Terms and Conditions
General
About Us
Based in Shaldon Devon, ITMDesign design and maintain highly successful websites, as well as intranets, extranets and custom applications.
ITMDesign are passionate about results, and focus on usability, online marketing, and community development to achieve clean, relevant websites that visitors will find easy to use.
ITMDesign's Clients benefit from our web designers' eclectic experience mix of commercial data management, internet marketing, web design and, primarily, our goal to make your website as user friendly and as functional as possible.
Our Contact details are:
ITM Design Limited
Ground Floor
19 Strand
Shaldon
Devon
United Kingdom
TQ14 0DL
ITM Design is registered in England and Wales - Reg. No:06293800. ITMDesign is a registered trademark of ITM Design Limited.
PHONE: 0845 241 3865
FAX: 01626 87 13 78
EMAIL: info [at] itmdesign [dot] co [dot] uk
Company Registration Number 06293800.
Schedule of Work
We work closely with our Clients to ensure that work is complete in a timely fashion. Clients will be constantly updated during the design process and are expected to take an active approach in this design stage to ensure that the Client gets exactly what they want.
Reaching Us
If you need to reach us, please email us using the information above.
Alternatively, you can contact us on:
PHONE: 0845 241 3865
FAX: 01626 87 13 78
Or write to us at:
ITM Design Limited
Ground Floor
19 Strand
Shaldon
Devon
UK
TQ14 0DL
Privacy Policy
ITM Design does not disclose Clients information to third parties other than when order details are processed as part of the order fulfilment. In this case, the third party will not disclose any of the details to any other third party.
Cookies may be used on this site to keep track of your preferences. You can turn off cookies within your browser by going to 'Tools | Internet Options | Privacy' and selecting to block cookies.
Data collected by ITM Design is used to: a. Administer and enhance the site and service b. Monitor customer account status beyond that required for individual purchases
Returns Policy
ITM Design aim to be fair and we offer refunds within 30 days of signing a contract. However, if work has already been completed then that will be deducted from the refund at a rate of £49.00 per hour. If the work completed is greater than the cost of the deposit then you will be charged the difference at £49.00 per hour.
Engagement
Buying a Website
Simply call one of our advisors with a theme and what you want from your website. We will arrange a consultation whereby we discuss your requirements and offer quotations. Upon agreeing upon a price a contract will be signed commissioning us with the work and we will design your site in accordance with your quote and our contract agreement.
If you live outside the UK, a consultation may be arranged via a net meeting.
On engaging ITM Design Ltd as an independent contractor for the specific purpose of designing a World Wide Web site, the Client will grant ITM Design Ltd access to any registry accounts, and authorisation from their Hosting Service to provide ITM Design Ltd with "full access" to the Client's account. If the Client does not have a Hosting Service and/or Domain Name, then ITM Design Ltd will arrange these services on behalf of the Client. The ownership and responsibility of the Hosting Service and/or Domain Name will belong to the Client and the Client will hold harmless, protect, and defend ITM Design Ltd and its subcontractors from any claim, suit, tax, fine, penalty, or tariff arising from the Client's exercise. If the Client chooses to open up a hosting account with ITM Design, they will agree to abide by the terms and conditions of our hosting services; specifically, the Client will warrant to ITM Design that its actions and behaviours shall not infringe upon or violate the rights of any third party or violate any laws.
Warranties
ITM Design warrants to the Client that it has the experience and ability to perform the services outlined on this website; that it will perform said services in a professional, competent and timely manner; that it has the power to enter into and provide these services; and that the provision of these services shall not infringe upon or violate the rights of any third party or violate any laws. However, the Client will not determine or exercise control as to general procedures or formats necessary to have these services meet Client's satisfaction. The Client will warrant to ITM Design that it will provide all materials as required in a professional, competent, and timely manner; that it has the power to enter into a contract on behalf of the Client; and that its provision of materials for any contract shall not infringe upon or violate the rights of any third party or violate any laws.
Web Design Contract Components
- Compatibility
Designing a web site to fully work in multiple browsers (and browser versions) can require considerable extra effort. It could also involve creating multiple versions of code/pages. ITM Design Ltd warrants that the web site we design for you will work in:- Microsoft Internet Explorer versions 6 and up
- Mozilla Firefox
- Safari
- Exposure
ITM Design Ltd will submit the completed Web Design Project to major Web Search Engines. - Design Consultation
One design consultation is included per contract, usually prior to preparation of the proposal. The purpose of this consultation is to discover Client needs and plan the web site design using the Web Design Quote sheet. Additional consultations will be charged at an hourly rate of £49.00 and are not included as part of this contract. These consultations may be in person or by phone, emails are free. - Textual Content
Textual content will be supplied already composed and typed by the Client. The Client may elect to hire ITM Design for copy writing services as a separate contract at a rate of £49.00 per hour. - Photographs
ITM Design Ltd expects that any images provided by the Client for the web site will be of high quality. ITM Design Ltd agrees to make minor corrections to Client-provided images. Photographs will be supplied by Client in digital or print format. Scanning in excess of five photographs per page will be in addition to the price set forth in any contract and will be billed at £5.00 per scanned image. The Client may elect to purchase stock photographs to be used on the web site. ITM Design can suggest vendors of stock photography and will include 5 stock images with any quotation. Time spent by ITM Design searching for appropriate stock photographs will be in addition to the price set forth in any contract and will be billed at an hourly rate of £49.00. - Graphical Content
Each page will contain a company logo if desired by the Client. The logo is to be provided by the Client. The Client may elect to hire ITM Design to design a logo which will be priced accordingly as part of the contract. Typically this will be calculated at an hourly rate of £49.00. Other graphics can include custom designed navigation, buttons, lines, bullets, and rollovers. ITM Design will prepare a draft layout containing proposed custom designed graphics. A maximum of three revisions to the draft layout will be included at no extra cost to create the look and feel that is desired. Further revisions will be billed at the normal hourly rate of £49.00. - Links
ITM Design will add links to external sites and pages when appropriate, at the request of the Client. - Upload
Development of website will take place on the ITM Design server. ITM Design will upload the completed website either to the Client's contracted web hosting account, or a hosting account provided by ITM Design, upon receipt of final payment from the Client. - Minor Updates and Changes
Minor updates and changes to existing web pages are included for up to two weeks following completion of website. Minor updates and changes are defined as updating links and making minor changes to a sentence or paragraph. It does not include removing nearly all the text from a page and replacing it with new text. If the Client or any agent other than ITM Design attempts to update the Client's pages during this time, time to repair the web pages will be assessed at the hourly rate of £49.00 for HTML and £49.00 for programming and is not included as part of the modification time. - Change Orders
Once a contract is signed between the Client and ITM Design, any major changes to the proposed design will require a CHANGE ORDER which will become an addendum to the contract. Major updates and changes are defined as adding additional pages, custom graphics and/or functionality to the site outside of what is outlined in the proposal and initial design layout. - E-mail
Response links to an email address specified by the Client can be included on any page as requested by the Client.
Post-Launch Additions
The addition of web pages, graphics, functionality, photos and any other content after the completion and launch of the website will require a separate proposal and contract.
Maintenance and Hourly Rate
The Client may contract ITM Design to provide maintenance services for the website after the two week minor update period has expired. Maintenance services are available by the hour or by separate maintenance agreement.
Submitted Content
ITM Design will endeavour to meet specified deadlines laid out in the Web Design Quotation Form. The Client will be bound to the dates set out there. Please make every effort to submit completed content and approvals by agreed upon deadlines. ITM Design will not be responsible if target launch date cannot be met due to late submission of materials by the Client.
Web Hosting
The Client understands that any web hosting services require a separate contract with a web hosting service. This can be provided by ITM Design if required. The Client agrees to select a web hosting service which allows ITM Design full access to the web site and cgi-bin directory via FTP. If ASP programming is to be utilized on the Client's site the server will need to be running in an Microsoft XP environment with ASP server extensions properly installed.
Launch Date
ITM Design and the Client will work together to complete the elements of the web site in a timely manner. We agree to work expeditiously to complete the web site by the target date, subject to date of receipt of signed contract and all materials from the Client.
Payment Schedule
Fees to ITM Design are due and payable on the following schedule:
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Payment option (1) - outright payment 1/2 due upon signing a contract Balance due upon completion of web site. |
Payment option (2) - Rental option Setup fee as outlined in the Client quotation, payable upon signing this contract. Further monthly payments as outlined in the Client quotation due on the 1st of each month. Minimum rental period applies. |
All payments will be made in GB pounds sterling. All final payment shall be due on agreed-upon date, regardless of delays by the Client. However, if ITM Design is delayed due to circumstances beyond their control, contract completion and required final payment will be postponed to a new agreed-upon date. At that new date, all fees will be due.
Third Party Consultants and Sub-Contractors
ITM Design reserves the right to contract third party consultants who are known to be fit for the job to enable on-time completion.
Legal Issues
ITM Design does not guarantee that the functions contained in the web pages or the web site will meet the Client's requirements or that the operation of the web site will be uninterrupted or error-free. The entire risk as to the quality and performance of the web site and pages therein is with the Client. In no event will ITM Design be liable to Client or any third party for damages, including lost profits, lost savings or other incidental, consequential or special damages arising out of the operation of or inability to operate this web site and any other web pages, even if ITM Design has been advised of the possibilities of such damages. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.
Electronic Commerce Laws
The Client agrees that the Client is solely responsible for complying with any laws, taxes, and tariffs applicable in any way to the Web Design Project or any other services contemplated herein, and will hold harmless, protect, and defend ITM Design Ltd and its subcontractors from any claim, suit, penalty, tax, fine, penalty, or tariff arising from the Client's exercise of Internet electronic commerce and/or any failure to comply with any such laws, taxes, and tariffs.
Copyrights and Trademarks
The Client represents to ITM Design and unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to ITM Design for inclusion in the web site are either owned by the Client, or that the Client has permission from the rightful owner to use each of these elements, and will hold harmless, protect, and defend ITM Design from any claim or suit arising from the use of such elements furnished by the Client.
Copyright to Web Pages
When final payment is received and web pages are published to the Client's web host account the Copyright to the pages will be as follows: Logos, banners, buttons and other graphics created by ITM Design, for the Client, are owned and copyrighted by the Client. ITM Design is not required to keep or provide Client with native source files used in the creation of these graphics. Content and photographs provided by the Client are owned and copyrighted by the Client or respective owners who have granted use rights to the Client. HTML code and server side and browser side scripting is owned by ITM Design and its licensors and is licensed to the Client for use on this web site only. The Client is not permitted to use these scripts elsewhere or sell them to a third party. ITM Design reserves the right to display and link to the completed web site as part of a web design portfolio. When choosing a rental plan, the site remains under the control "ITM Design Ltd", along with all associated domain names. We reserve the right to withhold all FTP account names and passwords. This does not make ITM Design Ltd responsible for copyright and trademarks as outlined above.
Payment of Fees
In order for ITM Design to remain in business, payments must be made in a timely manner. Payments are due by the dates outlined in this contract or web design quote sheet. Outstanding balances that are 30 days past due will require immediate settlement. ITM Design reserves the right to remove web pages from viewing on the internet until final payment is made. In case collection proves necessary, the Client agrees to pay all fees incurred by that process. This agreement becomes effective only when signed by ITM Design Regardless of the place of signing of this agreement, the Client agrees that for purposes of venue, any contract will be entered into in Devon, England and any dispute will be litigated in Devon, England.
Initial Payment and Refund Policy
A contract becomes binding with an initial payment in the amount of 1/2 of total amount of the contract. If Client halts work and applies by registered letter for a refund within thirty days of date of the contract, work completed shall be billed at the hourly rate stated above, and deducted from the initial payment, the balance of which shall be paid back to the Client. If, at the time of request for refund, work has been completed beyond the amount covered by the initial payment, the Client shall be liable to pay for all work completed at the hourly rate stated above. No portion of this initial payment will be refunded unless written application is made within 30 days of signing this contract.
