Definition of our terminology as used within this document
1) A 'Project' is any work undertaken or service provided by Impakt Web Design for the client on their request and as described in our confirmation order email to that Client.
2) 'You' or 'Client,' is a person, persons, business or organization using any of the services provided by Impakt Web Design.
3) 'We' or 'us', means Impakt Web Design
4) 'Live Mode' means the date the website is available on the client's 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 monthly/yearly cost to keep a clients website activated online.
8) 'Content' is both text and images that the client requires on the website.
9) 'mb' stands for megabytes and is a measure of storage space.
1) The contract between Impakt Web 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 carried out shall be as set out in the Impakt Web Design invoice.
Legalities, Copyright and Intellectual Property
1) Impakt Web Design shall expect the client to carry out sufficient research before proceeding with a Project. This will include checking that the website/idea/business will operate legally. It is important that the project is not in any way illegal.
a) Please ensure that any images or content you supply or use on your website, is legally available for you to use. We cannot be held responsible for the illegal use of images, content or format of material supplied by the client. Impakt Web Design reserves the right to remove any website from its servers if it has reason to believe that it is operating illegally.
b) Where images used on the website have been purchased by Impakt Web Design on behalf of the client, these images are restricted by license for use on the website only unless agreed in writing. Impakt Web 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 organizations.
2) Impakt Web Design makes no claims that the contents of the project may be lawfully viewed or downloaded outside England and Wales. Access to the project may not be legal by certain persons or in certain countries. If this project 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 project'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.
3) Impakt Web Design 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 product/service offered by Impakt Web Design.
4) Impakt Web Design transfers the rights of the design (including all content and resulting codes) of the website, logos, domains and/or any other product/service provided when the project is completed or if the project is a website – when the website reaches Live Mode.
a) The products produced & services provided by us (excluding any Client Content) (the “Developer Materials”) may be reused by us on a royalty-free and irrevocable basis.
5) The Client grants to the Developer a non-exclusive, revocable, royalty-free license to use and reproduce the Clients Content solely for the purpose of performing its obligations under this Agreement.
6) The Client undertakes not to access, modify, alter all or part of the Website provided by us with a view to creating a separate website or licensing the Website to a third party or diminish the design and function of the Website, without the prior written consent of Impakt Web Design.
7) Impakt Web Design can register and renew domain names on behalf of and as requested by the Client. Fees and expenses incurred in registration and/or renewal will be included on the Monthly/Yearly Invoice.
1) Email is our primary method of contact with regard to all communication for your project and any other service/product we offer. All of Impakt Web Design’s designers and developers work the UK. Email is the most efficient and cost-effective form of contact. However if you have any problems with the design or development of your project, you can contact our telephone support service on 07449 870 451.
2) It is the client's responsibility to inform us of any change in email address so we always have valid contact details. We cannot be held liable in any way for problems relating to communication issues if we are not supplied with a valid email address.
3) It is important for the client to keep in contact with Impakt Web Design throughout the entire project. If a client does not make contact for more than 2 weeks, we will make up to 5 attempts to contact the client by email using the email address for the client held on file. If we do not receive a response to these attempts of contact the project may be terminated. If the client wishes to postpone the project for a period of longer than 2 weeks, please contact us, otherwise the project may be archived.
Website Design and Development
1) Design is subjective, and for this reason we offer 'unlimited design revisions'. This means that we will continue to work with you on your design concept until you are happy with our proposal. The unlimited design revision period ends when the client accepts the design proposal and home page draft. Design changes beyond this point are subject to additional charges unless agreed in writing.
2) Impakt Web Design will provide the client with an expected completion time frame for the project (live on the internet) if requested.
3) Open Source software (OSS) is publically available software that may be adapted or modified to suit particular applications. OSS may be used to help develop elements of the functionality of the client's website to speed development and add functionality. Where Open Source software is used, the ownership of the site coding and any customizations made by us is still owned by Client.
Hosting and Search Engine Optimization
1) Impakt Web Design will host the website if the client requires us to do so and the website will only be switched to 'live' mode once the first invoice has been issued. In doing so, Impakt Web Design will provide a reliable and professional service to the client at all times, excluding unavoidable technical failures. All standard hosting offered by Impakt Web Design is limited to 500mb of website space unless otherwise stated in writing on monthly/yearly invoice.
2) Impakt Web Design hosting is both monthly/annually renewable.
a) If annually; the date of renewal will be 12 calendar months from the date the website was made live. Impakt Web Design will contact the client 30 days before the renewal date and hosting services are not obligated
i) On the renewal date a reminder will be sent, failure to pay the invoice after 5 working days of this reminder will result in any service/product provided by Impakt Web Design to be deactivated (i.e Website be taken ‘Offline’) until payment of invoice has been made. The hosting renewal charge must be received within 30 days of the hosting expiry date.
b) If monthly; from the date that the invoice has been sent, you will then have 30 days to pay the invoice into Impakt Web Designs account via Direct Debit or Cash/Cheque direct to us. On the 31st day a reminder will be sent, failure to pay the invoice after 5 working days of this reminder will result in any service/product provided by Impakt Web Design to be deactivated (i.e Website be taken ‘Offline’) until payment of invoice has been made.
c) We reserve the right to deactivate any website when the hosting has expired and the client has not paid the renewal charge.
3) If the client does not use Impakt Web Design hosting services, then the management and hosting of the domain name are the full responsibility of the client.
4) If the client does not wish to renew the hosting the current site files and associated data can be made available to the client fee free on request and the domain name can be transferred to the client's registrar account. Should the client instruct us to upload and configure the site and domain name to a third party server this work will be subject to charge.
5) Impakt Web Design will aim to push the website rank as high as possible on the search engine however do not take any responsibility for a client's website rank on search engines. This also includes any potential website downtime that can occur. When updating, changing, creating and hosting a client's website, there could be a change in the websites search engine ranking.
Paying for your project
Impakt Web Design operates three types of invoice rotations:
1) A Single Invoice is a one-off invoice for a product/service provided.
a) From the date that the invoice has been sent, you will then have 30 days to pay the invoice into Impakt Web Designs account or via Cash/Cheque direct to us.
i) On the 31st day a reminder will be sent, failure to pay the invoice after 5 working days of this reminder will in result in legal action will be taken.
2) A Monthly Invoice is a rotational invoice operating on a 30 day term.
a) From the date that the invoice has been sent, you will then have 30 days to pay the invoice into Impakt Web Designs account via Direct Debit, Bank Account Transfer or Cash/Cheque direct to us.
i) On the 31st day a reminder will be sent, failure to pay the invoice after 5 working days of this reminder will result in any service/product provided by Impakt Web Design to be deactivated (i.e Website be taken ‘Offline’) until payment of invoice has been made.
3) If annually; the date of renewal will be 12 calendar months from the date the project was made live. Impakt Web Design will contact the client 30 days before the renewal date to inform of services that are no longer obligated by us and give options of renewal.
a) On the renewal date a reminder will be sent, failure to pay the invoice after 5 working days of this reminder will result in any service/product provided by Impakt Web Design to be deactivated (i.e Website be taken ‘Offline’) until payment of invoice has been made.
b) The hosting renewal charge must be received within 30 days of the hosting expiry date.
4) Each invoice will detail the services/products that have been provided by us.
a) Any service/product provided by us that has been provided free of charge shall be shown at either:
i) The actual costs with a credit line underneath.
ii) Zero (£0.00) costs.
5) Your website will only be switched to 'live' mode once the first invoice has been issued.
Domain Names and Links
1) If required, a domain name will be registered by Impakt Web Design on behalf of the client once we have received payment in full. Although the domain names are registered to us, 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 a reasonable timeframe.
2) Impakt Web 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 does not guarantee or warrant that such links will point to the intended client site at all times.
3) We place a small text link & logo on the footer of our client's website that simply states the website was designed by Impakt Web Design and links to our company website this link can be removed, if required but may be subject to additional charges.
(*) Impakt Web Design will not tolerate any form of harassment against it's employees from customers or third parties and we reserve the right to cancel a contract without refund in the event of unreasonable or inappropriate conduct. This includes threatening behavior and abuse directed towards our employees thereafter any further communication must be via email only.
Terms & Conditions
© 2015 Impakt Web Design