Terms & Conditions
The Legal Bit…
Terms & Conditions
The following terms and conditions apply to all website development / software development provided by Hampshire IT Solutions to the Client.
It is not necessary for any Client to have signed an acceptance of these terms and conditions for them to apply. If a Client accepts a quote then the Client will be deemed to have satisfied themselves as to the terms applying and have accepted these terms and conditions in full.
Please read these terms and conditions carefully. Any purchase or use of our services implies that you have read and accepted our terms and conditions.
Charges for services to be provided by Hampshire IT Solutions are defined in the project quotation that the Client receives via e-mail. Quotations are valid for a period of 30 days. Hampshire IT Solutions reserves the right to alter or decline a quotation after the expiry of more than 30 days.
Unless agreed otherwise with the Client, all website design services only require full payment on going live of the new website. However for some larger software based projects an initial payment of 33% (percent) is required before the project is started.
Payment for services is due by cheque or bank transfer. Cheques should be made payable to Hampshire IT Solutions and sent to Hampshire IT Solutions, Rosehill, Red Rice Road, Upper Clatford, Hampshire, SP11 7PU, UK. Bank details will be made available on invoices.
3. Client Review
Hampshire IT Solutions will provide the Client with an opportunity to review the appearance and content of the website during the design phase and once the overall website development is completed. At the completion of the project, such materials will be deemed to be accepted and approved unless the Client notifies Hampshire IT Solutions otherwise within ten (10) days of the date the materials are made available to the Client.
4. Turnaround Time and Content Control
Hampshire IT Solutions will install and publicly post or supply the Client’s website by the date specified in the project proposal, or at date agreed with Client unless a delay is specifically requested by the Client and agreed by Hampshire IT Solutions.
In return, the Client agrees to delegate a single individual as a primary contact to aid Hampshire IT Solutions with progressing the commission in a satisfactory and expedient manner.
During the project, Hampshire IT Solutions will require the Client to provide website content; text, images, movies and sound files
5. Failure to provide required website content:
Hampshire IT Solutions is a small business, to remain efficient we must ensure that work we have programmed is carried out at the scheduled time. On occasions we may have to reject offers for other work and enquiries to ensure that your work is completed at the time arranged.
This is why we ask that you provide all the required information in advance. On any occasion where progress cannot be made with your website because we have not been given the required information may mean we move onto other projects that we already have the required content for.
NOTE: Text content should be delivered as a Microsoft Word, email (or similar) document with the pages in the supplied document representing the content of the relevant pages on your website. These pages should have the same titles as the agreed website pages. Contact us if you need clarification on this.
Using our content management system (WordPress) you are able to keep your content up to date your self or we are happy to do so on your behalf.
A invoice will be provided by Hampshire IT Solutions upon completion and the website going live. Invoices are normally sent via email; however, the Client may choose to receive hard copy invoices. Invoices are due upon receipt. Accounts that remain unpaid thirty (30) days after the date of the invoice will receive automatic emails requesting payment.
7. Web Browsers & Responsive Design
Hampshire IT Solutions makes every effort to ensure websites are designed to be viewed by the majority of visitors. Websites are designed to work with the most popular current browsers (e.g. Firefox, Internet Explorer 9+, Google Chrome, etc.) along with all major mobile devices and tablets. Client agrees that Hampshire IT Solutions cannot guarantee correct functionality with older unsupported browser/ software across different operating systems. Hampshire IT Solutions cannot accept responsibility for web pages which do not display acceptably in old versions of browsers.
Accounts unpaid thirty (30) days after the date of invoice will be considered in default. If the Client in default maintains any information or files on Hampshire It Solutions Web space, Hampshire IT Solutions will, at its discretion, remove all such material from its web space. Hampshire IT Solutions is not responsible for any loss of data incurred due to the removal of the service. Removal of such material does not relieve the Client of the obligation to pay any outstanding charges assessed to the Client’s account. Cheques returned for insufficient funds will be assessed a return charge of £25 and the Client’s account will immediately be considered to be in default until full payment is received. Clients with accounts in default agree to pay Hampshire IT Solutions reasonable expenses, including legal fees and costs for collection by third-party agencies, incurred by Hampshire IT Solutions in enforcing these Terms and Conditions.
Termination of services by the Client must be requested in a written notice and will be effective on receipt of such notice. E-mail or telephone requests for termination of services will not be honoured until and unless confirmed in writing. Providing all outstanding invoices have been honoured in full termination will be carried out at Hampshire IT Solutions discression.
All Hampshire IT Solutions services may be used for lawful purposes only. You agree to indemnify and hold Hampshire IT Solutions harmless from any claims resulting from your use of our service that damages you or any other party. Any form of nudity, pornographic or other inappropriate content will not be tolerated and will result in immediate hosting and service termination.
The Client retains the copyright to data, files and graphic logos provided by the Client, and grants Hampshire IT Solutions the rights to publish and use such material. The Client must obtain permission and rights to use any information or files that are copyrighted by a third party. The Client is further responsible for granting Hampshire IT Solutions permission and rights for use of the same and agrees to indemnify and hold harmless Hampshire IT Solutions from any and all claims resulting from the Client’s negligence or inability to obtain proper copyright permissions.
Hampshire IT Solutions are the legal owners of the website until all outstanding balances have been paid in full. Hampshire IT Solutions own the creative rights to the website unless elements used are governed under the GPLv2 or late licence. This includes opensource and free software foundation items.
13. Standard Media Delivery
Unless otherwise specified in the project quotation, this Agreement assumes that any text will be provided by the Client in electronic format and that all photographs and other graphics will be provided physically in a high quality media format. Although every reasonable attempt shall be made by Hampshire IT Solutions to return to the Client any images, printed material or memory sticks/flash drives provided for use in creation of the Client’s website, such return cannot be guaranteed.
14. Design Credit
A link to Hampshire IT Solutions will appear in either small type at the bottom of the Client’s website. The Client also agrees that the website developed for the Client may be presented in Hampshire IT Solutions’s portfolio.
15. Access Requirements
If the Client’s website is to be installed on a third-party server, Hampshire IT Solutions must be granted permenant read/write access to the Client’s storage directories which must be accessible via FTP & PHP My Admin. Depending on the specific nature of the project, other resources might also need to be configured on the server.
16. Post-Placement Alterations
Hampshire IT Solutions cannot accept responsibility for any alterations caused by a third party occurring to the Client’s pages once installed. Such alterations include, but are not limited to additions, modifications or deletions.
17. Domain Names
Hampshire IT Solutions may purchase domain names on behalf of the Client. Payment and renewal of those domain names is invoiced anually upon renewal of these. The loss, cancellation or otherwise of the domain brought about by non or late payment is not the responsibility of Hampshire IT Solutions. The Client should keep a record of the due dates for payment to ensure that payment is received in good time.
18. Content Management Systems
Any unauthorised use of our Content Management systems for editing websites/software is solely at the client’s own risk. Hampshire IT Solutions ask that if you wish another user or third party to be able to edit a site, you contact us to acquire a new User Login and Password, in order that we can set appropriate security access levels to protect your website and its security.
Whilst Hampshire IT Solutions monitor our clients servers 24/7 we cannot guarantee 100% uptime. Our servers are state of the art and feature many measures to notify and auto fix potential problems before they arise to issues. However, as with anything they are still prone to malfunction from time to time. Hampshire IT Solutions pride ourselves on fixing these issues in a quick professional manner with minimal if any disruption.
These Terms and Conditions supersede all previous representations, understandings or agreements. The Client’s signature below or payment constitutes agreement to and acceptance of these Terms and Conditions.
21. Governing Law
This Agreement shall be governed by English Law.
Hampshire IT Solutions hereby excludes itself, its Employees and or Agents from all and any liability from:
- Loss or damage caused by any inaccuracy;
- Loss or damage caused by omission;
- Hosting downtime or loss of service;
- Loss or damage caused by delay or error, whether the result of negligence or other cause in the production of the web site;
- Loss or damage to clients’ artwork/photos, supplied for the site. Immaterial whether the loss or damage results from negligence or otherwise.
The entire liability of Hampshire IT Solutions to the Client in respect of any claim whatsoever or breach of this Agreement, whether or not arising out of negligence, shall be limited to the charges paid for the Services under this Agreement in respect of which the breach has arisen.
In the event any one or more of the provisions of this Agreement shall be held to be invalid, illegal or unenforceable, the remaining provisions of this Agreement shall be unimpaired and the Agreement shall not be void for this reason alone. Such invalid, illegal or unenforceable provision shall be replaced by a mutually acceptable valid, legal and enforceable provision, which comes closest to the intention of the parties underlying the invalid,