Terms & Conditions
1. Website Maintenance & Security Program
Our Website Maintenance & Security Program covers only website software updates including plugins on a regular basis.
Web Development & Hosting
All projects or services which thehostingpool may be contracted to produce or provide for your firm will be subject to the general provisions spelled out in this agreement. It will not be necessary, therefore, for any other agreements to be entered into between our firms until such time as these general agreements should change.
2. Specific Terms
Terms for specific projects and/or services will be detailed in either a ‘Letter of Agreement’ for such products or services or a simple quotation, hereafter referred to as ‘quotation’. We will not begin work on a project until such documentation is approved (written or oral). Such approvals would constitute an agreement between us in accordance with the terms specified in such letters or quotations.
The specific fees and billing sequences for each project or service will be described in the quotation. Since it is impossible to predict with absolute accuracy either final total fees or, in the case of printed material, final total quantities, a 15% contingency should be allowed for in each case. We will inform you of any expenses additional to those covered in our quotation before they arise. Our credit terms are strictly 50% in advance and the balance 30 days from the completion of a brief. We reserve the right to refuse to begin, complete or deliver any work until overdue accounts are settled. Should any of our invoices not be paid within 30 days we reserve the right to charge interest at the maximum rate permitted by law. Should we be forced to retain attorneys to collect invoices all fees and court costs, that may be reasonable and necessary as well as any interest charges incurred, will be paid by you.
Unless otherwise specified, all our quotations will be based on reasonable time schedules. In those cases where a deadline is tight and requires the work to be done on a ‘rush’ or overtime basis any additional costs incurred due to such circumstances will be reflected in our billing. We reserve the right to adjust the schedule and/or charge additionally in the event that the Client fails to meet the agreed-upon deadlines for delivery of information, materials, approvals, payments, and for changes and additions to the services outlined in the quotation
5. Revisions and Alterations
We request that clients supply us with proofed text. We allow for two proofing stages in all quotations; an initial proof which will allow for any ‘Author’s Alterations’ or ‘amendments’ and corrections, and a final proof before the job is brought to production which will allow for any further corrections. Any additional proofs are regarded as ‘new work’ and will be billed in addition to agreed fees. Should a job progress through stages of sign off, such as approval of direction, approval of concept or approval of design and subsequently be entirely rejected, we reserve the right to invoice in full for the approved stages of the job. We will then negotiate a fresh quotation for those stages of the job which need to be reworked.
6. Sign Off
We require clients to ‘sign off’ on every job before the production stage. Although every care has been taken in the preparation of any Artwork, errors can occur. It is therefore the responsibility of the client to check that the format, imagery, colours and text meet with their requirements. Alterations to finished artwork will be billed as extra to agreed fees. A written or verbal sign-off is required.
7. Legal Matters
We reserve the right to refuse to be a party to any project which, in our judgement, would be illegal, fraudulent, or in some other way harmful to the best interests of our firm. We will not be responsible for any claims made by you for any legal incumbent upon you to receive. We will do everything we can to protect any property or materials you entrust to us and to guard against loss to you. However, we will not be held responsible for the loss, damage, destruction or unauthorised use by others of such property nor are we responsible for the failure of other suppliers or vendors such as printers or photographers. We will also make every effort to return to you as promptly as possible all material and property which belongs to you, or for which you have paid. However, we are not authorised to release to you any property or material owned by others. This includes photographs, illustrations, lettering or other such artwork that is specifically owned by the artists or photographers. Transfer of ownership can only be approved by these suppliers directly. Should any ownership rights be desired or should you wish unlimited use of a particular piece of artwork or photography, inform us of these desires before we contract such work and we will be happy to negotiate for such rights on your behalf. We reserve the right to use any work we may produce for you as samples, which we may use or reproduce in any reasonable way for our marketing needs. Any design ideas not accepted by you remain property of thehostingpool and we will be free to use such designs in any way we may desire. We reserve the right to include a published credit line on the completed. This same credit will be included in any publication of the design by the Client. Unless otherwise stated the copyright for all artwork, development, applications, code and materials of any sort produced by our design studio will remain with thehostingpool . Copyright release for usage in any quotation will be specifically and exclusively for the web site, document or documents in question. Use of the artwork in further‘documents’, ‘applications’ or ‘web sites’ is considered new work and a fresh quotation will be supplied for artwork preparation, supply and usage rights. In the event that we sustain a loss as a result of a claim, suit or proceeding brought against you as a result of the publication of material which you approved and authorised us to produce for you, you agree to indemnify us for any such losses.
In the event of cancellation of any assignment commencement has been approved, a cancellation fee will be paid by the Client and will include full payment for all work completed, expenses incurred, and hours expended. The cancellation fee will be based on the prices outlined in the quotation. Any initial payments that have been received will be credited against any amounts due.
9. Inspection of Data
If at any time you wish to examine any contracts, books, accounts or other data relating to your projects, these will be made available for inspection in our offices during normal business hours by either you or your authorised representative. You merely have to give us reasonable notice of your desire to do such so that we can collect the desired material.
10. Agreement Validity
This general agreement forms the basis for our entire working relationship and shall not be modified or altered in any respect except by mutual agreement in writing.