Target ICT | Website & Graphic Design Terms and Conditions

Website/Graphic Design Terms and Conditions

Updated May 2008

Terms and Conditions Contents

1. Costs and Payments
2. Limitation of Liability
3. Suspension of Services
4. Termination
5. Contents of Web Pages and Undertakings
6. Technical Support, Changes and Maintenance
7. Intellectual Property
8. CANCELLATION AND TERMINATION

1. Costs and Payments

1.1 You must pay all charges as set out in the Proposal. Price quote and cost estimates provided by Target ICT are only valid for a period of 30 days.

1.2 You will remain liable for all fees during any period when Services have been discontinued or suspended due to a failure on your part to comply with these terms and conditions.

1.3 You will be invoiced as agreed in your quote/proposal. All balances are payable before delivery of final design artwork or uploading of final files to live websites.

1.4 All invoices must be paid within 3 days. A late payment charge of £30 will be applicable for all payments not made on time. You are also liable to pay overdue interest at 5% per week on any amounts not paid. All intellectual property rights remain with Target ICT until payment.

1.5 You must pay Target ICT's charges without any set off, counter claim or deduction unless it has been agreed, in writing, between us.

1.6 Target ICT reserves the right to prioritise early paying clients, and to charge urgency fees for turnaround within 5 working days.

1.7 Agreed Costing is conditional on your supplying data required for a Website Stage or completion deadline agreed within 10 working days of confirmation of your order. Target ICT reserves the right to revise the price if that condition is not met in line with charges applying at the relevant time.

1.8 No final design material or files will be delivered until final invoices are paid in full. Payment by cheque will involve waiting for clearance before the supply of files. Delivery being: Supply of final design digital files to printer, or on disk, or via email, or uploaded to a nominated ISP/Web server. Construction files, or code files, or script files remain the property of Target ICT.

1.9 Printer or ISP Liason is charged at our current rate per hour.

1.10 Quotations and proposals must be accepted in writing by letter, or fax, or email, or by signing the quotation or proposal. Acceptance of the quotation or proposal must be accompanied by a 50% deposit unless otherwise agreed.

1.11 Deposits can be made by credit card, cheque or direct bank transfer.

1.12 Design/Website work will not commence until the deposit has been received and cleared.

1.13 Where progress payments are staged in a quotation or proposal, they will fall due and payable as specified in the quotation or proposal. Overdue progress payments may result in suspension of design/website works in progress until all amounts in arrears (including interest) are paid in full.

1.14 (i) Target ICT reserves the right to recover all costs associated with recovering unpaid invoices, including legal and administrative costs.
(ii) Target ICT reserves the right to recover intellectual property in cases where there is non-payment by any means it sees fit.

1.15 Target ICT reserves the right to revise and or alter initial quotes based on changes in website scope, changes or additional work provided by the client in addition to quote provided.

2. Limitation of Liability

2.1 All terms and conditions, warranties, undertakings inducements and representations, whether express or implied, statutory or otherwise relating to the provision of services by Target ICT not contained in the Agreement are excluded and Target ICT WILL NOT ACCEPT LIABILITY FOR ANY LOSS OR DAMAGE (INCLUDING CONSEQUENTIAL LOSS OR DAMAGE) HOWEVER CAUSED (WHETHER BY NEGLIGENCE OR OTHERWISE) WHICH MAY BE SUFFERED OR INCURRED OR WHICH MAY ARISE DIRECTLY OR INDIRECTLY with respect to the service.

2.2 Where any applicable legislation implies any term, condition or warranty into the Agreement or in respect of Target ICT's relationship with you, or otherwise gives you a particular remedy against Target ICT and the legislation or any other legislation renders void or prohibits provisions excluding or modifying the application of, exercise of, or liability under such implied term, condition, warranty or remedy will be deemed to be included in the Agreement or as the case may require apply to the relationship between Target ICT and you. However, Target ICT's liability for any such breach of such implied term, condition or warranty or under such remedy, will be limited, at Target ICT's option, in any one or more of the ways permitted in that legislation, including, where so permitted if the breach relates to Services the supplying of those services again.

2.3 You acknowledge that web sites cannot be guaranteed to be 100% error free in construction, and acknowledge that any errors falling short of a complete failure of consideration in the site shall not constitute a reason to terminate this agreement.

3. Suspension of Services

3.1 Target ICT reserves the right to suspend services in any event where you fail to perform your obligations under this agreement. If payment for services is not received within the terms of payment stated by us, websites may be taken down until payment is confirmed.

3.2 Target ICT may from time to time and without notice or liability to you suspend any of the services if the reason for doing so is an event beyond the reasonable control of Target ICT.

4. Termination

4.1 Target ICT may discontinue services if an amount payable to Target ICT is overdue, or take down a website permanently in any case where an amount payable is overdue by more than 7 days. In any such event, you remain liable for the total cost of the contract including all disbursements; unless otherwise agreed between the parties.

5. Contents of Web Pages and Undertakings

5.1 You will be solely responsible for any content of your Web Pages/undertakings. Target ICT is not responsible for proofreading any content unless specifically agreed.

5.2 It is your responsibility to ensure that Web Site content or functionality meets your requirements. Target ICT makes no representations to you concerning the content or functionality of your Web Site

5.3 If you provide Target ICT with data, goods, material, photographs, film or information to be used in any form, you hereby warrant that these do not infringe the rights of third parties and indemnify Target ICT against any action taken against Target ICT by any such third party.

5.4 Without limiting the generality of the foregoing, you agree not to infringe the copyright trademark, privacy or personal or proprietary rights of third parties, supply libellous, abusive, obscene material or disparage the products or services of any third party.

5.5 Target ICT for its part hereby undertakes not to knowingly infringe the rights of third parties in activities conducted on your behalf.

5.6 You are solely responsible for dealing with persons who access your data or webpage and warrant that you will not refer complaints or inquiries in relation to such data to us.

5.7 You acknowledge that web design and development work does not include the tasks and jobs of SEO (Search Engine optimisation) and W3C validation. These are separate jobs and if you want these to be undertaken by Target ICT, you will have to agree with Target ICT in writing and will be subject to separate and extra cost.

6. Technical Support, Changes and Maintenance

6.1 Technical assistance will be offered via email. You acknowledge that all technical or support or maintenance queries will be sent by you via email to support@TargetICT.com

7. Intellectual Property

7.1 All files created remain the property of Target ICT.

7.2 Target ICT retains the Copyright in and the right to use all artwork created in advancing the profile of Target ICT and to be recognised for artwork created by Target ICT.

8. CANCELLATION AND TERMINATION

(a) Cancellation of an agreed quotation or proposal by you must be communicated to Target ICT both by telephone and in writing (letter, fax or email).

(b) Once design work has commenced, the deposit is not refundable. Where the project is cancelled at your request, any costs accrued by Target ICT over and above the deposit will be invoiced to you and will be due and payable immediately.

(c) Where design work has been agreed to and the project is cancelled at your request and where the design work has not yet commenced, a termination fee of 25% of the agreed quotation or proposal or the total of costs accrued by Target ICT to date will apply (whichever is greater).

(d)(i) Works in progress can be postponed at your request in writing. All outstanding costs to date will be invoiced to you and be payable immediately.

(d)(ii) Where you postpone a project in accordance with clause (d)(i) of this section, work will be restarted and completed at your instruction in accordance with the specifications of the original quotation.

(d)(iii) Notwithstanding clause (d)(ii) of this section, work resumed after postponement will be subject to cost revision. Work will not restart until revised costing (if any) has been agreed to in writing.

(e) Target ICT reserves the right to terminate services where (i) there are outstanding invoices, or (ii) there is a material breach of these terms and conditions.

(f) Target ICT will be entitled to cancel any agreement with you where you become insolvent, enter into voluntary arrangements with creditors, enter receivership or cease trading for any reason. This will be done without prejudice to any other rights or remedies available to Target ICT. Amounts owing will be invoiced and immediately due and payable.

0845 868 6745 info@targetict.com