Terms and Conditions
1. CONDITIONS OF CONTRACT
No condition or stipulations, which are attached to the customer’s proposal or contract, and which are inconsistent with these terms or which add to or modify them in any way, shall have any effect, unless expressly accepted in writing by a Partner of Identity Web Designs at the time of acknowledgement of each separate order. In the absence of such acceptance, the customer shall be deemed to have withdrawn or waived their conditions or stipulations and to contract solely on these terms.
All orders must be in writing.
A) After acceptance, orders shall not be subject to cancellation or alteration, except with the agreement of Identity Web Designs in writing and signed by an Identity Web Designs Partner.
B) Cancellation of orders for goods especially made to customer’s specifications cannot be accepted.
C) Cancellation or alteration charges will be applicable, to cover the cost of Identity Web Designs administration.
A) Agreed payment terms will be set out on the proposal or contract unless otherwise agreed in writing and signed by an Identity Web Designs Partner.
B) All invoices are to be paid within 30 days of issue.
C) If payment is not made in accordance with the agreed terms set out on the order form, Identity Web Designs reserves the right to charge the customer an additional £35.00 on top of their outstanding invoice every 5 working days after the payment due date.
D) Failure to make due payment for any product, under these terms, or any other contract between the customer and Identity Web Designs, shall entitle Identity Web Designs to delay, suspend, or cancel works in whole or in part at its option, or withdraw account facilities.
E) If account facilities are withdrawn, then all outstanding invoices will immediately fall due for payment, and a demand as such will be made at the time of withdrawal of these facilities.
F) No work will be undertaken until at least a 30% deposit is received. All print, print design, signage and similar products require a 100% upfront payment.
G) Customers who choose to make their own hosting arrangements must pay 100% payment upfront and check with Identity Web Designs that their chosen hosting package is compatible with Identity Web Designs’ software. Identity Web Designs will not be held responsible for any problems that are encountered due to hosting that has been arranged by the customer. If hosting has been arranged by the customer Identity Web Designs are not responsible for any further payments that may incur to upgrade or change the customer’s current hosting package.
A) All 12 month contracts expire 12 months after the date that an order was placed. This includes hosting, domain names, emails, Search Engine Optimisation (SEO), maintenance and other annual packages. If a customer wishes to stop using Identity Web Designs’ services after the agreed contract period it is their responsibility to cancel any standing orders, otherwise Identity Web Designs will continue to carry out the monthly work that was set out in the initial order. Identity Web Designs will not give any refunds to customers who have forgotten to cancel their standing orders.
B) Identity Web Designs have the right to cancel all services if the customer has not made a renewal payment within 30 days of the agreed renewal date. This includes the cancellation of domain names.
6. RETENTION OF TITLE
A) The property and title to the goods shall remain with Identity Web Designs, until such time as all sums owing for and in respect of the goods have been received from the customer by Identity Web Designs.
7. DESIGN /DATA
A) All content including designs and artwork remain the property of Identity Web Designs until they are paid for in full. We reserve the right to use design styles and methods in multiple applications and for a variety of usage unless stipulated in writing by an Identity Web Designs partner at the time of orders placed.
B) Some products provided by Identity Web Designs will contain materials, such as images, that have been purchased from third parties. Identity Web Designs purchase a licence to use these materials but does not own them and therefore once a customer has paid Identity Web Designs in full the customer does not have ownership of these materials.
C) Identity Web Designs will not put a website live until it has been paid for in full.
D) Some of Identity Web Designs services can be paid for on a monthly basis (including SEO). This is to be paid by standing order on the 1st of the month using the account details provided by Identity Web Designs. These services are based on a 6-12 month contract. All web related content including designs and artwork remain the property of Identity Web Designs until the full 12 months have been paid for in full. Until then, Identity Web Designs have the right to suspend the customer’s website and any other additional services.
E) Identity Web Designs should be made aware of sensitive data when the order is placed as Identity Web Designs cannot be held responsible for data theft or copying unless notified in advance.
F) Once a website has been completed and all payments due have cleared the website and all of its content is solely the responsibility of the customer. For example, if the website does not pass W3C standards Identity Web Designs will not be held responsible. Any content that goes against copyright and any other laws will also be the customer’s responsibility.
G) Identity Web Designs cannot be held responsible for any technical problems that affect the appearance and functionality of a website due to software upgrades. This also includes new additions of web browsers and other advances in technology. After we have received the full payment any changes to a website will incur an additional cost.
H) Identity Web Designs will only perform browser testing in Internet Explorer 8 and above, Firefox 4 and above, Safari 6 and above and Opera 11.61 and above.
I) Identity Web Designs will only test HTML emails in what they class to be the most popular email clients and cannot be held responsible for any differences in design from one email client to the next.
A) We shall use our best endeavours to provide you with general advice about our goods.
B) The responsibility for ensuring that goods are sufficient and suitable for your requirements is your sole responsibility.
9. LOSES / HACKING
A) While Identity Web Designs will use its best endeavours to meet any stated delivery dates, time shall not be the essence of the contract and Identity Web Designs shall not be liable for any loss or damage whatsoever, resulting directly or indirectly from late completion.
B) Identity Web Designs cannot be held responsible for any type of data or financial loss. This includes viruses, hacking and administrative errors. It is the responsibility of the customer to check for technical and visual errors on all websites. This includes ensuring that product and service descriptions as well as tax, delivery and other charges are correct. Identity Web Designs cannot be held responsible for any of the above errors.
C) Identity Web Designs cannot be held responsible for the loss or damage of files or data during the transfer of a website from an existing host. It is the customer’s responsibility to ensure that all files and data are backed-up.
D) Identity Web Design takes hacking / attacks / viruses and any type of malicious intent to customer’s websites very seriously. Identity Web Design cannot be held responsible for any type of loss during a hack / attack or there malicious intent and it is the customers responsibility to take measures to restore their website. During a malicious attack the website may be taken offline until it can be seen safe to be put back online.
A) All website packages include 12 months free hosting from the date an order is placed. After this 12 month period if you wish to continue having your hosting setup by Identity Web Designs you will be required to pay an annual fee. Identity Designs has the right to change this fee at any given time.
B) If customers opt for Identity Web Designs to setup hosting for your website, Identity Web Designs has the right to charge an additional fee if your website’s bandwidth or file space exceeds what Identity Web Designs considers reasonable.
C) You may be charged extra for email accounts, SQL databases and other add-on services and products.
D) Identity Web Designs cannot be held responsible for the failure of email setups on computer, phone or other electrical devices.
E) The project price will cover the agreed / proposed work that is detailed in the proposal, specification or quotation only. Should the client decide that further features or changes are required after work on the website commences that was not included within the original proposal, specification or quotation, then these changes can be accepted with the provision that additional charges may have to be negotiated or re-quoted for to cover the additional work.
11. SEO AND MAINTENANCE PACKAGES
A) If a customer signs-up for a 6-12 month SEO or maintenance packages it is their responsibility to cancel their standing order once the 6-12 month contract comes to an end. No refunds will be given if customers fail to cancel their standing order and they will automatically be moved onto a monthly contract.
B) Customers who have signed-up for a pay per month package, must ensure that a payment is made on or before the 20th of every month, unless another date has been agreed in writing by an Identity Web Designs Partner.
C) By agreeing to the contract/proposal SEO customers automatically give their permission for Identity Web Designs to put links on their website to other company websites. This is to aid the service that we offer.
D) By signing the order form SEO customers automatically agree to allow Identity Web Designs to give out their personal business details including contact name and contact details to other companies. This is to aid the service that we offer.
E) SEO customers will not be allowed to change their key phrases until the agreed contract period has come to an end.
F) Customers who are on a maintenance package agree to submit a request for work to be carried out to their website at least 48 working hours before they wish for the updates to be carried out.
G) Customers who sign up for a Pay Per Click SEO package are tied into a contract with Identity Web Designs for at least 3 months. Payment for these 1 month is required up-front upon order. If a customer wishes to continue their contract after the initial 3 months they agree to pay for 1 month’s Pay Per Click in advance to Identity Web Designs, these payments are non-refundable. Identity Web Designs will charge a customer an initial setup fee as well as a monthly agreed admin fee. Google AdWords campaign set up costs is a fixed price with a maximum AdWords daily budget of £65. If a customer requests any changes to the Pay Per Click campaign an additional admin fee will be charged. Customers who sign up for a Pay Per Click campaign are not guaranteed exposure on Google 100% of the time, as an advert may disappear for a number of reasons that are out of Identity Web Designs control such as a customer’s budget runs out.
H) For customers on any type of SEO package, Identity Web Designs do not guarantee what position on Google’s search results pages a customer’s website will appear.
I) All maintenance packages (unless otherwise agreed in writing by an Identity Web Designs partner) include up to 2 hours worth of website updates per month.
J) All maintenance and natural SEO packages do not allow for updates to be made to the layout and design of websites.
A) Identity Web Designs have a multiple reseller account with UK based hosting companies. Customers that sign-up for a hosting package with Identity Web Designs acknowledge that Identity Web Designs use a third party company for their hosting services.
B) Identity Web Designs’ standard web hosting comes with 2048MB of web space, 10Gb Monthly data transfer 2 My SQL databases. If customers exceed theses limits or require additional hosting services they will be charged accordingly.
C) Identity Web Designs have the right to charge a customer an additional fee if Identity Web Designs feel that the customer’s website is using up an excessive amount of bandwidth.
13. Payment of Fees
In order for IDENTITY WEB DESIGN to remain in business, payments must be made promptly. Invoices are due upon receipt. Delinquent bills will be assessed a £15.00 charge if payment is not received within 30 days of the due date. If an amount remains delinquent 30 days after its due date, an additional 10% penalty will be added for each month of delinquency. IDENTITY WEB DESIGN reserves the right to remove Web pages from viewing on the Internet until final payment is made. In case collection proves necessary, the CLIENT agrees to pay all fees incurred by that process.