Terms And Conditions
Last Revision Date: November 2017
The Client – A company or individual requesting the services of We are Ingenium.
The Company – We are Ingenium & its employees or partners.
General – The Company will carry out work only where an agreement is provided by email, telephone or mail. An ‘order’ is deemed to be a written or verbal contract between The Company and The Client; this includes telephone and email agreements.
Quotes & Contracts – Quotes provided to The Client will be honoured for fourteen (14) days. A new quote will then be provided upon request. Contracts that have been written, but not signed by The Client will only be accepted within fourteen (20) days of the delivery date. A new contract may be drawn up upon request.
Copyright and Ownership – Any ideas, campaign ideas, websites, graphics and any programming code/source files remain the property of The Company. Any scripts, applications, PHP or ASP.Net scripts or software (unless specifically agreed) written by The Company remain the property of The Company and may only be reproduced (commercially or otherwise) or resold with the permission of The Company. The Company cannot take responsibility for any copyright infringements caused by materials submitted by The Client. The Company reserve the right to refuse any copyrighted material unless the copyright owner gives permission in writing.
Supply of Materials – The Client agrees to make available as soon as is reasonably possible to The Company all materials required for completing the work to the agreed standard and within the set deadline. The Company will not be liable for costs incurred, compensation or loss of earnings due to The Client’s failure to meet agreed deadlines.
Acceptance Testing – Once The Company has completed the work outlined in the proposal The Client is expected to fully test any development and/or design work before it is set live. The Client is required to have fully tested the system within twenty (20) working days of acceptance testing notification. Where errors or other issues are found before the site is live, The Company will endeavour to correct these issues within twenty (20) days, to meet the Project Proposal. If acceptance testing is not carried out within twenty (20) days the project will be invoiced for the remaining amount.
Accessibility – All work carried out by The Company for The Client that is used for public consumption will comply to UK and Irish accessibility legislation.
Compatibility – The Company will endeavour to ensure that any development work will function correctly on the server it is initially installed on and in addition that it will function correctly when viewed with the latest two versions of the web browsing software: Microsoft Internet Explorer, Firefox, Google Chrome and Safari. The Company can offer no guarantees of correct functionality with all browser software not mentioned above, unless stated within the project proposal. Any changes required due to a browser version being updated once are chargeable.
The Company may provide additional functionality in newer browsers that isn’t supported in older browsers. This is designed as functionality that adds to the user experience, and The Company cannot be held responsible for malfunctioning websites that relies on functionality that is specific to newer browser versions.
Mobile functionality – The Company will endeavour to provide a correctly functioning website on the latest versions of Safari on iOS and on Android devices running Android through the Chrome Browser, to a minimum screen size of 320px wide.
All mobile enabled sites may have stripped down functionality when viewed on these devices.
Use of work – The Company reserves the right to use, advertise, or link to any work created by The Company for The Client in magazines, newspapers, blog posts, case studies or any other medium that they choose to.
Furthermore, The Company reserves the right to place a link back to their own site in the footer of The Client website and/or a page containing information about The Company. Both of these remain the property of The Company and The Client in no way shall remove, edit or alter the appearance or content of these on their website.
Hosting – Whilst The Company provides a hosting service, no guarantees can be made as to the availability or interruption of this service. The Company 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. The Company will make every endeavour to correct an issue as soon as it arises and within a reasonable time. For example, if one of The Company servers has been unavailable for more than 48 hours, The Company will move affected sites to a new server. The Company reserve the right to refuse to handle in any way material that may be deemed offensive, illegal or in any way controversial, and will terminate the hosting service should the necessity arise.
Search Engine Optimisation – Due to external factors, such as changes to the way search engines rank websites, The Company cannot offer any guarantees regarding the position The Client’s website will achieve. The process of optimising websites itself will generate more traffic and increase visits to The Client’s site naturally. The Company cannot accept liability for any change in rankings, or drop off in the position of The Client’s website due to changes in the algorithms of the search engines or the factors that they use to rank websites. The Company uses ethical techniques when optimising websites and always aim to achieve high rankings for The Client’s website within six months of undertaking the optimisation process. Due to the work involved payment is required in advance and The Company is unable to offer a refund in relation to this type of work. The Company reserve the right to refuse to promote in any way material that may be deemed offensive, illegal or in any way controversial.
Liability of Work – Whilst The Company makes every endeavour to ensure that The Client’s project is free of errors, The Company cannot accept responsibility for any losses arising due to malfunction of the work carried out or any part of it. The Company will not be liable for any losses arising out of a Force Majeure Event. Any additions to proposals provided will be carried out at the discretion of The Company and where no charge is made by The Company for such additions, The Company accept no responsibility to ensure such additions are error free and reserve the right to charge an according amount for any correction to these or further additions. The Company will not be liable or become involved in any disputes between The Client and their clients and cannot be held responsible for any wrongdoing on the part of The Client. For example, disputes regarding content or images that have been provided to The Company for inclusion on the site. The Company 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 Client’s appointed agents.The Company will not be liable for any costs incurred; compensation or loss of earnings due to the unavailability of The Client’s website, email, The Company’s servers, software or any material provided by The Company’s hosting provider and data centre.
Indemnity – The Company liability in relation to any event or series of related events will not exceed the sum of £10,000 or the total amount paid, whichever is least paid by The Client to The Company during the six (6) month period immediately preceding the event or events giving rise to the claim. The excess for a claim is £1,000.
Warranty – After The Client has accepted the work there is a further 60 day warranty period on all development and design work. This excludes Search Engine Promotion and Pay Per Click advertising.
Payment for Work – Unless otherwise agreed in writing, a 50% deposit is required from The Client before any work commences. Upon completion of work and after the acceptance period, The Client will be invoiced for the remaining 50%. The Company reserves the right to request full payment before the start of any project.
Accepted Payment Methods – The Company only accepts payments via Cheque, Standing Order, Bank Transfer or PayPal. If The Client makes payment via a Bank Transfer or PayPal The Client must supply a remittance note within 7 days of payment.
Payment Terms – It is The Company’s policy that any outstanding accounts for work carried out by The Company or its affiliates is required to be paid in full, no later than fourteen (14) days from the date of the invoice unless by prior arrangement with The Company.
Late Payment – If accounts are not settled within fourteen (14) days and The Company has not been contacted regarding the delay, late payment will incur daily interest charged at Bank of England base rate + eight percent (8%) in accordance with The Late Payment of Commercial Debts (Interest) Act 1998. The Client will also be charged a one off late charge fee of £70 for every £1,000 that is outstanding. Non-payment will result in suspension of hosting and email services. A reconnection fee of £65 is payable for suspended accounts. If accounts are not settled within thirty (30) days and The Company have not been contacted regarding the delay all services will be cancelled. The Company’s Solicitors will contact The Client in question, with a view to taking the matter further and if need be to seek payment through legal procedures, and if necessary court summons.
Delivery – The Company do not sell physical products. Electronic products are downloaded at the time of purchase. The Company will upload all projects upon receipt of final invoices.
Refunds – The Company offer a 7-day refund on electronic products. The Company do not offer a refund for custom services or services that have already been used. Refunds or credit notes are issued at the discretion of the company regardless of whether a project has started or not.
Privacy – The Company do not share or sell any of The Client’s details with any third party companies without The Client’s express permission and The Company will only email The Client or contact The Client about work related matters.
Third Party Vendors – Third party vendors may have separate terms of service agreements. The Company cannot be held liable for disputes with third party vendors. The Company cannot be held responsible for lack of functionality or any other aspect of third party services.
Informal procedure – If The Client experiences a problem with the service provided by The Company the matter should be raised directly via email to [email protected] giving sufficient information to locate the material (such as a URL) and clearly outlining the grounds for complaint.
Formal complaints procedure – The formal complaints procedure should only be used where The Client feels that the nature of the complaint is too serious to be dealt with informally, or where a satisfactory conclusion has not been reached after following the informal procedure. A formal complaint should be made in writing to The Company, who will acknowledge receipt and ensure that the matter is looked into as soon as possible.
UK: We are Ingenium, Virginia House, 5-7 Great Ancoats Street, Manchester, M4 5AD
An initial response to any complaint can be expected within three (3) working days of its receipt; a full and considered response to the complaint should be completed within thirty (30) days and any subsequent remedy implemented with the minimum of delay.
If The Client is unhappy about the response from their complaint, in the case of domain issues, please email The Company back and ask for us to escalate the issue to the relevant department.
Domain Abuse – In the case of Domain Abuse, please contact [email protected] with full details about the issue.
Termination of Services – If The Client requires to terminate the project during the course of any work The Client will be responsible for the amount of work already completed. Depending on the amount of work completed at the time of cancellation, this may mean receiving a full refund, a partial refund, no refund, or owing additional fees. In order to protect clients from unintentional service interruption, clients wishing to terminate any services must request the service termination in writing.
Non-Communication – If The Company is unable to communicate with The Client on a project for a duration of at least sixty days (30) by phone or email during the project it will be cancelled without notice and no refund will be issued. The Company will also invoice any remaining sum for the project, which will be due immediately upon receipt of invoice.
Refusal of Service – The Company reserves the right to decline to do business with The Client for any reason.
Changes to Terms of Service – The Company reserves the right to change these terms of service at any time for any reason. The Client will be notified of any change.
Credit Checking – The Company routinely monitors client credit statuses and reports to credit reference agencies the payment behaviours of their accounts.