitable for reproduction or incorporation into the Deliverables without further preparation, unless otherwise expressly provided in the Proposal; and
(b) final proofreading and in the event that you have approved Deliverables but errors, such as, by way of example but not limited to, typographic errors or misspellings, remain in the finished product, you shall incur the cost of correcting such errors.
(c) changes to content after submission to us by you may also incur further costs if they fall outside of the number of pre-agreed revisions detailed in this proposal, or in written email communications from us to you. These changes may include but are not limited to, general text content, change of company name or suppliers, change of colours or layout after design sign-off has occurred, or any other change that differentiates the design in any way from the original, if sign-off has occurred.
- WEB HOSTING & EMAIL
3.1 We make no representation and give no warranty as to the accuracy or quality of information received by any person via the Server and we shall have no liability for any loss or damage to any data stored on the Server.
3.2 You shall effect and maintain backups of your own data and provide adequate insurance cover in respect of any loss or damage to data stored on the Server.
3.3 You represent, undertake and warrant to us that you will use the Web Site allocated to you only for lawful purposes. In particular, you represent, warrant and undertake to us that.
3.4.1 You will not use the Server in any manner which infringes any law or regulation or which infringes the rights of any third party, nor will you authorise or permit any other person to do so.
3.4.2 You will not post, link to or transmit:
(a) Any material which is unlawful, threatening, abusive, malicious, defamatory, obscene, pornographic, blasphemous, profane or otherwise objectionable in any way.
(b) Any material containing a virus or other hostile computer program.
(c) Any material which constitutes, or encourages the commission of, a criminal offence or which infringes any patent, trade mark, design right, copyright or any other intellectual property right or similar rights of any person which may subsist under the laws of any jurisdiction.
3.4.3 Any bulk e-mail send from our network must specifically only be send to recipients who have subscribed themselves into a double opt-in mailing list. All mailings will also include opt-out instructions. You will not however promote a site hosted on our network using unsolicited email or newsgroup postings.
3.4.4 You will not employ programs which consume excessive system resources, including but not limited to processor cycles and memory.
3.4.5 Any file you store on the Server will be reachable via a hyperlink from a page on your site.
3.5 We reserve the right to remove any material which we deem inappropriate from your web site without notice. We do not host Warez, illegal MP3’s or adult content not allowed under UK law.
3.6 You shall keep secure any identification, password and other confidential information relating to their account and shall notify us immediately of any known or suspected unauthorised use of their account or breach of security, including loss, theft or unauthorised disclosure of their password or other security information.
3.7 You shall observe the procedures which we may from time to time prescribe and shall make no use of the Server which is detrimental to our other customers.
3.8 You shall procure that all mail is sent in accordance with applicable legislation (including data protection legislation) and in a secure manner.
3.9 In the case of an individual User, you warrant that you are at least 18 years of age and if the User is a company, you warrant that the Services will not be used by anyone under the age of 18 years.
3.10 Any access to other networks connected to ours must comply with the rules appropriate for those other networks.
3.11 While we will use every reasonable endeavour to ensure the integrity and security of the Server, we do not guarantee that the Server will be free from unauthorised users or hackers and we shall be under no liability for non-receipt or misrouting of email or for any other failure of email.
3.12 If you are using our servers for sending mail (either by script or SMTP), you are liable for all consequences and costs incurred for misuse of this facility in the event that your account is abused and our servers are blacklisted on any SPAM databases.
3.13 In the event of an account being downgraded, we reserve the right to re-allocate the server that the account is located on.
3.14 You are responsible for all usage of your account. Any that you may be running on your account are your responsibility alone to keep up to date with the latest versions to ensure that your website does not become compromised. In the event that you have not taken reasonable efforts to ensure your site is secure and therefore the exploitation of your site then causes any impact on the normal running of a server then you will be liable for all costs involved for us in dealing with this matter.
3.15 If the Client does not renew the Services the hosting will expire and your site will no longer be live. Once hosting has expired, it will be possible to reinstate your website for a period of 30 days subject to these terms. After 60 days of non-payment your site will be permanently deleted.
4.1 We shall make all reasonable endeavours to ensure quality and continuity of service regarding server uptime. We shall not, in any event, be liable for interruptions of Service or down-time of the Server.
4.2 We reserve the right to suspend any service at any time and for any reason, without notice, but if such suspension lasts or is to last for more than 7 days you will be notified of the reason.
4.3 The Services provided to you hereunder and your account with us cannot be transferred or used by anyone other than you. No more than one log-in session under any one account may be used at any time by you. If you have multiple accounts, you are limited to one login session per system account at any time; user programs may be run only during log-in sessions. If your account is found to have been transferred to another party, or shows other activity in breach of this sub clause, we shall have the right to cancel the account and terminate the Services and/or this Agreement immediately.
5.1 All charges payable for hosting service shall be in accordance with the scale of charges and rates published from time to time by us on our web site and shall be due and payable in advance of our service provision. We reserve the right to change pricing at any time although all pricing is guaranteed for the period of pre-payment.
5.2 Payment is due each year following the date the Services were established until closure notice is given.
5.3 Without prejudice to our other rights and remedies under this Agreement, if any sum payable is not paid on or before the due date, we shall be entitled forthwith to suspend the provision of Services to you. All accounts will be deleted in 60 days after expiration of services.
6.1 We will not be responsible for any damages your business may suffer. We make no warranties of any kind, expressed, or implied for services we provide. We disclaim any warranty or merchantability or fitness for a particular purpose or service This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by us. We reserve the right to revise its terms & policies without notice at any time.
6.2 Force Majeure. We shall not be deemed in breach of this Agreement if we are unable to complete the Services or any portion thereof by reason of fire, earthquake, labour dispute, act of God or public enemy, death, illness or incapacity of us or any local, state, national or international law, governmental order or regulation or any other event beyond our control (collectively, “Force Majeure Event”). Upon the occurrence of any Force Majeure Event, we shall give notice to you of its inability to perform or of delay in completing the Services and shall propose revisions to the schedule for completion of the Services.
6.3 If you fail to pay any sums due to us as they fall due, we may suspend the Services and/or terminate any Agreement forthwith without notice to you.
6.3.1 If you break any of these terms and conditions we may suspend the Services and/or terminate any Agreement forthwith without notice to you.
6.3.2 No refunds will be made for Services suspended in accordance with 6.2, 6.3, 6.3.1