Terms and Conditions of Business

Martin Ward is a sole trader who trades under the web site name “Imagine”.

1. Payment and Work

• 1.1. No work shall be carried out on behalf of the client until an initial minimum 50% deposit payment has been received and cleared into Imagine’s banking facilities. We operate a fixed fee for a fixed amount of hours policy as this is fair to client and freelancer. Our time is never unlimited without appropriate payment.

• 1.2. Upon receipt of full deposit, basic design concepts will be issued for the client’s viewing and approval (in the case of web design, these will be published online either via our private server or on the clients purchased hosting). A design or page will have two rounds of revisions allowed within budget. Further major revisions will incur additional fee’s.

• 1.3. Upon completion of this stage, Imagine will request an acceptance confirmation for the basic design concept either via email or by signing off on a print-out of the design. The project completion work will commence upon receipt of this document. For web pages we require sign-off on a page by page basis. “Sign-off” means the client is happy that the overall design of the page is complete. The client can revisit the signed off page for minor revisions only. More major changes will incur further fee’s at our hourly rate of £35.

• 1.4. Imagine will not use an identical client design for any other client without the client’s previous knowledge or permission.

• 1.5. Imagine reserves the right to use a theme template more than once so long as a licence has been purchased by the client. A licence for a WordPress theme has to be purchased by the client on completion of the project.

• 1.6. The Client must supply the content to be used including, text, images and video. Imagine recommends the following Stock Libraries to download copyright free images: ShutterStock, VectorStock and iStockPhoto. Imagine can also recommend copywriters to provide written content. All copy for the site or printed media MUST be proof read and 100% complete before you send it over to us – any alterations to copy whilst we design the site will incur extra fee’s.

• 1.7. The client must notify Imagine of any material supplied that is to be returned to the client.

• 1.8. Imagine will provide a five working day period for testing between releases of draft versions. Where no comment or feedback is received from the client within this time, Imagine will assume that the client has agreed to the design provided. No requests for change will be entertained after this time, until the next release.

• 1.9. Communication between Client and Company is crucial during this phase to ensure that the ultimate publication will match the Client’s needs.

• 1.10. Imagine reserves the right to assign certain subcontractors to any project to ensure the right fit for the job as well as on-time completion.

• 1.11. Imagine will assume a project to be completed after the initial project requirements have been technically and adequately met. Upon completion of the site (or design), an email or letter will be sent to the client, advising the client that work has been completed.

• 1.12. Final payment of the remaining balance will be due just before launch of the website going live unless a pre-arranged alternative is confirmed by email.

1.13. Payments from clients must be made via BACS or any online banking payment. Company or personal cheque’s will incur a £20 fee to cover our efforts to get the cheque paid into a bank.

• 1.14. If a CMS has been implemented, Imagine will provide full access once final payment has cleared, unless a pre arranged alternative has been confirmed by email.

• 1.15. Either on contract completion or after final payment, Imagine takes no responsibility for any disputes arising forthwith, from any questionable text, image or video content displayed or embedded within or on the website.

• 1.16. Imagine reserves the right to charge late payment fees (our terms are 7 days) and interest in the case of overdue client payments under the ‘Late Payment of Commercial Debts (interest) Act 1998.

• 1.17. In the cases of late or non payment, Imagine reserves the right to suspend client account services supplied including, but not limited to Website Hosting, Hosting Support Services, SEO Services, BackUp Services and Email facilities. A final reminder for payment due will be sent by email notifying the client this action will take place within 24 hours. In the event of suspension a £100 surcharge to re-active services will be applicable.

• 1.18. Overdue payments shall be automatically passed to a Imagine appointed debt-collection agency, after 30 days of non-payment and service suspension. The client shall assume responsibility for any additional costs accrued to Imagine by taking this action.

• 1.19. Once the Client site has been signed-off, launched, and paid for completely we are no longer liable with regard to web site speed, performance or any questionable server issues of any sort unless the site is hosted by ourselves here at Imagine, where we will endeavour to solve the issues / problems as soon as possible.

2. Cancellation

• 2.1. The client may request a cancellation of a project within 48 hours of deposit payment. All monies paid to that date would be refunded in full to the client. After this period, Imagine will retain any payments made.

• 2.2. Imagine reserves the right to terminate any design, and retain any payments made, in instances where the client fails to respond to a Imagine enquiry within 21 days, without advance notice of absence.

• 2.3 If the client cancels the project, any free offers in relation to the design and build will be waived and not applicable. The client will then be liable for the non-discounted fee.

• 2.4. If the client cancels the project with Imagine before we have started work we reserve the right to charge a one off fee of £50 to cover our time spent on emails, discussions on the telephone etc.

• 2.5. We reserve the right to charge for all aspects of time spent on the project at whatever point the client decides to cancel.

• 2.6. The client must agree to our Terms & Conditions outlined on this page via email before a deposit has been excepted and the project has been started.

3. Amendments

• 3.1. Imagine reserves the right to adjust any previously projected invoice or quote amount in the event of the client amending the project requirements throughout the design or development process. The client shall be notified where changes requested will affect the final projected invoice balance.

4. Web hosting and email accounts

• 4.1. In the case of the Client arranging website hosting, The client is fully responsible for ensuring that the hosting server is capable of receiving the files and that an adequate package has been provided and if not not we reserve the right to charge a small fee of £25 if on investigation the right and proper facilities are not in place.

• 4.2 We reserve the right to cease any hosting account we supply at any time we wish and would give the client 3 weeks notice of the closure. Any monies outstanding would be refunded to the client within one week of closure. Free hosting can be withdrawn also at any time with 3 weeks notice to the client.

5. Domain Names

5.1. Domain names supplied by Imagine are required to be renewed on time by the client otherwise the client may loose their domain.

6. Administration, Consultancy and Costs

• 6.1. Imagine reserves the right to charge additional costs (based on £30 per hour) for liasing with external companies on the client’s behalf. (Example: Discussions with the client’s hosting company.)

• 6.2. The client shall be charged at £50 per hour for any on-site consultancy/meeting time that is requested by the client.

6.3. The client shall reimburse Imagine fully for all costs incurred in the course of providing their services, including, but not limited to: office consumables, telephone calls, travel expenses, meals and accommodation if required.

7. Copyright and Ownership

• 7.1. Unless a licence has been purchased to use a theme template, Imagine retains full ownership and copyright of the client web or graphical design elements until final payment has been received from the client.

• 7.2. Imagine reserves the right to include images of the client website in any Imagine newspaper, magazine, television or website promotional campaign. Imagine will seek written permission from the client, where any such promotion may have a negative impact upon the client name or brand.

8. Backups

• 8.1. For a fee of £75, Imagine will provide the client with one backup copy, of all completed web files on website launch. While Imagine retains backup copies for its own purposes, these files may be archived or deleted at any time by Imagine.

• 8.2. Imagine will retain a permanent backup copy of the client website at a cost of £75 per annum, payable in advance, at the client’s request. In this instance, two backup copies will be retained. One of which will be located in a secure off-site environment.

• 8.3. Additional copies of completed files may be provided at £50 per backup where applicable.

• 8.4. In the event that your website has been attacked by malware or hackers, Imagine cannot be held responsible for loss of data that hasn’t been backed up. Any work required to return your website back to its original state before any incident happened would be chargeable on our standard hourly and daily rates.

9. Website Credits

• 9.1. Unless otherwise explicitly specified in the project requirements, Imagine reserves the right to place a small and unobtrusive “Credits” button or link on the client’s home page or within the main menu. This will feature a link to the Imagine website, which will open in a new browser window. The client will in no way be charged for these additions. This should be considered in the same way as a book publisher’s logo and may not be removed or altered by the client.

10. Miscellaneous

• 10.1. The client must provide contact details for at least one person within their company who is capable of dealing with any issues relating to the design project.

• 10.2. The client is responsible for providing any company logos, literature, copyright free images, video or audio that is to be used within the design. Imagine will not be held responsible for any claims on content that has not be purchased in advance of use.

11. Nondisclosure

• 11.1. Imagine will not disclose any information provided by a client to any external source, without notice to the client. Likewise, the Client will not disclose any information provided by Imagine to any external source, without notice to Imagine.

12. Liability

• 12.1. Imagine will provide, free of charge, any fixes to minor problems experienced by the core design of the website, where the problem is reported within 7 days of completion and where no custom modifications have been made to the files originally provided to the client. If the error is caused by any client modifications, Imagine relevant charges per hour will be levied to the client in respect of correcting the error(s).

• 12.2. Where the client provides any content to Imagine to place upon the client website, the client is fully responsible for ensuring that the content is free from any copyright issues. Imagine assumes no responsibility for content that is included within the website at the client’s request or approval.

• 12.3. Imagine will be under no liability if it should be unable to carry out its obligations under a contract for supply of services as a result of any cause beyond its control such as but not limited to: Act of God, War, Strikes, Lock-out, Flood, Supply of services from 3rd party, Theft of Computer systems.

• 12.4. Imagine shall under no circumstances whatsoever be liable for any indirect or consequential loss by the Client howsoever caused.

• 12.5. Imagine’s liability in respect of breach of non-performance shall be limited to the contractual value of the service to which the claim relates.

13. Laws affecting Electronic Commerce

• 13.1. The Client agrees that they are responsible for complying with such laws, taxes and tariffs and will hold harmless, protect and defend Imagine and its sub-contractors from any claim, suit, penalty, tax or tariff arising from the client’s use of Internet Electronic Commerce. Client also understands that Imagine cannot provide any legal advice.

14. Maintenance Agreements

• 14.1. Maintenance agreements are negotiated on a client-by-client basis and each client will have differing needs. If you have chosen a maintenance agreement, the terms of which will be listed in our agreement.

• 14.2. Imagine offers two kinds of maintenance agreements. In one, the Client pays a one-off, fixed, pre-paid annual amount (Retainer) for changes such as changing prices to an item, adding additional inventory or making moderate graphic changes. In the other agreement, the Client pays on an ‘as needed’ hourly basis, in hour increments with a smaller, fixed, pre-paid ‘Retainer’ fee.

• 14.3. If a maintenance agreement has been selected with Imagine and the Client or an agent of the client other than Imagine attempts to update the site on their own and damages the design or impairs the ability for the WebPages to display or function properly, time to repair web pages will be assessed at the appropriate hourly rate. There is a 1-hour minimum. In this regard, Clients are encouraged to obtain a maintenance agreement with Imagine

Terms and Conditions are subject to change without prior notice.

Our hourly rate is £35 per hour. No VAT is applicable.