Terms and Conditions
1. Definitions:
1.1 The Client : The company or individual requesting the services of idesigncompany
1.2 idesigncompany: Primary designer/site owner & employees or affiliates.
2. General
2.1 idesigncompany will carry out work only where an agreement/order form is provided either by email, telephone, post or on our webform.
2.2 idesigncompany will carry out work only for clients who are 18 years of age or above.
2.3 An ‘order’ is deemed to be a written or verbal contract between idesigncompany and the client, this includes telephone and email, posted and webform agreements.
3. Website Design
3.1 Whilst every endeavor will be made to ensure that the website and any scripts or programs are free of errors, idesigncompany cannot accept responsibility for any losses incurred due to malfunction, the website or any part of it.
3.2 The website, graphics and any programming code remain the property of idesigncompany until all outstanding accounts are paid in full.
3.3 Any scripts, cgi applications, php scripts, or software (unless specifically agreed) written by idesigncompany remain the copyright of idesign and may only be commercially reproduced or resold with the permission of idesigncompany.
3.4 idesigncompany cannot take responsibility for any copyright infringements caused by materials submitted by the client or used by the client in the future on their website.
3.5 We reserve the right to refuse any material of a copyrighted nature unless adequate proof is given of permission to use such material.
3.6 Any coding additions to website briefs provided will be carried out at the discretion of idesigncompany and may carry an additional cost. Where no charge is made by idesigncompany for such additions, idesigncompany 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.
3.7 The client agrees to make available as soon as is reasonably possible to idesigncompany all materials required to complete the site or make any monthly changes that the client requires the agreed standard and within the set deadline.
3.8 idesigncompany will not be liable for costs incurred, compensation or loss of earnings due to the failure to meet agreed deadlines.
4. Client Websites
4.1 idesigncompany 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. eg. Any disputes re content/images that have been provided to us for inclusion on the site.
4.2 idesigncompany 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.
4.3 idesigncompany 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.
4.4 In no event shall idesigncompany be liable for any direct, indirect, consequential, special and exemplary damages, or any damages whatsoever, stemming from the use or performance of a client website or from any information, products and services provided through client sites, even if this website has been advised of the possibility of such damages.
4.5 In the absence of any negligence or other breach of duty by us, your use of our client websites is entirely at your own risk.
4.6 If we are in breach of the arrangements under this agreement, we will not be responsible for any losses that you suffer as a result.
4.7 We do not have any liability of any sort (including liability for negligence) for the acts or omissions of providers of telecommunication services or for faults in
or failures of their networks and equipment.
5. The Design Completion
5.1 Once a website order has been placed the website will take up to 3 days to setup.
5.2 Once the website has been designed and completed we will contact you to view the website, the full balance of payment is then due in accordance with our payment terms. There are no exceptions to this.
5.3 Once full payment is received for a website it will then be put on the internet and it is assumed that the project has been completed to the clients satisfaction and no refunds can be offered.
5.4 We do offer free updates for a month after completion to allow for any final amendments that may be required, however after the first month has expired all amendments will carry an additional charge,
5.5 If you chosen idesigncompany hosting and mainanience package, changes can be made once a month free of charge.
6. Database, Application and E-Commerce Development
6.1 idesigncompany cannot take responsibility for any losses incurred by the use of any software created for the client.
6.2 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.
6.3 Any scripts, applications or software (unless specifically agreed) written by idesigncompany remain the copyright of idesigncompany and may only be commercially reproduced or resold with the permission of idesigncompany.
6.4 Where applications or sites are developed for servers not recommended by idesigncompany, 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.
6.5 Where large applications are to be developed, it is the clients responsibility to provide a suitable testing environment which is identical to the final production environment.
6.6 The client is expected to test fully any application or programming relating to a site developed by idesigncompany before being made generally available for use. 6.7 Where “bugs”, errors or other issues are found after the site is live, idesign will endeavor (but is not obliged to) to correct these issues to meet the standards of function outlined in the brief
7. Compatibility
7.1 idesigncompany will endeavor 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 and to an acceptable level with Mozilla browsers, such as Firefox.
7.2 idesigncompany can offer no guarantees of correct function with all browser software as they constantly change.
8. Website Hosting
8.1 Whilst idesigncompany is the web host or recommends other hosting companies to host websites, no guarantees can be made as to the availability or interruption of this service by idesigncompany and 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.
8.2 idesigncompany 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 hosting service should the necessity arise.
9. Website Optimisation
9.1 Due to external factors, such as changes to the way search engines rank websites, we cannot offer any guarantees regarding the position we will achieve for websites. 9.2 The process of optimizing websites itself will bring in more traffic and hits and you’ll see visits increase to your site naturally.
9.3 We cannot accept liablility for any change in rankings, or drop off in the position of your website due to changes in the algorithms of the search engines or the factors that they use to rank websites.
10 Payment of Accounts
10.1 Once the website has been designed, the client will be contacted to view.
10.2 The invoice must be paid in full, no later than 30 days from the date of invoice, after this time idesign will assume the website is no longer required and disguard it.
10.3 Once full payment for the initial set up is recieved, the website will be put on to the internet.
10.4 The monthly payment contract for the web hosting must be in place before the website oes on to the internet.
10.5 Once you have entered in to the hosting contract you are required to pay the monthly payment in full on the set date, with the first payment due 1 month after completion.
10.6 We will contact clients via email and telephone to remind them of such payments if they are not received when due.
10.7 If monthly accounts are not settled and paid in full on the set up payment date and idesigncompany have not been contacted regarding the delay, access to the related website may be denied and web pages removed.
10.8 Following consistent non payment of invoices idesigncompany may terminate the hosting service which will result in the website access denied.
10.9 Any unsettled accounts in such cases may be taken 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.
10.10 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.
11. Your Privacy
11.1 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.
12. Complaints Procedure
12.1 Informal procedure, anyone who experiences a problem with their web service provided by idesigncompany should raise the matter directly using our online contact form to do so, giving sufficient information to locate the material (such as an url) and clearly outlining the grounds for complaint.
idesigncompany will approach the individual responsible for the material in question with a view to resolving the matter to the satisfaction of the complainant.
12.2 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.
12.3 A formal complaint should be made in writing to idesigncompany, who will acknowledge receipt and ensure that the matter is looked into as soon as possible.
12.4 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.