1) VARIATION
These terms will remain valid for acceptance for 28 days from the date of issue. After acceptance Hightec Vision Limited reserves the right to amend these terms on each anniversary of the agreement in line with those currently displayed on the website. If you have any uncertainties about these conditions as they might apply to you or your project, it is your responsibility to clarify the situation by contacting us before the project gets under way.
2) CONTENT
It is your responsibility to provide us with the required information about your business. Hightec Vision Limited takes no responsibility for errors in content supplied by you for the web site. Any changes thus incurred may be chargeable at standard rates.
Unless specified otherwise, it is your responsibility to provide all necessary text and graphic materials that make up the content of the site. No refund will be made in the event that you fail to provide sufficient content to complete the web site.
All content must be supplied in a suitable digital format unless agreed otherwise beforehand. Images should be supplied as jpeg, gif or Photoshop format. Text should be supplied as a Microsoft Word or ASCII text file. Failure to supply material in digital format may result in extra charges being made for processing content for use on your web site. Where the content that is provided is in a form where a significant amount of copywriting is required, a further charge may be made.
You grant Hightec Vision Limited permission to utilize logos and any other company identity for the purposes of creating the website.
You agree to indemnify Hightec Vision Limited from any and all claims arising from your negligence or inability to obtain proper copyright permissions for all content supplied.
We may ask to place a discreet link to the Hightec Vision Limited website on each page of your web site either in text or graphic format. The link will be designed to fit the overall design of the site.
You should provide Hightec Vision Limited with copies of your terms and conditions and any privacy statement that you wish to be incorporated into the design.
In the event that Hightec Vision Limited is unable to complete a website because of lack of text and/or pictures, then text will be added using "lorum ispsum" text and pictures using appropriate library pictures. At this point the website will be considered completed and invoiced accordingly under our standard payment terms. Final text and pictures will be added when the client supplies these.
3) PAYMENT
Website Projects:
Standard Payment terms for the design and authoring of all websites
will be on the basis of full payment in advance. In the case of websites costing
over £5000, payments can be requested in stages, to be mutually agreed
with the client before work commences. The website will not necessarily be launched
onto your domain until the final payment has been received. Invoices not received
by the due date for payment will be liable for interest on the amount unpaid
at the annual rate of 8% above Bank of England base rate or a minimum of £10.00
(whichever is the greater) from time to time (without prejudice to any other
remedy available to us).
Hosting and Maintenance Contracts:
Monthly hosting and maintenance contracts will be invoiced on the 1st day of the service commencing and monthly thereafter or on a quarterly basis if mutually agreed until such time as the contract is cancelled by either party. Yearly hosting and maintenance contracts will be invoiced on the 1st day of the service commencing and then 2 months prior to the aniversary. All invoices will be invoiced on 30-day terms. Invoices not received by the due date for payment will be liable for interest on the amount unpaid at the annual rate of 4% above Bank of England base rate or a minimum of £10.00 (whichever is the greater) from time to time (without prejudice to any other remedy available to us). If payments are not received by us on the due date we reserve the right to suspend the web site and other services until such time as payment is received in full (without prejudice to any other remedy available to us).
4) ACCEPTANCE
Acceptance procedure will be as follows:
As Hightec Vision Limited builds the website you will be able to view the design as it is completed by visiting the live site. After completion of the website Hightec Vision Limited will inform you by either phone or email and you will have seven days from the notification to carry out an appraisal of the design and inform us of any changes required to correct any errors and comply with the quotation.
Hightec Vision Limited will carry out the agreed amendments. You will then have a further seven days to appraise the changes to the design and inform us of any errors in the changes. After this period the design is considered as accepted and any further amendments are chargeable.
Any further amendments other than those covered by any maintenance agreement are then chargeable.
5) RIGHTS
You will retain ownership of copyright, trademarks and other intellectual property rights in materials that you provide to us for use in the design of your website. All copyright, trade marks, patents created, developed, subsisting or used in or in connection with the design or development of your website will be transferred to you on settlement of all outstanding sums due to us.
Hightec Vision Limited makes every effort to design pages that will display acceptably in the most popular current browsers, but cannot accept responsibility for pages that do not display acceptably in new versions of browsers released after the pages have been designed. Hightec Vision Limited does not guarantee to design pages that will display in all browsers.
6) CANCELLATION
If you wish to cancel your contract you are required to do so by registered post giving 60 days notice and cancellation will only be effective on receipt of such notice. If the design is not complete you will be required to pay the balance of our costs to date and loss of profit for the entire design. No refunds will be made for any part of any annual hosting and maintenance subscription remaining.
In the event of cancelling your contract and if all sums due have been settled, Hightec Vision Limited will cooperate with the smooth transfer of hosting of the domain and pass over ownership of any website files as requested.
Cancellation of hosting contract.
If you wish to cancel or transfer your hosting contract Hightec Vision Limited requires 30 days notice.
7) SERVICES
Hightec Vision Limited will normally arrange hosting for the website and costing details for this will be issued along with the "getting started" document. FTP access details to your website userfiles can be issued on request. Customers wishing to arrange web hosting and domain names away from Hightec Vision Limited can do so at any time. We will however advise you if the arrangements appear to be unsuitable for our requirements. If the website is to be hosted by another web host than Hightec Vision Limited, you agree to grant Hightec Vision Limited access to the web space via FTP.
Hightec Vision Limited will advise clients on selecting domain names and register these for them as requested at current rates, but cannot guarantee a certain name will be available. Hightec Vision Limited reserves the right to make a charge of £25 + VAT for any administrative work associated with subsequent hosting or domain name transfers or cancellations (per domain name) into or out of our facilities or unused services. Hightec Vision Limited does not accept any responsibility if a domain fails to be re-registered.
Hightec Vision Limited accepts no responsibility or liability for loss of turnover, sales, revenue, profits or indirect, consequential or special loss due to any temporary suspension in hosting service or failure of client systems. We will, however, endeavour to ensure speedy recovery of such services that are within our immediate control.
8) EMAIL
If Hightec Vision Limited are responsible for arranging hosting then POP3 email accounts will be provided depending on which hosting package is agreed. You will be given the appropriate user name and password details for each account and the incoming mail server name. Requests for changes to user/password combinations may be made by email or telephone.
Hightec Vision Limited accepts no responsibility for email server downtime or interruptions to service. Email accounts must not be used for "Spam" emailing operations. Unless you have a support contract with us, once initially set up and operational, Hightec Vision Limited is not responsible for subsequent problems caused by the operating system of your computer. If you need to contact Hightec Vision Limited for such support we reserve the right to apply a charge.
9) DIAL UP
Hightec Vision Limited is not responsible for establishing or troubleshooting your Internet dial up facility, which provides your Internet connection and outgoing mail server. This is the responsibility of your own individual ISP who normally provides appropriate telephone support. If you need to contact Hightec Vision Limited for such support we reserve the right to apply a charge.
10) RESERVATIONS
Hightec Vision Limited reserves the right to withdraw services at any time subject to 14 days written notice. Hightec Vision Limited also reserves the right to feature customer websites in future promotions without seeking prior consent.
11) MAINTENANCE UPDATES
For customers with maintenance packages, Hightec Vision Limited will establish if the update falls within the scope of your quoted maintenance agreement, and if not, advise you of the cost of the update. Maintenance is defined as modifications to an existing page. Requests for Maintenance must be submitted to Hightec Vision Limited via e-mail. All content must be supplied in digital format. Content not supplied in digital format may result in extra charges being made.
12) PROMOTION
Where Hightec Vision Limited undertakes promotion of the website through Search Engine placement no guarantee is given that rankings can be achieved on particular Engines. Resubmission will take place as and when we deem appropriate and may vary in frequency depending on the level of maintenance updates undertaken.
13) WARRANTIES
Hightec Vision Limited makes no warranties of any kind, whether express or implied, for the services it provides. Hightec Vision Limited also disclaims any warranty of merchantability or fitness for a particular purpose. Hightec Vision Limited will not be responsible for any direct, indirect or consequential damages that may result from the use of its services, including loss of data (temporary or permanent) resulting from delays, non-delivery, interruption in or failure of service. You acknowledge and agree that Hightec Vision Limited cannot guarantee the absence of service interruptions caused by Acts of God or other circumstances beyond our control.
14) INDEMNITY
All services may be used for lawful purposes only. You agree to indemnify and hold Hightec Vision Limited harmless from any claims resulting
15) LIABILITY
Our total liability to you in contract or in tort arising in connection with this Contract shall not exceed the total price paid by you. We shall have no liability for loss of profits, business, revenue, goodwill or anticipated savings or for any other indirect or consequential loss. |
