Terms and Conditions
Responsibilites
Indever agrees to deliver the requested work in a timely manner and shall conform to the standards as agreed in the brief commissioned. Indever charges for design work based on time, so any changes to the commissioned brief once work has commenced, may result in additional costs. In particular cases, where a job / service requires work beyond our normal business hours and turnaround time, Indever may charge additional fees, over and above our standard costs. Work that is halted by the client after a job has begun, will be billed on the basis of what has been completed to that time. Where work is performed by other parties as designated by the client, Indever cannot be held liable for their performance, although Indever shall make its best effort to work with these other parties.
Process
In the case of website design and build services the following process will apply:
- Indever contacts with client to agree brief
- Indever provides quote to client within 10 working days of meeting
- Client pays 50% non-refundable deposit to commission services from Indever
- Indever undertakes design phase
- Indever contacts with client to agree any design changes or approve design
- Indever makes changes as agreed and undertakes build phase
- Indever contacts with client to agree any amendments to the site within project scope
- Final contact with client for sign off
- Website will be delivered upon receipt of final payment
The client will provide a sitemap and is responsible for providing text and image content for the website.
Contact with Client can be done in the form of emails, phone calls or meetings where required.
Ownership
The client understands that all files, web pages, graphics, photographs and programming work, except those provided by themselves, are the property of Indever until any and all fees are paid in full, at which time the client retains ownership. In the case of any programming (scripting) work, which includes shopping carts, banner rotation programs, database programs and the like, the client understands that they do not have any rights to duplicate, resell or give away any programmes created by Indever. Programmes created by Indever may not be used on other websites unless purchased by the client outright (should be requested at time of commissioning work if required).
The Product
Once a new website is completed, the client will receive a copy of all websites files in a .zip, this is the product that the client is purchasing. Once this is delivered the client will be responsible for keeping those files backed up.
Copyright
All work created and undertaken by Indever is copyrighted by Indever. The client understands that they have rights only to web publication. Any other reproduction by means of printing and/or transferring to other media may be considered copyright infringement. Copyrights may be purchased outright by the client or subject to limited use. The client also understands that all works, expressly marked or not, are protected by copyright laws. Indever will take no responsibility for ensuring material supplied by the client has been authorised for reproduction. The client further warrants that they either own or have properly licensed/obtained copyright(s) or copyright permission to any work that they have supplied for use/reproduction, and the client agrees to assume full legal and financial responsibility for any copyright suit or action that may take place regarding materials they have supplied.
Hosting Contracts
All hosting contracts run on a 12-month minimum basis. We reserve the right to charge for any time required in domain administration and associated services in the event of you transferring away from us or to third party services. This ensures we are able to offer a high quality and responsive service in all circumstances. Domain name and website hosting contracts are charged out by Indever on a per annum basis. Should a client wish to transfer hosting of either a domain name or website to an alternative host at any time, Indever are happy to do so subject to the account being fully paid up to the date of the transfer request, and a formal transfer request being lodged by an authorised client contact. Please note that Indever automatically renews all domain names as they expire, so should a client not wish to renew a domain name and avoid a new annual hosting charge, then they must alert Indever to this fact before the expiry of the existing contract. The same also applies to website hosting.
Free Hosting
All new websites are given 1 year of free hosting, included in the initial fee. This is subject to all invoices being paid up within 14 days of issue. The hosting specification will be provided on request.
Domains
Where provided, domains are invoiced separately to the website and hosting.
Payment
Upon the commissioning of services, the client must pay a non-refundable deposit equal to 50% of the agreed estimated fees before Indever proceeds with any work. Once the client makes the final payment, their website will be delivered to them. Indever terms of engagement are strictly 14 days payment from date of invoice. Indever reserves the right to levy a surcharge on clients for late payment of invoices, returned cheques, unpaid direct debits, or anything else resulting in non-payment to Indever.
Backups
Indever will backup websites hosted on our server once per month. More frequent backups are provided through our Support service. Indever does not backup websites which are hosted by third parties. Websites which are developed by Indever but hosted by a third party are out of our control and should be backed up by the hosting provider.
Disclaimer
Indever will not be held liable for any loss of business incurred due to the failure of any of its services. This includes, but is not restricted to, loss of turnover, sales, revenue, profits or indirect consequential or special loss. Indever offers a service level agreement that will reimburse the client any monies paid to Indever for any failed services, strictly on a pro-rata basis. No other claims will be entertained. Indever will not be held responsible for the fraudulent use, or any other misuse, of any material held on our computers, in particular any Credit Card information held thereon.