1.Insite Website Design is a Freelance entity oprated by Mr. Dinusha Kumarasinghe. – henceforth referred to as “Insite Website Design”.
2. These terms and conditions apply to the creation by Insite Website Design of any website and associated hosting and maintenance services or creation of ‘other multimedia solutions’ (as defined below) for a client – henceforth referred to as the “Client”.
3. These terms and conditions are intended to form a binding contract between Insite Website Design and the Client, which should be interpreted only under English (US) law. Nothing in the following clauses overrides any rights that the Client has in law, other than where it is agreed in law that this is allowable.
Website Creation.
4. Upon receipt of confirmation of an order for a Insite Website Design website, and an initial fee being paid with order, Insite Website Design undertake to do the following:
- If required, register (and pay for) a suitable website name such as your-business.com – which will be registered in the Client’s name.
- Design and create in timely fashion a website with an appropriate navigation system. Websites will be designed such that they are suitable for display at screen resolutions 800 by 600 or 1024 by 768 (or equivalent) or more in Internet Explorer, Fire Fox, Opera and Safari web browsers (latest two versions), and running on PCs running Microsoft Windows 2000 or later, and Apple Macintosh systems running the latest OSX versions.
- Incorporate into the website such text and pictures as are supplied in suitable form by the Client. It is the Client’s responsibility to ensure that they have the necessary copyright to use any images which they supply for use on their website, and the Client indemnifies Insite Website Design against any action resulting from any failure on their part in this matter. NOTE. Where pictures are supplied by Insite Website Design for a website then the Client has non-exclusive use of these images which may not be used other than on the website.
- Provide, if required, a standard end-user inquiry form that will allow website users to contact the email address by the Client to Insite Website Design.
- Provide an initial hosting service without charge so that the Client can view their draft site.
5. The Insite Website Design copyright notice must remain on the footer area of the designed site during drafting and after.
Website Acceptance, Ownership and Cancellation
6. When Insite Website Design believe that they have completed a satisfactory design for the Client’s website, the Client will be shown the design and asked to approve it. If the Client approves the site, or does so after subsequent agreed changes, then the website will be deemed to be accepted. The site will only be put fully live on the internet under the Client’s website name once Client acceptance has been received and the final agreed design payment has been made. The date when the website is put fully live under the Client’s website name is the ‘go-live’ date.
7. Insite Website Design reserve the right to cancel this contract at any time without explanation or compensation, returning all materials supplied and returning any fees paid (less expenses directly incurred in registration of a website name for the Client).
8. Ownership of the website remains with Insite Website Design until Client acceptance has been received. Thereafter Insite Website Design grants the Client exclusive use of design features and material not originally supplied by the Client. This use is limited to the single Internet site created by Insite Website Design under this contract, and comprises solely the HTML and PHP pages created, or their equivalents, Web Multimedia Video, and Adobe Flash if relevant.
Website Maintenance for Custom Designs (Exclude Design Packages)
9. Client MAINTAINING OWN WEBSITE. In this case the Client will be provided with logon details and password, using the Content Management System. No additional charges are made. Any page which has been amended directly by a Client becomes the Client’s own responsibility including the provision of backups. Insite Website Design will, at their sole discretion, offer reasonable assistance in resolving issues that arise.
10. Insite Website Design MAINTAINING WEBSITE – MINOR EDITS. Insite Website Design will, at no charge, make minor edits on request to an existing website created and hosted by Insite Website Design. A minor edit is one of the following:
a change to or addition of a telephone/fax number, email address or postal address
a correction of a spelling mistake or other ‘typo’.
a change to opening times or equivalent features.
a change to prices (limited to 20 products, thereafter chargeable)
11. Insite Website Design MAINTAINING WEBSITE – MAJOR EDITS. If the Client requests changes to an existing website which fall outside of the ‘minor edits’ defined above, Insite Website Design will be entitled to raise a pre-agreed charge on a per occasion basis (which covers all changes made at one time), to be paid in advance. Insite Website Design reserve the right to judge whether the scope of such a potential edit has been exceeded and actually constitutes a major site redesign.
Website Hosting
12. Clients should note that Insite Website Design use reliable third party hosting services, and reserve the right to change the hosting service used at will so as to provide the most reliable and cost-effective service possible.
13. The annual hosting fee is designed to be suitable for typical small business use. It is not suitable for any site which makes heavy use of bandwidth through use of multimedia or otherwise, or which attracts a mass market audience. Insite Website Design therefore reserves the right to immediately withdraw from, or renegotiate hosting services with, any Client whose use of bandwidth or storage space is deemed by Insite Website Design as inappropriate to the basic Insite Website Design hosting service.
14. Insite Website Design does not allow its hosting facilities to be used for illegal, immoral or distasteful websites. The Client agrees that any content introduced to the site may be inspected by Insite Website Design staff without hindrance and notes that hosting may be withdrawn without notice if such content is found.
Other Multimedia Solutions
15. Where Insite Website Design is asked to create ‘other multimedia solutions’ (for example, CD/DVD delivered multimedia) then a bespoke price will be agreed, with an advance payment of 40% of the production cost due in advance, 60% on delivery of an agreed final version.
16. The provisions made elsewhere in this document with regard to creation, maintenance, copyright, ownership and liabilities apply equally to ‘other multimedia solutions’, though interpreted so as to be relevant to the characteristics of ‘other multimedia solutions’.
Limitations of Liability
17. Where Clients use a third party product or service (e.g. PayPal/Worldpay for e-commerce) then their relationship is exclusively with the supplier of that product, EXCEPT for WordPress Content Management System. Though Insite Website Design may introduce these products and services, it is entirely up to the Client to inform themselves both as to benefits and risks and to correct usage.
18. The Client should note that the internet is operated by many companies not under Insite Website Design control, and that it is therefore not possible for Insite Website Design to guarantee quality of service beyond using reasonable endeavors to solve Client issues.
19. Insite Website Design can in no circumstances be liable for any consequential loss on the part of the Client howsoever caused.
20. Insite Website Design shall not be liable for any failure to register or renew any website name (domain name) as requested by the Client, or for any delay in so doing which results in the loss of the domain name. Clients are advised that registration is ultimately their responsibility and that they can check status of any domain name via http://www.insitewebsitedesign.com/insitewebsitedesign/go/host-gator.php
21. Insite Website Design shall not be liable for the loss or delay of any email directed to or from an email address supplied under the Insite Website Design service. Clients are advised that it is their responsibility to perform regular checks that their email is fully operational.
22. Insite Website Design shall not be liable for breaks in service or availability of the Client’s website, except insofar as it will extend the hosting period paid for proportionately to any such break in service.
23. Insite Website Design shall not be liable for the misuse of data of any kind associated with the website and obtained in a fraudulent or illicit manner by third parties.
24 These terms constitute the entire agreement between Insite Website Design and the Client, notwithstanding any previous agreement be it written or oral or in any other form. Heading are indicative only, and should not be used to further define any clause. Any variation to these terms are valid only if agreed in writing and signed by a Director of Insite Website Design.
