Our business philosophy is to provide
a great service to our clients, and to be honest and professional
in every aspect of our business.
For this reason we place our trading terms and conditions where
everyone can see them. It is implicit that all clients have
read and agreed to the terms & conditions for any work undertaken
by Image Website Design.
We
take a pride in our customer service standards which are very
important to us.
We will deal with all enquiries promptly, and we aim to exceed
our customers expectations.
We
will constantly update our terms and conditions to ensure that
these are relevant, and to ensure that we can provide the best
possible service.
Your contract
Your contract with us is binding, and you enter into a two-part
agreement. The first part is for the design of the website,
and the second part is a separate 2 year hosting and support
contract (hereinafter called hosting). The contract commences
with the client instruction form, and payment of the initial
deposit. The deposit is non-refundable.
Once you have agreed to or signed your client instruction form
the charges for the hosting agreement become payable.
Your first hosting invoice (£20.00/qtr) will be due for
payment by the end of the 3rd month after the original contract
date. Further invoices will be issued every quarter. We will
usually send invoices 28 days before the due date. Alternatively,
payment can be made by standing order at the reduced rate of
£12.50 per quarter.
If at any time the hosting payments fall into arrears, we reserve
the right to suspend the website, and full payment of fees to
the end of the 2 year period will become payable.
Change
to Terms & Conditions - 01/04/2008
Payment
by cheque - effective 1st July 2008
We
regret that after 1st July 2008 we will no longer be able
to accept payment by cheque (except by special arrangement)
for payment of invoices.
As a provider of online facilities it is appropriate for us
to promote online payment. Payment
can be made by debit or credit card using our secure online
payment facility at www.imagewebsitedesign.co.uk/payments.
Hosting
& Support invoicing - effective 1st July 2007
We regret that due to the additional time required to monitor
invoice payments, we will no longer be able to continue quarterly
invoicing - with the exception of clients who pay by quarterly
standing order.
All clients will be offered the option to pay hosting, and other
charges, by quarterly standing order - these charges will continue
to be charged in arrears.
Clients choosing not to pay by standing order will be invoiced
for hosting, and other charges, annually in advance. From 1st
July 2007, initial invoices will be raised to the end of the
next annual hosting anniversary.
Invoices
and quotations
All invoices will be based on a quotation which has been agreed
by Image Website Design, and our client.
Quotations are valid for 30 days, and are based on our advertised
charges - we reserve the right to increase rates in the future.
The quotation is subject to amendment if you later request alterations,
or require extra work.
The invoice for the initial Website Design work will be based
on the quotation.
> A £100 deposit will be payable at the
time of placing the order.
> 50% of the quotation cost (less the deposit)
will be due 28 days after
the quotation date.
> The invoice for the remaining balance (50%)
will be issued on completion of the work, or on the target completion
date, whichever is the earlier. Completion of the work is the
date when all content supplied by the client has been converted
into webpages. The website will be available for public viewing
on the Internet on payment of this invoice. Payment
by cash is treated as immediate payment. Payment by other means
(e.g. cheque) is treated as received when the payment has been
processed through our bank account.
Non-hosted
website work
Our
general terms and conditions relate to work on websites hosted
by Image Website Design (which applies to the majority of our
clients).
Where we undertake work for any client who has their website
hosted elsewhere then our payment terms are as follows:
An
estimate will be provided in advance of any work being undertaken.
Once the estimate has been agreed in principal, an invoice
will be produced prior to work commencing. Payment of this
invoice will be required (via online payment) before work
commences.
The client will be kept informed of progress, and any variations
to the original estimate. An adjustment invoice will be produced,
and payment will be required (via online payment) prior to
uploading of any completed work.
Client
responsibilities
A
good website is created from good communication. The website
will become your image to the outside world, and will communicate
your ideas to potential, and existing, customers & clients.
It is important that you communicate your ideas to us clearly,
concisely, and in a timely manner. It is important that you
proof-read each WebPage as it is completed.
The target completion date is a mutually agreed date for completion
of the website. As we approach the target completion date (typically
within 5 weeks) our time will usually be allocated to your website
(where appropriate we will advise you of a mutually agreed schedule
that allocates time when we will be creating your website).
It is important that you ensure that you devote some of your
time to the project to produce initial information, review progress,
and thus ensure that the project proceeds unimpeded. In the
event that we are prevented from progressing with the creation
of the website because we are waiting on responses from you,
we reserve the right to impose a daily 'waiting charge' of £50/day.
Cancellation
policy (website design)
1) In the event that a client accepts a quotation/estimate,
and within 7 days decides not to proceed with the website design,
then a cancellation/consultation charge of £150 will be
incurred (provided that work has not yet commenced on the website
design). This charge covers consultation time/fees and web hosting
setup costs.
2) In the event that a client cancels after 7 days, or if work
has commenced on the website design, the full cost of the quotation
is payable (although this is subject to pro-rata adjustment
dependant on how much of the website has been completed) plus
the cost of the 2 year hosting package.
Curtailment
of a website design agreement
It is usual for us to be able to complete a website within
a reasonable amount of time after a client accepts a quotation.
If the client is unable to provide information to enable us
to complete the website within a reasonable amount of time,
then we reserve the right to impose the following charges.
1) Where work is in progress, the invoice
for the Website Design work (based on the quotation) will be
issued on completion of the work, or on the target completion
date, whichever is the earlier.
In addition,
a)In
the event that a client accepts a quotation/estimate, and within
6 months has not provided sufficient information to commence
work on the website, then a curtailment/consultation
charge of £150 will be incurred (provided that work has
not yet commenced on the website design, or only minimal work
has been instigated). This charge covers consultation time/fees
and web hosting setup costs.
b) In the event that a client accepts a quotation/estimate,
and within 6 months has not provided sufficient information
to complete work on the website,
then the full cost of the quotation will be invoiced, and is
due for immediate payment, (although this may be subject to
pro-rata adjustment dependant on how much of the website has
been completed) plus the cost of the 2 year hosting package.
In the event that a curtailment invoice is issued then we reserve
the right to issue a new quotation before proceeding with further
work on the website. Payment received against curtailment invoices
may be taken into account against future invoices
but the decision of Image Website Design on this matter will
be final.
Non-payment,
or late-payment of accounts
Our business is to provide Website Design and Hosting facilities
to other small businesses.
We are a small company, and do not have a team of administrators
to chase unpaid invoices. We are not able to withstand delays
to payments, and do not have time to chase for late payments.
Our low charges to you are only possible if we can maintain
a balanced cash-flow.
All invoices and accounts issued by us are due for immediate
payment, unless otherwise agreed in writing.
We
reserve the right
1) to make administration charges for any overdue
accounts, and an administration charge of £10 will automatically
be levied for each reminder letter, where an account is in arrears.
2) to demand full and immediate payment of fees to
the end of the 2 year contract period.
3) to suspend a website if the hosting account, or
any invoice due to Image Website Design, is in arrears.
4) to make an additional daily charge, for any accounts not
settled on time, equivalent to 10% above Bank of England Base
Rate.
5) to take legal proceedings through the courts to
recover any unpaid debts, and to recover out-of-pocket expenses
incurred through these proceedings.
In the event that a website is suspended due to non-payment
of invoices we reserve the right to:
A)
decline to provide further hosting services.
B) charge a reactivation fee equivalent to one years hosting
charges - payable before the website is reactivated.
Domain
name, email, and hosting
We will usually only register .co.uk domain names, unless you
specifically request a different domain name suffix.
The domain name registration period for .co.uk domains runs
for two years from the date of registration. After this time
period has lapsed, the domain name registration will be renewed
upon receipt of payment of renewal fees. The current cost of
renewal is £25. We will usually send an invoice for domain
name renewal approximately 4 weeks prior to the renewal date,
and will request payment 2 weeks prior to the renewal date to
ensure that domain renewal is a smooth & seamless process.
Failure to make renewal payment on time may mean that the domain
name registration is not renewed.
Other charges and renewal periods apply to other types of domain
name.
All domains that we register are registered in our name, and
are administered by Image Website Design.
Until we receive confirmation of registration we cannot guarantee
that the domain name requested will be available for registration.
By requesting us to register a domain name our client is responsible
for ensuring that its use, and the way in which it is used (directly
or indirectly), does not infringe the legal rights of any third
party.
It is our policy to provide managed websites for our clients,
which means that we design, host, upload, and maintain the website
for you - and also provide email facilities.
The only username and password we issue is for accessing the
email account. We will provide internet access to the email
via webmail, and will supply the information necessary for you
to access the email via a program (e.g. Outlook) on your computer.
E-commerce
solutions
Where requested, we will create and design your website incorporating
your e-commerce solutions. Most low cost e-commerce solutions
will involve the use of PayPal, and Image Website Design recommends
that you (our client) are conversant with PayPal's Terms &
Conditions before choosing to use PayPal. The
client has full responsibility for investigating the advantages
and disadvantages of PayPal as opposed to any other merchant
provider, and to establish the suitability of PayPal for their
needs. Where PayPal is the chosen merchant provider the client
is responsible for establishing a suitable PayPal account and
supplying details of this account to Image Website Design. Your
decision to use PayPal on your website is made based on information
available to you (our client) supplied by PayPal, and is not
influenced by Image Website Design.
Search
engine submissions
We will submit your website to a number of search engines (typically
in excess of 40 search engines & directories). However it
can take many weeks for your website to appear in the search
results - this is normal. We cannot guarantee top level rankings
for your website, although we will use our knowledge and experience
to gain the best results possible. If you are interested in
further promoting your business and your website we recommend
that you continue to use traditional advertising methods, and
that you also research modern methods of advertising - e.g.
Google Adwords (http://www.google.com/adwords/learningcenter/)
Unlimited
use policy
We offer an effective unlimited use policy by using hosting
facilities from a world-wide provider. In rare cases, if a customer
uses server resources to such an extent that he or she may jeopardise
server performance and resources for other customers, we reserve
the right to suspend or terminate the hosting facility (this
is an extremely rare occurrence).
Improper
content
We will not knowingly permit the use of any illegal or inappropriate
material in a website designed or hosted by us, and will only
create websites in the English language.
Illegal Material - This includes (but is not restricted
to) copyrighted works, commercial audio, video, or music files,
and any material in violation of any Federal, State or Local
regulation.
Inappropriate Material - This includes (but is not restricted
to) all Adult Content including pornography, or otherwise lewd
or obscene content.
Copyright,
Trademarks, and Company Names, etc
We will usually place a copyright statement at the bottom of
each webpage. To avoid any confusion, you the client are the
publisher of the website and own the copyright for all content
published in your website, and we the designer are acting on
your instructions in adding content to your website.
By asking us to add material into your website you acknowledge
that you have copyright of that material, or permission to use
the material.
It is the clients responsibility to fully research their company
name, and any content, logos, or trademarks, etc., used in the
website.
The client also agrees as part of our terms and conditions to
absolve & indemnify Image Website Design of any liability
in the use of any such content in the clients website, and to
assume full responsibility for any violations and legal actions
which may arise at any time in the future.
Hosting,
third party adverts, & hyperlinks
In the event that you already have a domain name and/or hosting
arrangement, we will tailor the hosting arrangements to suit
your needs. In some cases this will mean leaving the hosting
with another hosting company. Our hosting and ongoing support
charges will still remain and will cover the support aspect
relating to third party hosting.
By agreeing to accept the terms and conditions for Image Website
Design you agree to also accept any applicable terms and conditions
of our hosting provider which can be viewed at www.streamline.net/tac.php.
A copyright statement will be discreetly
placed at the bottom of each web page plus a hyperlink to our
contact details. We never place any third-party adverts on any
websites without your permission. You will see the final version
of your website, as it will appear on the Internet.
We may choose to list (or de-list) your website in our portfolio
showcase, together with a background summary of the client instructions,
and also to place a hyperlink on our website to link to your
website. This can have positive benefits for your website since
it increases the link pattern which can improve recognition
and rankings. If you prefer not to be shown in the portfolio
showcase you may inform us by e-mail.
Amendments,
updates, and alterations to the website
When we design your website, we hope that it will be the start
of a long-term acquaintance, and we do not walk away when the
design work is finished. For a period of 30 days we will make
any alterations, and corrections, free of charge. In rare occasions
we may make alterations to your website without informing you
- these would only be minor background changes which would not
affect the material content of the website (e.g. changes to
the HTML code to make the website work better).
We will help you to improve or alter your website at any time
in the future. Usually the least expensive way to look at alterations
is by paying our hourly rate.
All changes to the website must be actioned through Image Website
Design. We cannot be liable for any changes which you make to
the website (which could result in accidental corruption of
the source files) - for this reason we do not issue FTP details.
If you wish to make
alterations to the website without using Image Website Design,
then it will be necessary for you to set up independent
hosting arrangements and upload the source files to your new
hosting environment - our only stipulation is that the initial
2 year hosting contract must be paid in full, before the source
files are released to you on CD.
Legislative
requirements
Image Website Design endeavour to comply with all legislative
requirements including Health & Safety at Work, Data Protection,
etc., and would not knowingly evade any legal business requirements.
Where appropriate, and particularly where there is an interaction
in the relationship with a client, we expect our clients to
comply with the legislative requirements for their businesses.
Our
service
We will provide you with a first-class
service to produce your website, but we cannot be held liable
for events, or their consequences, outside our control e.g.
the hosting package is provided by a third-party.
This guarantees that all our clients are treated consistently,
efficiently, and fairly. However, we will endeavour to sort
out any problems promptly, should they occur.
Complaints
In the unlikely event that you should have cause for complaint
please contact Robert Walton by phone on 0870 803 4686, or in
writing at Image Website Design, 26 The Pheasantry, Alloa, Clackmannanshire,
FK10 1PH, or by email to Robert@imagewebsitedesign.co.uk
Being a small business we strive to develop a rapport with our
clients, and it is unlikely that a situation will develop where
you feel it necessary to complain - however our policy is to
ensure that all complaints are dealt with quickly and we aim
to ensure that our clients feel that they have received good
service at all times.
In the unlikely event that we are unable to provide a satisfactory
response to your complaint then we would welcome the intervention
of a mutually acceptable independent mediator or other third
party able to provide professional impartial advice, after being
given 7 days notice of such involvement.
Limit
of liability
The content of your website is your responsibility and Image
Website Design are not liable for any claims made against you
arising from the content of your website.
Image Website Design can accept no liability for websites hosted
outside our control - i.e. our liability ceases if we cease
to arrange the hosting of your website.
Unless otherwise expressly detailed to the contrary, our liability
is limited to the confines and stipulations as defined in our
professional indemnity policy.
To adhere to these conditions we
do not knowingly undertake work on any websites that are *live
trading or mission critical systems; *application service provision;
*games development; or have *similar strategic importance, or
where failure of a website could result in *loss of
life or injury to a person; *destruction or damage to physical
property; or *cause significant financial loss.
If you believe that your website will fall into the category
of being of "strategic importance" then it is the
clients responsibility to inform Image Website Design of this
fact.
Transferring
(or cancelling) your webhosting
You may cancel your webhosting contract, or transfer to a different
hosting supplier at any time, provided your account is fully-paid
up to the end of the hosting contract. We hope that you won't
have any need to move away from us, and that you would discuss
any concerns with us before looking for alternative hosting
arrangements. If at any time in the future you should choose
not to renew your contract with us, please tell us why ....
we would like to know.
Image Website Design reserve the right not to renew, or to terminate,
hosting at our discretion giving no less than 7 days notice.
Privacy
policy, and confidentiality
To communicate with you, and to provide content in your website,
we require your name, address, phone number, e-mail address,
etc.. We use this information to design and build your website
and, to contact you.
If
we need to contact you, we will contact you via e-mail or telephone
first, and will write to you if e-mail or telephone are unsuccessful.
Any
information provided by you will be used for Image Website Design
purposes only.
However, Image Website Design will display your contact information
on your website. It is your decision to decide whether all information
is displayed on your website, or if some contact details are
omitted. It is your responsibility to proof-read the webcontent
to ensure that correct and pertinent details are displayed.
Your information will not be shared with individuals or other
companies (such as direct mail organisations or other third
parties) unless required by law.
We
do our best to maintain the accuracy of any personal information
you do supply to us. You can help us update and maintain the
accuracy of any personal information you supply by informing
us of any changes to your name, address, e-mail address, telephone
numbers, etc..
Webspace
Rental
Some of the terms and conditions do not apply to the Webspace
Rental package - particularly any reference to the 2 year term
in the hosting and support contract, and references to the the
initial website design.
If you are in any doubt about what terms & conditions are
applicable to the Webspace Rental package, please contact us
(by e-mail,
or use our contact-form).
VAT
We are a small company, with a small turnover. We are not registered
for VAT.
Any
reference to "we" or "us" or "our"
refers to Image Website Design.
Any reference to "you" or "your" refers
to our Client.
We
reserve the right to change these terms and conditions at any
time in the future to meet the requirements of current business
practices & legislation. The Terms and Conditions applicable
at any particular time will be displayed on the website. Please
ensure that you refer to the website if you have any queries
concerning current Terms & Conditions.
our
terms and conditions
