The following terms and conditions apply to all website development and design services provided by IGOO to the Client.
1. Acceptance
It is not necessary for any Client to have signed an acceptance of these terms and conditions for them to apply. If a Client accepts a quote or accepts usage of services e.g Hosting then the Client will be deemed to have satisfied themselves as to the terms applying and have accepted these terms and conditions in full.
Please read these terms and conditions carefully. Any purchase or use of our services implies that you have read and accepted our terms and conditions.
2. Charges
Charges for services to be provided by IGOO are defined in the project quotation that the Client receives via e-mail. Quotations are valid for a period of 30 days unless otherwise stated. IGOO reserves the right to alter or decline to provide a quotation after expiry of the 30 days unless otherwise agreed with the client.
Unless agreed otherwise with the Client, all website design services require an advance payment of a minimum of fifty (50) percent of the project quotation total before the work is supplied to the Client for review. The remaining fifty (50) percent of the project quotation total is due upon completion of the work, prior to upload to the server or release of materials.
IGOO reserve the right to raise invoices retrospectively for services or products provided to the Client. This includes design, development and hosting services as well as any third party costs incurred to IGOO for the duration of the project.
Payment for services is due by bank transfer, cheque or direct debit. Cheques should be made payable to IGOO and sent to 36 New Bird Street, Liverpool, L1 0DA. Bank details are made available on invoices.
3. Client Review
IGOO will provide the Client with an opportunity to review the appearance and content of the website during the design phase and once the overall website development is completed. At the completion of the project, such materials will be deemed to be accepted and approved unless the Client notifies IGOO otherwise within ten (10) days of the date the materials are made available to the Client.
4. Turnaround Time and Content Control
IGOO will install and publicly post or supply the Client’s website by the date specified in the project proposal, or at date agreed with Client upon IGOO receiving initial payment, unless a delay is specifically requested by the Client and agreed by IGOO.
In return, the Client agrees to delegate a single individual as a primary contact to aid IGOO with progressing the commission in a satisfactory and expedient manner.
During the project, IGOO will require the Client to provide necessary website content; text, images, movies and sound files.
5. Failure to provide required website content:
In order to remain efficient we must ensure that work we have programmed is carried out at the scheduled time. On occasions we may have to reject offers for other work and enquiries to ensure that your work is completed at the time arranged.
Unless training is to be provided for content addition, we ask that you provide all the required information in advance. On any occasion where progress cannot be made with your website because we have not been given the required information in the agreed time frame, and we are delayed as result, we reserve the right to impose a surcharge of up to 25%.
If training is to be provided, we will use dummy content and images to populate the website.
NOTE: Text content should be delivered as a Microsoft Word, email (or similar) document with the pages in the supplied document representing the content of the relevant pages on your website. These pages should have the same titles as the agreed website pages.
Using our content management system you are able to keep your content up to date your self.
6. Payment
Invoices will be provided by IGOO upon completion but before publishing the live website. Invoices are normally sent via email; however, the Client may choose to receive hard copy invoices. Invoices are due upon receipt. Accounts that remain unpaid thirty (30) days after the date of the invoice will be assessed a service charge in the amount of the higher of one and one-half percent (1.5%) or £30 per month of the total amount due.
7. Additional Expenses
Client agrees to reimburse IGOO for any additional expenses necessary for the completion of the work. Examples would be purchase of special fonts, stock photography etc.
8. Web Browsers
IGOO makes every effort to ensure websites are designed to be viewed by the majority of visitors. Websites are designed to work with the most popular current browsers (e.g. Firefox, Internet Explorer 8 & 9, Google Chrome, etc.). Client agrees that IGOO cannot guarantee correct functionality with all browser software across different operating systems.
IGOO cannot accept responsibility for web pages which do not display acceptably in new versions of browsers released after the website have been designed and handed over to the Client. As such, IGOO reserves the right to quote for any work involved in changing the website design or website code for it to work with updated browser software.
IGOO cannot accept responsibility for 3rd party services that change once the website has been designed and signed off by the client. This includes services such as google maps, facebook, twitter, instagram or any third party service that IGOO integrate with the website design. As such, IGOO reserves the right to quote for any work involved in changing the website design or website code for it to work with updated 3rd party software.
9. Default
Accounts unpaid thirty (30) days after the date of invoice will be considered in default. If the Client in default maintains any information or files on IGOO’s Web space, IGOO will, at its discretion, suspend all such material from its web space. IGOO is not responsible for any loss of data incurred due to the suspension of the service. Suspension of such material does not relieve the Client of the obligation to pay any outstanding charges assessed to the Client’s account. Cheques returned for insufficient funds will be assessed a return charge of £25 and the Client’s account will immediately be considered to be in default until full payment is received. Clients with accounts in default agree to pay IGOO reasonable expenses, including legal fees and costs for collection by third-party agencies, incurred by IGOO in enforcing these Terms and Conditions.
10. Termination
Termination of services by the Client must be requested in written notice either by email or recorded post and will be effective on receipt of such notice. Telephone requests for termination of services will not be honored unless confirmed in writing or via email. The Client will be invoiced for work completed to the date of first notice of cancellation for payment in full within thirty (30) days.
11. Indemnity
All IGOO services may be used for lawful purposes only. You agree to indemnify and hold IGOO harmless from any claims resulting from your use of our service that damages you or any other party.
12. Copyright
The Client retains the copyright to data, files and graphic logos provided by the Client, and grants IGOO the rights to publish and use such material. The Client must obtain permission and rights to use any information or files that are copyrighted by a third party. The Client is further responsible for granting IGOO permission and rights for use of the same and agrees to indemnify and hold harmless IGOO from any and all claims resulting from the Client’s negligence or inability to obtain proper copyright permissions. A contract for website design and/or placement shall be regarded as a guarantee by the Client to IGOO that all such permissions and authorities have been obtained. Evidence of permissions and authorities may be requested.
13. Standard Media Delivery
Unless otherwise specified in the project quotation, this Agreement assumes that any text will be provided by the Client in electronic format and that all photographs and other graphics will be provided in a suitable digital .gif, .jpg or .png format. Upon request, IGOO will return to the Client any images or printed material provided for use in creation of the Client’s website upon completion.
14. Design Credit
A link to IGOO will appear in either small type or by a small graphic at the bottom of the Client’s website. If a graphic is used, it will be designed to fit in with the overall site design. The Client also agrees that the website developed for the Client may be presented in IGOO’s portfolio.
15. Access Requirements
If the Client’s website is to be installed on a third-party server, IGOO must be granted full read/write access to the necessary storage directories which must be accessible via FTP. Depending on the specific nature of the project, other resources might also need to be configured on the server such as databases or SSH access.
16. Post-Placement Alterations
IGOO cannot accept responsibility for any alterations caused by a third party occurring to the Client’s pages once installed. Such alterations include, but are not limited to additions, modifications or deletions.
17. Domain Names
IGOO may purchase domain names on behalf of the Client. Payment and renewal of those domain names is automatic and it is the responsibility of the Client to inform IGOO or any termination of domain requirements. The loss, cancellation or otherwise of the domain brought about by non or late payment is not the responsibility of IGOO. The Client should keep a record of the due dates for payment to ensure that payment is received in good time.
18. Support
Any technical or support issues the Client faces must be communicated with IGOO in a reasonable time frame and to through the correct channels. IGOO accept phone calls or email via support@zheymspe.com. Connectivity or 3rd party issues which are out of IGOO’s control are not the responsibility of IGOO.
19. General
These Terms and Conditions supersede all previous representations, understandings or agreements. The Client’s acceptance of an estimate or payment of an advance fee constitutes agreement to and acceptance of these Terms and Conditions. Payment online is an acceptance of our terms and conditions.
20. Governing Law
This Agreement shall be governed by English Law.
21. Liability
IGOO hereby excludes itself, its Employees and or Agents from all and any liability from:
- Loss or damage caused by any inaccuracy;
- Loss or damage caused by omission;
- Loss or damage caused by delay or error, whether the result of negligence or other cause in the production of the web site;
- Loss or damage to clients’ artwork/photos, supplied for the site. Immaterial whether the loss or damage results from negligence or otherwise.
The entire liability of IGOO to the Client in respect of any claim whatsoever or breach of this Agreement, whether or not arising out of negligence, shall be limited to the charges paid for the Services under this Agreement in respect of which the breach has arisen.
22. Limitation of Damages
Neither party shall be liable to the other for any lost profits, or any indirect, special, incidental, consequential or punitive loss or damage of any kind, or for damages that could have been avoided by the use of reasonable diligence, arising in connection with the agreement, even if the party has been advised or should be aware of the possibiliy of such damages.
23. Severability
In the event any one or more of the provisions of this Agreement shall be held to be invalid, illegal or unenforceable, the remaining provisions of this Agreement shall be unimpaired and the Agreement shall not be void for this reason alone. Such invalid, illegal or unenforceable provision shall be replaced by a mutually acceptable valid, legal and enforceable provision, which comes closest to the intention of the parties underlying the invalid, illegal or unenforceable provision.
24. Confidentiality
Any and all communications shall remain strictly confidential. You may not use, copy or disclose any information or communications, or share it in any way.
