No Small print, just plain common sense!

Please ensure that you read and understand these conditions before paying your advance fee, or otherwise initiating a contract as outlined below. By initiating the service you are agreeing to the following terms & conditions.

Contract

The term "Client" is used to refer to any person or organization requesting a service from NI Internet. Where the Client is a person acting on behalf of an organization, the person is responsible for ensuring the organization has provided them with the power to represent that organization. If this is not the case, the person shall be responsible and viewed as an individual entering into a contract with NI Internet, responsible for meeting the costs incurred with the contract. The client's approval for work to commence shall be deemed a contractual agreement between the Client and NI Internet. Approval for the work to commence either verbally, in writing, electronically, payment of the advance fee or otherwise by the Client, indicates that the Client accepts the terms and conditions outlined in this document.

NI Internet Intellectual Copyright

NI Internet holds intellectual copyright of any material, including source code and original images created for the client until full payment of the final invoice. At this time we will transfer the non-exclusive intellectual copyright to the client.

Clients Responsibilities with Regard to Copyright

In any situation where the client provides any form of content or media for their website they are legally responsible for ensuring that this material does not infringe any copyright.
Certain images provided by NI Internet may have been purchased under license from stock image suppliers. These images are generally only licensed for use on a website. The license may not permit them to be used in publicity material. The website owner is legally responsible for ensuring that this does not happen.

Registration Charges

All third party costs arising from the registration of a domain name shall be met by the Client. NI Internet 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 and without charge.

Search Engine Promotion

If Search Engine Optimization, Web Marketing or any other promotional product has been agreed as part of the contract the client must be aware that NI Internet is 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 optimize your site initially for this by making it search engine friendly, it is impossible to make any guarantees on ranking position. If the contract is ongoing over 1 month, the Client will be invoiced on the last day of each month for work done to date, unless it is under £50. Failure to pay this invoice may result in termination of continued work until the balance is paid in full.

Cancellation

Should the client wish to cancel at any point during the process, then they shall remain liable for the work that has taken place and shall be invoiced accordingly. All work is assessed as costing £45 per hour, and this is the value that will be used to calculate the final invoice on cancellation, excluding other costs incurred to NI Internet during the length of the contract including the purchase of domains and travel expenses.

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 advise that you provide all the required information in advance or without delay. On any occasion where we are delayed for more than 14 days because you have not provided this information, we reserve the right to invoice for the work done to date. Also, if your job involves Search Engine Optimization, we need the text content for your site in advance so that the SEO can be planned and completed efficiently. If when asked by NI Internet to provide content, subsequently fail to do within 28 days, NI Internet reserve the right to invoice an additional £45 per hour for the additional time committed by NI Internet to the contract.

Conceptualising

With regard the process of creating concepts. Concepts can include site mock ups, graphics and design proposals. This clearly takes a lot of time and for higher cost websites it will be included. For websites costing below £500 you should be aware that (unless previously agreed) only one concept is possible. You should therefore 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 other websites that you like features or design elements that you like as an example of what you require.

Travel Time and Travel Expenses

Travelling time to and from client or for activities such as taking location photographs etc is not normally included in our estimate. NI Internet reserve the right to make a charge for travelling time at our current hourly rate of £45 per hour. Likewise NI Internet reserve the right to charge for travelling expenses based on 40p per mile.

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. Unless otherwise agreed any quotation provided will be valid for 30 days from the date of receipt.

Payment - Advance Fee

An advance fee of a minimum of the full quoted balance is required if the service costs less that £100. If the service costs more than £100, then a minimum of £100, plus 25% thereafter 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 to the contract and to these terms & conditions.

Payment - Refund Policy

After work on a website commences advance fees are not refundable.

Payment Methods

Unless otherwise agreed, payment is only accepted by credit card using our online payment system, cheque or bankers cash 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.

Payment by Credit Card

Credit card payments are accepted via our Google Payment system. These payments are subject to a surcharge equal to, but not greater than 4% of the cost incurred by NI Internet for the provision of this service.

Payment of Balance

Invoices will be 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. NI Internet will not pass over, nor grant access to the website files until payment is received in full. In all cases, it is NI Internets policy to pursue Clients who do not pay the full balance invoiced to them. We operate a fair structured system, allowing plenty of time for the Client to pay the full balance. We will not initiate the court process at any time before 30 days after the invoice due date has expired. We also request any Client in financial difficulty contact NI Internet to discuss a fair & practical solution. In any event where the matter is taken to the courts to make a ruling, the Client is responsible for paying for time spent by NI Internet recovering the costs, through hours, solicitor's fees and court fees where applicable.

Late Payment 1

NI Internet may at times launch the website before the full invoiced total is paid, but the duration of the launched website remaining online is at the discretion of NI Internet. Any websites previously launched may be removed if payment is not forthcoming. When this occurs an additional fee of £25 will be required to have the site restored. In all cases NI Internet will provide 7 days notice before removing a website. If the website is removed before the 7 days notice then no fee will be applicable.

Late Payment 2

NI Internet operate to a set routine for payments not forthcoming within the due date recorded on the invoice to the Client. In the first instance a reminder notice will be sent to the client following the expiry of the invoice due date. Further to this a final reminder notice will be sent out after 14 days has passed since the first reminder notice. Accounts that have not been settled within 14 days of our final reminder will incur a late payment charge of 10% of the amount outstanding. You will also be charged statutory interest of 8% above the reference rate (fixed for the six month period within which date the invoices became overdue) pursuant to the late payment legislation. Failure to make payment within 14 days following the issue of the final notice may result in NI Internet seeking a ruling from the courts.

Future Support

Your website will be handed over as a fully functioning, completed work. Unless it has been agreed beforehand NI Internet 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 NI Internet is offered unless an ongoing support package has been agreed. On request NI Internet can provide an offline backup of any website we produce at the cost incurred by NI Internet for providing this service. We are not responsible however of ensuring that an up-to-date version of the Clients website is held. The Client should ask for further assistance with this matter if required.

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, but after the website is handed over we cannot be held responsible for problems caused by illegal activity or the actions of others. This also includes the way in which the website code is read. NI Internet try to ensure your website is cross-browser compatible. Web Browsers such as Internet Explorer and Firefox are constantly developed and updated. Sometimes the way in which they read website code changes with it. As such, different web-browsers act and render a website differently when interpreting the website code. After the website is handed over, NI Internet are no longer responsible for upgrading the website to the new needs of web-browsers in the future. Unless otherwise agreed under a contract, NI Internet do not provide maintenance services after the website has been handed over.

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, address 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.

Compliance with Ecommerce, Accessibility or Other Regulations

We design websites in accordance with the client's specifications. It is the client's responsibility to ensure that the website and its content comply with current online trading laws and regulations.
We cannot accept responsibility for any failure to comply with laws and regulations related to accessibility, 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.

Validity of Quotation

Unless otherwise agreed any quotation provided will be valid for 30 days from the date of receipt.

Notes

If you agree to these terms and conditions you are also agreeing to the terms of our privacy policy.

Should NI Internet waive any of these terms, this shall not affect the validity of remaining clauses or commit NI Internet to waive the same clause on any other occasion.

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

NI Internet 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.

NI Internet
Media Ireland,
5th Floor,
Howard House,
1 Brunswick Street,
BT6 9DN.

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www.niinternet.co.uk