Introduction
This Agreement constitutes the entire agreement between the Customer and IWI DESIGN, the Customer accepts, and agrees to be bound by, this Agreement.
Agreement to Terms and Conditions
This Agreement takes effect on the date on which the Customer first uses the services provided by IWI DESIGN or when the Customer pays for their services, whichever is the earliest.
Hosting and e-mail services
1] IWI DESIGN may not always monitor the contents of the Customer's pages. Files that the Customer uploads to their web pages are subject to withdrawal without notice by IWI DESIGN upon complaint about their content.
2] Where applicable the customer agrees to keep secure their IWI DESIGN identification, password and other confidential information relating to their account, if they have been supplied with such information.
3] IWI DESIGN will ensure that adequate backups are kept for all web sites hosted by IWI. IWI use one of the largest and most reliable ISP providers available to the UK market but can not be held responsible for temporary glitches in the service provided.
4] IWI DESIGN will invoice the customer for any hosting renewal fees as and when they become applicable. The customer must pay these fees to avoid interruption to the service.
5] IWI DESIGN cannot guarantee and do not accept responsibility for lost email, online orders, bookings, and so forth from their web site.
6] IWI DESIGN does not support or develop work on systems transferred away from our hosting packages.
Design Services
1] Upon acceptance of order a minimum 30% deposit is required - this may be increased or reduced at the Directors discretion.
2] IWI DESIGN will always work with the client in ascertaining your needs with regards to design content and layout, where this is unclear IWI DESIGN reserve the right to use our judgment in the interpretation of the design of Internet pages in relation to the material that we receive from the User.
3] IWI DESIGN will suggest and work towards suitable time scales for site completion however we will not be held liable for missed deadlines where it is deemed out of our control.
4] The final instalment to be collected upon completion before the site 'goes live' or other products are released. By settling a final invoice the client is accepting, in full, the design and operation of the system as full and complete. Any amendments or errors after acceptance of work cannot be guaranteed to be resolved without charge after this time.
Domain Names
1] IWI DESIGN shall not be liable for any loss, claim, lost revenue, or otherwise be accountable, should we be unable to process the requested domain name. Should we be unable to process a domain name registration request we will either provide a refund or provide an alternative domain name.
2] IWI DESIGN shall accept no responsibility for the loss of domain name(s) due to the customers failure to respond to our notification of renewal or failure to pay invoices for renew.
3] IWI DESIGN reserves the right to withhold or prevent the release of domain name(s) should the client default on their account. All services remain under the control of IWI DESIGN until the account is paid in full.
Maintenance
1] Maintenance charges are strictly through invoice per month or per annum.
2] Maintenance may be cancelled at any time by the customer allowing 3 months prior notice.
3] Maintenance includes small textual changes to the customers web site, on line statistics generated week by week, help and support and regular communication via phone calls or newsletter.
4] Maintenance costs are negotiable depending upon requirements and size of site.
5] While IWI strive to provide a comprehensive Internet marketing service we can not guarantee that every Search Engine will index or list the web pages or web sites that are submitted to them by IWI DESIGN.
Termination
1] IWI DESIGN expressly reserves the right to terminate or suspend the Customer's account without prior notice should the Customer fail to comply with these Terms and Conditions or fail to pay an invoice in full as in the stated payment terms as displayed on the invoice. The Customer will not be entitled to any compensation whatsoever in the circumstances of termination and IWI DESIGN will not be liable for any consequential loss whatsoever in relation to termination of the Customer's account in any circumstances.
Charges
1] The Customer agrees to pay all charges for their use of services at the prices agreed and set in the contract.
2] All web pages, scripts, databases, graphics or other digital products created by IWI DESIGN remain the property of IWI DESIGN until payment for such products is received in full.
3] Payment terms are strictly within 14 days except payments for web design to be taken as per instructions laid out within the design services section or written quotation.
4] IWI DESIGN will invoice the customer for any domain name and hosting renewal fees as and when they become applicable. Hosting renewal fees are due immediately.
Exclusion of Warranties and Limitation of Liability
IWI will at all times use its best endeavours to attempt to maintain an uninterrupted and error-free service, however IWI make no representations or warranties regarding the services provided by them and do not warrant that use of IWI DESIGNs services will be uninterrupted or error-free.
Force Majeure
IWI DESIGN shall not be liable for any breach of this Agreement caused by Act of God insurrection or civil disorder, war or military operations, national or local emergency acts or omissions off Government or other competent authority, industrial disputes of any kind (whether involving the Service Provider's employees or contractors), fire, lightning explosion, flood, subsidence, inclement weather, acts or omissions of persons or bodies from whom IWI DESIGN is not responsible or any other case whether similar of dissimilar outside the control of IWI DESIGN.
