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Terms & Conditions
All contracts for the provision of services and related products made by or on behalf of iBacs IT Solutions are subject to the following Terms and Conditions of business. All Clients of services provided by iBacs IT Solutions, by use of such services, accept the Terms and Conditions of business set out in the form of service agreement which follows, irrespective of the mode or manner of ordering employed by the Client when ordering the services.
Any agreed variation or alteration to part of these Terms and Conditions as annexed to this Contract will not invalidate the remainder or the whole. Any alteration or addition to the supplies instructed on the order will require being the subject of a new order. iBacs IT Solutions is entitled to suspend services if the Client does not adhere to any or several conditions of this Contract.
In this Agreement the following expressions shall have the following meanings unless the context otherwise requires:
means domain name registration, web site design and hosting, email, E-Commerce solutions, M-Commerce solutions, training and any other service or facility provided by iBacs IT Solutions to the Client;
means the computer server equipment or gateway operated by iBacs IT Solutions or third parties on its behalf in connection with the provision of the Services;
means the area on the Server allocated by iBacs IT Solutions to the Client for use by the Client as a site on the Internet;
means the Contract between iBacs IT Solutions and the Client incorporating these conditions;
means the charges as agreed in writing and iBacs IT Solutions 's latest published prices for products and services requested or incurred during the Contract period;
means the premises or location at which Service is or is to be provided under this Contract;
means the global data network comprising Internet connected networks using TCP/IP (Transmission Control Protocol/ Internet Protocol) Internet Standards means the protocols and standards defined in the following Internet documents: RFC 1009, 1122, 1123 and 1250 and any future such protocols and standards as appropriate;
means a customer or any person who makes use of the services on behalf of the customer;
means any work undertaken or service provided by iBacs IT Solutions for the Client on their request and as described in our confirmation order email to that Client;
means the website address as specified by the Client;
means the date the website is available on the Client's chosen domain;
means both text and images that the Client requires on the website;
Open Source Software
means software made freely available to anyone under the GNU General Public License (GPL);
1) The contract between iBacs IT Solutions 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 iBacs IT Solutions confirmation order email.
3) Email will be the method of contact with regard to all communication. Although iBacs IT Solutions 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. iBacs IT Solutions can not be held liable in any way relating to communication issues if we are not supplied a valid email address.
4) iBacs IT Solutions will only commence work on a Project after receipt of a non refundable, 50% deposit of the quoted Project fee from the Client. iBacs IT Solutions 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 iBacs IT Solutions covers the cost of design work carried out as well as any admin work and communication with iBacs IT Solutions. The deposit is non refundable.
6) Level 1 Flash animation refers to 3 hours of Flash development time on the clients website by iBacs IT Solutions.
7) iBacs IT Solutions 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.
8) It is important for the Client to keep in contact with iBacs IT Solutions throughout the entire Project. If a Client does not make contact for 1 week we will make up to 5 attempts to contact the client by email using the email address specified when the client went ahead. If we do not receive a response to these attempts of contact the Project may be terminated, and the deposit will not be refunded.
9) Where images used on the website have been purchased by iBacs IT Solutions on behalf of the Client, these images are strictly for use on the website only. iBacs IT Solutions 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.
10) iBacs IT Solutions will host the website if the Client requires us to do so and on receipt of full payment of our Hosting fees. In doing so, iBacs IT Solutions 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.
11) iBacs IT Solutions cannot be held responsible for anything adversely affecting the Client's business operation, sales, or profitability that might be claimed is a result of a service offered by iBacs IT Solutions.
12) Where asked to provide search engine optimisation for a Client, iBacs IT Solutions do not guarantee any specific placement or high ranking on search engines.
13) Warranty of all websites developed from ibacs are under a 30 days warranty, the warranty covers any errors, bugs, spelling mistake or any other errors on the website. It is the duty of the Client to report these errors to the Company within these 30 days. Any errors reported after the 30 day warranty period will be dealt as additional work and will be charged accordingly.
14) iBacs IT Solutions will provide the Client with an expected completion date for the Project (live on the internet) if requested. iBacs IT Solutions 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.
15)It is the Client's responsibility to check with iBacs IT Solutions whether Open Source Software is being used or not.
16) 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 iBacs IT Solutions or the Client.
17) iBacs IT Solutions 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 iBacs IT Solutions for the Client, unless the images have been supplied by the Client. Item 16 is subject to item 15.
18) 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 iBacs IT Solutions, they will be the sole responsibility of the Client.
19) Domain names will be registered by iBacs IT Solutions and also registered to the iBacs IT Solutions current address. Although the domain names are registered to iBacs IT Solutions , the Client is the legal owner of the domain and if they request to have details changed or the domain transferred elsewhere, iBacs IT Solutions will do this within a reasonable timeframe.
20) It is the responsibility of the Client to renew their domain names when due. If a domain name expires, iBacs IT Solutions can not be held liable for this. However, iBacs IT Solutions will make reasonable effort to contact the Client regarding domain renewal.
21) When a Client renews Hosting with iBacs IT Solutions , this also includes domain renewal if the renewal is needed to keep the site functioning and was purchased as part of the Hosting package. If the Client does not renew the Hosting, their domain name could be made available to the public for purchase and iBacs IT Solutions can not be held liable for this.
22) Renewal of Hosting is due on a yearly basis. The date of renewal will be annually from the date the website was ordered by the Client. The Hosting will not be renewed if iBacs IT Solutions cannot contact the Client or the Client requests for iBacs IT Solutions to not host this site. This will also affect the domain as per item 20.
23) The Hosting renewal charge must be received within 10 days of the Hosting expiry date. iBacs IT Solutions 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 set by iBacs IT Solutions for reactivating the website/Hosting.
24) If the Client does not use iBacs IT Solutions Hosting services, then the management and Hosting of the Domain name are the full responsibility of the Client.
25) Should a Client wish to move Hosting away from iBacs IT Solutions or transfer a Domain name away from iBacs IT Solutions, a £50 admin charge will be issued, which must be paid before the transfer takes place.
26) iBacs IT Solutions 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 iBacs IT Solutions endorsement, or approval of the website or the material contained within the website. iBacs IT Solutions has not verified any of the materials, 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. iBacs IT Solutions 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.
27) iBacs IT Solutions 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.
28) If a Domain name is purchased by the Client through a company other than iBacs IT Solutions, the Client has full responsibility in making sure that the domain name is renewed when due. iBacs IT Solutions will not renew the Domain name when annual Hosting renewal is due if the Domain name is purchased through a company other than iBacs IT Solutions.
29) This Agreement may be executed in any number of counterparts each of which when executed and delivered shall be an original but all the counterparts together shall constitute one and the same document.
These terms and conditions together with any documents expressly referred to in them, contain the entire Agreement between iBacs IT Solutions relating to the subject matter covered and supersede any previous Agreements, arrangements, undertakings or proposals, written or oral: between iBacs IT Solutions in relation to such matters. No oral explanation or oral information given by any party shall alter the interpretation of these terms and conditions. In agreeing to these terms and conditions, the Client have not relied on any representation other than those expressly stated in these terms and conditions and the Client agree that the Client shall have no remedy in respect of any misrepresentation which has not been made expressly in this Agreement.
NOTE: Pornography and sex-related merchandising are PROHIBITED on any iBacs IT Solutions server.
NOTE: Spamming, or the sending of unsolicited email, from a iBacs IT Solutions server or using an email address that is maintained on any iBacs IT Solutions machine is STRICTLY PROHIBITED.
iBacs IT Solutions 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.