Terms and Conditions
- You – the client
- Zetec IT Solutions / Zetec Digital – the company
- The deliverables of the project as identified in the project proposal or quotation – The product
The following terms and conditions apply to any work undertaken and/or provided by Zetec 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.
If a Client approves any work provided by the company then the Client will be deemed to have satisfied themselves with the quality of the work and any changes after this point will be subject to further charges.
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 the company are defined in the project proposal or quotation that the Client receives digitally or physically. Quotations are valid for a period of 14 days. The company reserves the right to alter or decline to provide a quotation after expiry of the 14 days.
Unless agreed otherwise with the Client, all services require an advance payment of a minimum of ten (10) percent of the project quotation total before the work is supplied to the Client for review. A second charge of forty (40) percent is required after the design stage, with the remaining fifty (50) percent of the project quotation total due upon completion of the work, prior to upload to the server or release of materials.
We charge an hourly rate of £20 per hour, although this fee is adjustable depending on the amount of work to be conducted. We also charge a minimum amount of £20 for any work commissioned.
Payment for services is due by cheque or bank transfer. Cheques payment details will be released as required. Bank details will be made available on invoices.
Stages/Phases of Project
All projects will be completed under a loose four (4) stage/phase process as outlined below:
1. Requirements – gathering the requirements for the product and creating a project proposal.
2. Design – creating a user interface and user experience for the product.
3. Development – developing the product using appropriate technologies as outlined in the project proposal.
4. Delivery – the product will be handed over to the client and/or launched as required.
The Company will provide the Client with an opportunity to review the work completed in the design stage and once the product is completed. At the completion of the project, such materials will be deemed to be accepted and approved once the client has approved the product.
Turnaround Time and Content Control
The Company will provide the product by the date specified in the project proposal, unless a delay is specifically requested by the Client and agreed by the company.
In return, the Client agrees to delegate a single individual as a primary contact to aid the company with progressing the commission in a satisfactory and expedient manner. During the project, the company will require the Client to provide website content; text, images, movies and sound files unless otherwise agreed by the company. Upon request the client has up to 48 hours to provide the content, any additional time taken will be added to the project deadline.
The company require the client to provide any content associated with the product before the design stage will commence, the content to be provided will be discussed and arranged between the company and the client before the project starts.
Upon request for any content or feedback the client has up to 48 hours to
provide the content, any additional time taken will be added to the project
deadline. Our initial project proposal timescale is based around
satisfactory and expedient efficient communication between the client and
the company and therefore any delays will be compensated for in the project
Using our content management system you are able to keep your content up to date yourself. It is not our responsibility to rectify or change any content after initial content has been provided. This must be done via the Content Management System on product handover.
Invoices will be provided by the company upon completion but not before the delivery stage of the project. 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 be assessed a service charge in the amount of the higher of one and one-half percent (1.5%) or £30 per month of the total amount due.
The Client agrees to reimburse the company for any additional expenses necessary for the completion of the work. This includes the purchase of fonts, imagery and licences.
The product will be tested and developed to be compatible with the most up to date and relevant platforms up to three (3) versions. This is dependent on the nature of your product.
The company do not take responsibility for compatibility issues with platforms that are more than three (3) versions out of date or have not been updated for more than three (3) years.
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 the company’s Web space, the company will, at its discretion, remove all such material from its web space. The company 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 The company reasonable expenses, including legal fees and costs for collection by third-party agencies, incurred by the company 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. The Client will be invoiced for any work completed to the date of first notice of cancellation for payment in full within thirty (30) days.
All of the company’s services may be used for lawful purposes only. You agree to indemnify and hold the company harmless from any claims resulting from your use of our service that damages you or any other party.
The Client retains the copyright to data, files and graphic logos provided by the Client, and grants the company 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 the company permission and rights for use of the same and agrees to indemnify and hold harmless the company from any and all claims resulting from the Client’s negligence or inability to obtain proper copyright permissions. A contract for website design and/or placement shall be regarded as a guarantee by the Client to the company that all such permissions and authorities have been obtained. Evidence of permissions and authorities may be requested.
A link to the company’s website will appear in either small type or by a small graphic at the bottom of the Client’s website. If a graphic is used, it will be designed to fit in with the overall site design. If a client requests that the design credit be removed, a nominal fee of 10% of the total development charges will be applied. When total development charges are less than £5000, a fixed fee of £500 will be applied. The Client also agrees that the website developed for the Client may be presented in the company’s portfolio.
Ownership of IP
The product, regardless of state, remains the intellectual property of the company until payment has been made in full from the client; when it then becomes property of the client. Whilst owned by the company, the company retains the right to use or manipulate the product as they see fit.
If the product is to be installed on a third-party server, the company must be granted temporary read/write access to the Client’s storage directories which must be accessible via FTP. Depending on the specific nature of the project, other resources might also need to be configured on the server.
The company cannot accept responsibility for any alterations caused by the client or a third party occurring to the product once delivered. Such alterations include, but are not limited to additions, modifications or deletions. Remedies for any alterations will be charged at the company’s hourly rate.
The company may purchase domain names on behalf of the client. The company will manage the renewal of the domain and invoice the cost annually to the client. The client cannot cancel the renewal of the domain thirty (30) days before the renewal date. The domain remains owned by the client.
The company may provide hosting to the client to host their product. The company will manage the renewal of the hosting and invoice the cost annually or monthly to the client as desired. The client cannot cancel the renewal of the domain thirty (30) days before the renewal date. The domain remains owned by the client.The server which the product is hosted on, is managed by a third party organisation and may experience occasional downtime. This is out of the control of the company and the company will not be held liable for such occurrences.
These Terms and Conditions supersede all previous representations, understandings or agreements. The Client’s signature below or payment of an advance fee constitutes agreement to and acceptance of these Terms and Conditions. Payment online is an acceptance of our terms and conditions.
This Agreement shall be governed by English Law.
The company 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;
- Loss or damage caused by delay or error, whether the result of negligence or other cause in the production of the product;
- Loss or damage to clients’ content, supplied for the site. Immaterial whether the loss or damage results from negligence or otherwise.
The entire liability of the company 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,