| IntoArt Terms & Conditions |
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The following terms and conditions apply to all IntoArt transactions. Please read through these carefully before placing an order and print a copy for future reference. Fair Play PolicyIn order to ensure that all our quotation times are met we have to enforce what we call a `fair play policy’. This policy limits the amount and the scope of changes we allow a client to make once a design has been produced. We allow one re-design to our `mock-up’. Once the mock-up has been approved we allow up to 15 minor changes to the layout and structure of the content provided by the client. Site content is classified as the free-flowing information that occurs within the boundaries of the website template. A minor change does not include any alteration to the overall layout or functionality of the website or website template. Any work in addition to or outside of these boundaries is charged at our hourly rate and any deadlines previously quoted will be amended to reflect these changes accordingly. Terms and Conditions for Website Hosting and Email ServicesIntoArt offer annually renewable packages of hosting services which can be purchased as part of a content management package or separately. Start dates are based on when the domain name is first registered or the web project has been moved over to IntoArt. No guarantees can be made as to the availability of this service. IntoArt 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. IntoArt make available the use of email facilities as part of our hosting packages. Said email facilities are provided on an as-is basis and as such we take no responsibility for the failure of this service or the consequence of any such failure. IntoArt sub-contract the services of a third party, Heart Internet, for provision of these services. By entering into a contract with IntoArt you are doing so with the full understanding that we have no control over the provision of these services and as such cannot take any liability for said services. IntoArt will provide webmail, POP3 and IMAP accounts for the client’s usage. Should there be the need to transfer mail from one system to another or to move an email server, IntoArt will state this in the proposal. Should it come to light that such a transfer is necessary after the initial quote has been given, IntoArt reserve the right to re-quote for the work that may be needed. IntoArt 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 the hosting service, giving 28 days notice to the termination date, should the necessity arise. We will not be held responsible for any charges directly, indirectly or otherwise due as a result of suspension of Services. It is the client’s sole responsibility to back up all their own data. The client may terminate their account at any time after the minimum term of 3 months, giving 28 days notice to the termination date. The request to terminate the account must be in writing. The account holder may send his cancellation request via email or by postal mail to IntoArt. Invoices/reminder emails are provided approximately one month before the annual renewal date, however our usual payment terms apply from the invoice date. Customers wishing to cancel a hosting service must inform us before the invoice date otherwise full annual payment will be required. No partial refunds will be given for hosting services cancelled during the current agreement period. Terms and Conditions for Website DesignWhilst every endeavour will be made to ensure that the website and any scripts or programs are free of errors, IntoArt cannot accept responsibility for any losses incurred due to malfunction, the website or any part of it. The website, graphics and any programming code remain the property of IntoArt until all outstanding accounts are paid in full. Any scripts, cgi applications, php scripts, or software (unless specifically agreed) written by IntoArt remain the copyright of IntoArt and may only be commercially reproduced or resold with the permission of IntoArt. Payment in full is required before any work will be carried out below the figure of £4000. Any work costing abve this ammount is charged at 60% up-front with the final ammount payable on completion. IntoArt require that all website material be provided in full before the project is started. This is as much for the client’s benefit as it is to ours and ensures that all our deadlines are kept to. IntoArt will not take any payment or start any work on the website until all site material has been received from the client. This is as much for the client’s benefit as it is to ours and ensures that all our deadlines are kept to. All materials including text, images, audio, video and intellectual property will remain the client's sole ownership. IntoArt cannot take responsibility for any copyright infringements caused by materials submitted by the client. We reserve the right to refuse any material deemed inappropriate or of a copyrighted nature unless adequate necessity or proof of ownership is given. We reserve the right to alter prices at any time without prior notice. If a quote at an original price has been made it will be valid for 28 days and subsequently during the life of the current commission, however additional work may be charged for using the new pricing structure. The quoted price includes standard telephone support services up to 6 hours. Should the client require an unmetered support package they are invited to purchase a comprehensive support package which costs £100 per year. IntoArt will not be liable for costs incurred, compensation or loss of earnings due to the failure to meet agreed deadlines. IntoArt will not be liable or become involved in any disputes between the site owner and their clients and cannot be held responsible for any wrongdoing on the part of a site owner. IntoArt will not be liable for any costs incurred, compensation or loss of earnings due to the work carried out on behalf of the client or any of the clients appointed agents. IntoArt will not be liable for any costs incurred, compensation or loss of earnings due to the unavailability of the site, its servers, software or any material provided by its agents. This includes email server problems. The client is ultimately responsible for checking the correctness of the site before they give IntoArt the go ahead to make the site publicly available. When a client agrees that a site can be made publicly available they are agreeing that the design and development of the site has satisfied all their requirements. Once a website has been designed and completed the final balance of payment is then due in accordance with our payment terms and the client may make any changes to design and content they wish. If the client decides they no longer want the site, they are still obliged to pay for the work that has been done. Non payment will result in legal action being taken if necessary. Changes to any work completed or part completed requested by the client or any other part beyond our control will be charged to the Client on a time basis at our Standard Hourly Rate.
Terms and Conditions for Database, Application and E-Commerce DevelopmentIntoArt cannot take responsibility for any losses incurred by the use of any software created for the client. Whilst every care has been taken to ensure products are problem free and accurate, the ultimate responsibility lies with the client in ensuring that all software is functioning correctly before use. Any scripts, cgi applications or software (unless specifically agreed) written by IntoArt remain the copyright of IntoArt and may only be commercially reproduced or resold with the permission of IntoArt. Where applications or sites are developed on servers not recommended by IntoArt, the client is expected to provide or seek any information, additional software, support or co-operation pertaining to the server required in order for the application to be correctly developed. Where large applications are to be developed, it is the client’s responsibility to provide a suitable testing environment which is identical to the final production environment. The client is expected to test fully any application or programming relating to a site developed by IntoArt before being made generally available for use. Where "bugs", errors or other issues are found after the site is live, IntoArt will endeavour (but is not obliged to) to correct these issues to meet the standards of function outlined in the brief. Terms and Conditions for Domain Name RegisteringBy registering domain names through IntoArt, you are entering into contracts not just with IntoArt, but with the domain registration authorities as well. Your registration of a domain name indicates that you have read, understood and agreed to our domain registration terms and conditions as well as those of the appropriate domain registration authority.All domain names are registered on a first-come, first-served basis. Domain names often appear to be available up to 24 hours following registration. For this reason, IntoArt make no guarantee that the domain names you have chosen are available and can be registered. You are therefore advised not to take any action in respect to a domain name until full registration has been completed and your details are shown in whois query results. In the event of a domain registration failure due to the domain name having been registered to another party, IntoArt will refund payment or offer you the opportunity to select alternative domain names. Under the terms of The Consumer Protection (Distance Selling) Regulations 2000, consumers have a "cooling off" period of 7 working days from the date that the order is placed in which they may cancel orders placed by distance contract. The Consumer Protection (Distance Selling) Regulations 2000 do not apply to business-to-business transactions. The consumer's right to cancel does not apply where goods or services are clearly personalized or made to the consumer’s specifications, or once service provision has begun. Domain names are personalized to the consumer's specifications and service provision will begin from the moment the domain name registration is submitted to the registration authorities. Therefore, the consumer's right to cancel does not apply and IntoArt will make no refund for any domain name registration other than as per Clause 1 above. Domain name registrations are normally completed in about 24 hours, but in some cases, registrations may not be completed for up to 72 hours. The length of time it takes for a domain registration to be completed will depend on the domain registration authority, not on IntoArt. IntoArt will not accept any liability for delays in domain registration caused by the registration authorities or by any other party that IntoArt has no control over. IntoArt reserve the right to cancel, suspend or refuse registration in the event of some exceptional circumstances, including in particular, if to do so would put IntoArt in a position which conflicted with statutory obligations, terms of a Court Order, terms and conditions of the domain registration authorities or the laws of England. IntoArt accept no responsibility for usage of domain names, specifically including where conflict arises with trade marks, registered or unregistered or the right to use a name in any other context. A confirmation of registration is not intended to be evidence of ownership of a particular name. The pricing shown on our website is the total amount you will pay for each domain registration or renewal. Once payment has been made at the prices shown on our website, IntoArt will make no further charges in respect of those domain names until renewal, except where additional services are required for that domain name. Any such charges will be at our discretion. IntoArt reserve the right to change pricing for domain name registrations and renewals at any time. You will ensure that you provide accurate contact details for your domain name registration, and that you keep these up to date. Your email address is particularly important as this is where we will send domain renewal information. If you fail to keep your contact details up to date, you may not receive domain name renewal notices and your domain name may not be renewed. IntoArt will accept no responsibility for your failure to provide and maintain accurate and up to date contact details, or for any losses incurred as a result of the release or non-renewal of any domain names. IntoArt will send domain renewal notices by email to the email address given as the domain owner/registrant with full instructions for payment of renewal fees. Renewal notices will be sent approximately 60, 30, 14 and 7 days prior to renewal. You are advised to renew your domain names as early as possible. Failure to renew your domain name in sufficient time will result in the release of your domain name. IntoArt can accept no responsibility for the non-receipt of renewal notices nor for any losses incurred as a result of the release or non-renewal of your domain names. All domain registrations are subject to our own terms and conditions as set out in this document, as well as the terms and conditions of the relevant domain registration authorities as shown below: Nominet Terms & Conditions for all .uk domain registrations CompatibilityIntoArt will endeavor to ensure that any developed/designed site or application will function correctly on the server it is initially installed in and that it will function correctly when viewed with the web browsing software Microsoft Internet Explorer Version 6 and to an acceptable level with Mozilla browsers. IntoArt can offer no guarantees of correct function with all browser software. 3D ChargesWe will visit any premises from the southern most tip of the UK up to the city of Truro free of charge. Any further will be charged at our mileage rate of 30 pence per mile plus our hourly rate.Visits to client’s premises/Training chargesWe will visit any premises in South Cornwall free of charge for a no obligation consultation. Any further visit may be charged at our mileage rate of 30 pence per mile return at our discretion. Any additional meeting time of the web development project will be included in the initial quoted price, the client will not be charged any extra. Any time spend on any other job that is not already included in a package deal, for example content management system data entry/training, may be charged at our hourly rate.General Payment Terms and ConditionsA down payment of 60% is required from any new client before any web design work is carried out. It is the IntoArt policy that any outstanding accounts for work carried out by IntoArt or its affiliates are required to be paid in full, no later than 7 days from the date of the invoice.We will contact clients via email and telephone to remind them of such payments if they are not received when due. Payment must be made by cheque, cash or bankers transfer. Any payment returned by the bank will incur a £15 administration charge. This will be invoiced and will be added to the total outstanding debt owed by the customer. Late payments will be charged interest at our rate of 8.5%. If accounts are not settled or IntoArt have not been contacted regarding the delay, access to the related website may be denied and web pages removed. Should your hosting be suspended a reconnection fee of £50.00 will be charged. In case of non payment we will then pass such cases to the Small Claims Court to pursue payment. Non payment can result in county court judgements (ccj's) being added to the client’s credit rating. Anyone who experiences a problem with their web service provided by IntoArt should raise the matter directly using our online contact form or support ticket system to do so, giving sufficient information to locate the material (such as an url) and clearly outlining the grounds for complaint. IntoArt’s standard daily rate is calculated at £250. Unless otherwise stated this figure corresponds to the working times from 9:00pm to 5:00am with 30min paid for mid-day break. We will visit any premises in South Cornwall free of charge for a no obligation consultation. Any further visit may be charged at our mileage rate of 30 pence per mile return at our discretion. Any additional meeting time of the web development project will be included in the initial quoted price, the client will not be charged extra. Any time spend on any other job that is not already included in a package deal, for example content management system data entry/training, may be charged at our hourly rate at our discretion. |





