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term & conditions of service

client accolades
"I just wanted to say a big thank you to all the team at Integralvision for the new Pennywell website. We are absolutely delighted with both the design and functionality of the site and we have already noticed an increased number of enquiries coming to us directly from the website. It has completely revolutionised the way we sell tickets online and it has been a great way to move the business forward. Right from the start of this project, we felt that Integralvision had a clear understanding of the Pennywell brand and we were very impressed with the enthusiasm and vision of the whole team. We have found you all a pleasure to work with and the on-going support we have received has been second to none."
Chris Murray, Managing Director Pennywell Farm Centre

library

All clients are provided with direct email links to these Terms and Conditions. All web design contracts also include reference to our published Terms and Conditions. USING ANY OF INTEGRALVISION SERVICES SIGNIFIES YOUR ACCEPTANCE OF OUR TERMS AND CONDITIONS BELOW.

The purpose of this document is to outline our Terms and Conditions of service.

  1. Specific stipulations in an individual Client Contract of Appointment supersede our published Terms and Conditions. If a particular Term or Condition is not expressed in the Contract of Appointment, or no Contract of Appointment has been supplied, our published Terms and Conditions will apply.
  2. Payment Terms
  3. Unless specifically varied in the Integralvision Contract of Appointment or otherwise in writing by Integralvision, the following payment terms shall apply: Settlement of all invoices shall be no later than 7 days from sent date, unless otherwise agreed in writing. We reserve the right to charge interest at 3% per month or part month above Natwest base rate on payments more than 7 days overdue.
  4. Failure to pay our invoices and accounts may result in the permanent or temporary cessation of our services. This may involve the removal of your website from our servers, cancellation of email services and domain name(s) being removed from the registry.
  5. On all medium to large projects advance or "staged" payments of a proportion of the estimated fee will be required to be paid prior to commencement of work. Invoices will be supplied prior to staged payments being due.
  6. On all medium to large projects should the working period be longer than one week, further "staged payments" may be required.
  7. Failure to pay staged payment invoices on time may result in the cessation of work until any outstanding amount is paid.
  8. If the Client is responsible for adding content via a supplied Content Management System (CMS), final sign-off and final payment for the project is not dependent on all content being added to the site by the client or supplied by the client.
  9. If setting up a third party payment gateway is causing delays, final sign-off and final payment for the project is not dependent on any payment gateway being set up or made Live by the third party supplier.
  10. Projects and Tasks
  11. The Timeline
  12. The Timeline refers to the amount of time we estimate the project will take to complete. While we may use dates when referring to the Timeline, it is more accurate to think in terms of Project Days. A Project Day is a day spent working on the project and does not include non-working days such as weekends and public holidays. The Timeline takes into account how many members of staff we believe are necessary to work on the project, as well as an overrun to allow for unexpected eventualities. If there is any delay in starting a project, or during the project, then the Timeline will be adjusted by the same amount.
  13. Projects
  14. All medium to large projects will require a signed contract prior to commencement of work.
  15. On medium to large projects, the detailed description of the agreed work is contained in the Function and Design Specification (FADS) stipulated in the Contract. The work described in the FADS will be considered the Contracted Work.
  16. There will be a certain amount of flexibility in both directions, but any requested excessive extra work will be considered as over and above the agreed Deliverable and may impact on the Timeline and the final cost. Work considered as over and above the contracted work, including new work, will be invoiced for separately at the Current Integralvision Standard hourly rate.
  17. For avoidance of doubt, excessive extra work is defined as changes to the FADS requested by the client that take more than 30 minutes of labour to produce. This includes, but is not limited to: new pages or sections, excessive image or text changes, site wide changes, new designs, new features, site wide colour changes, changes to database functionality.
  18. Copy writing, data input, choosing and amending stock library images are specifically excluded from the Function and Design Specification and will be considered as chargeable extras.
  19. Any alterations to the Project Specification must be requested or confirmed in writing to the Integralvision Project Manger.
  20. Any alterations to the Project Specification requested by The Client considered excessive extra work will be charged at the Integralvision Standard Hourly Rate.
  21. Extra work will be considered chargeable whether or not a cost has been attached to the extra work.
  22. Where the Client requests in writing alterations to the Project Specification, the Contract and FADS shall be deemed automatically to have been amended so as to include the alterations.
  23. Costing for the design stage of a project is based on the specified amount of time for designs and revisions. If the client becomes heavily involved with the design stage, for example, sitting with the designer for long periods; supplying their own modifications to Integralvision designs; producing their own designs, or giving detailed instructions for amendments by email or telephone, Integralvision reserve the right to charge extra for the design stage at our standard hourly rate.
  24. All content, photos, graphics and other files and data required for projects must be supplied by the Client prior to the commencement date of the project. Delays in supplying content may impact on the Timeline.
  25. The client is expected to be available to make decisions during the Timeline of the project. If progressing the project is dependent on a decision from the client, further work on the project may be stopped.
  26. Any delay in provision of content, photos, graphics and other files or data required for projects, or in decision making by the client, may result in one or both of the following, for which Integralvision cannot be held responsible:

    (a) The extension of the completion deadline
    (b) Increased costs to the Client

  27. If, after receipt of all the content, photos, graphics and other files and data, the volume or type of materials or information (including code) the Client supplies makes it commercially unrealistic in Integralvision's view to design a web site as part of the agreed design service, Integralvision may at its discretion decline to perform the service, or may agree to carry on but subject to re-negotiating specific terms for performing the design services (including as to charges) to reflect the circumstances. Integralvision is not responsible for delays to projects due to problems with third-party code.
  28. Tasks
  29. Small Tasks for current clients do not require a contract but are instead covered by our terms and conditions of service.
  30. All Small Tasks, including website updating will be charged for.
  31. Small Tasks must be requested by the client in writing (email is acceptable).
  32. Clients telephoning to request a Small Task such as website updating will be asked to confirm by email. However, if no email confirmation is forthcoming, for example if the task is urgent, the work will still be considered the contracted work and will be invoiced accordingly.
  33. Any request for work must include a description of the work required. On acceptance of the work in writing by Integralvision, the client's written request and description will be considered the Contracted Work.
  34. There will be a small amount of flexibility in both directions, but any requested excessive extra work involved with undertaking the Small Task, will be considered as over and above the agreed Deliverable and may impact on the final cost. Work considered as over and above the contracted work, including new work, will be invoiced for separately at the current Integralvision Standard Hourly Rate.
  35. For absence of doubt, excessive extra work on a Small Task is defined as changes requested by the client that take more than 15 minutes of labour to produce. This includes, but is not limited to: requested variations and adjustments to the work, excessive image or text changes, new features, colour changes, changes to database functionality, copy writing, data input, choosing and amending stock library images.
  36. Any alterations to the Task Specification must be requested or confirmed in writing to the Integralvision Project Manger.
  37. Any alterations to the Task Specification requested by The Client considered excessive extra work will be charged at the Integralvision Standard hourly rate.
  38. Extra work will be considered chargeable whether or not a cost has been attached to the extra work.
  39. Estimates
  40. Where Integralvision provides an Estimate of costs for Projects or Tasks, this is based on our best estimate of the possible time involved in completing the work. This is not a guaranteed price. Final charges will be based on the actual time spent completing the work and be based on our staff time sheets.
  41. Please note that an Estimated cost of a Project or Task does not include an allowance for making revisions to the specified work. Any requests to make changes during the work or after completion will be considered chargeable extra work.
  42. The person who makes the request for any work or changes to be undertaken will be known as the official representative of the client. If this person asks for revisions to the specified work then we will automatically assume that they have authority to do so and the client will be charged accordingly.
  43. Copyright
  44. Unless otherwise stated in the Contract of Appointment, Copyright of all published web pages, images, animations, database data, code, etc. prepared or caused to be prepared by Integralvision or its Consultants in connection with the above is transferred to the Client when payment in full of any outstanding accounts are made.
  45. A non-exclusive, non-transferable license is granted to The Client to all published web pages, images, animations, database data, code, etc. prepared or caused to be prepared by Integralvision or its Consultants is provided for unlimited use and modification for use on a single website owned by The Client on the condition that the Copyright notice is left intact. The code may not be reused or resold for commercial gain by The Client or their developer without written permission from Integralvision.
  46. Unless otherwise stated in the Contract of Appointment Integralvision retains the rights to all original source files produced or used during development of a project or application, including source code, Photoshop Documents (.psd), Illustrator vectors files (.ai) Flash (.fla) files, fonts, and other project development files.
  47. Integralvision may, at its own discretion, provide the source files for the client's unlimited use and modification. In such cases, an extra fee will be payable to Integralvision for the supply of the files. The fee to be agreed by negotiation.
  48. Files produced for website are not suitable for print. For example, a website logo is not sufficient quality to be reproduced in print. Should the client require print quality versions of files produced for a website, this will incur extra charges.
  49. While we are happy to produce basic branding elements such as logos as part of the process of designing a website, developing a well thought out branding strategy. including company logo, colours, etc. is a much larger undertaking and is not part of the web design process. Integralvision is happy to quote separately for developing a branding strategy.
  50. Function and Design Specifications (FADS) prepared by Integralvision are the Copyright of Integralvision. This includes all versions and variations of these documents. The only exception is if the Client has paid Integralvision to produce a specification.
  51. Function and Design Specifications (FADS) are confidential documents prepared for the Client to view only. It is expressly forbidden to show such documents to competitors of Integralvision.
  52. The Client agrees that Integralvision may use The Client's name, domain name and web site for the purposes of promoting Integralvision and its services including the placing of links from the Client's web site to Integralvision's own web site and vice versa.
  53. Client's comments, whether in writing or verbal, may be used by Integralvision in its advertising and promotions, marketing, news, reviews and on website's owned by Integralvision.
  54. Provision of IT Services
  55. Integralvision is not an IT support company and any decision to provide IT support to our clients is at our discretion. Provision of IT support does not constitute an agreement to provide IT support in the future. Issues with broadband and or loss of Internet services should be taken up with your broadband supplier.
  56. IT support, whether by telephone or email will be charged for and invoiced at the Integralvision Current Hourly Rate when the support is provided. Support provided outside office hours (9:30am to 5:30pm) will be charged at time and a half. Support provided at weekends will be charged at double time.
  57. Integralvision is not responsible for loss or damage to the Clients equipment or data stored thereon due to technical advice from Integralvision or its staff.
  58. Hosting Services
  59. Integralvision provides website hosting services for clients whose websites have been designed and built by Integralvision.
  60. Viruses & Spam
  61. Anti-virus scanning of email by Integralvision or any other Internet based system should always be seen as a supplementary safeguard. Various other routes of infection (local access, floppy, CD, unmonitored downloads etc.) need also be taken into account, and a local, up-to-date virus scanner should be run regularly on your PC. While we will use every reasonable endeavour to ensure the integrity and security of this service, we do not guarantee that this service will protect email, data, or servers from corruption by virus and we shall be under no liability for non-receipt or misrouting of email or for any other failure of email or damage to data or operations.
  62. Our Spam Filtering services are provided by the Industry Standard SpamAssassin. If you believe you are receiving excessive spam, please contact our support so we can look at "tweaking" the spam filters.
  63. Integralvision does not allow the use of "catch all" email accounts. This is the practise of anything@yourdomain.com directing all mail to a single mailbox. This practice is out-of-date and causes extreme surges of spam, both for you and for our spam filtering servers. Catch-all mailboxes are banned and if found will be removed without notice or your account disabled.
  64. Acceptable Use Policy
  65. We have an Acceptable Use Policy to protect our clients and our staff. Integralvision reserves the right to terminate any client's account that does not meet the Acceptable Use Policy below.
  66. Integralvision will not tolerate abuse or rudeness towards Integralvision staff. Any client deemed to be abusive, threatening, rude, insulting or disrespectful either indirectly or directly towards any member of support staff may result in FULL service termination with or without notice.
  67. For security, legal and technical reasons, to safeguard our client's websites, we do not allow physical access (either via FTP of SSH) to website's on our servers to clients or third parties acting on behalf of clients.
  68. An Integralvision built Content Management System (CMS) is the only method we allow for a client requiring to update or add content to a website hosted on our servers. Websites without an Integralvision built Content Management System may only be updated manually by Integralvision staff. Manual updating of websites by Integralvision staff may incur charges.
  69. Only the CGI scripts approved by us can be used on your web space. Other scripts and libraries such as databases (unless produced by Integralvision), Chat/IRC, web proxy, mailing list scripts and any other unapproved software (including open source) are not allowed under any circumstances. CGI based message forums that use flat file databases can cause major problems and are not allowed.
  70. The client will be responsible for the content of their pages, including obtaining the legal permission for any works they include and ensuring that the contents of these pages do not violate UK law. The trading of illegal software or pornographic material is specifically forbidden. We do not host adult content. Software downloads may only be hosted if you are the writer and copyright owner of the software, all other software including freeware, shareware and trial software is forbidden. Audio and video downloads may only be hosted if you are the creator and copyright owner of the work or if you have the written permission from the owner to allow download of their work.
  71. The use of our network to send bulk email whether opt-in or otherwise, and the use of bulk email to promote a site on our network is strictly forbidden.
  72. A Newsletter Management System built by Integralvision is the only method allowed to send out bulk emails over our network.
  73. The sending of spam over our networks is strictly prohibited. It is the client's responsibility to ensure that their computers are free of viruses and software designed to send mass emails. Integralvision reserves the right to remove domains found to be sending spam over our networks.
  74. Integralvision reserves the right to suspend any or all of the website hosting service, or remove any material from the website hosting service at our sole discretion, without warning or notice.
  75. Integralvision reserves the right to make any changes to its hosting accounts, charges, technologies, specification, services and features offered at any time.
  76. Integralvision reserve the right to determine what constitutes acceptable use.
  77. Server Backup Strategy
  78. The main server hard drive is mirrored and controlled by a RAID controller. In the unlikely event of a hard drive failure; the second drive would take over immediately.
  79. Backups of all websites are made nightly on our network at the data centre and are kept for three days.
  80. Client databases are made nightly on our network at the data centre. Versions are kept for three days
  81. However, the Client will be responsible for retaining copies of their own data. We accept no responsibility for loss of data, information in any form or other matters whatsoever which result from the use of our service.
  82. Content
  83. The Client will be responsible for the content of any web pages, ensuring that the contents of these pages do not violate any laws.
  84. The Client will be responsible for obtaining the legal permission for any works they provide to Integralvision to be included in their web pages or upload independently.
  85. Integralvision will be responsible for obtaining the legal permission for any works they provide on behalf of the Client to be included in their web pages. Any costs involved in obtaining such permission will be the responsibility of the Client.
  86. Links to Other Sites - Where the Client has requested Integralvision to include links to other web sites Integralvision will not make any independent enquiry into those links. The Client confirms that the creation of those links is authorised by the owner/operator of the linked site.
  87. High Bandwidth Usage
  88. Integralvision offers an unlimited use policy on its web hosting by maintaining very large ratios of bandwidth. In rare cases (so rare that this has only occurred once in the last ten years), Integralvision may find a client to be using server resources to such an extent that they may jeopardize server performance and resources for other clients. In such instances, Integralvision reserves the right to impose the High Resource User Policy for the consideration of all customers. This policy is only implemented in extreme circumstances and is intended to prevent the misuse of our servers and any deterioration of the quality of our hosting service to the majority of our clients.
  89. High Resource User Policy: Resources are defined as memory, bandwidth or processor utilisation. Integralvision may implement the following policy to its sole discretion:
    (a) When a website is found to be monopolising the resources available Integralvision reserves the right to suspend that site immediately.

    (b) A website is found to be monopolising the resources may be subject to restrictions being placed on its bandwidth.
    (c) If a website continues to monopolise the resources available Integralvision reserves the right to cancel the hosting service account in question and ask the offender to move elsewhere with a period of 30 days.

  90. Integralvision does not and cannot guarantee uninterrupted access to your website. Internet services are obtained from numerous "backbone" Internet companies and connections and equipment can and do break down. Integralvision does not warrant for any loss of service time, transmission errors, connectivity or quality of service.
  91. Integralvision provides a fixed amount of disk space on our server for each clients use dependent on their level of Account.
  92. If a web site requires more disk space than the account provision, the client will be required to pay an extra monthly fee to cover this increase or to upgrade to the next account.
  93. Domain Names
  94. A free domain name is provided with a Service360 Standard Account. There will be no charges for registration or renewal of this domain name as long as the account holder pays our fees for a Service360 Standard Account.
  95. Only domain names registered with or transferred to Integralvision registrars will be eligible for the free domain offer.
  96. Should the account holder leave our service, or swap to another hosting account other than Service360 Standard Account, the renewal of the domain name will be chargeable at our normal domain renewal rate.
  97. Integralvision is not responsible for the management and renewal of domain names once the client cancels their hosting account.
  98. The Domain Name Registration fee (other than the free domain name provided with a Service360 Standard Account) is payable on registration or renewal. No fees are charged for failed registrations.
  99. Failure to pay The Domain Name Registration fee will result in the domain name being cancelled and may be released for others to purchase.
  100. Integralvision provides a Domain Name Registration Service for the convenience of its clients. Domains can only be registered via our service if there is an INTENTION in the future to host the Domain on Integralvision's Server. Bulk registration of Domain Names for the purpose of profit is not allowed using our service.
  101. It is the responsibility of the Client to ensure their contact details (in particular their email address) are up to date. Integralvision is not responsible for domains being lost due to out of date contact details.
  102. Service360 Standard Hosting Accounts
  103. Service360 Standard Hosting Account are provided with a fully managed hosting solution on one of our highly specified servers housed in some of the most advanced data centres in the country.
  104. Service360 Standard Hosting Accounts hard disk storage allowance is one gigabyte. Storage may be increased by upgrading the account. This will incur extra monthly fees.
  105. Service360 Standard Hosting Accounts include up to 20 POP email accounts and unlimited email forwards.
  106. Service360 Standard Hosting Accounts are allowed to utilise IMAP email setup but should the storage of email on our servers exceed the account hard disk storage allowance, then extra monthly charges will be applied.
  107. Service360 Standard Hosting Accounts do not include site updating in the monthly fee. Any site updating requested by a client, whether by telephone, email or in person, will be recorded in our Tasks Database and, once the work has been completed, invoices for the work will be despatched for payment when a client's account is equal to the Current Integralvision hourly fee; when another invoice is due; three months after the work is carried out, or on closure of the account.
  108. Service360 Standard Hosting Accounts include Priority Support. Support issues from Service360 Standard Hosting Accounts will be given priority over non-Service360 Standard Hosting Accounts.
  109. Integralvision reserves the right to evaluate what constitutes an "urgent" support issue and allocate its support staff time accordingly. Should Integralvision deem a support issue as "urgent", our staff will seek to provide an immediate solution during office hours on a "best effort" basis. All other support issues from Service360 Standard Account Holders will be dealt with on a "first come, first served" basis.
  110. Support is only provided free for technical issues directly caused by Integralvision systems. Should issues prove not to be caused by Integralvision systems then the time of our support staff will be invoiced at the current Integralvision Standard hourly rate.
  111. For the most efficient use of our staff time, our support service is primarily available via email (we have now removed the link to our custom support ticketing system as clients chose not to use it). While we may answer the phones during working hours, under times of high demand, we may defer to an answering service. Answer phone messages will be responded to by email as soon as possible.
  112. Service360 Standard Hosting and Aftercare Accounts includes free bug fixing on sites built and hosted by Integralvision for the first 3 years of the sites life after launch.
  113. Free bug fixing will only be provided on the proviso that the issue proves to be down to a flaw in the original programming or the original build of the site and no person outside of Integralvision has modified the code. Free bug fixing is not offered for third party code or website's not built by Integralvision and does not cover issues caused by industry upgrades to key third party software needed to host the website (such as Apache, Linux, MySQL,) or errors or display issues caused by updates to browsers, or upgrades or cessation of any software involved with the build of the website.
  114. After the 3 year guarantee runs out, all future bug fixing will be charged for at the current Integralvision Standard hourly rate.
  115. Integralvision is not responsible for optimising individual Products or Services websites that are self-editable by our clients.
  116. Integralvision Service360 Standard Hosting Account clients are entitled to 15 minutes of advice each month on how to best optimise their Product(s) or Service(s), develop a linking strategy, e-marketing of their online business, social media and how to get the best from their website. Should clients not choose take advantage of their 15 minute period of expert advice, it may not be carried forward to future months. Clients may not carry forward unused entitlement to advice to future months. This applies even if the client has never requested advice in any period.
  117. All further help and advice over and above this 15 minute period, whether via email, telephone or in person will be invoiced at the current Integralvision Standard hourly rate.
  118. Should more specific advice be required to help a client develop their online presence, then Integralvision can provide consultancy services charged at consultancy rates. Details available on request.
  119. Integralvision Service360 Standard Hosting Account clients are entitled to receive Integralvision guides and news on getting the best from their online presence.
  120. Integralvision adheres to an ethical SEO policy for websites hosted on our servers. This means we expect our client websites to stay within the published Google Guidelines. Because of the negative impact any infringement may have on all our clients, any client whose website breaks Google Guidelines will be asked to correct the situation immediately. Should no satisfactory response be forthcoming, the client may be ask to leave our hosting service.
  121. Service360 Standard Hosting Accounts holders are entitled to use our servers to send out bulk newsletter emails by means of an Integralvision Newsletter Management System (if included with their CMS). In the case of a client downgrading their account, the Newsletter option will be disabled in the CMS.
  122. Sending out bulk Newsletters using an Integralvision Newsletter Management System must comply with current Data Protection Legislation regarding the sending of bulk email.
  123. Integralvision reserve the right to monitor the use of the sending of bulk Newsletters using an Integralvision Newsletter Management System and to restrict usage if it is considered detrimental to our service.
  124. Length of Term for all Service360 Accounts are a minimum of 3 months. After the first 3 months, the cancellation of Service360 Accounts requires one month's notice in writing.
  125. Charges for all Integralvision Service360 and Hosting Accounts may be amended without notice.
  126. Full levels of service are only available to clients paying the full current charges for a Service360 Standard Account.

  127. Integralvision will comply with the relevant English Data Protection laws, this means that any personal details provided to us will not be disclosed to third parties without your consent unless required to do so by law.
  128. These Terms and Conditions are governed by and subject to English Law.
  129. We reserve the right to vary these Terms and Conditions and Acceptable Use Policy for our services at our sole discretion. Amendments will come into force 30 days after they are published on the Integralvision web site.

    Term and Conditions last amended 20/03/12