The estimates stated in the proposal are just estimates. The exact cost of the final project might fluctuate according to add on.
Intellum company will take every responsibility for making sure the project is done precisely, according to customer expectations, and delivered on time.
3. Final product type
Graphic:*.pdf & Web: *.Html (File Formats will adjust depends on technological updates)
4. Photography & videos
Original photography & videos is not included in the scope of this project. A quote for professional photography/ Video services can be provided upon request.
5. Payment mode
Graphic: 50% in advance and balance against deliverance. Print & digital marketing: 100% in advance. Web: 50% in advance and balance against Beta Version.
Client acknowledges and agrees that Intellum may include the site, the Pages or any of the other prepared materials in Intellum’s portfolio. The client may publish or disclose information regarding the work and shall acknowledge the support of consultant in all such publications. Once the website is complete Intellum will submit the client website to a one time search submission to most of the major web search engines. This submission does not include any directories or paid for inclusion search engines.
7. Text and content
All text and copy for the website must be supplied by the client in (.doc) or (.txt) format via email or other official source. There will be an additional charge for typesetting and/or creating text and copy. Gathering of content/image from online its extra cost.
8. Third party or client modification
Some clients will desire to purchase editing software and independently edit or update their website pages after the completion of the website. Please note that Intellum Company is not responsible for any damage created by the client or any agent of the client. Any repairs required will be assessed at an hourly rate.
Invoices are payable upon receipt and late fees apply. Clients will charge interest at the rate of 10% per month on amounts not paid within 30 days of invoice date.
10. Data protection
The Company agrees to keep the confidential information of its clients confidential, including all administration areas of websites and details of referrers and those who are referred. All such data recorded by a website will be completely secure, and all information will be treated as confidential in accordance with the data protection act.
11. Customer coordination
Client coordination during the project is very vital.
12. Deliveries, feedback, delays and rounds of changes
All feedback from the client to Intellum must be delivered back to us within 2 business days from delivery (our default is 2 business days client feedback turnaround to keep to time frames, unless explicitly stated otherwise). For example, should Intellum deliver the client a prototype at 3.20pm on a Friday, we will require feedback to us by 3.20pm on Tuesday.
13. Feedback delay
It is vital to note that should feedback be delayed whatsoever, delays are not like-for-like. A day’s delay in feedback from the client does not equate to a day’s delay in Intellum’s next version delivery to the client.
Our production schedule is tightly scheduled to best utilise our resources, therefore – should a delay occur in feedback – Intellum may need to wait for another free window of resource time to complete work based on feedback for the next version to be delivered back to the client. Unfortunately, we cannot rework the agency’s entire production schedule across all projects to accommodate one client’s delay, and may not be able to ‘make up’ for the delay later in the project. For a tightly scheduled project, one day’s delay may irreparably impact the ultimate deadline date.
If not the fault of Intellum, we cannot remedy or take responsibility for any missed deadline/launch due to a delay in feedback or the provision of material or information critical to the project.
14. Client responsibilities with regard to content and copyright
(a) In situations where the client enters or provides images, text, animations, layouts or any other content for their website they are legally responsible for ensuring that this material does not infringe any copyright or other laws.
(b) Certain materials including images and font licenses provided by Intellum may have been purchased under license from stock image suppliers. These images are generally only licensed for use on a website. The license may not permit them to be used in publicity material. The website owner is legally responsible for ensuring that this does not happen. If you wish to use any images from the site for other purposes please contact us for clarification.
(c) Unless explicitly stated otherwise by Intellum in a project proposal or agreement as being an included service, the Client is always responsible for the entry/population of text and image content into the developed website or product via the CMS. Access by the Client to the CMS to begin content entry/population will be dependent entirely on the progress of development and, once granted, the pace of content entry by the client will likely determine the eventual go-live date the Client arranges.
15. Terms of cancellation
If any unforeseen problems occur throughout the design process or the production is terminated for any reason, you will only be billed for the total number of hours work finished.
16. Project delivery
The project schedules, timelines and delivery dates expressed by Intellum in this document, any other document or by any other means of communications are indicative estimates only. There may be occasions where product delivery or demonstration of completion of works does not correspond to these expressed schedules, timelines or dates. Projects delivery may be delayed as a result of 3rd party vendors, internal delays or delays in the provision of client feedback, compatible materials or milestone sign off.
17. Exclusion of liability
Except in relation to property damage (excluding loss of data), injury or death, it is agreed that either party will not be liable for any damages or loss incurred by either party including, loss of revenue, loss of opportunity and loss of profit. The parties also agree that neither party will be liable for any damages incurred indirectly by any third parties related to the parties or the parties’ businesses, where the third party may seek legal action or compensation of any kind from either party.
Either party may terminate this agreement upon the provision of 30 days written notice to the other party. Intellum may terminate the project immediately and without prior notice if the client does not make payments for invoices issued, or if the client obstructs Intellum’s ability to work on or complete the project.
(a) If the Client terminates the project prior to its completion, all deposits made up to that date are non-refundable. The Customer will also be required to pay for any unpaid work or costs incurred by Intellum in relation to the project. Upon receiving any outstanding balance Intellum will provide works to the point of termination in disk format, conditional that the works can be provided in that format. If the works require additional costs to retrieve from or coordinate retrieval from a 3rd party, then then these costs will be incurred by the client.
(b) Intellum may immediately terminate this Agreement upon the Customer becoming Insolvent. The Client may immediately terminate this Agreement upon Intellum becoming insolvent.
19. Payment – refund policy
After work on a website or other services commences, advances are not refundable.
20. Payment methods
Unless otherwise agreed, payment is only accepted by direct bank deposit or cheque. If payment is made by cheque, then works corresponding to the payment will commence upon clearing of the cheque payment funds in Intellum’s account.
21. Payment of balance
Invoices are only issued corresponding to pre-defined payment milestones or pre agreed terms. Payment of invoices is required for works to commence on the quoted works. We reserve the right not to launch a website until full payment has been received.
22. Future support
Your project will be handed over as a fully functioning, completed work. Unless it has been agreed beforehand, Intellum is not responsible for future support. Support can be provided upon request for an agreed fee.
23. Access to client hosting space
We may require ongoing access to our clients’ hosting space to allow us to support and monitor their websites. This access is via a user ID and password combination, which the client may change after the website is handed over. If the client chooses to change the password we will no longer have access to the website & further support will not be possible.
24. Third party impacts or conflicts
(a) Intellum does not accept responsibility for any failure in any third party software or other product outside of the warranty or covered service period.
(b) Intellum manages the website hosting accounts for certain clients. For these clients there are additional terms and conditions supplied specifically for that hosting service.
(c) Intellum endeavours to estimate as accurately as possible for any third party integration work, based on all documentation (such as API guides), workflows, conversations and correspondence provided. Estimates are based on this information and our experience in prior integration work. However, Intellum reserves the right to (at any time) require that integration work be re-scoped and re-estimated, should it become clear that the expected time effort/resources will be insufficient to complete the integration work.
If at any point during the process of the web design a designer feels that the website is going to be used for an illegitimate purpose, then Intellum have the right to refuse to complete the website, this is for the protection of our clients, the consumer and ourselves, as we have a responsibility to all three.
26. Malicious attacks
If there is any malicious activity on the website once it has been completed, then there will be additional costs to amend any issues with the website.
27. Compliance with eCommerce, accessibility or other regulations
We design websites in accordance with the client’s specifications. It is the client’s responsibility to ensure that the website and its content comply with current online trading laws and regulations.
28. Compliance with laws and regulations
We cannot accept responsibility for any failure to comply with laws and regulations related to accessibility, selling online or those related to a specific business or trade. We can research this on the client’s behalf upon request, but in any business where complex compliance issues may exist we recommend that the client takes legal advice from their company lawyer or other relevant 3rd party service provider.
29. Customer data
(a) Do all things that a reasonable and prudent entity would do to ensure that all Customer Data is protected at all times from unauthorised access or use by a third party or misuse, damage or destruction by any person;
(b) provide protective measures for the Customer Data that are no less rigorous than accepted industry standards and commensurate with the consequences and probability of unauthorised access to, or use, misuse or loss of, the Customer Data;
(c) without limiting (a) or (b), comply with all security regulations or procedures or directions as are specified in the Contract or given by the Customer from time to time regarding any aspect of security of, or access to, the Customer’s information or material.
30. Intellum intellectual copyright
Intellum holds intellectual copyright of any material, including, solution designs, source code and original images created for the client until payment of the final invoice. At this time we will transfer this intellectual copyright to the client. All website quotation and costing documents are supplied on a confidential basis and permanently remain the Intellectual property of Intellum.
Any notice required by this agreement or given in conjunction with it, shall be in writing and shall be given to the appropriate party by certified mail, or recognized delivery services. Any notices or requests for changes to be made by the client to the website must be made by email detailing the request and come from the clients registered email address.