Terms and conditions of service

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Iqbal’s Web Design offers its clients Web Design and Development, Web Hosting, Domain and Search Engine Optimisation Services.

The following Terms and Conditions document is a legal agreement between Iqbal’s web Design hereafter called “the Company”,”We” or ‘US’ and YOU “Customer/Client” for the purposes stated in the contract. These Terms and Conditions set forth the provisions under which the Customer may use the services rendered by us. By communicating your acceptance either verbally or in writing, you have offered to take up the relevant services of Iqbal’s Web Design set out below. Our Agreement starts on the date that you sign the first contract or the date we start work. You may not withdraw that offer without our consent except as stipulated under the Terms. This does not affect your statutory rights. If you are a new customer and/or there is no existing agreement with us, the following are our standard terms of working.

  1. WEB DESIGN AND DEVELOPMENT

    1. The Company is an Internet web design provider offering the Customer graphical design, HTML, JavaScript, PHP, CSS and other related computer programming languages.
    2. Statement of Work – Offer and Acceptance

      1. We do not have a standard web design and development package. Our web design and development quotes are unique and depend on your requirement and job done by us. When you place an order to design and develop a website from the Company, the order represents an offer to the Company to purchase the website.
      2. No contract for the supply of services to you comes into existence until the Company sends an invoice to you for payment.
      3. The invoice equals acceptance by the Company of your offer to purchase services from the Company and this acceptance of work is a valid contract between you and the Company regardless of whether you receive the invoice.
      4. The Company has the right to withdraw from contract at any time prior to acceptance.
    3. You are agree to

      1. Provide the Company, within a reasonable timescale, everything that is requested from you to complete the Project – including text, images and other information.
      2. If you fail to provide all the text, the company will provide “dummy text”
      3. If you do not provide us with the art work or relevant information to complete the site within the six months of the initial order, the contract will be deemed completed. In such event, all outstanding payments shall be paid immediately.
    4. Intellectual Property

      1. You are responsible for all the information provided by you. You will need to get permission for any material content to be incorporated in your website from the relevant person or company if needed. The company will not be held responsible for information acquired from you. You agree to hold harmless, protect and defend the Company from any claim or suit that may arise as a result of using the supplied media and content.
      2. Copyright of the completed web designs, images, pages, code and source files created by the Company and any other Intellectual properties belong to Iqbal’s Web design unless otherwise agreed to before the contract has started.
      3. These Terms of the Agreement grant a non-exclusive limited license to the extent that use of this website is restricted to a single company of yours. You are not permitted to use a design for more than one website without prior written agreement between you and the Company.
      4. You agree that resale or distribution of the completed files is forbidden unless prior written agreement is made between Customer and the Company.
      5. You agree to abide by the terms of any third party software or media included within any work done for you. Examples of this include, but are not limited to, Google maps, RSS feeds, Open Source GPL Software etc.
    5. Payments terms

      1. Payment is to be made in three installments unless otherwise stated at the time of contract. Generally, we take half of the total fee upfront, and the balance before coding is complete.
      2. Iqbal’s web design will price individual projects based on hours and will apply an allocation of the maximum hours needed for the project. In case a project is to overrun on hours, you agree to pay the charges at our standard hourly rate. The standard rate is £200 per hour, but the company does reserve the right to discount this hourly rate without effecting the terms and conditions.
      3. If the Customer requests design or content alterations to pages that have already been completed, new pages or different functionality other than that specified in the original quotation, the Company reserves the right to quote separately for these alterations.
      4. If Customer request Meeting. call out charges will be apply
      5. Prices are subject to change without notice.
      6. All quoted prices are exempt of VAT unless specified.
      7. All invoices must be paid in full within 7 days of the invoice date, except where agreed at the Company’s own discretion.
      8. The Company reserves the right to decline further work on a project if there are invoices outstanding with the Customer.
      9. The Company reserves the right to remove its work for you from the Internet if payments are not received.
    6. Modification of site

      1. After completion of the site, you or a third party of your choice may wish to edit your website code yourselves to make updates such as logo, text, images. However, you agree that in so doing you assume full responsibility for any issues which occur as a result of changing the code yourselves. If you or a third party of your choice edits the website code and this results in functionality errors or the page displaying incorrectly, then the Company reserves the right to quote for work to repair the website.
    7. Website Development:

      1. All websites are developed to work primarily across all major browsers. However, the Company cannot guarantee complete and/or long term compatibility across every major browser, platform or handheld device due to updates/upgrades by their respective vendors.
      2. The Company cannot guarantee compatibility in old or redundant browser software.
    8. Content Management Systems:

      1. All packages with the exception of our basic package (Start Up) will be developed using a Content Management System (CMS).
      2. In order to maintain compatibility between clients the company now use the WordPress Platform exclusively as our CMS of choice. E-Commerce stores use different management systems depending on the scale and complexity of the Project.
      3. However, in some instances, the company may build a bespoke solution, depending on the exact requirements of the Project.
      4. Any associated or additional fees, such as installation, setup, testing and introductory training pertaining to Content Management Systems or E-Commerce Management Systems are covered within your chosen package.
    9. The Copyright:

      1. After the initial 12 month period, copyright is automatically assigned as follows:
      2. The Client will own, or have express permission to use, the text files, images, graphics and any visual elements, video or sound bytes, that you may have sent to us to use in connection with the project.
      3. The company will maintain copies of all the files used in connection with your project and if you require a disc copy of all the files used in connection with your project, then the company will be happy to supply this to you. Copies of the website files are maintained by us for a reasonable time (usually at least one year), and if you are hosting with us, then files are maintained both locally and on external servers.
      4. The copynght to the markup, CSS files, other code that may have been used by us for you, or certain images that the company may have supplied to or for you are licensed to you in connection with this web design project, and will be licensed solely to the domain name on which the website files reside. If you own the domain name, then you own the copyright.
      5. At the bottom of the website page(s) after payment has been completed, usually it will say Copyright and the name of your business or company. The company do however reserve the right as the Company responsible for the design and/or development to place a small and unobtrusive link at the bottom of your website, thereby not hindering or distracting from your own website design.
      6. . As ie Design Company the company also reserves the right to display and link to your completed project as part of our portfolio, and to write about the project on other web sites, in magazine or ezine articles, books, written or digital publications of any design and source. Please inform us in advance of the website going live if you DO NOT want us to add your site to our portfolio of work.
  2. WEB HOSTING

    1. You understand that any web hosting may require a separate contract with a web hosting service. We host our domains on behalf of you through various suppliers which allow Iqbal’s web design full access
    2. Iqbal’s web design does not provide client with hosting control panel access. We will provide you with FTP access only.
    3. If you require a hosting control panel please request it in writing at beginning of your hosting contact. There will be an addition charge. Hosting control panel is Vesta control panel.
    4. We will initially set up your site with our server.
    5. Server Use

      1. The company reserves the right to refuse service and/or access to its servers to anyone.
      2. we does not allow excessive download content or non-linked content. We operate a fair usage policy.
      3. we reserves the right to move your data to a different server with no previous notice.
    6. Support

      1. Support is available from our office on 07971739032, we reserve the right to suspend service from time to time for ongoing maintenance.
    7. High bandwidth usage

      1. We offers an unlimited usage policy by maintaining very large ratios of bandwidth per customer. In rare cases, we may find a customer to be using server resources to such an extent that he/she may jeopardize server performance and resources for other customers. In such instances, we reserves the right to impose the High Resource User Policy for the consideration of all customers.
    8. High Data Base Usage

      1. If you exceed the limits on our database products [MySQL] then we will automatically charge you for the additional space you use at our current prices.
    9. High Resources Policy

      1. Resources are defined as bandwidth, processor utilization or disc space.
      2. We may implement the following policy at its sole discretion:
        When a website is found to be monopolizing the resources available, We reserves the right to suspend that site immediately. This policy is only implemented in extreme circumstances and is intended to prevent the misuse of our servers. Customers may be offered an option whereby Iqbal’s web design continues hosting the website for an additional fee.
    10. Uploads via Scripting Languages

      1. We limit uploads made via scripting languages- including capital PHP; uploads using PHP are limited to 2MB per file.
    11. Payment Policies

      1. All accounts are set up on a pre-pay basis. Although We reserves the right to change prices of accounts or services at any time, all pricing is guaranteed for the period of pre-payment. Payment is due every month or after 365 days, following the date the account was established. Customers will automatically be charged again at the end of their pre-pay period unless closure notification has already been given.
      2. In situations where Customer has not paid, we will immediately suspend all services on-line until outstanding charge is processed successfully and you shall still be liable to pay for the ongoing hosting fees. In addition We reserves the right to suspend the other services until the outstanding debt is cleared. Any non-payment of a recurring invoice is subject to a £20 administration charge. Customer is responsible for all money owed on the account from the time it was established to the time the Customer sends a return cancellation request.
      3. In the event of a dispute you shall not withhold payment. We will investigate any dispute and issue refunds where relevant. We reserves the right to terminate/suspend any service if payment schedules are not being followed.
      4. All payment is in Pound Sterling and all prices are displayed ex-VAT unless stated otherwise.
    12. Cancellation and Refunds

      1. We reserves the right to cancel the service at any time. Fees are charged on a Pre-pay basis and are non-refundable. In addition, some accounts incur set-up fees; these charges are also non-refundable. In this event, customers will be entitled only to a pro-rata refund based upon the remaining period of contract. In case cancellation is initiated by the customer, the customer will be charged our standard hourly charge in addition to any other applicable charge. If a customer contravenes our terms of service, a refund will not be issued in the event of cancellation.
      2. All Hosting is subject to a 12 month contract.
      3. If you do not cancel your agreement 30 days before the end of the current year, then you are liable for another 12 months charge.
      4. In the event of moving your site away from us, and you do not have hosting control panel access. If your site use data base ,we will provide you with back of your database in your home folder it will be called “sql-backup” which will contain the backup of your database.
  3. SEARCH ENGINE OPTIMISATION

    1. By entering in to an agreement (verbal or written) for SEO, you will pay the company for the contract period set and the hours allocated to do the job.
    2. In case of any delay in payments, We reserves the right to suspend the service and not work on the site. However, you shall be charged for the hours allocated. This will affect your results in the search engine. However, Iqbal’s web design, at its discretion may decide to reallocate these missed hours, if possible.
    3. Period

      1. Unless mutually agreed, this agreement shall last for a period of 1 year.
    4. Either you or We may terminate this Agreement by giving to the other party 30 days written notice of its intention to do so.
    5. Payment Policy

      1. You shall pay the monthly fee every month [by direct debit, standing order or credit card] based on agreed price: the first payment being due upon entering into this Agreement and subsequent payments being due on the same day each month.
      2. You can not withhold or refuse payment on the plea that the result of the Company’s work is not satisfactory. In the event of the Customer failing to make monthly payment on the due date Iqbal’s web design is entitled to take any or all of the following remedies in any order it sees fit:
        1. Request immediate payment of all monthly fees due during the remainder of the contract Period;
        2. Issue written demands for all sums due, each such demand attracting a fee of £15.00, payable by you;
        3. cease working on behalf of you until all overdue sums are paid;
        4. Deduct all outstanding sums from your credit card.
        5. You hereby authorise such deductions from your credit card or bank account.
    6. Disclaimer

      1. You understand that Search Engines are independent companies who select the rank sites using their own criteria. We will optimize your pages to enable them to appear on the regional listings/search engines; however we cannot guarantee appearance and position on search engines. While you must follow our’s recommendations for optimizing its website for Search Engine Listing in order to maximize its chances of increasing its Search Engine exposure you acknowledge that the company does not and cannot guarantee that Customer’s website ranking will be improved in any Search Engine listing.
      2. To enable Iqbal’s web design to optimize your websites you must provide FTP/ admin login details for the website and you acknowledge that we cannot undertake any optimization until such FTP login details have been provided.
    7. Search Engines

      1. Iqbal’s web design’s list of the most important Search Engines includes those Search Engines that we considers to be the most important with regard to popularity, language, content, location, coverage or any other criteria that the company using its expertise considers suitable.
      2. We and the Customer will choose a suitable set of keywords to search for in the Search Engines. This will be used as a test phrase to assess how your website is ranking in Search Engines.
    8. Link building

      1. We will build links from sites that we consider reputable.
    9. Report

      1. We will provide progress report each month using Google web master tool.
  4. GENERAL TERMS

    1. AGREEMENT

      1. You agree that the information that you have given us or give to us in the future is correct and is in no way misleading, offensive or against any Country’s Law. You will maintain secrecy of your pass words and will be solely responsible for any unauthorized access to your account by any person.
    2. TERMINATION

      1. You hereby acknowledge and agree that Iqbal’s web design may terminate its services or involvement with you, at any stage or at any time during the introductory and/or negotiation and/or facilitation process, by giving you written notice thereof, without us having to provide you with any specific explanation or reason, or without Iqbal’s web design having any legal or financial obligation or liability towards you of whatsoever nature.
      2. This Agreement may be terminated at any time if:
        1. your website contains any material which is illegal, pornographic, radically abusive or is likely to cause offence or to damage our reputation;
        2. you commit any material breach of this agreement;
        3. you enter into liquidation whether compulsory or voluntary, as a receiver or administrator appointed, enter into any arrangement with your creditors or cease or threaten to cease to trade;
        4. you stop paying Iqbal’s web design.
        5. However, we will give you seven days to meet any such obligation before terminating our Agreement.
    3. SUSPENSION OF SERVICES

      1. We reserve the right to suspend all or any of the services that we have given to you, including those that have been already paid for should any of these terms not be met.
    4. CHARGES AND PAYMENTS

      1. The price that we charge you for our services is stated in your contract. You will pay to us all the charges on their due dates. Payment will either be in advance or by invoice. We reserve the right to make that decision. You can and may request additional services at any time after your Agreement has started. If we agree to provide you with these services you will pay the additional services that they incur.
      2. We will charge you for any administration costs and loss of work that have occurred for any payment not being met for whatever reason or that has not been honoured by your bank or any method of payment that has been made by you to us.
      3. The charge for these defaults for non-payment and indeed any default of payment regardless of what it is or how it has been caused will be 100% of all outstanding order values. Should this debt have to be recovered in the Court additional charges including all legal and recovery costs will be charged to you. As a director or owner of your business you also give us your personal guarantee that all monies owed to us if your business is unable to meet them will be paid by you.
    5. REFUND POLICY

      1. All services are rendered ensuring its quality. We generally take upfront and subsequent payments. If at any time in the service rendering process, you are not satisfied with the quality of work, you may bring it to our attention. We will investigate and decide about the refund. In general, we will not refund payments on time spent/services rendered, since Iqbal’s web design charges are based on the hours of work spent on the project. If a customer contravenes our terms of service, a refund will not be issued in the event of cancellation.
      2. Refunds are only possible if we are unable to render the services to you. The refund will be based on the hours that you have paid for but not used. No refunds will be given for hours spent on research, development, design and administration.
      3. You are not entitled to a refund of any of our services if you:
        1. Decide to discontinue the use of our services
        2. Find our charges to be higher compared to others and you can’t afford the services;
        3. Choose the wrong specifications for the service;
          Knew about the particular fault prior to purchase; and/or
          Were responsible for causing the fault.
    6. PRIVACY

      1. We respects privacy of its clients. we will not monitor, edit, or disclose any personal information about your accounts, including hosted content, without your prior consent, unless Iqbal’s web design has a good faith belief that such action is necessary to:
        1. comply with legal process or other legal requirements of any relevant authority;
        2. Protect and defend the rights or property of Iqbal’s web design;
        3. enforce the terms of a Task Order, this Agreement or these Terms and Conditions; or
        4. Protect the interests of users of Iqbal’s web design Hosting Services. You acknowledge and agree that your IP address is transmitted and recorded with each message sent from the Hosting Service.
    7. CONFIDENTIALITY AND PROPRIETARY RIGHTS

      1. In this Agreement, “Confidential Information” shall mean any and all technical or business information, including third party information, furnished in connection with this Agreement, in whatever tangible form or medium, or disclosed by you to Iqbal’s web design (including, but not limited to, product/service specifications, prototypes, computer files and programs, models, drawings, marketing plans, financial data and personnel statistics). Notwithstanding the termination, expiration or cancellation of this Agreement we agrees to treat such Confidential Information as confidential for a period of ONE year from the date of receipt of same unless otherwise agreed to in writing by you.
      2. You will keep the details of the Agreement and any such information which you may learn about EQ, our business technology and our clientele, strictly confidential and agreed not to disclose it to any third party. Upon termination, cancellation or expiration of this Agreement for any reason or upon request of the disclosing party, all Confidential Information, together with any copies of same as may be authorized herein, shall be returned.
      3. You agree that if we suffers any loss or there is a failure from your end to meet any of these obligations, you agree to pay us directly and immediately for any proven losses that may occur.
      4. The obligations imposed in this Article shall not apply to any information that: (a) is known to the public (through no act or omission of THE COMPANY in violation of this Agreement); (b) is lawfully acquired by THE COMPANY from an independent source having no obligation to maintain the confidentiality of such information; (c) was known to THE COMPANY prior to its disclosure under this Agreement; (d) was independently developed by the COMPANY; or (e) is required to be disclosed by governmental or judicial order.
      5. The requirements of use and confidentiality set forth herein shall survive the expiration, termination or cancellation of this Agreement.
    8. LIMITATION OF LIABILITY

      1. The entire risk as to the quality and performance of the WebPages and website is with you.(a) The COMPANY shall not be liable to you for any loss or damage [including but not limited to loss of data, loss of profits/sales, website downtime, loss of business or staff or management time incurred] caused or arising directly or indirectly out of The COMPANY’s services provided under this Agreement [except to the extent to which it is unlawful to exclude such liability under English Law]. (b) Notwithstanding the generality of (i) above The COMPANY expressly excludes liability for any indirect, special, consequential or incidental loss or damage which may
        arise in respect of the services to be provided under this Agreement. (ii) In the event that any exclusion contained in this Agreement shall be held to be invalid for any reason and The COMPANY becomes liable for loss or damage that may lawfully be limited, such liability shall be limited to the whole amount paid by you during the preceding Initial Period or Renewal Period, as the case may be. (iii) The COMPANY does not exclude liability for death or personal injury to the extent only that the same arises as a result of the negligence of the The COMPANY its employees, agents or authorized representatives.
      2. We will not be liable to make any payment to you including the return of deposits either in part or full for any delay or failure to meet any of our obligations under this or any other agreement made to you by either verbal, written or electronic means.
      3. This includes [but is not limited to] any events that are beyond our control such as our computers, technology in general, telecommunication equipment including satellite and internet suppliers.
      4. We are liable to you to cover the contract and services provided to you as long as none of the other points in this contract are broken by you.
    9. INDEMNITY

      1. You agree to use all Company services and facilities at your own risk and agree to defend, indemnify, save and hold The COMPANY harmless from any and all demands, liabilities, losses, costs and claims, including reasonable Attorney’s fees asserted against The COMPANY, its agents, its customers, officers and employees, that may arise or result from any services provided or performed or agreed to be performed or any product sold by you, your agent, employees or assigns. You agree to defend, indemnify and hold harmless The COMPANY against liabilities arising out of: (a) any injury to person or property caused by any products sold or otherwise distributed in connection with The COMPANY server; (b) any material supplied by you infringing or allegedly infringing on the proprietary rights of a third party; (c) copyright infringement; (d) any defective products sold to customers from The COMPANY server and (e) claims arising from omission to inform or implement the updates needed for the site.
      2. You agree that this indemnification extends to all aspects of the work completed by The COMPANY, including but not limited to website content and choice of domain name.
    10. WARRANTY DISCLAIMER

      1. We make no warranties with regard to the site and its contents. The Company cannot guarantee the functionality or operations of their website or that it will be uninterrupted or error free, nor does it warrant that the contents are current, accurate or complete.
      2. The COMPANY is not responsible for any content published on your website that infringes any law, copyright or compliance. Customer is solely responsible for the security, confidentiality and integrity of all the content and messages received, transmitted through or stored on the web/server hosting service.
      3. The COMPANY will not be responsible for any damages or losses your business may suffer. The COMPANY makes no warranties of any kind, express or implied for services we provide. The COMPANY does not back up your data/website and while every attempt would be made in the unlikely event of any corruption or hardware failure. The COMPANY disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, nondeliveries, wrong delivery, and any and all services interruptions caused by The COMPANY and its employees. The COMPANY reserves the right to revise its policies at any time.
    11. The COMPANY hands over files on request, once full payment has been made. However, the intellectual rights are the property of The COMPANY Creative unless stated otherwise at the time of contract. On handover of files from Company to you, you shall assume entire responsibility in ensuring that all files are functioning correctly before use. While every effort is made to make sure files are error free, the Company cannot guarantee that the display or functionality of the web design or the website will be uninterrupted or error free. If, after handover of files, errors are found in code the Company has created and the standard development platform, domain name set-up and hosting set-up are the same as when work began, then the Company can correct these errors for you free of charge for a period of 3 months, after acceptance of the work. After the 3-month period, the Company reserves the right to quote separately for any work involved in correcting an error.
    12. If, after handover of files, errors are found in code the Company has created and the standard development platform, or the domain name set-up or hosting set-up have been changed, the Company can correct errors and reserves the right to quote separately for any additional work needed as a result of changes to the browser software, domain name set-up or hosting set-up.
    13. The Company may from time to time recommend to you that updates are needed to your site, including but not limited to new legislation compliance, software compatibility and web standards. The Company reserves the right to quote for any updates as separate work. You agree that the Company is not liable for any failure to inform or implement these updates to their site.
    14. You agree that the Company is not liable for any failure to carry out services for reasons beyond its control, including but not limited to acts of God, telecommunication problems, software failure, hardware failure, third party interference, Government, emergency on a major scale or any social disturbance of extreme nature such as industrial strike, riot, terrorism and war or any act or omission of any third party services.
    15. You agree that the Company is not liable for any bugs, performance issues or failure of third party software as they are open-source softwares distributed under the GPL (“GNU General Public License”) and are maintained and developed by a community of thousands of users and Companies. Any bugs, performance issues or failure with the software will be directed to the respective Development community.