Internet Image will invoice prior to any work being carried out. For 'one-off' jobs, 50% of the total sum due is payable prior to work commencing, the balance is due upon completion. For any on-going contracts, the applicable monthly amount is payable at the beginning of each calendar month. In the event of complete non-payment, Internet Image reserves the right to remove, cancel and/or nullify any directory entries, search engine listings, blog posts, articles and the like and remove, without further notice, any web sites, domain registrations etc. it is holding. In such circumstances, Internet Image reserves the right to use for its own purposes or resell any domains, sites etc. On full payment, legal title to Internet domains and hosted sites will become the full, unencumbered property of the relevant client(s). Internet Image will retain control of hosted sites only insofar as is necessary for on-going work. Once full payment has been made, any client has the right to transfer domain hosting to any other company, with the proviso that for e-commerce sites, at least three months notice is required for any domain or hosting transfer. In any case where Internet Image is engaged to carry out work on a site it is not hosting, the client assumes responsibility to ensure that Internet Image has full, unrestricted access to the root server hosting the site. Internet Image cannot be held liable for any failure to perform as a result of being unable to access any site. Charges for domain registration and site hosting carried out by Internet Image will be charged annually or bi-annually depending on the service. Any invoices in respect of hosting or domain names fall due immediately. In the event of non-payment, these services may be cancelled without further notice.
If Internet Image is working on any existing site hosted externally, it will require constant an on-going access to the site. This will mean that the login codes for access will need to be passed to us. If we are unable to access a site through no fault of our own, we will continue to invoice at our agreed rate until access can be provided. For client's peace of mind, they should change any 'common' passwords so that any passwords given to Internet Image are only applicable to the website the subject of any agreement. If any site is not hosted by Internet Image, Internet Image cannot be held liable for any failure to complete work due to site downtime or inaccessibility.
Text and copyright:
Any text provided by a client remains the client's copyright in full. The client agrees that Internet Image may use, modify and alter such text in any way whatsoever in connection with Internet work related solely to that client. Any work solely authored by Internet Image remains the copyright of Internet Image, but may be used by the client freely in any other internal or external application, including any form of advertising or marketing. Internet Image warrants that any text authored for any client will not be used in the same form in connection with work carried out for any other client. Copyright for any images provided to Internet Image remains with the client. Any client of Internet Image warrants that copyright for any text and images is held by the client. Internet Image will not accept any liability for breach of copyright actions in respect of any text or images provided by any client. Where Internet Image is contracted to design and produce a web site, once full payment has been received in respect of such work, copyright of the entire web site passes to the client. If Internet Image purchases stock photographs or graphics on behalf of a client, the limited copyright provided by the agency providing the images will be passed to the client. Copies of any such images will be provided to the client and may be freely used in connection with advertising or promotional activities.
Alterations to text:
Internet Image will suggest and implement changes to text with relation to work it is contracted to perform. Internet Image will generally not consult clients with regard to relatively small changes, however, it will advise and consult with clients in respect of any substantial changes to text.
Any client details, website files and information provided by a client to Internet Image will be securely held. No client details will be passed to any third party for any reason whatsoever, unless required by any relevant legal authority under applicable legislation. Internet Image may contact any current or previous client with regard to Internet Image products or services but not those of any third party, with the exception that provided any client agrees, Internet Image may advise clients of products or services offered by other Internet Image clients. Where Internet Image administers or has access to personal data recorded on any client sites, no details will be used, retained or distributed by Internet Image in any way whatsoever. If Internet Image is involved in the construction of any web site facility for building a client database, Internet Image will take all reasonable measures to ensure the security of information and will comply with relevant legislation with regard to data protection. Internet Image will not access or use any third party data stored on client sites in any way whatsoever. In cases where Internet Image undertakes to perform work on an existing site, the relevant client assumes all liability for ensuring relevant legislation is complied with and hereby assumes liability for any breaches in this regard. In the case of e-commerce sites, any client details transmitted through secure servers will be between the parties concerned. No personal or financial details will be transmitted to, or accessible by, Internet Image or any other third party.
Access by other parties:
Internet Image will not allow access to any of its client's sites by any third party either directly or indirectly. Access details held by Internet Image will not be passed to any other party unless specifically requested in writing by a client. In the event that Internet Image arranges hosting and/or email facilities, these will be administered by a company nominated by Internet Image. This third party will hold details of access codes etc. and full details of the relevant company will be made available to the relevant client(s).
Hacking, malicious code etc.:
Internet Image uses hosting and domain registration services provided by a company that meets the highest industry standards. The computers Internet Image uses in respect of client work are fully firewalled and have up to date security software installed. Internet Image further regularly checks all client sites for the presence of viruses and malicious programs. However, no guarantee can be given that any site is safe from the activities of hackers or anyone injecting malicious code and no liability can be accepted for any losses either direct or indirect resulting from any program, code or viruses on any website. When Internet Image is working on an existing website that is hosted externally, Internet Image will take all reasonable care to check the site fully for any viruses or malicious code/programs, however, it cannot be held liable for any losses either direct or indirect caused by the presence of any such viruses, programs or code.
When Internet Image sets up and provides a client website this will include email facilities. Internet Image will assist fully in enabling any of its clients to setup and run email programs on-site. To ensure consistent delivery of email, Internet Image does not recommend the use of server-side email filtering. It is the responsibility of the client to ensure that any computer used to receive email is properly protected from viruses and unwanted mail.
Guarantees of performance:
Whilst we are among the best at what we do, it is never possible to absolutely guarantee any results from search engine optimization or website design. Internet Image will at all times perform its tasks to the best of its ability and based on the knowledge and experience of its staff. In the event of total non-performance, such as any site failing to rise in search engine rankings for a period of three months after commencement of search engine optimisation work for specified search terms, any client of Internet Image may cancel any work on written notice. Any monies paid for work during the prevailing month at the time of cancellation will be refunded in full with no further liability on either party. Any charges made in respect of site hosting, domain registration and image copyright are passed to third party companies. No refund of any amount can or will be made in respect of these charges. Internet Image will under no circumstances be liable for any losses of any kind whatsoever resulting from the non-performance of any web site. Internet Image will under no circumstances be liable for any damages or claims made by any other company in respect of work on any web site.
Conflict of interest:
Internet Image warrants that so long as it is engaged by any client, it will not undertake to carry out related work for any other client engaged in the same line of business. In case of any potential query, Internet Image will request permission from any client to carry out work for any other client in cases where business might possibly be related, but dissimilar. Once any work and contract has been completed and finalised, Internet Image retains the right to commence work for any other client regardless of any potential conflict.