Terms & Conditions Definitions

1. A ‘Project' is any work undertaken or service provided by Imagery and Design for the
client on their request.
2. A ‘Client' is a person, persons, business or organisation using any of the services
provided by Imagery and Design.
3. ‘The Payment Period' shall be the time allowed by ‘Imagery and Design’ for receipt of
all monies owed to Imagery and Design by the client.
4. ‘Live Mode' will be from the date the website is available on the clients chosen
domain.
5. ‘Domain' is the website address as specified by the client.
6. ‘Open Source Software' is software made freely available to anyone under the GNU
General Public License (GPL).
7. ‘Hosting' is a yearly cost to keep a clients website activated online.
8. ‘Content' is both text and images that the client requires on the website.

Imagery and Design Terms & Conditions

1. The contract between Imagery and Design and the client will be on these conditions
to the exclusion of all other terms and conditions. Any variations to these conditions
shall have no effect unless agreed in writing.
2. The works to be carried out shall be as set out in the Imagery and Design Website
Design Quote.
3. Imagery and Design will only commence work on a project after receipt of 50%
deposit of the quoted project fee from the client. We will also require 25% payment on
approval of the design. The final 25% payment is to be made on completion of the
website. The website will be switched to live mode once the clients remaining balance
is paid in full.
4. Imagery and Design reserve the right to decide whether a refund is applicable if
requested by the client for any reason. A refund is not guaranteed by Imagery and
Design but possible providing Imagery and Design decide upon this option.
5. Imagery and Design shall expect the client to carry out sufficient research before
proceeding with a website. This will include checking that the website / idea /
business will operate legally within UK law. It is important that the website is not in
anyway illegal.
6. Where images used on the website have been purchased by Imagery and Design on
behalf of the client, these images are strictly for use on the website only. Imagery and
Design are not liable for misuse of these images by the client or any other person/s
copying, altering or distributing the images to individuals or other organisations.
7. Imagery and Design will host the website if the client requires us to do so and on
receipt of full payment of our hosting fees. In doing so we will endeavour to provide a
reliable and professional service to the client at all times but do not guarantee that the
website hosting will be available at all times, especially in the event of a technical
failure beyond our control.
8. Imagery and Design cannot be held responsible for anything adversely affecting the
client's business operation, sales, or profitability that they might claim is a result of a
service offered by Imagery and Design .
9. Where we have been asked to provide search engine optimisation for a client, we do
not guarantee any specific placement or high ranking on search engines.
10. Imagery and Design will provide the client with an expected project completion date
(live on the internet) if requested. We will endeavour to meet any given deadline but
we do not guarantee and are not bound in any way to complete the project by this
date.
11. It is the clients responsibility to check with Imagery and Design that open source
software is being used or not.
12. We do not charge customers for open source software. If there is a charge for a
website using open source software, you are paying for the installation time. Open
source software is not owned by Imagery and Design or our client.
13. Imagery and Design own all design and code of the website until final payment has
been received in full. Once final payment is received, the client will then own the
design and code of the website unless open source software is used. Images will
have been purchased by Imagery and Design for the client unless the images have
been supplied by the client. Item 13 is subject to item 12.
14. All images displayed on the client's website will only be used after authorisation by
the client and are the sole responsibility of the client regarding usage and copyright.
Should any legal issues or claims arise from the content or copyright of any images
supplied by the client OR Imagery and Design , they will be the sole responsibility of
the client.
15. If Imagery and Design purchase domain names on behalf of the client they will be
registered by Imagery and Design and also registered to the Imagery and Design
current address. Although the domain names are registered to Imagery and Design,
the client is the legal owner of the domain and if they request to have details changed
or the domain transferred elsewhere, we will do this within reasonable time.
16. It is the responsibility of the client to renew their domain names when due. If a
domain name expires, Imagey and Design can not be held liable for this. However,
Imagery and Design will make reasonable effort to contact the client regarding
domain renewal.
17. When a client renews “hosting” with Imagery and Design, this also includes domain
renewal if the renewal is needed to keep the site functioning and was purchased as
part of the hosting package. If the client does not renew the hosting, their domain
name could be made available to the public for purchase and Imagey and Design can
not be held liable for this.
18. Renewal of “hosting” is due on a yearly basis. The date of renewal will be annually
from the date the website was ordered by the client. The “hosting” will not be renewed
if we cannot contact the customer or the customer requests for us to not host this site.
This will also affect the domain as per item 17.
19. The hosting renewal charge must be received within 30 days of the hosting expiry
date. We reserve the right to deactivate any website where the hosting has expired
and the client has not paid the renewal charge. There will be an admin fee set by
Imagery and Design for reactivating the website / hosting.
20. If the client does not use Imagery and Design hosting services then the management
and hosting of the domain name are the full responsibility of the client.
21. Imagery and Design has no control of, or responsibility for, the content of our client's
web sites. In no way does the textual or image based content of our client's web sites
constitute Imagery and Design endorsement, or approval of the web site or the
material contained within the web site. Imagery and Design has not verified any of the
materials, images or information contained within our client's web sites and is not
responsible for the content or performance of these sites or for the client's
transactions with them. Imagery and Design provides links or references to our
client's websites solely for the convenience of prospective customers and intends that
the links it provides be current and accurate, but we do not guarantee or warrant that
such links will point to the intended client site at all times.
22. Imagery and Design are not liable for loss, damage or corruption to files or
information stored on our servers or individual PC's relating to a client's website. The
client is solely responsible for any information or files relating to their website.
23. If a domain name is purchased by the client through a company other than Imagery
and Design, the client has full responsibility in making sure that the domain name is
renewed when due. Imagery and Design will not renew the domain name when
annual hosting renewal is due if the domain name is purchased through a company
other than Imagery and Design.