Innogen Solutions Limited - Terms and Conditions

(Please ensure that you read and understand these conditions before paying your advance fee.)


1.    Contract: The Web Design client’s approval for work to commence shall be deemed a contractual agreement between the client and Innogen Solutions Limited. For collaboration services it is when the agreement is signed. Important: Approval for Web Design work to commence, signing of the collaboration service form and payment of the advance fee indicates that the client accepts the terms and conditions outlined in this document.

2.    Innogen Solutions Limited Intellectual Copyright: Innogen Solutions Limited holds intellectual copyright of any material, including source code and original images created for the client until payment of the final invoice. At this time we will transfer this intellectual copyright to the client.

3.    Clients Responsibilities with Regard to Copyright: In situations where the client provides images, text, animations, layouts or any other content for their website they are legally responsible for ensuring that this material does not infringe any copyright.

Certain images provided by Innogen Solutions Limited may have been purchased under licence from stock image suppliers. These images are generally only licensed for use on a website. The licence may not permit them to be used in publicity material. The website owner is legally responsible for ensuring that this does not happen. If you wish to use any images from the site for other purposes please contact us for clarification.

4.    Registration Charges: All third party costs arising from the registration of a domain name shall be met by the Client. Innogen Solutions Limited recommend that clients register their own domain names so that they have full ownership of these but where we have registered a domain name on the client’s behalf we agree to transfer this domain name to the client immediately upon request with a fee.

5.    Search Engine Promotion: If Search Engine Optimisation has been agreed as part of the contract the client must be aware that Innogen Solutions Limited are not responsible for ongoing web site promotion. Should the client require the site to be promoted on an ongoing basis a separate contract must be agreed. The order in which websites are ranked in the natural search results is controlled by the search engines. While we can optimise your site initially for this by making it search engine friendly, it is impossible to make any guarantees on ranking position.

6.    Cancellation: For web Design work, should the client wish to cancel at any point during the process Innogen Solutions Limited may by written notice terminate the Web Design work immediately and without liability for compensation or damages .For Collaboration service, the minimum contract is 12 months and cannot be cancelled within that period.

7.    IMPORTANT! Failure to Provide Required Website Content: You must ensure that we are not delayed as a result of late delivery of the material and content required to complete your website.

This is why we ask that you provide all the required information in advance. On any occasion where we are delayed because you have not provided this information, we reserve the right to impose a surcharge of 25% of the total cost of the work. Also, if your job involves Search Engine Optimisation, we need the text content for your site in advance so that the SEO can be planned and completed efficiently.

If you agree to provide us with the required information in advance and subsequently fail to do within four weeks of project commencement we reserve the right to close the project and the balance remaining becomes payable immediately. This will not be a problem provided that you do not give us the go ahead to start until you are ready to do so.

8.    Design requirements: You should ensure that you let us have your preferred colour scheme and design requirements beforehand. If you don’t do this we will design the website appropriately. If it is not to your taste we may not be able to rework the website without additional charges. This is why it is often best to show us another website that you like as an example of what you require.

9.    Data Protection Act
Information that the Customer provides to Innogen Solutions Limited about private individuals relevant to Innogen Solution's dealings with the Customer will be stored within Innogen Solution's computer system and manually for so long as may be necessary to provide the Services and until any Charges cannot be lawfully challenged, subject to any maximum and/or minimum periods prescribed by any Regulation.
For the purpose of the Data Protection Act 1998 (“the Act”) Innogen Solutions Limited will only use such information for legitimate purposes, including:-
a) communicating with the individuals concerned as necessary in connection with the Customer's dealings with Innogen Solutions Limited.
b) Communicating with the Customer in connection with Innogen Solutions Limited's services generally;
c) Providing it to licensed credit-reference agencies for credit checks to be undertaken;
d) Providing it to the police and other enforcement agencies for the investigation of fraudulent,
criminal, terrorist or other illegal activities.
e) By giving Innogen Solutions Limited that information the Customer consents to Innogen Solutions Limited holding, using and disclosing it for those purposes. Innogen Solutions Limited is permitted under the Act to hold and use personal data for the purposes specified above, it will not process such data provided by the Customer otherwise than for those purposes or as otherwise required by the Customer. Innogen Solutions Limited confirms that it will comply with the Seventh Data Protection Principle under the Act (data security) in relation to all personal data supplied by the Customer.

10.    Travel Time and Travel Expenses: Travelling time to and from customer premises is not generally included in our estimate. Innogen Solutions Limited reserve the right to make a charge for travelling time at our current hourly rate. Likewise Innogen Solutions Limited reserve the right to charge for travelling expenses based on £2 per mile. (NOTE: There will be no charges for travelling time or expenses incurred during the quotation process, i.e. before you give your approval for work to commence.)

11.    Quotations: The price quoted to the client is for the work specifically agreed on the quotation only. Should the client decide that changes are required after work on the website has commenced there may be a surcharge. There is no quotation for collaboration service.

12.     Payment - Advance Fee: For web design, an advance fee of 100% of the total cost of the project is required before work can start. Clients should only pay this advance fee if they agree to our terms and conditions. Payment of the advance will be taken as agreement.  For collaboration service, the stated fee is billed monthly using a direct debit payment method.

13.     Payment - Refund Policy: After work on a website commences, advance fees are not refundable. Collaboration service fee is also non-refundable.

14.     Payment Methods: Unless otherwise agreed, payment is only accepted by credit/Debit card, cheque or bankers draft in UK Pounds Sterling. If your cheque is returned by the bank as unpaid for any reason, you will be liable for a "returned cheque" charge of £35.

15.     Payment by Credit Card: Credit card payments are accepted via our Paypal electronic invoicing system. These payments are subject to a 4% surcharge and full payment is required in advance. (Your credit card should offer you purchase protection.)

16.     Payment of Balance: For collaboration service invoice is issued alongside this terms and conditions. For Web Design , invoices are only issued when clients accept that their website has been completed to their satisfaction. Payment of the balance is due immediately on completion of the website. We reserve the right not to launch a website until full payment has been received.

17.     Late Payment 1: Any websites previously launched may be removed if payment is not forthcoming.

18.     Late Payment 2: Accounts that have not been settled within 21 days will result to the website being removed without any compensation whatsoever.

19.     Future Support: Your website will be handed over as a fully functioning, completed work. Unless it has been agreed beforehand Innogen Solutions Limited is not responsible for future support. Support can be provided upon request for an agreed fee.  Your website is offered as a single contract and no guarantee of the availability of future support from Innogen Solutions Limited is offered unless an ongoing support package has been agreed.

20.     Future Site Problems: Problems caused by malicious software, spyware, viruses and website hacking are a fact of life on today’s Internet. It is highly unlikely that these will affect your website, and Innogen Solutions Limited will endeavour to protect it from this as much as we can during its creation, but after the website is handed over we cannot be held responsible for problems caused by illegal activity or the actions of others.

21.     Access to Client Hosting Space: We may require ongoing access to our clients’ hosting space to allow us to support and monitor their websites. This access is via a user ID and password combination, which the client may change after the website is handed over. If the client chooses to change the password we will no longer have access to the website and further support will not be possible. We cannot be held responsible for any changes made to the website by the client or the client’s agents.

22.     Compliance with Ecommerce, Accessibility or Other Regulations: We design websites and offer collaboration service in accordance with the client’s specifications. It is the client’s responsibility to ensure that the website and collaboration account and its content and functions comply with current online trading laws and regulations.

We cannot accept responsibility for any failure to comply with laws and regulations related to accessibility, accessing emails, selling online or those related to a specific business or trade. We can research this on the client’s behalf upon request, but in any business where complex compliance issues may exist we recommend that the client takes legal advice from their company lawyer.

23.     Validity of Quotation: Unless otherwise agreed any quotation provided for web design will be valid for 30 days from the date of receipt. For collaboration service, there is no quote included.


Notes:
Should Innogen Solutions Limited waive any of these terms on an individual basis, this shall not affect the validity of remaining clauses or commit Innogen Solutions Limited to waive the same clause on any other occasion.

By agreeing to these terms and conditions your statutory rights are not affected.

Innogen Solutions Limited reserves the right to change or modify any of these terms or conditions at any time. Should clarification of any of the above be required please contact us.