Beauty is in the eye of the beholder
Terms & Conditions
The following terms and conditions apply to all services provided by In The Eye Media Ltd to the Client.
Last updated: 29-08-2023(dd.mm.yyyy)
It is not necessary for any Client to have signed an acceptance of these terms and conditions for them to apply. If a Client accepts a quote then the Client will be deemed to have satisfied themselves as to the terms applying and have accepted these terms and conditions in full.
Please read these terms and conditions carefully. Any purchase or use of our services implies that you have read and accepted our terms and conditions.
In The Eye Media Ltd reserves the right to change or amend these terms and conditions during your contractual period with us. There will be no more than one change per month & you will be notified within 5 working days prior to the change taking effect. If you do not provide confirmation in writing that you’re unhappy with the new Terms & Conditions within 5 working days we will assume you are happy with the changes and you will be bound by then contractual.
Charges for services to be provided by In The Eye Media Ltd are defined in the project quotation that the Client receives via e-mail and/or in writing. Quotations are valid for a period of 30 days. In The Eye Media Ltd reserves the right to alter or decline to provide a quotation after expiry of the 30 days.
Unless agreed otherwise with the Client, all website design services require an advance payment of a minimum of fifty (50) percent or £500+VAT, whichever is greater, of the project quotation total before the work is supplied to the Client for review with the remaining fifty (50) percent, or quotation – £500+VAT deposit, of the project quotation total due upon completion of the work, or after 31 days from the initial payment, whichever is sooner, prior to upload to the server or release of materials.
Payment for services is due by cash, direct debit or bank transfer. The Client consents to In The Eye Media Ltd to process payment with details if the Client provides at the point of sale. In The Eye Media Ltd reserves the right to set up a direct debit on behalf of the Client if necessary with details provided at the point of sale prior to completion of project. Bank details will be made available on invoices.
3. Client Review
In The Eye Media Ltd will provide the Client with an opportunity to review the appearance and content of the website during the design phase and once the overall website
development is completed. At the completion of the project, such materials will be deemed to be accepted and approved unless the Client notifies In The Eye Media Ltd otherwise within ten (10) days of the date the materials are made available to the Client.
4. Turnaround Time and Content Control
In The Eye Media Ltd will install and publicly post or supply the Client’s website by the date specified in the project proposal, or at date agreed with Client upon In The Eye Media Ltd receiving initial payment, unless a delay is specifically requested by the Client and agreed by In The Eye Media Ltd.
In return, the Client agrees to delegate a single individual as a primary contact to aid In The Eye Media Ltd with progressing the commission in a satisfactory and expedient manner.
During the project, In The Eye Media Ltd will require the Client to provide website content; text, images, movies and sound files etc. to populate the website.
5. Failure to provide required website content:
In The Eye Media Ltd is a small business, to remain efficient we must ensure that work we have programmed is carried out at the scheduled time. On occasions we may have to reject offers for other work and enquiries to ensure that your work is completed at the time arranged.
This is why we ask that you provide all the required information at least one (1) week prior to the agreed completion date. On any occasion where progress cannot be made with your website because we have not been given the required information in the agreed time frame, and we are delayed as a result, we reserve the right to impose a surcharge of up to 25%. If your project involves Search Engine Optimisation we need the text content for your site agreed in advance so that the SEO can be planned and completed efficiently.
If you agree to provide us with the required information and subsequently fail to do before the agreed time, one (1) week prior to the project completion date we reserve the right to close the project and the balance remaining becomes payable immediately or outsource materials required incurring additional charges to the Client without prior agreed consent up to the value of £1,000.00+VAT; Simply put, all the above condition says is do not give us the go ahead to start until you are ready to do so.
In The Eye Media Ltd agree to make periodical updates to any sites commissioned and hosted by In The Eye Media Ltd. This is subject to a fair usage clause. In The Eye Media Ltd reserve the right to refuse to update websites if such requests exceed 3 hours of development time per site per annum. Or alternatively, we may provide a separate quotation for such work which will be agreed with the Client on a separate order.
NOTE: Text content should be delivered as a Apple Pages, Microsoft Word, pdf file, email (or similar) document with the pages in the supplied document representing the content of the relevant pages on your website. These pages should have the same titles as the agreed website pages. Contact us if you need clarification on this.
If you are commissioning a CMS website you will be provided with a content management system so that you are able to keep your content up to date yourself.
Invoices will be provided by In The Eye Media Ltd upon completion but before publishing the live website. Invoices are normally sent via email; however, the Client may choose to receive hard copy invoices. Invoices are due upon receipt. Accounts that remain unpaid thirty (30) days after the date of the invoice will be assessed a service charge in the amount of the higher of twenty percent (20%) or £30+VAT per month of the total amount due, whichever is greater.
7. Additional Expenses
Client agrees to reimburse In The Eye Media Ltd for any additional expenses necessary for the completion of the work. Examples would be purchase of special fonts, stock photography, plugins etc. This payment will be required prior to the purchase of the additional required materials. This budget, unless stated otherwise will be no greater than fifty pounds (£50.00+VAT).
8. Web Browsers
In The Eye Media Ltd makes every effort to ensure websites are designed to be viewed by the majority of visitors. Websites are designed to work with the most popular current browsers (e.g. Firefox, Microsoft Edge, Google Chrome, etc.). The client agrees that In The Eye Media Ltd cannot guarantee correct functionality with all browser software across different operating systems.
In The Eye Media Ltd cannot accept responsibility for web pages which do not display acceptably in obsolete version or new versions of browsers released after the website have been designed and handed over to the Client. As such, In The Eye Media Ltd reserves the right to quote for any work involved in changing the website design or website code for it to work with updated browser software.
Accounts unpaid thirty (30) days after the date of invoice will be considered in default. If the Client in default maintains any information or files on In The Eye Media Ltd’s Web space, In The Eye Media Ltd will, at its discretion, remove all such material from its web space. In The Eye Media Ltd is not responsible for any loss of data incurred due to the removal of the service. Removal of such material does not relieve the Client of the obligation to pay any outstanding charges assessed to the Client’s account. Cheques returned for insufficient funds will be assessed a return charge of £50+VAT and the Client’s account will immediately be considered to be in default until full payment is received. Clients with accounts in default agree to pay In The Eye Media Ltd reasonable expenses, including legal fees and costs for collection by third-party agencies, incurred by In The Eye Media Ltd in enforcing these Terms and Conditions.
Termination of services by the Client must be requested in a written notice or email and will be effective on receipt of such notice. Telephone requests for termination of services will not be honoured until and unless confirmed in writing or email. The Client will be invoiced for design work completed to the date of first notice of cancellation for payment in full within thirty (30) days.
We must be notified within 30 days of the intention to cancel the contract approaching the expiry date. If the Client doesn’t notify In The Eye Media Ltd that they intent to terminate the contract then it will automatically renew on the same terms to ensure your continuity of service. The Client should keep a record of reminders of their contract as In The Eye Media Ltd have no obligation to remind you of this fact.
All In The Eye Media Ltd services may be used for lawful purposes only. You agree to indemnify and hold In The Eye Media Ltd harmless from any claims resulting from your use of our service that damages you or any other party.
The Client understands that all creative content produced by In The Eye Media Ltd remains the intellectual property, and copyrighted to In The Eye Media Ltd. The Client must obtain permission and rights to use any information or files that are copyrighted by a third party. The Client is further responsible for granting In The Eye Media Ltd permission and rights for use of the same and agrees to indemnify and hold harmless In The Eye Media Ltd from any and all claims resulting from the Client’s negligence or inability to obtain proper copyright permissions. A contract for website design and/or placement shall be regarded as a guarantee by the Client to In The Eye Media Ltd that all such permissions and authorities have been obtained. Evidence of permissions and authorities may be requested. The Client will retain ownership of any design work that is produced by In The Eye Media Ltd. However, a nominal fee of £150.00+VAT will be charged to transfer a website out.
13. Standard Media Delivery
Unless otherwise specified in the project quotation, this agreement assumes that any text will be provided by the Client in electronic format (text files delivered on USB drive or via e-mail or FTP) and that all photographs and other graphics will be provided in .gif, .jpeg, .png or .tiff format. Although every reasonable attempt shall be made by In The Eye Media Ltd to return to the Client any images or printed material provided for use in creation of the Client’s website, such return cannot be guaranteed.
14. Design Credit
A link to In The Eye Media Ltd will appear in either small type or by a small graphic at the bottom of the Client’s website. If a graphic is used, it will be designed to fit in with the overall site design. If a client requests that the design credit be removed, a nominal fee of 50% of the total development charges will be applied. The Client also agrees that the website developed for the Client may be presented in In The Eye Media Ltd’s portfolio and throughout our social media profiles.
15. Access Requirements
If the Client’s website is to be installed on a third-party server, In The Eye Media Ltd must be granted temporary read/write access to the Client’s storage directories which must be accessible via FTP. Depending on the specific nature of the project, other resources might also need to be configured on the server.
16. Post-Placement Alterations
In The Eye Media Ltd cannot accept responsibility for any alterations caused by a third party occurring to the Client’s pages once installed. Such alterations include, but are not limited to additions, modifications or deletions.
17. Domain Names
In The Eye Media Ltd can purchase domain names on behalf of the Client. Unless the Client has approached us with ownership of a Domain Name then this will be done and we will remain rightful owners of the Domain Name unless agreed otherwise. In The Eye Media Ltd have the responsibility for payment & renewal on the Domain Names on the condition the Clients account hasn’t defaulted on payments and is up-to-date with payments. In the unlikely event of non-payment for ongoing services In The Eye Media Ltd reserve the right to cancel the Domain Name and withdraw obligation to renew/make payments to the Domain Registrar. The loss, cancellation or otherwise of the domain brought about by non or late payment by the client is not the responsibility of In The Eye Media Ltd. The Client should keep a record of the due dates for payment to ensure that payment is received in good time.
These Terms and Conditions supersede all previous representations, understandings or agreements. The Client’s acceptance via email, text or payment of an advance fee constitutes agreement to and acceptance of these Terms and Conditions. Payment online is an acceptance of our terms and conditions.
19. Governing Law
This Agreement shall be governed by English Law.
In The Eye Media Ltd hereby excludes itself, its Employees and or Agents from all and any liability from:
Loss or damage caused by any inaccuracy;
Loss or damage caused by omission;
Loss or damage caused by delay or error, whether the result of negligence or other cause in the production of the web site;
Loss or damage to clients’ artwork/photos, supplied for the site. Immaterial whether the loss or damage results from negligence or otherwise.
The entire liability of In The Eye Media Ltd to the Client in respect of any claim whatsoever or breach of this Agreement, whether or not arising out of negligence, shall be limited to the charges paid for the Services under this Agreement in respect of which the breach has arisen.
In the event any one or more of the provisions of this Agreement shall be held to be invalid, illegal or unenforceable, the remaining provisions of this Agreement shall be unimpaired and the Agreement shall not be void for this reason alone. Such invalid, illegal or unenforceable provision shall be replaced by a mutually acceptable valid, legal and enforceable provision, which comes closest to the intention of the parties underlying the invalid clause.