Terms & Conditions

 

1.The ICUK service is operated by Innovative Consultancy UK limited whose registered office is Landford Manor, Stock Lane, Salisbury, SP5 2EW - henceforth referred to as "ICUK".

 

2. These terms and conditions apply to the creation by ICUK of any website and associated hosting and maintenance services or creation of 'other multimedia solutions' (as defined below) for a client - henceforth referred to as the "Client".

 

3. These terms and conditions are intended to form a binding contract between ICUK and the Client, which should be interpreted only under English (UK) law. Nothing in the following clauses overrides any rights that the Client has in law, other than where it is agreed in law that this is allowable. When the client asks ICUK to undertake work, it is understood that they have read and agreed to the terms and conditions.

 

Website creation.

 

4. Upon receipt of confirmation of an order for an ICUK website, and an initial fee being paid with order, ICUK undertake to do the following:

If required, register (and pay for) a suitable website name such as yourbusiness.co.uk - which will be registered in the Client's name and for the Client's exclusive use with Nominet (the UK registration authority) or such other authority as is relevant. Please note that this forms a contract between the Client and (for example) Nominet. Nominet's terms are given on www.nominet.org.uk


Design and create in timely fashion a website with an appropriate navigation system. Websites will be designed such that they are suitable for display at screen resolutions 800 by 600 and 1024 by 768 (or equivalent) in Internet Explorer.


Incorporate into the website such text and pictures as are supplied in suitable form by the Client. It is the Client's responsibility to ensure that they have the necessary copyright to use any images which they supply for use on their website, and the Client indemnifies ICUK against any action resulting from any failure on their part in this matter. NOTE. Where pictures are supplied by ICUK for a website then the Client has non-exclusive use of these images which may not be used other than on the website.
Provide, if required, a standard end-user enquiry form that will allow website users to contact the email address nominated by the Client to ICUK.
Provide an initial hosting service so that the Client can view their draft site.


5. The ICUK logo and associated ICUK copyright notice must remain on designed site. If the client does not wish to display the ICUK logo and ICUK copyright notice a brand free charge of £95 will apply.

 

Website acceptance, ownership and cancellation

 

6. When ICUK believe that they have completed a satisfactory design for the Client's website, the Client will be shown the design and asked to approve it. If the Client approves the site, or does so after subsequent agreed changes, then the website will be deemed to be accepted. The site will only be put fully live on the internet under the Client's website name once Client acceptance has been received and the final agreed design payment has been made.

 

7. The date when the website is put fully live under the Client's website name is the 'go-live' date.

 

8. Ownership of the website remains with ICUK until Client acceptance has been received.

 

Website maintenance

 

9. Client MAINTAINING OWN WEBSITE. In this case the Client will be provided with logon details and password, using whichever software package they choose. No additional charges are made. Any page which has been amended directly by a Client becomes the Client's own responsibility including the provision of backups. ICUK will, at their sole discretion, offer reasonable assistance in resolving issues that arise.

 

10. ICUK MAINTAINING WEBSITE - MINOR EDITS. ICUK will, at no charge, make minor edits on request to an existing website created and hosted by ICUK. A minor edit is one of the following:

 

a change to or addition of a telephone/fax number, email address or postal address
a correction of a spelling mistake or other 'typo'.
a change to opening times or equivalent features.
a change to prices (limited to 20 products, thereafter chargeable)


11. ICUK MAINTAINING WEBSITE - MAJOR EDITS. If the Client requests changes to an existing website which fall outside of the 'minor edits' defined above, ICUK will be entitled to raise a pre-agreed charge on a per occasion basis (which covers all changes made at one time), to be paid in advance. ICUK reserve the right to judge whether the scope of such a potential edit has been exceeded and actually constitutes a major site redesign.

 

Website hosting

 

12. Clients should note that ICUK use several third party hosting services, and reserve the right to change the hosting service used at will so as to provide the most reliable and cost-effective service possible.

 

13. The annual hosting fee is designed to be suitable for typical small business use. It is not suitable for any site which makes heavy use of bandwidth through use of multimedia or otherwise, or which attracts a mass market audience. ICUK therefore reserves the right to immediately withdraw from, or renegotiate hosting services with, any Client whose use of bandwidth or storage space is deemed by ICUK as inappropriate to the basic ICUK hosting service.

 

14. ICUK does not allow its hosting facilities to be used for illegal, immoral or distasteful websites. The Client agrees that any content introduced to the site may be inspected by ICUK staff without hindrance and notes that hosting may be withdrawn without notice if such content is found.

 

15. Where ICUK host a domain name, email services are provided as follows unless otherwise agreed:

 

up to 5 POP email addresses;
email forwarding as required.
Other Multimedia Solutions

 

16. Where ICUK are asked to create 'other multimedia solutions' (for example, CD delivered multimedia) then a bespoke price will be agreed, with an advance payment of 40% of the production cost paid in advance, 40% on delivery of an agreed final version, and 20% two weeks thereafter.

 

17. The provisions made elsewhere in this document with regard to creation, maintenance, copyright, ownership and liabilities apply equally to 'other multimedia solutions', though interpreted so as to be relevant to the characteristics of 'other multimedia solutions'.

 

Limitations of liability

 

18. Where Clients use a third party product or service (e.g. Macromedia Contribute for website editing or PayPal/Worldpay for e-commerce) then their relationship is exclusively with the supplier of that product. Though ICUK may introduce these products and services, it is entirely up to the Client to inform themselves both as to benefits and risks and to correct usage.

 

19. The Client should note that the internet is operated by many companies not under ICUK control, and that it is therefore not possible for ICUK to guarantee quality of service beyond using reasonable endeavours to solve Client issues.

 

20. ICUK can in no circumstances be liable for any consequential loss on the part of the Client howsoever caused.

 

21. The ICUK liability to compensate any Client for any failure on its part shall be limited to 1.5 times the fees paid to ICUK by the Client during the previous 12 months in connection with the relevant ICUK service provided.

 

22. ICUK shall not be liable for any failure to register or renew any website name (domain name) as requested by the Client, or for any delay in so doing which results in the loss of the domain name. Clients are advised that registration is ultimately their responsibility and that they can check status of any domain name through www.nominet.org.uk or via www.joker.com as appropriate.

 

23. ICUK shall not be liable for the loss or delay of any email directed to or from an email address supplied under the ICUK service. Clients are advised that it is their responsibility to perform regular checks that their ICUK email is fully operational.

 

24. ICUK shall not be liable for breaks in service or availability of the Client's website, except insofar as it will extend the hosting period paid for proportionately to any such break in service.

 

25. ICUK shall not be liable for the misuse of data of any kind associated with the website and obtained in a fraudulent or illicit manner by third parties.

 

26 These terms constitute the entire agreement between ICUK and the Client, notwithstanding any previous agreement be it written or oral or in any other form. Heading are indicative only, and should not be used to further define any clause. Any variation to these terms are valid only if agreed in writing and signed by a Director of ICUK.

 

Fees and Charges

 

27 The Fee shall be payable within 14 days of the date of ICUK’s invoice.

 

28 The Fee shall be exclusive of value added tax for which the Customer shall be additionally liable and may be varied if the Customer's requirements change at any time during the performance of this Agreement.

 

29 If the Fee is not received by the due date, ICUK reserves the right to charge interest at the rate of 5% per 14 days that pass from the due date.

 

30 Travel expenses are charged at £0.28p per mile from SP5 2EW to clients premises and back to SP5 2EW. The distance will be calculated using maps.live.com 2008.

 

31 Technical Support is charged ar £32.50 per hour. Minimum charge £32.50.