Terms & Conditions...
Company Information
Company Name: Netsimage Ltd
Address: The Apple Barn, Langley Park, Sutton Road, Maidstone, Kent. ME17 3NQ.
Telephone Number: 0845 4751031
Company Number: 06530729 (England & Wales)
Company Name: Netsimage Ltd
Address: The Apple Barn, Langley Park, Sutton Road, Maidstone, Kent. ME17 3NQ.
Telephone Number: 0845 4751031
Company Number: 06530729 (England & Wales)
Definition of terminology:
- A 'Project' is any work undertaken or service provided Netsimage Ltd for the Client on their request and as described in our quotation email to that Client.
- A 'Client' is a person, persons, business or organisation using any of the services provided by Netsimage Ltd.
- The term “Netsimage Ltd” or "Netsimage" or “us” or “we” refers to the owner of the website whose registered office is The Apple Barn, Langley Park, Sutton Road, Maidstone, Kent. ME17 3NQ. Our company registration number is 06530729 (England & Wales).
- 'Domain' is the website address as specified by the Client.
- 'Hosting' is a yearly cost to keep a clients website activated online.
- 'Content' is both text and images that the Client supplies for the website.
- The contract between Netsimage Ltd 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.
- The works to be carried out shall be as set out in the Netsimage Ltd quotation email.
- Email will be the method of contact with regard to all communication. Although Netsimage Ltd can be contacted by telephone, we will use email as our method of communication and therefore it is the Client's responsibility to inform us of any change in email address so we always have up to date email contact details. Netsimage Ltd can not be held liable in any way relating to communication issues if we are not supplied a valid email address. Netsimage Ltd will acknowledge all emails within 3 working days.
- Netsimage Ltd will only commence work on a Project after receipt of a non refundable, 50% deposit of the quoted Project fee from the Client. The final 50% payment is to be made on completion of the website. The website will be made public once the Clients remaining balance is paid in full.
- The deposit paid to Netsimage Ltd covers the cost of design work carried out as well as any administration work and communication with Netsimage Ltd. The deposit is non refundable. We do offer a 'cooling off period' of seven working days wherein a customer may cancel an order. Any costs incurred as a result of a customers request will be be deducted from this.
- Netsimage Ltd 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.
- It is important for the Client to keep in contact with Netsimage Ltd throughout the entire Project. If a Client does not respond to a request from Netsimage Ltd for 1 week we will make up to 5 attempts to contact the client by email using the email address specified when the client went ahead. If we do not receive a response to these attempts of contact the Project may be terminated and the deposit will not be refunded. If the client has acknowledged a request by Netsimage Ltd for information so we can continue to progress with a website project, but the information is not received for a period of 3 months or greater (unless agreed prior to this in writing), then the project may be terminated and the deposit will not be refunded
- Where images used on the website have been purchased by Netsimage Ltd on behalf of the Client, these images are strictly for use on the website only. Netsimage Ltd 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.
- Netsimage Ltd 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 Netsimage Ltd will endeavor 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.
- All inclusive hosting offered by Netsimage Ltd as part of web design packages is provided under our Gold hosting package. If a client exceeds the bandwidth allowance in any given month the client will be required to upgrade to the appropriate package and additional costs will be applied. Netsimage Ltd reserves the right to refuse hosting.
- If a client wants to use their own hosting provider and requires Netsimage Ltd to configure the clients site on their hosting, Netsimage Ltd will charge at our standard hourly rate for the time taken to complete this process.
- Netsimage Ltd cannot be held responsible for anything adversely affecting the Client's business operation, sales, or profitability that might be claimed is a result of a service offered by Netsimage Ltd.
- Where asked to provide search engine optimisation for a Client, Netsimage Ltd do not guarantee any specific placement or high ranking on search engines.
- Netsimage Ltd will provide the Client with an expected completion date for the Project (public on the internet) if requested. Netsimage Ltd will endeavour to meet any given deadline, but do not guarantee and are not bound in any way to complete the Project by this date. The expected completion date provided by any employee of Netsimage Ltd is purely an estimate.
- It is the Client’s responsibility to check with Netsimage Ltd whether Open Source Software is being used or not.
- The Client shall not be charged for Open Source Software. If there is a charge for a website using Open Source Software, the Client is paying for the installation time. Open Source Software is not owned by Netsimage Ltd or the Client.
- Netsimage Ltd provides a license to clients to use the software for the Content Management System (CMS) and e-commerce system (CartVista™). This license is for a single use of the software for the site built by Netsimage Ltd. The client is forbidden from re-selling or duplicating this software for any other purpose than the usage for the site created by Netsimage Ltd
- Netsimage Ltd owns 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 Netsimage Ltd for the Client, unless the images have been supplied by the Client. Item 18 is subject to item 16 & 17.
- 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 Netsimage Ltd, they will be the sole responsibility of the Client.
- On completion of the website by Netsimage Ltd, the Client will be notified and have the opportunity to review it. The Client should notify Netsimage Ltd, in writing, of any unsatisfactory points within 7 days of receipt of such notification. Any of the website which has not been reported in writing to Netsimage Ltd as unsatisfactory within the 7 day review period will be deemed to have been approved. Once approved, or deemed approved, the website cannot subsequently be rejected, and the website will be deemed to have been completed and the balancing payment will become due. The agreement will remain in effect until all obligations have been completed in terms of this Clause.
- If the Client rejects the website within the 7 day review period and will not approve subsequent alterations made by Netsimage Ltd to remedy any points reported by the Client as unsatisfactory, or Netsimage Ltd considers that the Client is unreasonable in their repeated rejection of the website, the agreement will be deemed to have expired and Netsimage Ltd can take any legal measures to recover both payment for the completed website and reasonable expenses incurred in recovering payment.
- Domain names will be registered by Netsimage Ltd and also registered to the Netsimage Ltd current address. Although the domain names are registered to Netsimage Ltd, the Client is the legal owner of the domain and if they request to have details changed or the domain transferred elsewhere, Netsimage Ltd will do this within a reasonable timeframe.
- A domain name will be registered by Netsimage Ltd on behalf of the client once we have received the 50% deposit.
- It is the responsibility of the Client to renew their domain names when due. If a domain name expires Netsimage Ltd can not be held liable for this. However, Netsimage Ltd will make reasonable effort to contact the Client regarding domain renewal.
- When a Client renews Hosting with Netsimage Ltd, 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 Netsimage Ltd can not be held liable for this.
- 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 Netsimage Ltd cannot contact the Client or the Client requests for Netsimage Ltd to not host this site. This will also affect the domain as per item 26.
- The Hosting renewal charge must be received within 10 days of the Hosting expiry date. Netsimage Ltd 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 administration fee set by Netsimage Ltd for reactivating the website/Hosting.
- If the Client does not use Netsimage Ltd Hosting services, then the management and Hosting of the Domain name are the full responsibility of the Client.
- Should a Client wish to move Hosting away from Netsimage Ltd or transfer a Domain name away from Netsimage Ltd, a £30 admin charge will be issued, which must be paid before the transfer takes place.
- Netsimage Ltd has no control of, or responsibility for, the content of Clients’ websites. In no way does the textual or image based Content of our Client's web sites constitute Netsimage Ltd endorsement, or approval of the website or the material contained within the website. Netsimage Ltd 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. Netsimage Ltd 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 does not guarantee or warrant that such links will point to the intended Client site at all times.
- We operate a "zero tolerance" policy for spam. We will discuss with you the correct and safe usage of mailing lists, but if we receive any notification of spamming we will instantly remove your site from our server and will cease to offer hosting for your site. We and the commercial internet world take the problems caused by spam extremely seriously. If any of our managed websites are reported for spamming then ALL our customers websites will be excluded from sending e-mail until the offending spammer is removed from our servers. For this reason we have to adopt a "zero tolerance" policy with no right for appeal. (see hosting terms)
- Logo designs included within the packages are text based logos with the inclusion of imagery supplied by the client or images from our stock imagery. Netsimage Ltd will not alter the images beyond what is supplied. Logos are designed for web use only at 72dpi. A high resolution logo can be provided if requested before design commences and is chargeable as an extra to the package logo.
- Flash banner design included in our packages is limited to one hour of flash design time and is for one flash item per site. Additional flash items or extended design time can be done by separate negotiation.
- Unlimited designs during the design stage is limited by a "fair usage" policy. As a guide it is deemed exceeding 12 hours design time is beyond fair usage.
- Stock imagery licences are purchased from www.istockphoto.com. Packages include up to 20 credits of images to be used included in the package price. Additional stock images can be supplied by the client, or requested by the client and charged at cost plus a small administration charge. All charges will be notified to the customer, and must be accepted in writing, prior to purchase.
- Netsimage Ltd will not proceed from the design stage to the website build stage until all text and images have been received from the client and the design has been approved in writing. If a site includes a content management system, then Netsimage Ltd will proceed with the build of a site if the client confirms in writing they happy to receive and make final payment for their site without the content and will have full responsibility for adding the content themselves. If a client wishes to change a site design after the design is approved and construction of the site has commenced then any changes will be charged at our standard hourly rate.
- It is the client’s responsibility to provide all the content for the website except for stock imagery supplied by Netsimage Ltd. If a client requires Netsimage to source information then this will be charged at our standard hourly rate
- Browser Compatibility: All our websites are built to W3C standards. It is recognised that all browsers interpret websites differently and therefore we test our websites for compatibility in the following browsers: Internet Explorer Version 7+, FireFox Version 2+, and Safari Version 4+. NOTE: From the 1st May 2009 Netsimage Ltd ceased support for Internet Explorer Version 6. We reserve the right to charge for compatibility for additional browsers and browser versions.
- Unless individually specified in the quotation, Netsimage Ltd will provide the functionality of the site as fit for purposes for all users to easily use the site in a methodical work flow manner. We reserve the right to charge appropriately if the client wishes to deviate away from this after the site is built.
- Netsimage Ltd are not liable for loss, damage or corruption to files or information stored on its servers or individual PCs relating to a Client's website. The Client is solely responsible for any information or files relating to its website.
- If a Domain name is purchased by the Client through a company other than Netsimage Ltd, the Client has full responsibility in making sure that the domain name is renewed when due. Netsimage Ltd will not renew the Domain name when annual Hosting renewal is due if the Domain name is purchased through a company other than Netsimage Ltd.
- Netsimage Ltd reserves the right to cancel the order of a client’s site and the deposit will be refunded to the client.
- Netsimage Ltd will take a 1.9% service charge payment on any payments received using a credit or debit card. If this is not acceptable to the client, we also accept BACS and Cheque as an alternative payment method.
- Final payment is strictly payable within 14 (fourteen) days after the review period is completed. Netsimage Ltd reserves the right to charge under The Late Payment of Commercial Dept (Interest) Act 1998 to charge an administration fee of £15 per month or 8% above the Bank of England base rate for the term of the outstanding debt whichever is greater
- Netsimage Ltd makes no claims that the contents of this website may be lawfully viewed or downloaded outside England and Wales. Access to this website may not be legal by certain persons or in certain countries. If this website is accessed from outside of the United Kingdom, it is done at own risk and the visitor is responsible for compliance with the relevant laws of the visitor’s jurisdiction. The terms and conditions of this website are governed by the laws of England and Wales. Jurisdiction for any claims arising in respect of this website’s Content shall lie exclusively with the courts of England. If any provision of these terms and conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these terms and conditions, which shall remain in full force and effect.