The following terms and conditions apply to all services offered by Futect Ltd. By ordering services from Startup Internet, or by using our website you are agreeing to the following terms and conditions.
Web design
Startup Internet reserves the right to refuse to construct a web site which we may judge as unfit due to content or otherwise. This includes, but is not limited to, sites containing adult material such as pornography, sites which promote hatred towards persons belonging to any ethnic group, religion or sexual orientation and sites which infringe copyright or are contrary to UK laws.
Following consultation, a written confirmation e.g. email from a client stating acceptance of a proposed service from Futect at the price quoted, shall be deemed as a contractual agreement between the client and Startup Internet.
Upon acceptance of a proposed service from Startup Internet by the client, the client shall pay to Startup Internet a non-refundable deposit of 25% of the total agreed project cost. Startup Internet will not begin any work until this deposit payment has been received. Upon receipt of this deposit Startup Internet will register the agreed primary domain and provide a holding page and one email account for enquiries. Startup Internet will also begin work on logo or website design at this stage based on the client's brief.
Once the logo and website design has been approved by the client, the client shall then pay to Startup Internet a further 50% of the total agreed project cost. Startup Internet will not begin any programming work on the website until this payment has been received. Upon receipt of this payment Startup Internet will begin creation of the website.
Startup Internet cannot always guarantee to start work immediately on a project but will arrange a date with the client as to when work can commence and agree an approximate timescale for completion of the work.
Startup Internet will deliver the agreed services and materials to the client and will use its best endeavours to ensure that the agreed services and materials are delivered in accordance with the timescale agreed with the client.
All material, both text and images, supplied by the client and used in the construction of the client's website will remain the client's property. All such material will be assumed to be the property of the client and free to use without fear of breach of copyright laws.
The copyright for all material provided by Startup Internet, such as source code, graphics, photographs and text, will remain the property of Startup Internet until such time as payment has been made in full whereupon they will become the property of the client.
Where images have been purchased by Startup Internet on behalf of the client as part of the website design, these images are strictly for use on the website only. Startup Internet is not liable for any misuse of these images by the client or for any copying, altering or distributing of the images to individuals or other organisations which may be undertaken by a third party.
Startup Internet will enable the client to review their website at certain points during its construction. Once the completed website is published onto the internet full payment of the final invoice for the agreed amount must be made by the client to Futect. In case of non-payment of a final invoice Startup Internet reserves the right to remove the website from the internet until the full payment has been received, and to charge an administration fee to re-publish the site.
Startup Internet will use its best endeavours to produce designs that substantially meet the client's specifications. If the client rejects designs produced according to those specifications for aesthetic reasons or if the client changes their original specifications in light of the work produced, Startup Internet reserves the right to charge extra for redoing the work.
If at any point during the website development a client wishes to cancel, they may do so but will be invoiced an amount that Futect judges to be proportional to the amount of work completed on the project.
If, during the website development, the client does not supply the content required in order to complete the project within a reasonable amount of time, as judged by Startup Internet, then Futect will consider that the client wishes to cancel the project.
When the website is considered by Startup Internet to be complete according to the feedback received from the client up to that point, the client will be requested to give final approval to the full website prior to publishing. Once the client has given final approval, Startup Internet will publish the website and from then on any further changes of any kind requested by the client will be subject to an additional charge unless explicitly stated otherwise by Futect in written form.
Once the client's website has been published, the client has 7 days in which to notify Startup Internet of any errors in the site such as a failed link. These errors will be corrected by Startup Internet, where possible within 7 days of notification.
Following publication of the client's website and rectification of any errors identified within 7 days of the date of publication, the client can then expect a level of ongoing support from Startup Internet according to the initial agreement between Futect and the client. Should the level of support required exceed the initial agreement then Startup Internet reserves the right to charge for the additional work.
Following publication of the client's website Startup Internet will under no circumstances be liable for any indirect, special or consequential damages including any loss of business, revenue, profits or data in relation to the client's website.
The client agrees to Startup Internet placing a link at the bottom of the home page of the client's website establishing design and development credit and agrees to the website being included in Futect's portfolio.
Logo design included in the website development cost refers to a simple logo designed as part of the overall website, and will include no more than 3 revisions. If a formal logo design resulting in high definition images for use in other media is required this will be charged additionally.
Flash animation included in the website development cost refers to no more than 3 simple flash movies throughout the website.
Domain Names
Startup Internet will not register any domain until full payment covering this cost has been received. The registration or obtaining of any domain name for the client shall be subject to the relevant terms and conditions of the relevant registrar and shall be subject to any third party claims there may be in respect of trademark, copyright, and/or passing off and the client acknowledges and warrants that it has made all investigations and considered any competing claim there may be to or in respect of the name by third parties whether in the UK or elsewhere.
Hosting
Startup Internet reserves the right to sub-contract hosting services and may change this sub-contractor without giving notice. Startup Internet does not guarantee continuous service and will accept no liability for loss of service, whatever the cause. Startup Internet may change the type of hosting account used for a client whose site uses an unusually high level of bandwidth. If additional fees become payable, Startup Internet will give the client 30 days notice. Futect will not guarantee to host any site that causes detriment to the operation of any other sites or systems. Startup Internet may refuse to host sites including but not limited to the following content: obscene or offensive material, games, mobile phone tones or logos, celebrities, sites with webcams, websites owned by anyone under the age of 18. Spamming or any type of unsolicited email and any introduction of malware, viruses and illegal scripts is strictly prohibited.
For hosting and maintenance in year 2 and beyond, a monthly fee is payable by the client to Startup Internet, as indicated in the pricing information. If the client wishes to move their hosting elsewhere, no fee will be payable by the client if the monthly hosting fees were paid up front for the year (including the discount offered) and no money will be reimbursed to the client by Startup Internet for the remaining period of the year. However if the hosting fees are being paid monthly by the client then upon changing host, the client will cease payment of the monthly fee and there will also be an administration charge payable by the client to Startup Internet to cover the transfer of the files to the new host.
Emails
Startup Internet will set up email accounts associated with the client's domain/website according to the client's specification. The primary email account(s) associated with the client's domain/website (usually info@ or enquiries@), as well as any contact forms on the website will be checked by Startup Internet upon publication to ensure that they are working properly. Thereafter, any email problems arising must be reported to Startup Internet by the client at the earliest opportunity, whereupon Startup Internet will endeavour to resolve the problem, or advise the client on how to resolve the problem, as soon as possible (usually within 48 hours). Startup Internet accepts no responsibility whatsoever for any loss of business claimed to be due to problems with email functionality.
In order to test that email accounts and website contact forms are working properly, and/or to resolve any email problems reported by the client, Startup Internet may find it necessary to access emails and email accounts associated with the client’s domain/website. Under such circumstances Startup Internet will treat clients’ email details with the utmost confidentiality.
Google Adwords Services
Where Google Adwords services are supplied, the details of the campaign (such as specific keywords and adgroups used) and the expertise of Startup Internet in maintaining and optimising the effectiveness of the campaign will remain confidential to Futect and will only be shared with the client as Startup Internet deems necessary.
For campaign maintenance and optimisation in month 2 and beyond, a monthly fee is payable by the client to Startup Internet, as indicated in the pricing information. The client may request to pause or discontinue the campaign at any time and no fee will be payable by the client during the time that the campaign is paused or once it is discontinued. Should this occur before the end of the month for which fees have already been paid, no money will be reimbursed to the client by Startup Internet for the remaining period of the month.
The monthly fee charged by Startup Internet for Google Adwords services does not include payment to Google for clicks received by the client via the Adwords campaign. Such Pay Per Click charges are paid by the client directly to Google in addition to the monthly fees payable to Startup Internet.
Payment
All prices quoted are in British Pounds (GBP) and are exclusive of VAT unless otherwise stated. VAT is charged at 17.5%.
Startup Internet expects payment by online bank transfer, cheque or credit card within the time frame stated on the invoice.
Any payment returned by the bank or credit card company will incur a £100 administration charge. This will be invoiced and will be added to the total outstanding debt owed by the client.
Startup Internet reserves the right to alter prices at any time without notice. If a client has commissioned any services from Startup Internet prior to a change in prices, that commission will not be subject to any increase, but any subsequent commission may be subject to an increase.
General
By agreeing to these terms and conditions your statutory rights are not affected.
Startup Internet reserves the right to change or modify any of these terms and conditions.
This document was last updated on 10th September 2007. |
