Upon appointment of Internet Mentor Limited you are bound by the following Terms & Conditions.
DEFINITIONS
The Client : Also referred to as you, the company, business or client, authorised representative of the client, or individual requesting the services of Internet Mentor Limited.
Internet Mentor Limited: Also referred to as ‘I’, ‘Our’ and ‘We’, the primary designer/service provider & employees or affiliates.
The Project: Internet Mentor Limited will issue you with a proposal via email outlining our interpretation of your brief, the scope of works, work method, deliverables and limitations of service. For the purposes of this document, The Project may also be titled ‘Work’, ‘Proposal’, ‘Quote’ or ‘Estimate’.
1. ACCEPTANCE – Acceptance of the estimate/proposal Internet Mentor Limited provides you with is deemed acknowledgement and agreement to the following terms and conditions. Fixed Fee components of estimates are firm for 30 days from the date of proposal. Estimates not accepted within that time may be subject to adjustment.
2. PAYMENT – This proposal will remain valid for 30 days from the date of posting. After this time, all quoted figures may be subject to revision.
All Internet Mentor Limited accounts are subject to our Terms of Payment as set out below. All invoices are subject to payment within 7 days of issue.
Payment is to be made to our nominated bank account as notified on the invoice. Payment date by bank transfer will be date of value into receiving bank account. Date of receipt of valid cheque will be recognised as payment date unless subsequently dishonoured. If payment is not made when due Internet Mentor Limited, or its appointed collection agents, may, without prejudice to its other rights, charge interest at the rate of 2% above the base rate of NatWest Bank PLC on any amount you fail to pay from the date when payment was due until the date of actual payment. Should Internet Mentor Dorset Management refer your account to a collection agency (which may be an associated company of Internet Mentor Limited management or firm of solicitors or other agency), then Internet Mentor Limited Management will also add a referral fee to the amount owing. The current referral fee is £200 (+VAT, if applicable). Internet Mentor Limited also reserves the right to continue to add late payment charges, monthly, at the increased rate of 3.5% of the outstanding balance or £15 per month (whichever is higher), until payment is received for the outstanding debt. Late payment charges will be levied after, as well as before any judgment if court proceedings for recovery are instituted. You, The Client, are responsible for all payments to services that are engaged and agreed in the process of the work undertaken with Internet Mentor Limited.
3. CONFIDENTIALITY – Internet Mentor Limited may ask you for passwords and details in order to fulfil the requirements of the Project. Internet Mentor Limited undertake not to misuse any confidential information that may be made available to us. The client agrees not to disclose the fees charged by Internet Mentor Limited. The Client is responsible for keeping confidential, any passwords and usernames issued to them by Internet Mentor Limited.
4. EXCLUSIVITY – Internet Mentor Limited do not work on an exclusive basis unless this has been specifically negotiated.
5. DEPOSIT – A 50% deposit of the total fee payable under our proposal for The Project is due before work commences. At the discretion of Internet Mentor Limited, the remaining amount will be due in accordance with the project stages outlined in your proposal. We reserve the right not to commence any work until the deposit has been paid in full.
6. MODIFICATIONS & ADDITIONAL/OPTIONAL/RECOMMENDED SERVICES – Any modification or alteration which increases the time to complete a design (beyond the proposed and stated deliverables) may result in supplementary charges. You will be notified when moving into additional design time and will be charged for at our quoted hourly rate OR at the fixed fee attributed to that service. If your proposal or estimate contains items marked Additional, Recommended or Optional, you will be charged for these in addition to the total of base deliverables stated.
7. DISBURSEMENTS & OUT OF POCKET EXPENSES – Fees for Internet Mentor Limited’s professional services do not include outside purchases such as, but not limited to, web hosting and domain services, themes and addons, widgets and plugins, printing, photography, stock imagery, colour printouts, illustrations, shipping and handling or courier service unless specifically included in any proposal you have accepted. Expenses are itemised on each invoice. If consultant, training or supervisory services are required in out-of-town locations, we will bill accommodation, meals, and transportation at cost. Reimbursement for mileage is calculated at current allowable rates.
These items will not be accrued without your prior knowledge. Anticipated disbursements will be itemised in The Proposal.
8. TIME – Fees estimated in this proposal are done so for the purpose of budgeting. The costs are generated from experience based on similar projects. Fees are subject to change. Should there be any additions or alterations to the brief, Internet Mentor Limited will keep the client informed of both work and fee status during the design and production program. If The Client does not provide expected information or respond to Internet Mentor Limited in a reasonable amount of time, the timelines for the project may be affected. Internet Mentor Limited cannot be held liable for any loss or damage resulting from such estimated time periods not being met.
9. CONSULTATION – Where required, milestone meetings/calls/training sessions will be costed into each stage as itemised in The Proposal. Should additional meetings be requested or special presentations required, these will be charged at the hourly rate and reflected on the invoice. You will be notified if a meeting or call is in excess of the anticipated project scope.
10. PROJECT DELAYS AND CLIENT RESPONSIBILITY – Internet Mentor Limited will let you know of any required information/copy/imagery/services etc upon The Project proposal being accepted. Any time frames or estimates that we give are reliant upon you providing Internet Mentor Limited with accurate and timely information and materials. During development there is a certain amount of feedback required in order to progress to subsequent phases. It is required that a single point of contact be appointed from your side and be made available on a reliable basis in order to expedite the feedback process. You must supply all materials and information required by us to complete the work in accordance with any agreed specification. Such materials may include, but are not limited to, photographs, written copy, logos and other printed material. Where there is any delay in supplying these materials to us which leads to a delay in the completion of work, we have the right to extend any previously agreed deadlines by a reasonable amount.
11. COMMUNICATION – Once payment has been received and The Project has commenced, you must be available via e-mail, able to answer all questions and complete tasks throughout the design process. If you need to discuss details of your drafts by phone, please let us know with anticipation to make the proper arrangements.
12. NATURE OF COPY – The Client agrees to exercise due diligence in its direction to us regarding preparation of materials and must be able to substantiate all claims and representations. You are responsible for all trademark, servicemark, copyright and patent infringement clearances. You are also responsible for arranging, prior to publication, any necessary legal clearance of materials we prepare. Internet Mentor Limited will not be held liable for any legal infringements as a result of artwork being distributed or published under client direction.
13. 13. Intellectual Property / Copyright – It is agreed that the copyright to the entire site which is under the control of the developers will belong to the business owner on completion of the site and following final payment for the work completed, this must include the design, technical integration, database and other proprietary software purchased or developed that enables the site to function in its entirety. This means that your website belongs to you, the business owner, and should you choose to move it to another developer you will be able to with the minimum of disruption. Any images used for your website will be purchased or created specially and any licenses retained with Internet Mentor on your behalf.
14. 14. Exceptions to Intellectual Property Rights and Copyright are those that reside in any proprietary systems used by the website, such as the shopping cart and wordpress.com. WordPress.com can however be exported and set up on a separate hosting agreement should this be deemed necessary.
15. 15. However, this does not grant the business owner the right to transfer the design to any other business or website. The site design must only be used in conjunction with the website it was intended for.
16. 16. ARTWORK APPROVAL, ERRORS AND OMISSIONS – Internet Mentor Limited will take all reasonable care to check proofs carefully for accuracy in all respects, ranging from spelling to technical illustrations. However, is it considered the clients responsibility to check all artwork carefully before final sign off on the artwork approval sheet. Internet Mentor Limited is not liable for errors or omissions once this sheet is signed. Your signature (or electronic recognition) or that of your authorised representative is required on all illustrations or artwork prior to release for printing or other implementation.
17. WEBSITE DESIGN & DEVELOPMENT – Internet Mentor Limited utilises third party services and open source technology for web design and development projects. Whilst every endeavour will be made to ensure that the website and any scripts or programs are free of errors, Internet Mentor Limited cannot accept responsibility for any losses incurred due to malfunction, the website or any part of it. Internet Mentor Limited cannot be held responsible for problems or additional costs arising due to any errors made by third parties, or failure to maintain a current backup of your own website.
18. RIGHTS OF ACCESS FOR WEBSITE DEVELOPMENT – The client agrees to allow Internet Mentor Limited all necessary access to computer systems and other locations, as required, in order to complete a website project, including the necessary read/write permissions, usernames and passwords.
19. WEBSITE HOSTING, DOMAIN REGISTRATION & OTHER THIRD-PARTY SERVICES – Internet Mentor Limited does not offer hosting or domain name registration unless it has been specifically agreed in The Proposal. If you ask for a recommendation, Internet Mentor Limited will offer you the names of businesses who provide such services. While all reasonable care will be taken when recommending hosts and service suppliers, Internet Mentor Limited will not accept responsibility for any product failure or consequent production losses. This includes, but is not limited to, your site not being online, service interruptions, limitations of these services, security breaches & loss of date. The Client is encouraged to research their hosting solution to ensure the service will suite their individual/business needs.
20. WEBSITE CONTENT APPROVAL – Internet Mentor Limited will encourage you to review your content and functionality before putting it live.
Internet Mentor Limited is not liable for errors or omissions once you have approved the site to go live.
21. WEBSITE SUPPORT PERIOD – You will receive email support for 14 days after your site is deployed (put live) or in accordance with the terms of the agreement set out in the original project proposal. Internet Mentor Limited encourages you to use this time to carefully, and, in the case of a WordPress site, load your information and process several test entries to become familiar with your new design’s functionality. After 14 days, there will be a charge for support if you have not previously purchased a monthly website maintenance contract from us, depending on the frequency and complexity of your questions/edits. The support period is limited to the trouble shooting and fixing of items/content/functionality as specified in the initial proposal. Support or additional training requirements will be considered new work and invoiced at the applicable rate.
22. WEBSITE TRAINING – Internet Mentor Limited offers Website Training for local businesses as an additional service. Unless outlined in The Project proposal, or specifically requested as part of the process, WordPress and other software training is not included. This service is available at an additional cost.
23. 3RD PARTY PRODUCT LICENCES – Internet Mentor Limited offers services which often incorporate the use of 3rd party services and products. Internet Mentor Limited may install these products on to your site utilising a developers license. In these cases, if you wish to terminate your engagement with Internet Mentor Limited but wish to maintain use of these licensed products or services, Internet Mentor Limited will notify you of the licensing terms and give you an option to purchase an independent license for your site to continue using it/them.
24. SEARCH ENGINES – Internet Mentor Limited does not guarantee any specific position in search engine results for your website. Where stated in The Project proposal, we can perform basic search engine optimisation (SEO) according to current best practice using third-party supplied tools. The website design will work within the following parameters: The website would be accessible to search engine spiders and be coded with good on-page search engine optimisation. All URLS used within the site are to be search engine friendly.
25. CROSS BROWSER COMPATIBILITY – Websites created by Internet Mentor Limited will be viewable in the latest versions of Microsoft Internet Explorer, Mozilla Firefox, and Safari. If you opt out of the ‘Cross Browser Testing’ section of the proposal, we cannot guarantee error-free viewing in any specific browser. Compatibility is defined herein as all critical elements of each page being viewable in the latest versions of these browsers. The Client is aware that some Internet technologies may require a more recent browser version, operating system, and brand or plug-in. We are not responsible for browser compatibility errors 14 days after installation.
Unless clearly requested as part of The Project brief, compatibility on phones, tablets and other mobile devices is not guaranteed.
26. 26. ACCESSIBILITY – In the UK the Disability Discrimination Act (DDA) requires that a website owner makes a reasonable effort to ensure that any service provided is accessible to disabled people. Therefore, this site must comply with the standards of accessibility contained in W3C WAI (World Wide Web Consortium Web Accessibility Initiative) level A Guidelines.
27. VALID CODE – All code on the site should validate to W3C (World Wide Web Consortium) specifications.
28. PROPERTY & SUPPLIERS PERFORMANCE – Internet Mentor Dorset Limited shall not be liable for any loss or damage arising from, or in any way connected with the clients’ use of our reports, products, training, consultation meetings or any information contained or derived from them.
This includes, without limitation, any damage for loss of profits, loss of information, or any other monetary loss. Although reasonable care will be taken when recommending manufacturers, services and suppliers, responsibility cannot be accepted for any product failure or consequent production losses. Internet Mentor Limited will take all reasonable precautions to safeguard the property you entrust to us. In the absence of negligence on our part, however, we are not responsible for loss, destruction or damage or unauthorised use by others of such property. We will use our best efforts to ensure quality and timely delivery of all printed. Although we may use our best efforts to guard against any loss to you through the failure of our vendors, media, or others to perform in accordance with their commitments, Internet Mentor Limited is not responsible for failure on their part. If you select your own vendors, other than those recommended by us, you may request that we coordinate their work.
If at all possible, we will attempt to do so, but we cannot in anyway be held responsible for quality, price, performance or delivery.
29. CANCELLATION – Should the project be postponed or cancelled by the client, then the client shall be liable for our fees, costs and expenses up to the time Internet Mentor Limited are notified in writing of such cancellation.
30. LIABILITY – Our liability for any alleged negligence in our design and digital involvement shall not in any event exceed the amount of the fees charged to or paid by the client. In any event, Internet Mentor Limited will not be liable in any way for the consequential damage which may be caused as a result of any alleged negligence. Internet Mentor Limited cannot be liable for poor performance if the client does not carry out all of the recommendations and advice given to the client by Internet Mentor Limited, either written or verbal. Any case studies, examples, illustrations given by Internet Mentor Limited in any document or webpage cannot guarantee that you will achieve similar results. In fact, your results may vary significantly and factors such as your market, website and many other circumstances may cause results to differ.
31. REFUNDS – Internet Mentor Limited do everything possible to satisfy the Client’s needs, but if a refund is requested, The Client will have to pay for all requested revisions beyond the initial designs. The remaining amount will be refunded to the client depending on how the payment was made.
The Client agrees not to use any sighted revisions as they remain the property of Internet Mentor Limited. Negotiations for full refunds will not be accepted. As clearly stated, all clients are asked to read and agree to these terms of service prior to the commencement of any project.
32. PROJECT OWNERSHIP – Final flattened artwork files designed by Internet Mentor Limited on behalf of the client may be transferred to the client after payment, unless otherwise specified by Internet Mentor Limited.
This does not include code or software. Copyright on all software and code remains the property of Internet Mentor Limited or its otherwise respective owner. Requests for layered artwork will be considered but please note the copyright of all original work remains with Internet Mentor Limited.
33. INTERNET MENTOR LIMITED PORTFOLIO – The client agrees to share all non-confidential information regarding work carried out by Internet Mentor Limited to assist in a case study for promotional purposes and research purposes. This promotional activity will not prejudice the client in any way. You may also be asked to fill in a questionnaire with the option to include a testimonial paragraph for the Internet Mentor Limited website. You are under no obligation to do so but your feedback is always appreciated.