36 Moorgate Crofts Business Centre
Registered Number 6877954 England
VAT Registration Number 970305729
All prices quoted will be subject to VAT and are valid for 30 days from the date of quotation.
The information in our e-mails are sent in confidence for the addressee only and may be legally privileged. Unauthorised recipients must preserve this confidentiality and should please advise the sender immediately of the error in transmission. If you are not the intended recipient, any disclosure, copying, distribution or any action taken in reliance on its content is prohibited and may be unlawful. IDEA Design and Marketing Ltd accepts no responsibility for any loss or damage resulting directly or indirectly from the use of this e-mail or its contents.
Estimated Project Costs
The costs of a design project will be estimated in advance. If however, a client requires multiple amendments and revisions there will be additional costs and these will be based on our hourly studio rates which are available on request.
Projects and Cancellation
If IDEA Design and Marketing Ltd are given permission to start a project, it will be subject to our studio hourly rate of £60 plus vat. Any projects that are cancelled at any point during which concepts or artwork have been produced will still be subject to charge at our hourly rate and will be invoiced.
Work in Progress
At the end of each month work in progress will be invoiced on the basis of studio time incurred during that month.
The client’s verbal/written approval is final. In granting approval the client assumes full responsibility for the accuracy of all images, text, graphics and measurements prior to publication. In the unlikely event that an error is discovered post-publication, the associated remedial costs if required, are borne by the client.
1) Account customers: Invoices are paid strictly on 30 days from date of invoice.
2) Non-account: Prepayment or payment upon delivery.
3) Payments that are not paid within 30 days of the invoice date will be subject to a late fee of £20 + vat for each week that the payment is not cleared down.
All designs, visuals, images and concepts remain the property of IDEA UK Design and Marketing Ltd until the full balance of the invoice is received and cleared by the Bank.
The customer owns the right to the use completed product(s) as quoted for by IDEA Design and Marketing Ltd. Any files, documents, stock images, retouched graphics, sounds, photographs, animation and concept remain the intellectual property of IDEA Design and Marketing Ltd.
Exclusive Intellectual Property Rights can be bought outright and are subject to separate negotiation, should a client wish to acquire the original artwork files. If the aforementioned is used without the express permission of IDEA Design and Marketing Ltd they would be in breach of ‘Copyright, Designs and Patents Act 1988’ IDEA Design and Marketing Ltd retains rights to display the artwork and images in their portfolio as evidence of ability.
Website Design and Build Terms & Conditions
Our Intellectual Copyright:
We will hold the intellectual copyright of any material, including any source code and original images created for the client until payment of the final invoice. It will then become the property of the client. IDEA Design and Marketing Ltd retain rights to display the artwork and images in their portfolio as evidence or ability.
Clients Responsibilities relating to Copyright:
In situations where the client provides images, text and animations for their website, then they are legally responsible for ensuring that this material does not infringe any copyright.
Certain images provided by us in the construction of the website may have been purchased under licence from stock image suppliers. These images are generally only licensed for use on a single website and may not be used in publicity material unless otherwise agreed.
Website Hosting and Domain Registration:
Your website will be hosted on a third-party server and identified by a URL which will require registration. There are annual fees attached to this service which will be invoiced and must be paid in advance by the client. If you do not keep up with payments for hosting and domain registration you will lose the service and your website will be taken down by the host and ultimately be irretrievably deleted.
Limitation of liability/indemnification:
Neither party will be liable to the other for special, indirect or consequential damages incurred or suffered by the other arising as a result of or related to the performance of our work, whether in contract or otherwise, even if the other has been advised of the possibility of such loss or damages.
Our total liability under these conditions with respect to the work, regardless of cause or theory of recovery, will not exceed the total amount of fees paid by the client to us for this individual project.
Search Engine Promotion:
We are not by default responsible for the client’s on-going website promotion. If the client requires the site to be promoted on an ongoing basis a separate contract must be agreed. The order in which websites are ranked in the search results is controlled by the search engines.
Search engines frequently change their retrieval methods and you accept that we cannot be held responsible for future rankings under this contract.
Should the client wish to cancel a project at any point during the process they shall remain liable for the work that has taken place and shall be invoiced accordingly.
The price quoted to the client is for the work agreed on the quotation only. Should the client decide that new features are required after work on the website commences, then we will accept these changes with the provision that additional charges may have to be negotiated and accepted by the client before the additional work can be done.
Point of contact and third parties:
The principal points of contact for all matters relating to the project must be specified at the start of the project. We reserve the right to charge additional fees to cover our time if a third party is brought into the project after the start or the point of contact(s) are changed leading to a change in specification/design from that agreed with the original point of contact.
We require a deposit of 50% on all projects. Work will not commence on a project until this has been paid and this contract has been signed, agreement via email will be classed as a valid acceptance of work to commence. Websites will need immediate payment on completion and are not subject to 30-day credit terms. The website will be made live on the final remaining payment.
Depending on the size of the project, we may ask for interim payments at key stages which are agreed in advance.
Payment is currently accepted via Bank Transfer, cheque (please allow time for the money to clear) or cash.
The remaining balance on a full site build project must be paid in full before we put a site live on our servers or before we release a site to external hosting. The only exception for this is if we have agreed on a staged payment plan in which case the first payment under the plan must be made by the client before the site is made live.
If payments fall into arrears on an agreed payment plan, then we reserve the right to suspend the website until the payments are brought up to date. An admin fee of £20 is charged for each missed payment.
The website is provided to and accepted by the client as a fully functioning, completed work. By agreeing for the site to go ‘live’, the client is accepting that they have checked and are fully satisfied with the site.
Any future structural or design changes to the site may require the issuing of a new quotation.
Compliance with E-commerce, Accessibility or Other Regulations:
We design websites in accordance with the client’s specifications. It is the client’s responsibility to ensure that the website and its content comply with current regulations. We cannot accept responsibility for any failure to comply with regulations related to accessibility, selling online or regulations related to a specific business or trade. We recommend that where compliance related to any website or business is complex it may be necessary for the client to take legal advice.
We support the three most current versions of the major browsers including Firefox, Chrome and Safari. We do not support Internet Explorer below version 9 as part of this contract.
We endeavour to ensure that your site adapts to the screen resolution being used to view it on the most common mobile devices available at the time of the site creation. However, new devices and technology are introduced at frequent intervals and we cannot guarantee the site will always function perfectly on new devices that are created and launched after the site goes live.
If the site is to be hosted externally, then the client accepts that we have no control over the server performance, security or backup policies on that server and the client agrees that we have no responsibility or requirement to compensate for any loss of revenue or damage to reputation caused by poor performance, malicious behaviour on the website, downtime or data loss as a result of the client’s external hosting platform and backup strategy.
If we are required to repair or restore a site on external hosting, then additional fees will be payable. From time to time website may need to be moved to and from servers to maintain the efficiency of your website, this is done to allow your website to run on the latest hardware, this is a mandatory situation and would require our time to make the changes to your hosting account which will be charged at our hourly rate of £60 plus vat.
These terms are governed by English law and are subject to the jurisdiction of the English Courts.
Should we waive any of these terms on an individual basis, this shall not affect the validity of remaining clauses or commit us to waive the same clause of any other occasion. By agreeing to these terms your statutory rights are not affected.
By default we will provide up to three email accounts for the website owner with 1GB of storage space each, storage and number of email accounts can be increased at a further cost. Login credentials for the email setup will be supplied along with a unique password, it is the owner’s responsibility to set up their email client of choice correctly to avoid issues with sending and receiving emails. Please note: IDEA Design and Marketing Ltd cannot be held responsible for any issues regarding the incorrect setup of your email accounts and any issues relating to your network. If technical support is required this will be subject to our hourly rate of £60 plus vat.