Terms & Conditions

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1. DEFINITIONS

In these conditions “the Customer” means the person, firm or company who commissions the services of Infinity8 Websites, Sales & Marketing “the Company”. By commissioning the Company to undertake work “the project” on their behalf, the Customer agrees that these Terms and Conditions of Trading define our working relationship. All projects, services or goods that the Company may be contracted to produce or provide for the Customer will be subject to the following conditions:

 

2. FEES

All prices quoted are exclusive of VAT. For each project, the Customer will receive an estimate outlining the project specifications and estimated fees for our time based on the Company’s current hourly rate and, where appropriate, any goods and professional services commissioned by the Company in order to complete the project. Work will begin upon the Customer’s written approval of the estimate and this will constitute an agreement. The Customer agrees to pay the Company in accordance with the terms specified in each proposal/estimate. Estimates are valid for 15 working days from the date on the estimate.

 

3. PAYMENT

Unless otherwise agreed in writing by the Company, all Customers are required to pay a 50% non-refundable deposit of the project cost before work can begin and all subsequent balances due are payable upon approval. The costs of promotional flyer/leaflet printing, or any third party services must be paid in advance. All credit accounts shall be paid up in full within 30 days of the invoice date. The Company reserves the right  to refuse completion or delivery of work until past due balances are paid. The Customer shall pay the Company’s costs, charges and expenses directly or indirectly incurred in obtaining or otherwise enforcing payment of outstanding accounts. For some projects the Company may charge stage payments or monthly payments. The Company reserves the right to make a search with a credit reference agency, which may keep a record of that search and will share the information with other businesses. The Company may also make enquiries about the principal directors with credit reference agencies.

 

4. TIMESCALES, REVISIONS & ALTERATIONS

The Customer agrees to provide the Company with all the necessary information they require to progress the project in a reasonable timescale. Delays of more than 15 working days by the Customer to provide the necessary information will constitute a breach of contract. The Company reserves the right in such circumstances to terminate the contract and recover the total cost of the project.
New work requested by the Customer and performed by the Company after a proposal/estimate has been approved is considered a revision or alteration. If the job changes to an extent that substantially alters the specifications described in the original estimate, we will submit a revised proposal/estimate to you, and a revised additional fee must be agreed to by both parties before further work proceeds. When contact reports are issued by the Company’s staff of meetings between the Customer and the Company the contents will be taken to be a correct record of the meeting to which it refers if it is not questioned by the Customer within three working days of its receipt. Author’s alterations or changes to copy or content requested after the artwork is completed are billed at our standard hourly rates (£15 p/h).

 

5. OVERTIME & RUSHED ORDERS

Estimates are based on a reasonable time schedule and may be revised to take into consideration Customer’s “Priority Scheduling” requests requiring overtime and/or weekend working. Knowledge of deadlines is essential to provide an accurate estimate. In addition suppliers may mark up their charges in respect of work required in a rush and these will be charged for.

 

6. EXCLUSION OF LIABILITY

Under no circumstances what-so-ever shall the Company be liable for any indirect or consequential loss, including loss of profits,  without prejudice to the other provisions of these conditions. The Company’s liability shall not exceed the total of the contract fees for the project. The fees for any project are based on the assumption that the liability of the Company and Customer are as set out herein.

 

7. COPY & PROPERTY BELONGING TO OTHERS

The Customer agrees to exercise due diligence in its direction to us regarding preparation of materials and must be able to substantiate all claims and representations. The Customer is responsible for all trademarks, copyright and patent infringement clearances and is responsible for arranging, prior to publication, any necessary legal clearances, licenses, and usage or royalty payments.

 

8. ERRORS & OMISSIONS

It is the Customer’s responsibility to check proofs carefully for accuracy in all respects including but not limited to prices, spelling, dimensions and distances. The Company is not liable for errors or omissions. The Customer’s signature or that of his/her authorized representative or electronic approval is required on all proofs or artwork prior to release for printing/or going live online, or other implementation.

 

9. OVER & UNDER RUNS

Our printing service: Some printers’ terms enable them to deliver over or under the quantity ordered and to charge accordingly. In such cases the Customer will accept over runs or under runs that do not exceed +/- 10% of the quantity ordered and the Company will bill for the actual quantity delivered within this tolerance.

 

10. WEBSITE DESIGN, MARKETING & HOSTING

The design and development of all websites and marketing is subject to extra terms and conditions, but not excluding these terms and conditions – see website design terms & conditions. Hosting of websites by the Company on its own servers or through other hosting companies is subject to terms and conditions extra but not excluding these terms and conditions – see website hosting terms & conditions.

 

11. PROPERTY & SUPPLIERS PERFORMANCE

The Company will take all reasonable precautions to safeguard property entrusted to it. In the absence of negligence on its part, however, the Company is not responsible for loss, destruction or damage or unauthorized use by others of such property. The Company will use its best efforts to ensure quality and timely delivery of all artwork, printed matter, websites, social media posts and other materials. The Company will use its best efforts to guard against any loss arising from the failure of its suppliers, media, or others to perform in accordance with their commitments but the Company is not responsible for failure on their part. The Company cannot in any way be held responsible for quality, price, performance or delivery of materials made or supplied by others where the work has been placed directly by the Customer or his/her agents.

 

12. LIEN

All materials or property belonging to the Customer, as well as work performed, may be retained as security until all just claims against the Customer are satisfied.

 

13. RIGHTS OF OWNERSHIP

Once a project has been delivered by the Company and is fully paid for by the Customer, the Company will assign the reproduction rights of the design for the use(s) described in the proposal. The rights to all design and artwork, including but not limited to photography, music and or illustration created by independent photographers, artists or illustrators commissioned by the Company, or purchased from a stock agency on behalf of the Customer, remain with the individual designer, artist, photographer or illustrator or their agents. The Customer may not use or reproduce the design, work or the property therein for a purpose other than the one(s) originally stipulated unless a transfer of rights and the payment of any additional fees has been made. The Company reserves the right to photograph and/or distribute or publish for its promotional and marketing needs any work created, including roughs, visuals, mock-ups and presentations, as samples, Company newsletter, brochures, presentations and website and for entry for awards. The Company will endeavour to store files on computer disks for a period of 6 months beyond the delivery of a job, thereupon the Company reserves the right to discard them without notice.

 

14. LIMITATION

The Customer will indemnify and hold the Company harmless for any loss or expense (including legal fees), and agree to defend the Company in any actual lawsuit, claim or action arising in any way from the working relationship. This includes but is not limited to claims made against the Customer and any of its products and services arising from the publication of materials prepared by the Company and which the Customer approves before publication.

 

15. FORCE MAJEURE

Production schedules, storage of files and property belonging to the Client will be established and adhered to by both Customer and the Company, provided that neither shall incur any liability, penalty or additional cost due to delays caused by a state of war, riot, civil disorder, fire, industrial dispute or strike, accidents, energy failure, equipment breakdown, delays in shipment by suppliers or carriers, action of government or civil authority (including Pandemic situations such as the 2020 Corona Virus outbreak), and acts of God or other causes beyond the control of the Customer or the Company. Where production schedules are not adhered to by the Customer, final delivery date or dates will be adjusted accordingly.

 

16. GENERAL

The validity and enforceability of this agreement will be interpreted in accordance with the laws of England but the Company reserves the right to bring proceedings in connection with this contract in any other court of competent jurisdiction. Failure by the Company to enforce any of these conditions shall not be construed as a waiver of that condition or any other condition.

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17. DETAILED PAYMENT & DELIVERY TERMS

1. Payment Terms

   1. Monthly hosted website packages come with a detailed listing of what services are included in said package.

   2. Monthly payments will be invoiced and collected by Bank Transfer or PayPal, starting from the launch date of the website and monthly from that date. Payments are paid monthly in advance for all paid monthly customers.

   3. Payments are to be made for the life of the website, unless you give 4 weeks written notice period of website termination and a £100 cancellation fee.  

   4. Failure to meet payment terms will result in cessation of your website hosting until payment is made, an admin fee of £50 will be made to relaunch the website. This will only be valid for a period of 60 days, after which the site will be removed from our platform and a termination fee of £100 will be added to any outstanding balance you owe the company.

   5. If you wish to cancel, your website will stay live for up to 30 days from your last payment, You must give 4 weeks written notice period of website termination and a £100 cancellation fee.  

   6. Future amendments, additions and changes to the website will be charged at the prevailing hourly rate. Currently £15 per hour.

   7. For all yearly, 2 yearly or 3 yearly hosting packages, the full amount is due 2 weeks before the website goes online. To renew these packages, full payment must be received 2 weeks before the anniversary of the commencement of the original package. If you do not wish to renew, we require 2 weeks notice before the renewal date.

   8. All payments due as per contract, will be invoiced to you, and payment must be received no later than 14 days after the invoice date.

2. Delivery

   1. Your website will normally be set up and online within 2 - 4 weeks, depending your requirements, and of you completing the checklist provided, and providing any specific content for your website. Work will not start until all the information in the checklist is provided. For business & E-commerce sites, this process may take longer.

   2. All material for the website – images and text - will be provided by the customer.  And as previously stated, the client shall take responsibility for ensuring all copyright clearances are obtained on material provided to Infinity8 Website Sales & Marketing. If we are asked to provide the images, a third party professional will be used. A quote for this will be given.

   3. We will provide access to your website through our platform.

   4. Your site will be launched on the domain name that you register for your business.

   5. Deposits of 50% will be required after initial consultation and signing of contract. Remainder of fee will be required on the date the website goes live. Additionally, yearly, 2 yearly & 3 yearly hosting package charges must be paid in full, 2 weeks before site goes online. Any additional work the customer requires outside of the contract price, will be billed immediately and payment of 50% required, with the outstanding balance payed when contract has been completed.

   6. In the event that the servers go offline for maintenance or for any unforeseen reasons, we will endeavor to inform you as swiftly as possible. We will investigate these issues straight away and keep you informed. We will not be held liable for lost sales or revenue due to these unexpected circumstances.

   7. To have a website online, you will be required to have a site created by us. You will be responsible for paying the website hosting charges, and you will need to pay a lease on a domain name.

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Please note that although your domain name is transferable, the actual site design is not.

Any extra work or amendments to your site that are not included in the initial contract, will be charged at a rate of: £15p/h weekdays 9am - 5pm, & £20p/h for all other times including evenings and weekends.

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