Terms & conditions
Definition of our terminology as used within this document:
1. A 'Project' is any work undertaken or service provided by Illumini Design for the Client on their request and as described in our confirmation order email to that Client.
2. A 'Client' is a person, persons, business or organisation
using any of the services provided by Illumini Design.
3. 'Live Mode' means the date the website is available on
the Client’s chosen domain.
4. 'Domain' is the website address as specified by the Client.
5. 'Open Source Software' is software made freely available
to anyone under the GNU General Public License (GPL).
6. 'Hosting' is a yearly cost to keep a clients website
activated online.
7. 'Content' is both text and images that the Client requires
on the website.
Illumini Design Terms & Conditions
1. The contract between Illumini 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.
2. The works to be carried out shall be as set out in the
Illumini Design confirmation order email.
3. Email will be the method of contact with regard to all
communication. Although Illumini Design can be contacted
by telephone, we will use email as our method of communication
and therefore it is the Client's responsibility to inform
us of any change in email address so we always have up to
date email contact details. Illumini Design can not be held
liable in any way relating to communication issues if we
are not supplied a valid email address.
4. Illumini Design will only commence work on a Project
after receipt of 50% deposit of the quoted Project fee from
the Client. Illumini Design will also require 25% payment
on approval of the overall design concept. The final 25%
payment is to be made on completion of the website. The
website will be switched to Live Mode once the Clients remaining
balance is paid in full.
5. The deposit paid to Illumini Design covers the cost of
design work carried out. It is not possible to refund a
deposit once Illumini Design have sent the first design
to the Client. Illumini 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 Illumini Design,
but possible providing Illumini Design decide upon this
option.
6. If Ilumini Design agree to design your website you acknowledge
and agree that you are responsible for supplying to Illumini
Design the materials which you would like to be included
in the building of your web site. Illumini Design may reproduce,
as well as digitally manipulate the materials in the course
of building your website and you confirm that we are allowed
to do so. Illumini Design reserve the right to reject any
part of the material submitted if it is deemed by us unsuitable
for inclusion within your web site. Illumini 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. It is important
that the website is not in any way illegal.
7. It is important for the Client to keep in contact with
Illumini Design throughout the entire Project. If we do
not receive email contact from a Client for more than 3
months, the Project may be terminated, and the deposit will
not be refunded.
8. Where images used on the website have been purchased
by Illumini Design on behalf of the Client, these images
are strictly for use on the website only. Illumini 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.
9. You agree to provide Illumini Design with any user names
or passwords required to access your web server in order
that Ilumini Design can upload and maintain your website.
After completion and the uploading of your website to your
web server, you may change the passwords to your web server
at anytime.
10. You accept that we will not be responsible for holding
design material for more than one month from date of completion
and uploading of your website to your web space. You must
write to us on your company or business letterhead instructing
how and when to return the design material along with a
self-addressed postage paid envelope before the expiration
of the one month period if you desire the material to be
returned
11. Where asked to provide search engine optimisation for
a Client, Illumini Design do not guarantee any specific
placement or high ranking on search engines.
12. Illumini Design will provide the Client with an expected
completion date for the Project (live on the internet) if
requested. Illumini Design will endeavour to meet any given
deadline, but do not guarantee and are not bound in any
way to complete the Project by this date.
13. It is the Client’s responsibility to check with Illumini
Design whether templates or Open Source Software is being
used or not.
14. The Client shall not be charged for Open Source Software.
If there is a charge for a website using Open Source Software,
the Client is paying for the installation time. Open Source
Software is not owned by Illumini Design or the Client.
15. Illumini 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, unless Open Source Software is
used. Images will have been purchased by Illumini Design
for the Client, unless the images have been supplied by
the Client. Item 15 is subject to item 14.
16. 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 Illumini
Design, they will be the sole responsibility of the Client.
17. Domain names will be registered by Illumini Design and
also registered to the Illumini Design current address.
Although the domain names are registered to Illumini Design
, the Client is the legal owner of the domain and if they
request to have details changed or the domain transferred
elsewhere, Illumini Design will do this within a reasonable
time frame and upon reciept of payment of a £50 admin fee.
17.1. On payment of the appropriate Charges by you we shall
apply for registration of the domain name requested by you
as confirmed on the Confirmation order (the "Domain
Name").
17.2. If you have asked us to register a domain name then
you have authorised us to act as your agent with the registering
authority under the relevant terms and conditions for that
authority.
17.3. We will not be held responsible if an incorrect domain
name has been registered. It is your responsibility to make
sure that correct details are provided to us.
17.4. In the event that the Domain Name requested is unavailable
or becomes unavailable between our receipt of your request
for registration and the date the application is processed
by the registration agent or naming authority, we will offer
an alternative domain name to you and upon your approval
of the alternative domain name, we shall register it in
accordance with the provisions of this clause. For the avoidance
of doubt, the non-availability of the Domain Name or any
replacement domain name shall not affect the validity of
the Agreement or your obligation to pay the Charges.
17.5. Illumini Design shall not be liable for any delay
in activating any domain name on our server nor for any
cost incurred by you as a result of any delay and your obligation
to pay the Charges shall not be affected by any such delay.
17.6. You warrant to Illumini Design that the Domain Name
does not infringe any intellectual property rights of any
third party, including but not limited to trade marks registered
or otherwise used by any third party and you shall indemnify
and keep us indemnified in respect of any loss, damages,
costs or other expenses arising out of or in connection
with any breach by you of this clause.
18. On packages that include a free hosting option, the
following conditions apply.
18.1. We will provide you with access to our web space as
specified below.
18.3. Upon payment of the appropriate fee, Illumini Design
shall allocate to you web space on our Website server as
defined by our package, as outlined on the relevant invoice,
on which your website may be hosted.
18.4. Any updates and/or amendments to your website or web
space shall be made by Illumini Design by accessing your
website on our Website server via our designated connection
platforms (dial-up or broadband). In the event your website
is accessed, updated or amended, or retrieval of e-mail
is facilitated in any other way than via our connection
platform as specified by us, your website may be removed
from our web space without notice.
18.5. Whilst Illumini Design shall use all reasonable endeavours
to ensure that your website can be accessed by users of
the internet at all times, you acknowledge that it is technically
impossible to provide such access free of fault at all times
and Illumini Design do not undertake to do so.Illumini Design
e expressly reserve the right to suspend availability of
your website for the purpose of necessary or scheduled maintenance.
Access to your website may also be adversely affected by
conditions and performances outside our control, including
without limitation the breakdown of transmission and telecommunication
links.
19.1 Where the client has arranged hosting with our hosting
partner Servage ltd, at your request as part of our Service,
Illumini Design can assist with the hosting of an existing
domain name owned by you (the "Existing Domain Name")
always provided that you shall be solely responsible for
the transfer of the Existing Domain Name to the server at
Servage Ltd on or after the date on which the Service provided
to you commences and for any fees payable to any third party
in relation to such transfer. In order to affect the transfer,
you shall request your current ISP or any other relevant
third party:
19.2. in the case of UK TLD?s to modify the IPS Tag as required
by Servage Ltd; and
19.3. in the case of international TLD?s to replace the
name servers, admin, technical and billing contact with
the details instructed by us or Servage Ltd.
19.4. You accept responsibility for the transfer of an existing
domain name to Servage Ltd before the domain name is released
from the previous ISP and, if your website is lost as a
result of the transfer, you agree that you will not hold
Illumini Design liable for any loss whatsoever of any of
your website or your material in the transfer process.
19.5. Illumini Design shall not be liable for an existing
website or any delay in the transfer and your obligation
to pay the Charges shall not be affected by any such delay.
18. It is the responsibility of the Client to renew their
domain names when due. If a domain name expires,then the
domain name could be made available to the public for purchase
and Illumini Design can not be held liable for this. However,
Illumini Design will make reasonable effort to contact the
Client regarding domain renewal if the domain name was registered
by Illumini Design.
19. If the Client chooses to arrange hosting of their website
and domain name with a hosting provider other than the hosting
services of Servage Ltd, Illumini Design may reserve the
right not to assist the client with the hosting of the website
or transfer of the domain name. In this case the management
of the website and Hosting of the Domain name are the full
responsibility of the Client.
20. Illumini Design has no control of, or responsibility
for, the content of Clients’ websites. In no way does the
textual or image based Content of our Client's web sites
constitute Illumini Design endorsement, or approval of the
website or the material contained within the website. Illumini
Design has not verified any of the materials, links to other
websites, images or information contained within our Client's
web sites and is not responsible for the content or performance
of these sites or for the Client's transactions with them.
Illumini 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 does not guarantee or warrant that such links will point
to the intended Client site at all times.
21. Illumini Design are not liable for loss, damage or corruption
to files or information stored on its servers or individual
PCs relating to a Client's website. The Client is solely
responsible for any information or files relating to its
website.
22. Illumini Design makes no claims that the contents of
this website may be lawfully viewed or downloaded outside
England and Wales. Access to this website may not be legal
by certain persons or in certain countries. If this website
is accessed from outside of the United Kingdom, it is done
at own risk and the visitor is responsible for compliance
with the relevant laws of the visitor’s jurisdiction. The
terms and conditions of this website are governed by the
laws of England and Wales. Jurisdiction for any claims arising
in respect of this website’s Content shall lie exclusively
with the courts of England. If any provision of these terms
and conditions is found to be invalid by any court having
competent jurisdiction, the invalidity of such provision
shall not affect the validity of the remaining provisions
of these terms and conditions, which shall remain in full
force and effect.
23. General
23.1. We may update or amend these terms and conditions
at any time. We will communicate changes to you via the
Website www.illuminidesign.co.uk.
23.2. The Agreement and any documents expressed by the Agreement to be incorporated in the Agreement constitute the entire understanding between us and you and save in respect of fraudulent statements supersedes all prior agreements, arrangements, understandings and representations (whether oral, written or otherwise) made by or between Illumini Design and you.
23.3. The Agreement and these terms and conditions shall be governed by and construed and interpreted in accordance with the laws of England and subject to the non-exclusive jurisdiction of the courts in England.