Design Terms and Conditions Home Services Portfolio Options

By placing an order with www.Design-ITS.com, you confirm that you are in agreement with and bound by the terms and conditions below.

Definitions

The Client : The company or individual requesting the services of www.Design-ITS.com.

Design-ITS: Primary designer/site owner & employees or affiliates.

General

Design-ITS will carry out work only where an agreement is provided either verbally, by email, telephone, mail or fax. An 'order' is deemed to be a written or verbal contract between Design-ITS and the client, this includes telephone and email agreements.

Website Design

While every endeavour will be made to ensure that the website and any scripts or programs are free of errors, Design-ITS cannot accept responsibility for any losses incurred due to malfunction of the website or any part of it.

Design-ITS cannot take responsibility for final proofing of text or website content. The final responsibility for checking the sites functionality and content lies with the client.

The website, graphics and any customised programming will remain the property of Design-ITS.

Any scripts, cgi applications, php scripts, or software (unless specifically agreed) written by Design-ITS remain the copyright of www.Design-ITS.com and may only be commercially reproduced or resold with the permission of Design-ITS.

Design-ITS cannot take responsibility for any copyright infringements caused by materials submitted by the client. We reserve the right to refuse any material of a copyrighted nature unless adequate proof is given of permission to use such material.

Any additions to the original brief will be carried out at the discretion of Design-ITS. Additional work of this nature can be charged for at the rate of $25/hour.

Once an order has been made, the client agrees to provide all necessary information to Design-ITS within the set time frame of the project. In a case where the client has not supplied content within the time frame, thus rendering Design-ITS unable to complete the job, the full project price is payable.

Design-ITS will not be liable for costs incurred, compensation or loss of earnings due to the failure to meet agreed deadlines.

Design-ITS will not be held liable, or become involved in, any disputes between the site owner and their clients and cannot be held responsible for any wrongdoing on the part of a site owner.

Design-ITS will not be liable for any costs incurred, compensation or loss of earnings due to the unavailability of the site, its servers, software or any material provided by its agents.

A deposit of 50% is required with any project before any design work will be carried out. This figure is negotiable for projects exceeding $3500.

Once a website has been designed and completed the final balance of payment is then due in accordance with our payment terms. There are no exceptions to this, i.e If the client decides they no longer want the site, as they have commissioned the work and paid a deposit, they are still obliged to pay for the work that has been done. Non-payment will result in legal action being taken if necessary.

Database, Application and E-Commerce Development

Design-ITS cannot take responsibility for any losses incurred by the use of any software created for the client. While every care has been taken to ensure products are problem free and accurate, the ultimate responsibility lies with the client to ensure that all software is functioning correctly before use.

Any scripts, cgi applications or software (unless specifically agreed) written by Design-ITS remain the copyright of Design-ITS and may only be commercially reproduced or resold with the permission of Design-ITS.

Where applications or sites are developed on servers not recommended by Design-ITS, the client is expected to provide or seek any information, additional software, support or co-operation pertaining to the server required to allow the application to be correctly developed. Where large applications are to be developed, it is the client's responsibility to provide a suitable testing environment which is identical to the final production environment.

The client is expected to fully test any application or programming relating to a site developed by Design-ITS before it is made generally available for use. Where "bugs", errors or other issues are found after the site is live, Design-ITS will endeavour (but is not obliged) to correct these issues to meet the standards of function outlined in the brief.

Compatibility

Design-ITS will endeavour to ensure that any developed/designed site or application will function correctly on the server it is initially installed in and that it will function correctly when viewed with the web browsing software Microsoft Internet Explorer Version 6 and 7, Firefox and to an acceptable level with other Mozilla browsers. Design-ITS can offer no guarantees of correct function with all browser software.

Search Engines

Design-ITS accepts no responsibility for Search Engine ranking for any of its clients websites. Design-ITS has no direct control over these rankings.

Website Hosting

Design-ITS reserves the right to refuse to handle in any way, material which may be deemed offensive, illegal or in any way controversial, and also to terminate the hosting service should the necessity arise. Please see Hosting Terms for additional conditions.

Payment of Accounts

A deposit is required from any new client before any work is carried out. It is the www.Design-ITS.com policy that any outstanding accounts for work carried out by Design-ITS or its affiliates are required to be paid in full, no later than 30 days from the date of the invoice unless by prior arrangement with Design-ITS.

Once a deposit is paid and work completed you are obliged to pay the balance of payment in full. We will contact clients via email and telephone to remind them of such payments if they are not received when due.

If accounts are not settled or Design-ITS has not been contacted regarding the delay, access to the related website may be denied and web pages removed. We will then pass such cases to the Small Claims Court to pursue payment; non-payment can result in county court judgements (ccj's) being added to the client's credit rating.

Following consistent non-payment of an invoice our 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 court summons.

Complaints Procedure

Informal procedure

Anyone who experiences a problem with their web service provided by Design-ITS should raise the matter directly by sending an email, giving sufficient information to locate the material (such as an url) and clearly outlining the grounds for complaint.

Design-ITS will approach the individual responsible for the material in question with a view to resolving the matter to the satisfaction of the complainant.

Formal complaints procedure

The formal complaints procedure should only be used where the complainant 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 Design-ITS, who will acknowledge receipt and ensure that the matter is looked into as soon as possible.

An initial response to any complaint can be expected within seven days of its receipt; a full and considered response to the complaint should be completed within 30 days and any subsequent remedy implemented with the minimum of delay.