Inigo Web Design

Terms & Conditions

Terminology

Definition of our terminology as used within this document:

Terms and Conditions

The contract between Inigo Web Design and the client will be on these conditions to the exclusion of all other terms and conditions. Any variations to these conditions shall have no effect unless agreed in writing. Please read these terms and conditions carefully. By accessing this website and paying for our services you agree to be bound by the terms and conditions below. These terms and conditions are subject to change without notice, from time to time at our sole discretion. We will notify you of amendments to these terms and conditions by posting them to this website.

The works to be carried out shall be as set out in the Inigo Web Design confirmation order email and/or project outline PDF document. Once the deposit is received by Inigo Web Design, this contract becomes legally binding and all monies owed for the work carried out must be paid in full.

Inigo Web Design will only commence work on a project after receipt of the initial deposit. For projects quoted under £1,000 this shall generally be 50% of the quoted cost. Projects over £1,000 may be paid over three or more instalments. The exact instalment structure may vary between each project and will be at our discretion. The final instalment is to be made on completion of the website or project. The website will be switched to live mode or project files handed over once the client's remaining balance is paid in full.

The deposit paid to Inigo Web Design covers the cost of design work carried out. It is not possible to refund a deposit once Inigo Web Design have started the design if the client wishes to cancel the project. Inigo Web Design reserve the right to decide whether a refund is applicable if requested by the client for any reason. A refund is not guaranteed by Inigo Web Design but possible providing Inigo Web Design decide upon this option. Once the client has approved the second stage of the development, which is the creation of screen captures and approval of the third stage, which is the development of the website, then the client is fully liable to pay for the complete amount of the project cost agreed on the order invoice.

If a client wishes to cancel any or all services provided, a written confirmation is required 30 days before the renewal of any allocated services.

Inigo Web Design shall expect the client to carry out sufficient research before proceeding with a website. This will include checking that the website/idea/business will operate legally within UK law. It is important that the website is not in any way illegal. Any content including, images, text, logo or business identities copied from another website and supplied to Inigo Web Design for use on their website is strictly prohibited, and in any such case, Inigo Web Design are not liable for this as the client will take full legal responsibility.

Where images used on the website have been purchased by Inigo Web Design on behalf of the client, these images are strictly for use on the website only. Inigo Web Design are not liable for misuse of these images by the client or any other person/s copying, altering or distributing the images to individuals or other organisations.

Inigo Web Design will provide hosting for the client with any standard design package on an annual basis. The client must ensure that all payments are made on time to keep the website active. In doing so we will endeavour to provide a reliable and professional service to the client at all times but do not guarantee that the website hosting will be available at all times, especially in the event of a technical failure beyond our control.

Inigo Web Design cannot be held responsible for anything adversely affecting the client’s business operation, sales, or profitability that they might claim is a result of a service provided by Inigo Web Design.

Where we have been asked to provide search engine optimisation for a client, we do not guarantee any specific placement or high ranking on search engines. The client is assumed to understand that rankings develop over time and are subject to changes in search engine algorithms and as such, can never be guaranteed

Website Development

Inigo Web Design own all design and code of the website until final payment has been received in full. Once final payment is received, the client will then own the design and code of the website. CMS and email access, where applicable, is only gained by the client once full payment is received for the project. The details are then handed over to the client. Inigo Web Design will ensure the website will be working fully from both the frontend/backend on handover. There is a 7-day grace period for the client to submit any functionality adjustments if need be, after which web updates will be charged at standard rates.

Inigo Web Design’s CMS platform prices and upgrades can change at any time. Inigo Web Design shall inform the client of any upcoming changes in writing, typically 24/48 hours before any new changes, or in some urgent cases and security reasons without prior notice. If Inigo Web Design notices any security or vulnerability risks to its CMS platform, then it has all rights to upgrade and change the CMS to secure its operation and Intellectual Property rights.

All images displayed on the client’s website will only be used after authorisation by the client and are the sole responsibility of the client regarding usage and copyright. Should any legal issues or claims arise from the content or copyright of any images supplied by the client OR Inigo Web Design, they will be the sole responsibility of the client. Where logo designs are provided as part of the agreed web development package, they will be free if the project is completed in full. If the project is postponed or cancelled, then a full fee of £199 is chargeable to the client.

The Client agrees to indemnify, defend and hold Inigo Web Design and its affiliates, agents, employees, and licensors (including the third party service providers) harmless from any and all claim, demand, loss, costs or expense, including solicitors’ fees, made by any person arising out of the Client’s violation of this Agreement, or any other person’s rights including but not limited to infringement of any copyright or violation of any proprietary or privacy right. Under no circumstances, including but not limited to a negligent act, will Inigo Web Design or its affiliates, agents, employees, or licensors (including third party service providers) be liable for any damages of any kind that result from the use of, or the inability to use, Services, even if any such party has been advised of the possibility of such damages. In the event that a court or arbitration panel, as the case may be, should hold that the limitations of liability or remedies available as set forth in this Agreement, or any portions thereof, are unenforceable for any reason, or that any of Client’s remedies under this Agreement fail, then Client expressly agrees that under no circumstances will the total, aggregate liability of Inigo Web Design and its third party service providers, employees, distributors, agents or affiliates, to Client or any party claiming by or through Client for any cause whatsoever exceed £100 GBP, regardless of the form of action and whether in contract, statute, tort or otherwise.

Inigo Web Design may from time to time employ freelance designers to cope with the demand of our web design/graphic and programming services. Should any legal issues or claims arise from the website/graphic development or copyright of any images/videos/scripting supplied to the client, it is the sole responsibility of the freelance designer and not Inigo Web Design as a business.

Any domain names registered by Inigo Web Design will be registered to the Inigo Web Design’s trading address. Although the domain names are registered to Inigo Web Design, the client is the legal owner of the domain and if they request to have the details changed or the domain transferred elsewhere, Inigo Web Design will do this within a reasonable time.

All new registered domain names by Inigo Web Design will have an expiry date after 1 year of being activated. It is the responsibility of the client to renew their domain names when due. If a domain name expires, Inigo Web Design can not be held liable for this. However, Inigo Web Design will make reasonable effort to contact the client regarding domain renewal.

Inigo Web Design will guarantee to submit your completed website to the Google search engine. Please note, there is no guarantee on how long it will take in total for your site to be included, it usually happens within 48 hours but it could take longer depending on the search engine crawlers. Inigo Web Design will optimise websites for search engines to the highest standards utilising current ‘white-hat’ SEO techniques with appropriate META tags, headings, links, and semantic HTML structure used with optimisation and accessibility in mind, in order to successfully gain our clients higher page ranks; yet this is subject to Google’s indexing results and Inigo Web Design shall not be held liable for the final results.

Inigo Web Design will provide a 99.9% uptime guarantee of our hosting servers including our CMS Hosting Platform, this does not include planned maintenance procedures or DOS Attacks that can infiltrate a hosting platform and would require urgent action, which can lead to prolonged downtime out of Inigo Web Design’s control. Inigo Web Design shall not be liable for any loss of data if the client makes accidental changes to any part of their service with us.

Renewal of “hosting” is due on a yearly basis. The date of renewal will be annually, occurring in the month of April, and will account for any interim period between then and the date the website was launched on a pro-rata basis. The “hosting” will not be renewed if we cannot contact the customer or the customer requests for us to not host this site.

The hosting renewal charge must be received within 14 days of the hosting expiry date. We reserve the right to deactivate any website where the hosting has expired and the client has not paid the renewal charge. There will be an admin fee equivalent to one year's hosting for reactivating the website / hosting. If the client wishes to terminate the hosting and domain and transfer it to another provider, Inigo Web Design will do this for a specified admin fee at the time of the transfer.

If the client does not use Inigo Web Design hosting services then the management and hosting of the domain name are the full responsibility of the client. If the client provides us the information for their own chosen hosting with an alternative provider, they must assure all FTP details are correct. If any errors occur during the upload or download via the clients server, or if any personal data related/unrelated is corrupted or destroyed, Inigo Web Design are not liable for this.

Inigo Web Design has no control of, or responsibility for, the content of our client’s websites. In no way does the textual or image based content of our client’s websites constitute Inigo Web Design endorsement, or approval of the website or the material contained within the website. Inigo Web Design has not verified any of the materials, images or information contained within our client’s websites and is not responsible for the content or performance of these sites or for the client’s transactions with them. Inigo Web Design provides links or references to our client’s websites solely for the convenience of prospective customers and intends that the links it provides be current and accurate, but we do not guarantee or warrant that such links will point to the intended client site at all times.

If a project takes longer than 2 months to complete, due to our fair work policy, any extra work is chargeable to the client at £50 per hour. This will be reviewed by management at the time of the extended period and all relevant matters and information relating to the delay will be taken into consideration.

If a domain name is purchased by the client through a company other than Inigo Web Design, the client has full responsibility in making sure that the domain name is renewed when due. Inigo Web Design will not renew the domain name when annual hosting renewal is due if the domain name is purchased through a company other than Inigo Web Design.

Until full payment has been made, Inigo Web Design retains ownership of all original artwork or parts contained therein, whether preliminary or final. Upon full payment, the client shall obtain ownership of the final artwork to use and distribute as they see fit. Inigo Web Design retains the right to use the completed project and any preliminary designs for the purpose of future publications on design, marketing materials and portfolio.

The designer shall make every effort to ensure the final product is free of any grammatical and spelling errors, before giving the final product to the client. It is agreed that it is the client’s responsibility to ensure that there are no spelling or grammatical errors or website functionality errors contained in the final product. It is agreed that the designer or Inigo Web Design is not responsible or held liable for any errors contained in the final product after the final product has been published in view of the public and handed over to the client.

Termination clause

Notwithstanding any other provision of this Agreement, Inigo Web Design reserves the right, in its sole and absolute discretion, to suspend or terminate access to the hosted web services, including but not limited to any client's website(s), at any time and without prior notice. Such action may be taken for any reason deemed appropriate by Inigo Web Design, including but not limited to breaches of this Agreement, any conduct by the Client that Inigo Web Design considers to be unacceptable, or failure to pay outstanding invoices within the agreed-upon time frame.

In the event of suspension or termination under this provision, Inigo Web Design shall not be obligated to provide advance notice to the Client and shall not be liable for any consequences or losses arising from such suspension or termination. The Client acknowledges and agrees that this right is necessary for Inigo Web Design to protect its business interests and maintain the integrity of its services. Further, the Client agrees to indemnify and hold harmless Inigo Web Design from any claims, damages, losses, or expenses incurred as a result of the exercise of this right.

Last updated 15.04.24