Website design and hosting UK: Principles

Web site design and authoring - Terms and Conditions

Instant Image Access Ltd undertakes to provide a design service based on client performance specification and remit. Instant Image Access Ltd reserves the right to set the technical specification to the optimum required to that required to produce the performance detailed by the client.
The web site will consist of HTML coded pages designed to render on Web Standards compliant browsers when hosted on an internet server and allocated to a unique internet address (URL)
Instant Image Access Ltd reserves the right to refuse to construct or host a web site which it judges as unfit due to content or otherwise. This includes, but is not limited to, sites containing adult oriented material such as pornography, sites which promote hatred towards persons belonging to any ethnic group, religion or sexual orientation and sites which infringe copyright or are contrary to UK laws.
Any advice offered by Instant Image Access Ltd as to optimisation of the site for search engine placement, visual effect across common browsers, coding and material content does not imply any warranty in these respects.
Unless otherwise agreed in writing the client undertakes to supply all material, artwork and images in digital format.
Where hard copy materials are supplied it is the client's responsibility to ensure safe transit and delivery to Instant Image Access Ltd. Instant Image Access Ltd shall not be held liable for the safe keeping of any such hard copy materials.
All material, both text and images, supplied by the client and used in the construction of the client's web site, will remain the client's property. All such material will be assumed to be the property of the client and free to use without fear of breach of copyright laws. The client agrees to indemnify Instant Image Access Ltd against claims for breach of copyright where this is not the case.
Copyright of the content of the site passes to the client only on full payment of the agreed fee for the work plus any appropriate taxes.
Copyright of the coding and any program created to display the content of the site remains with Instant Image Access Ltd.
Where the web site is to be hosted on a server other than under the direct control of Instant Image Access Ltd the client undertakes to supply all necessary information to allow access to the server sufficient to upload files and configuration of the presentation.
Whilst Instant Image Access Ltd shall make every endeavour to replicate specified colours and font styles it offers no guarantee as to their precise rendering on all internet devices and browsers.
Unless otherwise specified Instant Image Access Ltd designs web sites to be viewed on Web Standard compliant browsers running on PC or Mac equipment. Clients that require their sites to be viewed on alternative browsers and/or equipment should clearly state their detailed requirements and accept any additional charges levied for this service.
Instant Image Access Ltd does not undertake to maintain or update a client's web site as part of the design commission. (This service is available as a separate contract).
At any point during the web site development process a client may cancel. In which case Instant Image Access Ltd reserves the right to charge the client an amount that it judges to be proportional to the amount of work completed on the commission.
If, during the web site development process, the client does not supply the content required in order to complete the commission within a reasonable amount of time the commission will be regarded as cancelled and charges will be made as in clause 14.
Instant Image Access Ltd will endeavour to respect previously agreed completion dates but will not be held liable for any losses incurred by its failure to complete by any given date.
A period of fourteen days is allowed for comment/approval once designs have been completed, at which time final full payment is due. Instant Image Access Ltd reserves the right to remove all relevant site files from the internet server if payment is not received during this period.
Payment is accepted in pounds sterling only.
VAT will be added to all invoices where appropriate.
The client agrees to allow a discrete link to www.instant-image.co.uk to be placed on sites designed by Instant Image Access Ltd

Web Site Hosting - Terms and Conditions

Instant Image Access Ltd (through Fasthosts Internet Ltd servers) provides World Wide Web page hosting. Instant Image Access reserves the right to suspend or cancel a customer's access to any or all services provided by Instant Image Access when Instant Image Access decides that the account has been inappropriately used or otherwise.
Instant Image Access reserves the right to refuse service and /or access to Fasthosts servers to anyone.
Instant Image Access do not allow any of the following content to be stored on Fasthosts servers:
Illegal Material - This includes copyrighted works, commercial audio, video, or music files, and any material in violation of any Federal, State or Local regulation.
Adult Material - Includes all pornography, erotic images, or otherwise lewd or obscene content. The designation of "adult material" is left entirely to the discretion of Instant Image Access.
Pirated software, ROMS, emulators, phreaking, hacking, password cracking. IP spoofing, etc., and encrypting of any of the above. Also includes any sites which provide "links to" or "how to" information about such material.
UNLIMITED USE POLICY
High bandwidth usage: Instant Image Access offers an unlimited use policy by maintaining very large ratios of bandwidth per customer. In rare cases, Instant Image Access may find a customer to be using server resources to such an extent that he or she may jeopardize server performance and resources for other customers. In such instances, Instant Image Access reserves the right to impose the High Resource User Policy for the consideration of all customers.
HIGH RESOURCE USER POLICY
Resources are defined as bandwidth and/or processor utilization.
Instant Image Access may implement the following policy to its sole discretion:
When a website is found to be monopolising the resources available Instant Image Access reserves the right to suspend that site immediately. This policy is only implemented in extreme circumstances and is intended to prevent the misuse of Fasthosts servers. Customers may be offered an option whereby Instant Image Access continues hosting the website for an additional fee.
PAYMENT POLICIES
Payment for hosting services is due each anniversary year following the date the account was established. Customers will be charged again at the end of the 12 month period unless closure notification has already been given.
In situations where payment is outstanding after 2 months of date of invoice Instant Image Access will immediately suspend the account until the outstanding amount is paid in full. In addition, Instant Image Access reserves the right to suspend other services until the outstanding debt is cleared. The customer is responsible for all money owed on the account from the time it was established to the time that the customer sends a written cancellation request.
All payment to be in UK sterling.
CANCELLATION AND REFUNDS
Instant Image Access reserves the right to cancel the service at any time. In this event customers will be entitled to a pro rata refund based upon the remaining period of membership. If a customer contravenes Instant Image Access' terms of service a refund will not be issued in the event of a cancellation.
Customers may cancel their account at any time. Fees charged on a prepay basis are non-refundable. In addition some accounts incur set-up fees, these charges are also non-refundable.
INDEMNIFICATION
Customer agrees that it shall defend, indemnify, save and hold Instant Image Access harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against Instant Image Access, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless Instant Image Access against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with Instant Image Access' server; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement and (4) any defective products sold to customer from Instant Image Access' server.
DISCLAIMER
Instant Image Access will not be responsible for any damages your business may suffer. Instant Image Access makes no warranties of any kind, expressed or implied for services we provide. Instant Image Access disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by Instant Image Access and its employees. Instant Image Access reserves the right to revise its policies at any time.