1.0 – Emails
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.
1.1 – Estimated Project Costs
The costs of a design project will be estimated in advance. However, if a client requires multiple amendments, revisions or makes changes to the originally agreed specifications, there will be additional costs and these will be based on our hourly studio rates which are available on request.
1.2 – 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 available on request. Any projects that are cancelled at any point during which concepts or artwork have been produced, will still be subject to our hourly rate and will be invoiced accordingly.
1.3 – Work in Progress
At the end of each month, work in progress will be invoiced based on the studio time incurred during that month.
1.4 – Payment
1) Account customers: Invoices are paid strictly on 30 days from date of invoice.
2) Non-account customers: Please see Advanced Payments section below.
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.
1.5 – Advance Payments
Agreement to start a project by either written or verbal instruction, will be classed as a valid acceptance of work to commence. We will generate an invoice based on the client’s verbal or written acceptance for work to commence. Any invoices that are not paid will be subject to legal action to recover any debts.
1.6 – Interim Payments
Depending on the size of the project, we may ask for interim payments at key stages which will typically be agreed in advance.
1.7 – Artwork Approval
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.
1.8 – Copyright
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. IDEA UK Design and Marketing Ltd retains the rights to use and display the created work to promote our business and services indefinitely.
1.9 – Ownership Rights
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, concepts and editable artwork files remain the intellectual property of IDEA Design and Marketing Ltd or third parties.
Exclusive Intellectual Property Rights can be bought outright and are subject to separate negotiations, should a client wish to acquire the original editable 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 the rights to display the artwork and images in their portfolio as evidence of ability.
2.0 – Out of Hours Support
During holiday periods the IDEA Design office will be closed. Any website/technical issues that require urgent attention during these times will be subject to an out of hours rate of £95 plus vat per hour and will be invoiced when the office re-opens. If you require any support during the holiday period, please contact our office number 01709 331 291.
Website Design and Build Terms & Conditions
2.1 – 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.
2.2 – 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 existing 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.
2.3 – 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 hosting provider and ultimately be irretrievably deleted.
2.4 – 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.
2.5 – 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 solely by the search engines.
Search engines frequently change their retrieval methods and algorithms, you accept that we cannot be held responsible for future rankings under this contract.
2.6 – Cancellation
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.
2.7 – Quotations
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 completed.
2.8 – 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.
2.9 – Advance Payments
Agreement via email, telephone or verbally will be classed as a valid acceptance of work to commence on your project. We require a deposit of at least 50% on all projects and we will NOT commence work until the deposit has been paid. Websites will need immediate payment on completion or 30 days from the website build start date, whichever comes first. The website will only be made live once the payment is made in full.
3.0 – Payment terms
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 administration fee of £20.00 plus vat is charged for each missed payment.
3.1 – Future work
The website is provided to and accepted by the client as a fully functioning, completed website. By agreeing for the site to go ‘live’, the client is accepting that they have checked and are fully satisfied with the website and have checked all content for copyright.
Any future structural or design changes to the site may require the issuing of a new quotation. Any issues that arise after the website has gone live will be subject to our hourly rate if the client requests that IDEA Design and Marketing Ltd is to resolve the problem/s and there is no maintenance contract in place.
3.2 – 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.
3.3 – Browser Compatibility
We cannot guarantee that the website will display correctly on all web browsers.
3.4 – Mobile Devices
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 website goes live.
3.5 – Web Hosting
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 available on request.
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.
3.6 – Email Hosting
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. The incorrect use of your login credentials could prevent you from accessing your emails and website, due to built in malicious server protection. IDEA Design and Marketing Ltd cannot be held responsible for incorrect login details being used by the client. If technical support is required this will be subject to our hourly rate available on request.