Terms for Web Design & Hosting - (01/01/10)
All services provided by ITS GUI Web Media to the Customer are subject to the following terms and conditions:-
A copy of these terms and conditions must be signed by all new customers at the time of submission of work to ITS GUI Web Media, indicating agreement to and acceptance of these Terms and Conditions
Charges for services to be provided by ITS GUI Web Media are defined in the project quotation that the Customer receives via post or e-mail. All Web site design services require an advance payment of a minimum of fifty (50) percent of the project quotation total before the work is supplied to the Customer for review. The remaining fifty (50) percent of the project quotation total will be due upon completion of the work.
Payment for services is due by cheque payable to "Mr T.C. Eade" and sent to ITS GUI Web Media, 2 Broad Lane, Cottenham, Cambs CB24 8AJ.
- Customer Review
ITS GUI Web Media will provide the Customer with an opportunity to review the appearance and content of the Web site during the design and once they are completed. At the completion of the project, such materials will be deemed to be accepted and approved unless the Customer notifies ITS GUI Web Media otherwise within ten (10) days of the date the materials are made available to the Customer.
- Turnaround Time
ITS GUI Web Media will install and publicly post or supply the Customer's Web site by the date specified in the project proposal, or if no such date is specified, within 30 days of the date initial payment is received from the Customer, unless a delay is specifically requested by the Customer. Note that if the site includes database work then the timescale will be longer and specified in the project proposal.
Invoices will be provided by ITS GUI Web Media upon completion of the work for Web Design and any associated services. Invoices are normally sent via post/email; however, the Customer may elect to receive hard copy invoices. Invoices are due upon receipt. Accounts that remain unpaid fourteen (14) days after the date of the invoice will be assessed a service charge in the amount of the higher of eight percent (8%) above the current Bank of England base rate or a compensation entitlement of £40 per month of the total amount due. Note that the amount will be compounded and will be at the discretion of ITS GUI Web Media.
Accounts unpaid thirty (30) days after the date of invoice will be considered in default. If the Customer in default maintains any information or files on ITS GUI Web Media's Web space, ITS GUI Web Media will, at its discretion, remove all such material from its web space. ITS GUI Web Media is not responsible for any loss of data incurred due to the removal of the service. Removal of such material does not relieve the Customer of the obligation to pay any outstanding charges assessed to the Customer's account. Cheques returned for insufficient funds will be assessed a return charge of £50 and the Customer's account will immediately be considered to be in default until full payment is received. Customers with accounts in default agree to pay ITS GUI Web Media reasonable expenses, including legal fees and costs for collection by third-party agencies, incurred by ITS GUI Web Media in enforcing these Terms and Conditions.
Termination of services by the Customer must be requested in a written notice and will be effective on receipt of such notice. E-mail or telephone requests for termination of services will not be honoured until and unless confirmed in writing. The Customer will be invoiced for design work completed to the date of first notice of cancellation for payment in full within thirty (30) days.
The Customer retains the copyright to data, files and graphic logos provided by the Customer, and grants ITS GUI Web Media the rights to publish and use such material. The Customer must obtain permission and rights to use any information or files that are copyrighted by a third party. The Customer is further responsible for granting ITS GUI Web Media permission and rights for use of the same and agrees to indemnify and hold harmless ITS GUI Web Media from any and all claims resulting from the Customer's negligence or inability to obtain proper copyright permissions. A contract for Web site design and/or placement shall be regarded as a guarantee by the Customer to ITS GUI Web Media that all such permissions and authorities have been obtained. Evidence of permissions and authorities may be requested.
- Standard Media Delivery
Unless otherwise specified in the project quotation, this Agreement assumes that any text will be provided by the Customer in electronic format (ASCII text files, Word documents delivered on CD or via e-mail or FTP) and that all photographs and other graphics will be provided physically in high quality print suitable for scanning or electronically in .gif, .jpeg, .png or .epsformat. Although every reasonable attempt shall be made by ITS GUI Web Media to return to the Customer any images or printed material provided for use in creation of the Customer's Web site, such return cannot be guaranteed. If the site requires additional images that have to be sourced by ITS GUI Web Media a charge will be made of £5 per image unless agreed before in the project quotation. If Flash Macromedia design is required then this will be at a premium, to cover the time consuming development of embedded video. The cost for this will be outlined in the Project Quotation Letter.
- Design Credit
A link to ITS GUI Web Media will appear in either small type or by a small graphic at the bottom of the web page of the Customer's Web site. If a graphic is used, it will be designed to fit in with the overall site design.
- Access Requirements
If the Customer's Web site is to be installed on a third-party server, ITS GUI Web Media must be granted temporary read/write access to the Customer's storage directories, and those directories must be accessible via FTP. Depending on the specific nature of the project, other resources might also need to be configured on the server.
- Post-Placement Alterations
ITS GUI Web Media cannot accept responsibility for any alterations caused by a third party occurring to the Customer's pages once installed. Such alterations include, but are not limited to additions, modifications or deletions.
These Terms and Conditions supersede all previous representations, understandings or agreements. The Customer's signature below or payment of an advance fee constitutes agreement to and acceptance of these Terms and Conditions.
The client always owns the site during any work carried out by ITS GUI Web Media.
- Governing Law
This Agreement shall be governed by English Law.
Hosting, Maintenance and Domain Names
- Suppliers Responsibilities
ITS GUI Web Media is responsible for providing Web space, Email facilities, Technical Support to existing Customer's and Domain Name Registration where applicable. Costs for this service will be outlined in the project quotation letter, meeting or via email as discussed with the Customer.
- Domain Name Registration
Costs of domain name registration will depend on the type of domain name ordered and the number of years the name is required. Costs will be quoted in the project quotation letter, meeting or via email as discussed with the Customer.
- Web Site Maintenance
ITS GUI Web Media will maintain a Customers Web Site at a cost outlined in the project quotation letter, meeting or via email as discussed with the Customer
ITS GUI Web Media will not be responsible for any client PC receiving a pc virus, trojan or any type of malware sent by email or any other means. We encourage our clients to install the appropriate Firewall and Antivirus protection and to backup their own computers in case of failure or corruption.
ITS GUI Web Media Signature:
Please print off and return a copy of this signed and dated page to ITS GUI Web Media, 2 Broad Lane, Cottenham, Cambs, CB24 8AJ