iPage Designer Website Term’s & Conditions of Use
“You” shall mean you, the user of the site, and “Your” shall be interpreted accordingly. “iPage Designer” or “we” or “developer” shall mean iPage Designer. “User” means a user of the iPage Designer Site collectively and/or individually as the context admits. “Website” means a site on the World Wide Web.
Use of Site
Any information found on the iPage Designer web site is intended for guidance only. The web site and the serives described in it are subject to change without notice. Copyright in the web site, its design, layout, look, appearance and graphics remain our property. The contents of the web site may not be downloaded printed or copied for further commercial use in anyway whatsoever, but personal use may be permitted.
The iPage Designer web site contains links to other web sites. We accept no responsibility or liability for the content of web sites, which are not under our strict control. You are not permitted to create a link to this web site without our prior written consent. Should you wish to do so, please place your request to the: webmaster via our online contact form, this can be found on our Contact Us page.
We do not guarantee that the iPage Designer web site will be compatible with all hardware and software which may be used by visitors to the site. We only recommend that this site is best viewed at a resolution of 1280 x 1024 (on Internet Explorer V7 or greater) and that it is optimised for this setting, however it will display on a 800 x 600 screen or greater.
We will carry out work only where a schedule of works is entered either by email, telephone, mail, social messenging service, social network, fax or in person. We will only work for clients who are 18 years of age or above. A written permission from an elder family member must be place should you the client be less than 18 years of age.
1. Website Hosting, unless otherwise stated will remain outside the scope of our current service and terms.
2. Domain name(s) or email address(s) not provided by iPage Designer are the responsibility of the Customer. The Customer is responsible for the renewal and upkeep for these services directly with their domian or email provider.
3. Design, sketches, samples, photography or logo design remains the property of iPage Designer unless agreed separately.
5. Content solutions or content software may be provided by third party suppliers with approval of or at the request of the Customer. iPage Designer are not responsible for or liable for any problems that these solutions may cause.
6. You will only be charged for licensing, development, administration, domains and hosting carried out or provided by iPage Designer or persons acting on behalf of iPage Designer.
8. Whilst iPage Designer provides and advises on 3rd party hosting providers no guarantees can be made as to the availability or interruption of this service. iPage Designer cannot accept liability for losses caused by the unavailability, malfunction or interruption of this service, or for loss of turnover, sales, revenue, profits or indirect, consequential or special loss.
9. iPage Designer reserve the right to refuse to handle in any way material which may be deemed offensive, illegal or in any way controversial and also to terminate any service and share information with law enforcement agencies should the necessity arise.
10. All services provided by iPage Designer may only be used for lawful purposes. The laws of the United Kingdom apply.
11. Any illegal use of our websites, hosting or domains will result in the immediate termination of your account. In addition we reserve the right to share your personal details to any law enforcement agency where any laws are broken or any investigation is required due to misconduct.
12. Any technical issues caused by the customer will be rectified at our standard developer’s rate.
13. iPage Designer reserves the right to change any aspect of website publicity.
14. The Customer is responsible for the accuracy, legality & any copyright/trademark disputes that may occur relating to their website and images / content provided to us in the design or development of the sites for them.
15. It is the Customer’s responsibility to provide all the necessary information in a suitable format for the production of the website.
16. Any alterations to the website by the Customer may not be backed up and the customer should keep relevant copies of any changes made.
17. If a website/hosting account is hacked/disrupted by a third party through no fault of iPage Designer, iPage Designer will endeavour to resolve the issue on behalf of the customer but there may be charges applied for this service.
18. iPage Designer is not responsible for any loss of Customer data.
19. Late or nonpayment of any fee(s) charged by iPage Designer may result in the restriction / loss or cancellation of website access, admin controls, hosting and/or domain name(s). Domain names not paid for prior to their renewal date are AUTOMATICALLY SUSPENDED by our domain name supplier. This means that your website & email may stop working until the domain name(s) are paid for. Additionally, domain names not paid for within the time limits may be lost or purchased by third parties.
Payments & Schedules
Depending on the type of work required, we like to offer fair payment terms, based on the type of project we are providing. We need to trust that you ‘the client’ will pay for works carried out and likewise, you need to trust us that we will of course complete the work set out in the schedule we provide.
We have broken down work to the following:
1 – Site Repairs & Upgrades; 50/50. 50% deposit allows for works to start. 50% upon completion of work.
2 – Development Work; 50/50. 50% deposit allows for works to start. 50% upon completion of work.
3 – Design, Logos & Banners; 100% pre-payment. Due to the nature of design work, upon payment, works will commence and then finish within the schedule.
4 – Site Design / New Site Development; 25/50/25. 25% deposit allows for works to start. 50% upon a working site provided (less content) and basic design in place. 25% final payment when site completed (less content if client states).
5 – Social & Marketing; 100% pre-payment. As with placing adverts with any publication, marketing and social activities require pre-payment prior to work commencement.
Any outstanding payments will be paid for in full within 7 days of issue. Payments may be made by bank transfer (details to be provided) in all cases. All prices quotes are exempt of VAT.
Additional work requested by the Client which is not specified in the agreed quotation is subject to a separate quotation and Developer reserves the right whether to quote or accept additional work. If additional work is accepted by the Developer it may effect the timescale and overall delivery time of the project.
Developer endeavours to provide a web site within given delivery timescales to the best of it’s ability. However, the Client agrees that Developer is not liable for any claims, losses, costs incurred or compensation due to any failure to carry out services within a given delivery timescale.
The Client agrees Developer is not liable for absence of service as a result of illness or holiday.
The Client agrees Developer is not liable for any failure to carry out services for reasons beyond it’s control including but not limited to acts of God, telecommunication problems, software failure, hardware failure, third party interference, Government, emergency on major scale or any social disturbance of extreme nature such as industrial strike, riot, terrorism and war or any act or omission of any third party services.
Developer is not liable for any consequences or financial losses such as, but not limited to, loss of business, profit, revenue, contract, data or potential savings, relating to services provided.
On handover of files from Developer to Client, the Client shall assume entire responsibility in ensuring that all files are functioning correctly before use.
Whilst every effort is made to make sure files are error free, Developer cannot guarantee that the display or functionality of the web design or the web site will be uninterrupted or error free. If after handover of files errors are found in code the Developer has created and the main browsers Internet Explorer and Mozilla Firefox, domain name setup and hosting setup are the same as when work began, then Developer can correct these errors for the Client at it’s own discretion.
If after handover of files errors are found in code the Developer has created and the main browsers Internet Explorer and Mozilla Firefox have released an updated software version, or the domain name setup or hosting setup has been changed, Developer can correct errors for the Client free of charge and reserves the right to quote separately for any additional work needed as a result of changes to the browser software, domain name setup or hosting setup.
Should Client goes into compulsory or involuntary liquidation or cannot pay its debts in the normal course of business, Developer reserves the right to cancel forthwith any projects and invoice Client for any work completed.
Developer shall have no liability to the Client or any third parties for any damages, including but not limited to, claims, losses, lost profits, lost savings, or other incidental, consequential, or special damages arising out of the operation of or inability to operate these web pages or web site, even if Developer has been advised of the possibility of such damages.
There are sometimes laws and taxes which affect Internet ecommerce. Client agrees that it is their responsibility to comply with such laws and will hold harmless, protect, and defend Developer and its subcontractors from any claim, suit, penalty, tax, or tariff arising from the Client’s exercise of Internet ecommerce.
Developer may from time to time recommend to the Client that updates are needed to their site to comply with, including but not limited to, new legislations, software releases and web standards. Developer reserves the right to quote for any updates as separate work. Client agrees Developer is not liable for any failure to inform or implement these updates to their site. Client agrees that it shall defend, indemnify, save and hold Developer harmless from any and all demands, liabilities, costs, losses and claims arising from omission to inform or implement these updates.