Terms and Conditions
These are the terms and conditions you agree to abide by when using services from Individual Web Design:
This contract is subject to English Law and the exclusive jurisdiction of the English Courts.
"Individual Web Design ", "Us" and "Our" - mean Individual Web Design.
Client - means the company or body that places an order with Individual Web Design and therefore agrees to abide by these Terms and Conditions. Individual Web Design is a UK Marketing Company which supplies Email Marketing Software, Content Management Systems and Search Engine Optimisation, bespoke software development and services for design & marketing agencies.
The lack of a common computer language on the Internet means that there may be a difference in appearance and performance depending on which browser is used. In addition, the settings of individual computers will also affect the appearance of a web site on screen.
Individual Web Design will do everything in its power to maximise access and uniformity, but cannot be held responsible if some computers are unable to view the site or the sites final appearance on screen.
Individual Web Design may indicate the Web site was created and supplied by Individual Web Design with a small line of text and graphic plus a link on the Client's Web site.
By placing an order the Client declares his right to reproduce all materials that the Client supplies. Any resulting violation of copyright and action brought by a third party will be the liability of the Client alone.
The copyright for all advertising, designs, text and slogans produced by Individual Web Design shall be retained by Individual Web Design. The Client is granted a license to reproduce such items solely for the purpose it was originally intended. It is for one time use in the U.K. only.
Individual Web Design may grant a license for other purposes subject to payment of a further fee. The limited license hereby granted is contingent upon Individual Web Design having received full payment for all work. No reproduction or publication rights are granted until all sums are paid.
Individual Web Design reserves the right to indicate that material was produced by Individual Web Design with a small line of text on each item and to use details of the advertising, public relations, direct marketing or Internet campaign in promotional material.
The following are trade marks of Individual Web Design: motif displayed on this website.
Every effort will be made to ensure good reproduction of all advertisements, printed matter and photographs. However, the limitations of the four colour printing process and other processes, plus the quality of material and urgency of supply, may affect the finished item. Proofs will be supplied wherever possible, but in many cases the final result may be out of Individual Web Design's control.
RESERVATION OF TITLE:
Individual Web Design retains the title to the goods until all amounts due from the Client are paid. In the event of the Client being unable or unwilling to pay his debts, Individual Web Design may enter the Client's premises and recover the goods which are its property by virtue of this clause.
Any goods rejected as not complying for whatever reason with an order must be so rejected in writing within 14 days of receipt or publication. Goods damaged in transit must be kept in their original packaging for inspection.
Individual Web Design is proud of its reputation for careful handling of client's property, however we cannot accept responsibility for any loss or damage. Clients are advised to take their own insurance cover.
Individual Web Design is not liable for any breach of Contract that is beyond its reasonable control including; Acts of God, Fire, lightning, explosion, war, disorder, acts of central or local government, industrial disputes, floods or other extreme weather conditions.
All invoices are due for payment 30 days from date of invoice. Failure to pay on time may result in Individual Web Design withholding supply or publication of existing and future work, and adding compound interest @ 5% above the Santander Bank base rate per month.
In accordance with terms generally accepted within the industry, certain items need to be pre-paid (e.g. postage for direct mail campaigns and work relating to exhibitions).
All queries regarding invoices supplied by Individual Web Design must be made within 14 days of receipt.
VAT and other taxes will apply at the prevailing rate where applicable.
Failure by Individual Web Design to insist upon strict performance by the Client in accordance with these Terms does not in any way lessen or affect the liability of the Client under this agreement.
These Terms & Conditions are governed by the law of England and Wales and may not be varied except by agreement in writing. These Terms & Conditions apply to all orders received by Individual Web Design and override any terms stipulated by the Client at any time.
These are the terms and conditions you agree to abide by when using Individual Web Design Webspace:
A. Definitions in this agreement
1. "Charges Schedule" means the schedule of charges for the Service which is made available to you from time to time
2. "The Internet" means the global data network comprising interconnected networks using Transmission Control Protocol/Internet Protocol
3. "Service" means the Service provided by 16 Interactive whereby you may gain access to the Internet via the telecommunications network and, where applicable, any services and facilities provided by 16 Interactive for you in connection with the Service and which are set out in the Charges Schedule;
4. "User" means you, the person entering into this Agreement with Individual Web Design
B. Individual Web Design will:
1. provide high standards of customer support, answering calls during normal office hours;
2. provide sufficient access servers to ensure a high standard of connectivity to the Service;
3. ensure that original content created by or for Individual Web Design and offered through the Service meets normal professional editorial and publishing standards;
4. keep any personal information given by the User to 16 Interactive confidential and not pass it to third parties other than its duly authorised contractors without permission;
5. Ensure that its duly authorised contractors keep any personal information given by the User confidential.
6. provide all services as detailed in the original offer as "free" at no cost to the User and will promptly invoice the User for any chargeable services that they have agreed to purchase.
Additional Limitations/Disclaimer of Liability.
Individual Web Design is not liable for protection or privacy of electronic mail or other information transferred through the Internet or any other network Individual Web Design or its customers may utilise.
Individual Web Design does not represent or warrant to User that User will receive continual and uninterrupted service during the term of this Agreement. In no event shall Individual Web Design be liable to User for any damages resulting from or related to any failure or delay of Individual Web Design to provide service under this Agreement if such delays or failures are due to strikes, riots, fire, inclement weather, acts of God, theft or vandalism or other causes beyond Individual Web Design control, as defined by standard practices in the industry. Such failure or delay shall not constitute a default under this Agreement. Individual Web Design does not accept any responsibility for the use or publication of the domain name until such a time as the domain name has been activated and tested on the internet. Individual Web Design reserves the right to use our judgment in the interpretation of the design of Internet pages in relation to the material that we receive from the User.
C. The User will:
1. be responsible for interoperability between their PC, their modem and the public telephone service;
2. pay on demand the charges for any chargeable service that they have agreed to. Individual Web Design reserves the right to make an administration
charge of £15 for each correspondence in relation to overdue payments. And the User agrees to make such payments should on demand should they not pay for chargeable services in the time period as agreed on the initial contract or invoice
3. Individual Web Design reserves the right to withhold or prevent the release of domain names should the client default on their account. All services remain under the control of Individual Web Design until the account is paid in full;
4. remain liable for any charges for the Service even if the User is unable to access the Service unless this is wholly attributable to Individual Web Design negligence or willful default or omission.
5. not use the Service to send or receive material which is offensive, abusive, indecent, obscene, fraudulent, criminal, menacing, libelous, in breach of confidence, copyright, privacy or any other rights or in a manner which causes annoyance, inconvenience or needless anxiety; and will not distribute unsolicited commercial messages, otherwise known as spam, through the Service.
6. not hold Individual Web Design or any of its third party contractors liable in relation to the accuracy, reliability, availability and performance of resources accessed through the Internet which, the User acknowledges, are beyond the control and are not in any way warranted or supported by Individual Web Design or its third party contractors;
7. use the Service entirely at the User's own risk;
8. comply with any proper use policy regarding the Service that Individual Web Design notifies to the User from time to time.
9. Individual Web Design reserves the right to withhold or prevent the release of domain name(s) should the client default on their account. All services remain under the control of Individual Web Design until the account is paid in full.
10. All domains and hosting accounts will be automatically renewed. Please confirm in writing 30 days before the renewal to cancel the account. No accounts can be cancelled after they have been invoiced, unless done so in error by Individual Web Design.
D. Software and content
1. Intellectual property rights in all software and content supplied to the User remains the property of Individual Web Design or its licensor or other content owner. The User will comply with the terms of any agreement required by the owner of intellectual property rights in all software and content supplied to the User as notified to the User.
2. The User may use software supplied by Individual Web Design on any single computer and on a second computer provided that the first and second computers are not used simultaneously and may make one copy of such software only for archival or back-up purposes and provided that any copy contains all of the original software's proprietary notices.
3. The User shall not modify, translate, reverse engineer, decompose, and disassemble except to the extent that applicable laws specifically prohibit such restriction or create derivative works based on any software supplied by Individual Web Design or any documentation accompanying such software.
4. Individual Web Design not shall be liable for any direct, indirect, incidental, special, consequential or other damages arising out of use of the Service or inability to use the Service or out of any breach of any warranty.
5. Individual Web Design excludes where it is legally able to do so all implied warranties including warranties of fitness for purpose satisfactory quality and non-infringement of third party intellectual property rights.
6. The User shall comply with the terms and conditions of use in relation to the software provided with the Service, and with any applicable export or re-export laws and regulations, including obtaining written authority from the USA Government if the User intends at any time to re-export any items of USA origin to any proscribed destination.
7.Individual Web Design hereby excludes all liability for the accuracy or inaccuracy of any information or data transmitted through the Service, or the sending or receipt or failure to send or receive any information, data or software.
8. Individual Web Design maximum aggregate liability in arising out of, or in connection with, this Agreement shall be limited in respect of any one event or series of two or more connected event to an amount equal to the cover provided to Business Serve under policies of insurance.
9. Each provision of this Agreement excluding or limiting liability shall be construed separately, applying and surviving even if for any reason one to other of those provisions is held inapplicable or unenforceable in any circumstances and shall remain in force notwithstanding the termination or expiry of this Agreement.
E. Notices, default, exports and laws
1. Notices given under this Agreement shall be delivered by hand or sent by prepaid first class post or electronic mail in the case of either party.
2. If the User is in breach of any of the terms of this Agreement Individual Web Design may terminate this Agreement and the Service by immediate notice or may suspend a part of the Service.
3. Individual Web Design may otherwise terminate this Agreement by giving the User not less than one month's prior written notice to termination.
4. Individual Web Design may amend this Agreement from time to time by giving the User as much notice as is reasonably practicable in the circumstances.
5. The Agreement is subject to the laws of England and the user submits to the exclusive jurisdiction of the English courts.
Terms and Conditions of Individual Web Design Webspace Provision
16 Interactive pursues a policy of improvement and development to its services. These conditions are subject to change without notice. The information contained herein is correct at the date of publication; however, it may be subject to revision and the service may be modified, supplemented or withdrawn.
1.Individual Web Design Webspace usage is limited to 20 megabytes of space. Additional space may be purchased.
2. Individual Web Design Webspace is cancelable after prior written confirmation of one month, subject to the mandatory 12 month minimum contract period
3. Individual Web Design will provide a suite of CGI scripts for user use. Individual Web Design may refuse to accept use of user written CGI scripts
4. Support for the service does not include HTML authoring or page design or for the installation and configuration of the Users own CGI scripts.
5. Users are responsible for retaining copies of their files. Individual Web Design does not guarantee to keep backups of your data and will not be held responsible for any loss of data.
6. A warning page must be displayed before any material liable to offend is displayed.
7. Users will be held responsible for and accept responsibility for the content of their part of Individual Web Design Webspace.
8. Users may not "sell on" Individual Web Design Webspace to third parties. However users may use their Individual Web Design Webspace to advertise for example their own business or a charity.
9.Individual Web Design reserves the right to suspend the service in any cases where the Individual Web Design Webspace service is used contrary to the provisions of The Telecommunications Act 1984 (as amended by the Criminal Justice and Public Order Act 1994) in particular where the service is being used: for the distribution of any material which is defamatory, offensive, abusive or of an obscene or menacing character, or in connection with the carrying out of an criminal act; or in a manner which constitutes a violation or infringement of the rights of any person, firm or company (included but not limited to rights of copyright or confidentiality).
10. Individual Web Design reserves the right to stop serving the pages of a user who alone or acting together in a parallel manner with others jeopardises the efficient operation ofIndividual Web Design Webspace for other users.
11. Individual Web Design will not be held liable for any loss however occasioned as a result of any part of the Individual Web Design Webspace service.
12. Individual Web Design hereby excludes all liability for the accuracy or inaccuracy of any information or data held on theIndividual Web Design Webspace machine and accepts no liability for loss of data or other matters whatsoever which result from use of the Individual Web Design Webspace service.
13. Individual Web Design reserves the right to remove, suspend or alter any or all of the Individual Web Design Webspace functions without warning or notice. This may include removing users' material.
14. If a user no longer holds an account with Individual Web Design, their data will be withdrawn and deleted.
15. By using the service, users are deemed to have agreed to and accepted these Terms and Conditions.
16. These conditions are in addition to the standard Individual Web Design Terms and Conditions and your attention is drawn to section 3 of those terms.
17. Any decision in relation to this Individual Web Design Webspace service made by Individual Web Design is final.
Refunds on unused service periods are available subject to the following terms and conditions.
1. Refunds will not be issued for those who break our Terms and conditions and Acceptable User Policies.
2. Domain names are non-refundable.
3. SSL certificates are non-refundable.
4. Dedicated Servers are non-refundable.
5. Co-location services are non-refundable.
6. Any setup fees incurred are non-refundable.
7. Customers will receive a full refund for all services if notice of the cancellation is received up to 14 days from the initial receipt of the service. Excluded from this are the non-refundable items listed above.
8. Expired email credits are non-refundable (pay monthly)
9. Unused email credits are non-refundable (pay as you go and pay monthly)
10. We issue refunds by the following methods:
BACs (Bank Transfer)
FAIR USE FOLICY:
Individual Web Design will, at their sole discretion, provide unlimited web pages, in accordance with our monthly charge structure, should exeptional circumstances arise from the number of pages required, additional resources may be required, at which point a limit may be imposed, or further charges may apply.
Individual Web Design will deliver all items electronically. Invoices over £500.00 will also be posted to the registered address.