Definition of our terminology as used within this document:
- A ‘Project‘ is any work undertaken or service provided by Intellihosts for the client on their request and as described in our confirmation order email to that Client. This includes the body of work that is being undertaken, normally consisting of several connected parts, such as consultation, graphic design, website development and management, domain name registration and/or hosting.
- ‘You’ or ‘Client,’ is a person, persons, business or organisation using any of the services provided by Intellihosts.
- ‘We’, ‘us’ or ‘Company’, means Intellihosts.
- ‘Live Mode‘ means the date the website is available on the client’s chosen domain.
- ‘Domain‘ is the website address as specified by the client.
- ‘Open Source Software‘ is software made freely available to anyone under the GNU General Public License (GPL).
- ‘Hosting‘ is a yearly cost to keep a client’s website activated online.
- ‘Content‘ is both text and images that the client requires on the website.
- ‘MB‘ stands for megabytes and is a measure of storage space.
- The contract between Intellihosts and the client will be on these conditions, to the exclusion of all other terms and conditions. Any variations to these conditions shall have no effect unless agreed in writing.
- The works to be carried out shall be as set out in the Intellihosts invoice which can be found attached to the confirmation order email.
- A website will not launch until a standing order or BACS payment has been set up, unless special agreement has been reached in advance.
- Additional costs for extra features and/or additional design costs, not covered by our standard packages, will be agreed and invoiced before the website goes live. See www.intellihosts.com website for a list of charges.
- If the Client does not respond to the Company’s request to discuss or choose ongoing support options, the client will automatically be placed on what the company feels is the most appropriate support package.
- A small administration fee is payable for switching the client to another hosting provider.
- Hosting only clients will be charged at our normal hourly rate for any further changes or updates to their website.
- There may be an additional fee for any design changes requested after the initial agreed design has been signed off.
- The Company is not responsible for writing or inputting any text copy unless this has been specified by the client.
- If you are hosting the website elsewhere, the Company cannot guarantee that the website is fully compatible with all hosting provider’s server operating systems, especially any contact forms, Content Management Systems, database driven websites, etc.
- If the website is to be hosted elsewhere, then you will still pay the same monthly fee as agreed.
- The company do not offer any technical support for any other web site hosting company that you may choose (if you elect not to host the website with us).
- The company cannot guarantee that the functions contained within any web page (or part of your website design), will always be error free, and therefore the company will not be liable in any way whatsoever to you for any third party damages, including lost profits, lost savings, or other incidental, consequential or special damages arising out of the operation of or inability to operate this web site and any other web pages, even if you have advised us of the possibilities of such damages.
- If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. Just the same as a fine, you cannot transfer this contract to anyone else without our consent or permission.
- This contract remains in force and need not be renewed.
- Although the company have tried to keep this contract language simple, the intentions are serious, and the contract is a legal document under the exclusive jurisdiction of English Law and Courts.
- Changes to these Terms and Conditions:
Intellihosts Web Design reserves the right to add, delete, or modify any provision of these Terms and Conditions at any time without notice. Failure to receive notification of a change does not make those changes invalid. These Terms and Conditions will always be available to download or print from our website.
What do both parties agree to?
The Client agrees to:
- Provide the Company, within a reasonable timescale, everything that is requested from you to complete the Project including text, images and other information
- Provide the Company with text and images in the format as stated below (see photographs and images)
- Review the Company’s work, provide feedback, and signoff approval in a timely manner
- Make every effort to adhere to all agreed deadlines
- Adhere to the payment schedule laid out on our prices page found on our website, www.intellihosts.com, or agreed separately for bespoke work.
- Advise, in advance, of any confidential information to be presented by email, written, or verbally, between both parties. Also, for this to be marked as ‘confidential’ in the subject of the email, or clearly on any written documents.
- Provide a minimum of one month’s notice in writing, or by email, should you wish to cancel any contract.
Intellihosts agrees to:
- Carry out services in a professional and timely manner
- Make every effort to adhere to any deadlines agreed between us and you
- Make a reasonable number of revisions to the design, layout, colours, etc, until you are satisfied with the design concept or such time as both parties feel an agreement is likely to be reached but no more than 2 major revisions. Additional revisions or design work outside the scope of the project will be charged separately.
- Endeavour to complete requested website revisions or updates within 48 hours, wherever possible. Revision entitlement per month is dependant on your support package – see www.intellihosts.com/hostingandsupport.
- Maintain up to date skills and knowledge through regular training and research
- Contact you before the end of the first 12 month period, to discuss the various options open to you for continuing website maintenance and support and/or hosting
- The company will not be held liable for any missed launch date or deadline, if the Client has been late in supplying materials, or has not approved or signed off work on time, at any stage.
- The Company adheres to all national and EU data protection, data transfer, data retention, and confidentiality regulations, and always stores data sent to us in a secure manner within our security policy.
Legalities, Copyright and Intellectual Property
- Intellihosts shall expect the client to carry out sufficient research before proceeding with a website. This will include checking that the website/idea/business will operate legally. It is important that the website is not in any way illegal. Please ensure that any images or content you supply or use on your website is legally available for you to use. We cannot be held responsible for the illegal use of images, content or format of material supplied by the client. Intellihosts reserves the right to remove any website from its servers if it has reason to believe that it is operating illegally.
- Where images used on the website have been purchased by Intellihosts on behalf of the client, these images are restricted by license for use on the website only and are limited to 15 images per project. Intellihosts are not liable for misuse of these images by the client or any other person’s copying, altering or distributing the images to individuals or other organisations.
- Intellihosts makes no claims that the contents of this website may be lawfully viewed or downloaded outside England and Wales. Access to this website may not be legal by certain persons or in certain countries. If this website is accessed from outside of the United Kingdom, it is done at own risk and the visitor is responsible for compliance with the relevant laws of the visitor’s jurisdiction. The terms and conditions of this website are governed by the laws of England and Wales. Jurisdiction for any claims arising in respect of this website’s content shall lie exclusively with the courts of England. If any provision of these terms and conditions is found to be invalid by any Court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these terms and conditions, which shall remain in full force and effect.
After the initial 12 month period, copyright is automatically assigned as follows:
- The Client will own, or have express permission to use, the text files, images, graphics and any visual elements, video or sound bytes, that you may have sent to us to use in connection with the project.
- The company will maintain copies of all the files used in connection with your project and if you require a disc copy of all the files used in connection with your project, then the company will be happy to supply this to you. Copies of the website files are maintained by us for a reasonable time (usually at least one year), and if you are hosting with us, then files are maintained both locally and on external servers.
- The copyright to the markup, CSS files, other code that may have been used by us for you, or certain images that the company may have supplied to or for you are licensed to you in connection with this web design project, and will be licensed solely to the domain name on which the website files reside. If you own the domain name, then you own the copyright.
- At the bottom of the website page(s) after payment has been completed, usually it will say Copyright and the name of your business or company. The company do however reserve the right as the Company responsible for the design and/or development to place a small and unobtrusive link at the bottom of your website, thereby not hindering or distracting from your own website design. vi. As the design company, the company also reserves the right to display and link to your completed project as part of our portfolio, and to write about the project on other websites, in magazine or ezine articles, books, written or digital publications of any design and source. Please inform us in advance of the website going live if you DO NOT want us to add your site to our portfolio of work.
Paying for Your Project
- We charge for the design and development of websites at various stages. Before we start work, a 50% deposit of the total sum due is payable (the deposit). When the website’s design is approved by you and the home page is completed, a further 25% is due (design payment). The final 25% is payable when the website is complete and ready to ‘go-live’ (final payment) Your website will only be switched to ‘live’ mode when it has been paid for, in full. The initial deposit payment is non-refundable after Intellihosts has committed resource or completed research and/or design work on the client’s behalf.
- Intellihosts will charge 1.9% fee for all payments made using a credit or debit card. This fee is charged due to the costs incurred by Intellihosts for receiving such payments by our service provider. If this is not acceptable to the client, we also accept BACS and cheques as alternative payment methods, which will incur no payment fees. If paying by cheque, please understand that we will have to allow the cheque to clear the banking system before starting or continuing with your project.
- Intellihosts owns all design and code of the website until final payment has been received in full.
- Intellihosts has the right to charge the client up to 85% of the total web development costs, should the client cancel the website agreement after the design concepts have been agreed on but prior to the website going live. The scale of the charge will be dependent on what stage the project is at when the cancellation takes place.
- Once the site goes live, any early cancellation of your standing order during the first 12 months will be deemed a break in contract. In this case you would be liable for the balance of the contract to be paid with immediate effect plus a £10 administration fee. (The admin fee covers time taken to discover the cancellation, generating an invoice and posting.)
- Alterations to standing order mandates to reflect new or changed contracts are the sole responsibility of the client. Overpayments to the Company as a result of not updating a standing order mandate will not be reimbursed to the Client. Underpayments or missed payments, however, shall be backdated to the point at which the underpayment or missed payment was discovered and the Client shall be responsible for bringing their account up to date within a reasonable period of time.
- Contract lengths are normally 12 months unless agreed beforehand between the Client and the Company. The Company requires a minimum 30 days notice to cancel a support or hosting contract.
- Email is our primary method of contact with regard to all communication for your website’s design and development. We have website designers and developers working for us in various parts of the world – including USA, Canada, Philippines, as well as here in the UK. Email is obviously the most efficient and cost-effective form of contact. If you have any problems with the design or development of your website that your developer is unable to resolve by email, please contact your sales account manager. For geographical reasons, direct telephone contact with your assigned designer/developer maybe impractical.
- It is the client’s responsibility to inform us of any change in email address so we always have valid contact details. We cannot be held liable in any way for problems relating to communication issues if we are not supplied with a valid email address.
- It is important for the client to keep in contact with Intellihosts throughout the entire project. If a client does not make contact for more than 2 weeks, we will make up to 5 attempts to contact the client by email using the email address for the client held on file. If we do not receive a response to these attempts of contact the project may be terminated, and the deposit will not be refunded. If the client wishes to postpone the project for a period of longer than 2 weeks, please contact us – otherwise the project may be archived. We reserve the right to levy a £50 plus VAT administration fee if the client returns after an unapproved postponement period and wishes to continue work on their project.
Website Design and Development
- Design is subjective, and for this reason we offer “unlimited design revisions.” This means that we will continue to work with you on your design concept until you are happy with our proposal. The unlimited design revision period ends when the client accepts the design proposal and home page draft. Design changes beyond this point are subject to additional charges.
- Intellihosts will provide the client with an expected completion time frame for the project (live on the internet) if requested. Intellihosts will provide a client access to its “Project Cycle” documentation to ensure a client is fully aware of the responsibilities they have to ensure a successful and timely development.
- Open Source software (OSS) is publically available software that may be adapted or modified to suit particular applications. OSS may be used to help develop elements of the functionality of the client’s website to speed development and add functionality. Where Open Source software is used, the ownership of the site coding and any customisations made by the developer is still passed to the client upon final payment.
- All websites are developed to work primarily across all major browsers and platforms including other devices such as mobile phones and touchpads. However, the Company cannot guarantee complete and/or long term compatibility across every major browser, platform or handheld device due to updates/upgrades by their respective vendors.
- The Company cannot guarantee compatibility in old or redundant browser software.
Content Management Systems:
- All packages with the exception of our basic package (Start Up) will be developed using a Content Management System (CMS).
- In order to maintain compatability between clients, the company now uses the WordPress Platform exclusively as our CMS of choice. ECommerce stores use different management systems depending on the scale and complexity of the Project.
- However, in some instances, the company may build a bespoke solution, depending on the exact requirements of the Project.
- Any associated or additional fees, such as installation, setup, testing and introductory training pertaining to Content Management Systems or ECommerce Management Systems are covered within your chosen package.
Photographs and Images:
- Any images or photographs that you supply should be in digital format, usually no smaller than 1024×768 pixels, with a suitable resolution that will allow them to be resized and used on screen. Traditional paper photographs requiring scanning are acceptable, however, there may be additional costs incurred due to time spent scanning and retouching the images. This depends entirely on the project and the number of images involved.
- Any images that the company are asked to obtain from third party photographers or stock photography will be charged as an additional cost.
- The Client guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to the Company for inclusion in their website, or other design, are owned by the Client, or that the Client has permission from the rightful owner to use each of these elements, and will hold harmless, protect, indemnify and defend the Company and its subcontractors from any liability (including solicitors fees and court costs), including any claim or suit, threatened or actual, arising from the use of such elements furnished by the Client.
- Evidence of ownership or permissions may be requested by the Company.
Hosting and Search Engine Optimisation
- Intellihosts will host the website if the client requires us to do so and on receipt of full payment of our hosting fees. In doing so, Intellihosts will provide a reliable and professional service to the client at all times, excluding unavoidable technical failures. All standard hosting offered by Intellihosts is limited to 500mb of website space unless otherwise stated in a separate contract.
- Intellihosts hosting is annually renewable. The date of renewal will be 12 calendar months from the date the website was made live. Intellihosts will contact the client 6 weeks before the renewal date and hosting services are not obligated.
- The hosting renewal charge must be received within 10 days of the hosting expiry date. We reserve the right to deactivate any website when the hosting has expired and the client has not paid the renewal charge. We reserve the right to charge an administration fee of £50 plus VAT for reactivating the website/hosting.
- If the client does not use Intellihosts hosting services, then the management and hosting of the domain name are the full responsibility of the client.
- If the client does not wish to renew the hosting, the site files and associated data can be made available to the client fee free on request and the domain name can be transferred to the client’s registrar account. Should the client instruct us to upload and configure the site and domain name to a third party server this work will be subject to charge.
- Intellihosts does not take any responsibility for a client’s website rank on search engines. This also includes any potential website downtime that can occur. When updating, changing, creating and hosting a client’s website, there could be a change in the websites search engine ranking.
- To ensure superior levels of reliability and performance, all our clients websites are hosted on a high speed, state of the art managed dedicated server which utilizes a guaranteed minimum uptime service availability level of 99.95%. Details of the exact specification of our servers are freely available to all our clients and will be given upon request.
Domain Names and Links
- If required, a domain name will be registered by Intellihosts on behalf of the client once we have received payment in full. Although the domain names are registered to us, the client is the legal owner of the domain and if they request to have details changed or the domain transferred elsewhere, we will do this within a reasonable timeframe.
- Domain name registration and management is charged at £25.00 per domain.
- Intellihosts provides links or references to our client’s websites solely for the convenience of prospective customers and intends that the links it provides be current and accurate, but does not guarantee or warrant that such links will point to the intended client site at all times.
- We place a small text link on the footer of our client’s website that simply states the website was designed by Intellihosts and links to our company website. This link can be removed, if required.
(*) Intellihosts will not tolerate any form of harassment against its employees from customers or third parties and we reserve the right to cancel a contract without refund in the event of unreasonable or inappropriate conduct. This includes threatening behaviour and abuse directed towards our employees thereafter any further communication must be via postal mail only.