Responsibilities
Intuitiv Ltd agrees to deliver the requested work in a timely manner and shall conform
to the standards as agreed in the contract document. Intuitiv Ltd charges for design
work based on time, so any changes to the contract document once work has commenced,
may result in changes in the fees already stated. In particular cases, where a job /
service requires work beyond our normal business hours and turnaround time, there
may be additional fees involved, over and above our standard costs. The client also
understands that work, which is halted after a job has begun, will be billed on
the basis of what has been completed to that time. Where work is performed by other
parties as designated by the client, Intuitiv Ltd cannot be held liable for their
performance, although Intuitiv Ltd shall make its best effort to work with these
other parties.
Ownership
The client understands that all files, web pages, graphics and programming work,
except those provided by themselves, are the property of Intuitiv Ltd until any
and all fees are paid in full at which time the client retains ownership. In the
case of any programming (scripting) work, which includes shopping carts, banner
rotation programs, database programs and the like, the client understands that they
do not have any rights to duplicate, resell or give away any programs created by
Intuitiv Ltd. Programs created by Intuitiv Ltd may be used on other websites unless
purchased by the client outright.
Copyright
All work performed by Intuitiv Ltd is copyrighted by Intuitiv Ltd. The client understands
that they have rights only to web publication. Any other reproduction by means of
printing and/or transferring to other media may be considered copyright infringement.
Copyrights may be purchased outright by the client or subject to limited use. The
client also understands that all works, expressly marked or not, are protected by
copyright laws. Intuitiv Ltd will take no responsibility for ensuring material supplied
by the client has been authorised for reproduction. The client further warrants
that they either own or have properly licensed/obtained copyright(s) or copyright
permission to any work which they have supplied for use/reproduction, and the client
agrees to assume full legal and financial responsibility for any copyright suit
or action which may take place regarding materials they have supplied.
Proofreading
Intuitiv Ltd's responsibility for typographical, pricing, or other errors shall
be strictly limited to correcting such errors if they are pointed out to us during
timely proofreading and site testing. It is the client's responsibility to proofread
all work and to ensure that it is (a) satisfactory, (b) correct as to size, content
etc, (c) suitable for intended use, and (d) within proper copyright and other restrictions
before the website is opened to the public.
Offensive/ Libelous Material
The client will not use the Web Site, nor any other service provided by Intuitiv
to publish any material that may be construed as Defamatory, Offensive or Libellous
to any other third party. Intuitiv Ltd shall not be held liable for any material
published through its services, Intuitiv maintains full indemnity from any claims
arising from any defamatory, obscene material, or any other breach of rights on
the clients sites. The client is fully responsible the content of their WebSite,
and any other data transmitted through Intuitiv's Services, and Intuitiv will not
undertake to monitor or control client data in respect to any content therein. Furthermore,
the client agrees to indemnify Intuitiv in respect of any claims brought against
Intuitiv arising from the content of their website or use of any other services,
whether it be for defamatory comments, infringements of rights, or any other offence.
Loss of Earnings
Intuitiv will not be held liable for any loss of business incurred due to the failure
of any of its services. This includes, but is not restricted to, loss of turnover,
sales, revenue, profits or indirect consequential or special loss. Intuitiv offers
a service level agreement that will reimburse the client any monies paid to Intuitiv
for any failed services, strictly on a pro-rata basis. No other claims will be entertained.
Intuitiv will not be held responsible for the fraudulent use, or any other misuse,
of any material held on our computers, in particular any Credit Card information
held thereon.
Portfolio
To maintain our portfolio credentials, and the integrity of any applicable copyrights,
Intuitiv Ltd maintains the right to place a small logo on the client's website which
will link back to Intuitiv Ltd's website. Intuitiv Ltd also maintains the right
to reproduce the client's website in our portfolio and in any marketing materials.
Hosting Contracts
Domain Name and website Hosting contracts are charged out by Intuitiv on a per annum
basis. Should a client wish to transfer hosting of either a domain name or website
to an alternative ISP at any time, Intuitiv are happy to do so subject to the account
being fully paid up to the date of the transfer request, and a formal transfer request
being lodged by an authorised client contact. Please note that Intuitiv automatically
renew all domain names as they expire, so should a client not wish to renew a domain
name, and avoid a new annual hosting charge, then they must alert Intuitiv to this
fact before the expiry of the existing contract. The same also applies to website
hosting.
VAT (Value Added Tax)
Intuitiv Ltd are a VAT Registered company - Registration Number : 603998219
All charges quoted / levied are subject to VAT, and if not otherwise stated, quoted prices should be
assumed to be exclusive of VAT (ex-VAT).
Payment
For existing clients, with sound payment track record, most work is carried out
on a Payment on Delivery basis. However, Intuitiv Ltd reserve the right to request
an advance deposit of up to 50% of the estimated design/ development fees before
proceeding with any work. Once the client makes the final payment, their website
will be made available on the Internet. Intuitiv terms of engagement are strictly
30 days payment from date of invoice.
Overdue Payment
Intuitiv terms of engagement are strictly 30 days payment from date of invoice.
Payment after 30 days can only be accepted by special arrangement with the Accounts
Department. Should the client fail to pay for any work/ services supplied after
30 days of invoicing, Intuitiv reserves the right to either terminate the supplied
services, and to freeze any ongoing design/ development work. Once an account becomes
60 days overdue, Intuitiv Ltd's standard policy is to suspend all Internet Services
supplied to that client. Intuitiv shall make best efforts to alert a client to any
such overdue payments and service shutdown, typically via email, but it remains
the clients responsibility to ensure all accounts are fully paid up within Intuitiv's
payment terms. In the addition to full payment of all overdue invoices, an additional
£50 (+ VAT) re-connection fee will be levied to re-establish any terminated services.
Re-establishment can only be authorized once cleared payment has registered within
Intuitiv Ltd's bank account. For immediate re-establishment, payment can be accepted
by CHAPS or Credit Card payment.
Email Disclaimer
All Intuitiv emails contain proprietary information, some or all of which may be legally privileged.
They are for the intended recipient only. If an addressing or transmission error has misdirected these emails,
the sender should be notified immediately. If you are not the intended recipient you must not use, disclose,
distribute, copy, print or rely on this email.
The views expressed in any Intuitiv email are those of the author and do not necessarily reflect the views of Intuitiv Ltd.