Imagefix Ltd Terms and Conditions
The following terms and conditions apply to all website and e-marketing services offered by Imagefix Ltd. By ordering services from Imagefix Ltd you are agreeing to the following terms and conditions.
- We reserve the right to refuse to construct a web site, e-campaign or web banner which we may judge as unfit due to content or otherwise. This includes, but is not limited by, products containing adult oriented 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.
- The acceptance of a proposal shall be deemed as a contractual agreement between the client and Imagefix Ltd. On acceptance of a proposal, 50% of the contract value will be invoiced and remaining 50% upon completion.
- Imagefix Ltd cannot always guarantee to start work immediately on a commission but will arrange a date with the client as to when work can commence.
- Invoices are normally sent by email. You may request a faxed copy or a “hard copy” by post. Invoices are due as per our terms as explained our invoices. Accounts remaining unpaid thirty days after the invoice date will attract a service charge of 1.5% monthly and a £5 minimum processing fee. If payment is not received within a further seven days, the responsibility for recovery of the money will be transferred to a debt recovery agency and recovery costs will be applied.
- Accounts unpaid thirty days after the date of invoice will be considered in default. We will, at our discretion, remove the website files from the web server and will not be held responsible for any loss of data incurred. Removal of such material does not relieve you of the obligation to pay any outstanding charges. Cheques returned by the bank as unpaid for any reason will attract a “returned cheque” charge of £25 and your account will immediately be considered to be in default until full payment is received. Customers with accounts in default agree to pay us reasonable expenses incurred by us in enforcing these Terms and Conditions, including but not limited to legal fees and costs for collection by third-party agencies.
- All material, both text and images, supplied by the client and used in the construction of the client’s job, 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 Imagefix Ltd, such as HTML code, graphics, photographs and text, will remain the property of Imagefix Ltd until such time as payment has been made in full whereupon they will become the property of the client.
- Imagefix Ltd will place footer text linked to the Imagefix Ltd website on to all websites created by Imagefix Ltd unless expressly agreed prior to contract. This linked text may not be removed and must remain in place at all times. Any removal of such link will place the client in breach of our terms.
- Imagefix Ltd makes every effort to design pages which display acceptably in the most popular current browsers, but cannot accept responsibility for pages which do not display acceptably in new versions of browsers released after pages have been designed.
- If a client wishes Imagefix Ltd to promote a web site as a separate commission, Imagefix Ltd will make every reasonable effort to promote the website effectively but cannot guarantee high placings in search engine results.
- Imagefix Ltd can accept no responsibility or liability if any search engine, online directory or search site, submitted to as part of a web site promotion commission, chooses not to list a client’s web site.
- If at any point during the Development Cycle a client wishes to cancel, they may do so but will be invoiced an amount that Imagefix Ltd judges to be proportional to the amount of work completed on the commission.
- If, during the Development Cycle, the client does not supply the content required in order to complete the commission within a reasonable amount of time, Imagefix Ltd will consider that the client wishes to cancel the commission.
- Any payment returned by the bank or credit card company will incur a £25 administration charge. This will be invoiced and will be added to the total outstanding debt owed by the customer.
- Imagefix Ltd does not undertake to maintain or update a client’s website as part of the design commission. If a client wishes Imagefix Ltd maintain or update a web site as a separate commission, Imagefix Ltd will negotiate with the client a maintenance contract appropriate to the amount of work required. Web site maintenance may also be undertaken on a time and materials basis if the client so wishes.
- Imagefix Ltd shall not be liable for any loss or damage which you may suffer which is in any way attributable to any delay in performance or completion of our contract, however that delay arises. We are not liable for any loss to a website and/or date, caused by hacking or malicious software. We are within our rights to charge at least the hourly rate for any time spent recovering a website and associated files after damage caused by hackers, or third party companies not associated with us.
- Imagefix Ltd reserves the right to alter prices at any time without notice. If a client has commissioned any services from Imagefix Ltd 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.
- By agreeing to these terms and conditions your statutory rights are not affected.