Service360

The purpose of this document is to outline our Terms and Conditions of service use. USING ANY OF INTEGRALVISION SERVICES SIGNIFIES YOUR ACCEPTANCE OF OUR TERMS AND CONDITIONS BELOW.

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, our published Terms and Conditions will apply.
   
   Payment Terms
   
   
2. 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.
3. 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.
   
4. It is standard practice that Integralvision requires advance or "staged" payments of a proportion of the estimated fee to be paid prior to commencement of work on account of expenses likely to be incurred. Should the working period be extended beyond one week, further "staged payments" may be required.
5. 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.
6. 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.
   
   Projects
   
   
7. The detailed description of the required work is contained in the Short Design Proposal (SDP) or Function and Design Specification (FADS) specified in the Contract. The work described in the SDP or FADS will be considered the Contracted Work. There will be a certain amount of flexibility in both directions, but, a new area, or anything, which requires excessive extra work (such as excessive image or text changes), would be considered as over and above the contracted work and not part of the Timeline. Work considered as over and above the contracted work will be invoiced for separately at the Standard Integralvision hourly rate at the end of the project or added to the Staged Payments.
8. Costing for the design stage of a project is based on a specified amount of designs and revisions. If the client is heavily involved with the design stage, perhaps sitting with the designer for long periods, or giving very specific intructions for amendments by email or telephone, we reserve the right to move to charging for the design stage at our standard hourly rate.
9. The Client may at any time request alterations to the Project Specification by sending an email to the Integralvision Project Manger. On receipt of the request for alteration Integralvision shall, within 2 working days advise the Client by email of the effect of the alteration, if any, on the Price, the Timetable and any other terms already agreed between the parties. Any increase in the Price shall be in accordance with the standard charges of Integralvision for labour.
10. Where Integralvision gives written notice to the Client agreeing to perform an alteration on terms different to those already agreed between the parties, the Client shall, within 2 working days of receipt of such notice, advice Integralvision by notice in writing whether or not they wish the alteration to proceed.
11. Where Integralvision gives written notice to the Client agreeing to perform an alteration and the Client confirms by email that they wish the alteration to proceed on those terms, The Contract shall be deemed automatically to have been amended so as to include the alteration and thereafter Integralvision shall perform this Contract upon the basis of such amended terms.
12. 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. Any delay in provision of the above may result in one or both of the following, for which Integralvision cannot be held responsible:
    
    (a) The possible extension of the completion deadline
    (b) Increased costs to the Client
    
    
13. 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.
    
    
Estimates


14. Where Integralvision provides an Estimate of costs, 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.
15. Please note that an Estimate 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 extras.
16. 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.
    
    Copyright
    
    
17. 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.
18. 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.
19. 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, .psd, fonts, Illustrator vectors files (.ai) .fla files and other project development files).
20. Integralvision may, at its own discretion, provide the source files based on a non-exclusive license for the client's unlimited use and modification. However, Integralvision retains exclusive copyright and rights to source files and their functionality and may reuse, amend and resell them as they see fit.
21. If Integralvision sees fit to provide copies of source files, an extra fee will be payable to Integralvision. The fee to be agreed by negotiation.
22. Function and Design Specification (FADS) and Short Design Proposals (SDPS) 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.
23. Function and Design Specification (FADS) and Short Design Proposals (SDPS) are confidential documents prepared for the Client to view only. It is expressly forbidden to show such documents to competitors of Integralvision.
24. 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.
25. 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.
    
    Provision of IT Services
    
    
26. Integralvision is not an IT support company and any decision to provide IT support to our clients is at the company discretion or at the discretion of individual staff members. Provision of IT support does not constitute an agreement to provide IT support. Issues with broadband and or loss of Internet services, problems related to PCs or software should be taken up with your broadband suppliers, software suppliers or your local IT support person.
    
27. 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.
    
    Viruses & Spam
    
    
28. Virus filtering - Anti-virus scanning 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.
29. Spam Filtering services are provided by the Industry Standard SpamAssassin. This is set to mark spam by including [SPAM] in the header, thus allowing clients to either filter it on your local computer automatically. This is to reduce the chances of deleting important email.
30. If you believe you are receiving excessive spam, please contact our support so we can look at "tweaking" the spam filters.
31. 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.
    
    Acceptable Use Policy
    
    
32. We have an Acceptable Use Policy to protect our clients.
    
33. For security and legal reasons we do not allow client access or third party access to website's on our servers either by FTP or SSH.
    
34. An Integralvision built Content Management Systems is the only method we allow for updating or adding content to a website developed by Integralvision. This may include integration with a client's legacy system such as .csv file upload.
    
35. For client using our stand alone hosting service, the following rules apply:
    
    (a) only the CGI scripts approved by us can be used on your web space. Other scripts and libraries such as databases (unless built by Integralvision), Chat/IRC, web proxy, forums, 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.
    (b) you will be responsible for the content of your 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.
    (c) 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. Newsletter management systems built by Integralvision may be utilised to send emails however, we reserve the right to monitor the use of such systems and to restrict usage if it is considered detrimental to our service.
    (d) 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.
    (e) we reserve the right to suspend any or all of the web space service, or remove any material from the web space service at our sole discretion, without warning or notice.
    (f) we reserve the right to restrict the service of or remove content from any web space that we deem as being detrimental to the services as a result of the amount of traffic generated over and above what we consider reasonable for each account.
    (g) we reserve the right to determine what constitutes acceptable use.
    
    Server Backup Strategy
    
    
36. 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.
    
37. Backups are made nightly to an external USB drive on our network at the data centre.
    
38. Client databases are separately backed up to our office server. Versions are kept for five days
    
39. 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.
    
    
40. Content
    
    
41. The Client will be responsible for the content of any web pages, ensuring that the contents of these pages do not violate any laws.
    
42. 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.
    
43. 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.
    
44. 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.
    
    High Bandwidth Usage
    
    
45. 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 never occurred 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.
    
46. High Resource User Policy: Resources are defined as bandwidth and/or processor utilization. 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) This policy is only implemented in extreme circumstances and is intended to prevent the misuse of our servers.
    
    
47. If a client is aware that there is an upcoming event or news coverage that may increase bandwidth usage exponentially, they should contact Integralvision in advance so that we can allocate extra resources if necessary.
48. Integralvision does not and cannot guarantee uninterrupted access to the Internet or 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.
49. Integralvision provides a fixed amount of disk space on our server for each clients use dependent on their level of Account.
    
50. 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.
    
    Domain Names
    
    
51. A free domain name is provided with a Service360 Standard+ Account or Premier+ Account. There will be no charges for registration or renewal of this domain name as long as the account holder pays our fees for Service360.
    
52. Only domain names registered with or transferred to Integralvision registrars will be eligible for the free domain offer.
    
53. Should the account holder leave our service, or swap to another hosting account other than Service360, the renewal of the domain name will be chargeable at our normal domain renewal rate.
54. Integralvision is not responsible for the managment and renewal of domain names once the client cancels their hosting account.
    
55. The Domain Name Registration fee (other than the free domain name provided with a Service360 Standard+ Account or Premier+ Account) is payable on registration. No fees are charged for failed registrations.
    
56. Failure to pay The Domain Name Registration fee will result in the domain name being cancelled and released for others to purchase.
    
57. 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.
    
    Service360 Search Engine Position Guarantees
    
    
58. Service360 Guarantees come into force 90 days after a Service360 Account has begun operating.
    
59. Should we fail to meet our guarantee, we will refund the monthly fee for the month in question. The proviso is that Service360 should be given 14 days from the time the problem is brought to our attention, to amend the optimisation of the site to improve the sites position. If things have still not improved after 14 days, the guarantee comes into force.
    
60. Service360 Guarantees are void if client's rankings are affected by individual search engines drastically changing the way they work, introduction of new inclusion rules, acquisitions, closures and other acts by the search engines over which we have no control.
    
61. Basic+ Accounts: There are no guarantees of search engine position on Basic+ Accounts.
    
62. Standard+ Accounts: These Accounts carry a guarantee that your web site will be found in the Top 20 of Google UK organic results (i.e. not including Pay Per Click (PPC) or Local Business Results) on a minimum of 6 of the keywords checked by Service360, including your company name, domain name and a selection of your products/services.
63. Premier+ Accounts: These Accounts carry a guarantee that your web site will be found in the Top 10 of Google UK organic results (i.e. not including Pay Per Click (PPC) or Local Business Results) on a minimum of 12 of the keywords checked by Service360, including your company name, domain name and a selection of your products/services.
    
64. Google relies heavily on links to web sites to decide where to rank them. Obtaining links is the responsibility of the Client. However, we do provide full support and advice in achieving links to your site. The guarantee of Top results in Google is void if Google does not report any links pointing at the client's website from external website's (not including links from Integralvision sites). If the only reason that a client's website is not achieving Top 10 or Top 20 (dependent on account) results in Google is poor link performance, the guarantee is void. Under these circumstances Integralvision will offer free advice and practical help to the client on obtaining links to their site. The guarantee will not come into force until Google reports the number of links pointing at the client's website is more than the lowest scoring competitor in the Top 10 or Top 20 (dependent on account) of Google.
    
65. All guarantees shall be void if the Client or their Agents changes in any way, shape or form the optimisation provided by Service30. This includes changing the content of the index (Home) page, making changes to the Page Title or Meta Tags, Changing links on the index page, using spamming techniques on the web site (including subscribing to Link Farms), submitting the Client's site to search engines more frequently than recommended by Service360 or failing to obtain sufficient links to obtain a reasonable Google PageRank.
    
66. Optimised keywords are chosen after consultation with the Client. However, Service360 has final say in all keywords or phrases used on the Client's web site. Service360 will always do any necessary research to ensure the best keywords are utilised and these keywords will only be ones that have shown to be searched for in Google.
    
67. All guarantees shall be void if the Client insists on Service360 using unsuitable keywords or phrases that, in the opinion of Service360, will hinder the effectiveness of the service.
    
68. Due to the constantly changing nature of search engines and their relationships, Service360 reserves the right to amend the list of search engines submitted to and reported on.
    
69. Search engines constantly change the way they work. Although we make every effort to keep up with these changes, it is possible that the ranking reports are not 100% accurate on any given day (in fact our research shows that results in Google can vary by the hour). Most inaccuracies are caused by paid for Sponsored Links being included in the results delivered to Service360 or Google Local Business results being amended. Due to this, your real results should not be lower than those displayed. If you have any doubts about your ranking, use the facility provided to check any individual position in a search engine live. Search engine rankings displayed by Service360 and in the weekly email are a guide only.
    
70. Google Local Business will only be counted as Top 20 results if the client has been signed up for a Google Local Business Account. Management of a Google Local Business Account is an optional extra in Service360. Please ask for details.
    
71. Service360 follows an ethical SEO policy. This means we will always stay within the guidelines recommended by each search engine for site inclusion. Any client managing their own accounts, or using a third party SEO company, who breaks search engine inclusion guidelines will have their account cancelled and be asked to leave our hosting service without compensation or refund of fees.
    
    
Aftercare / Maintenance Contracts (Service360)


72. Standard+ Account and Premier+ Service360 Hosting and Aftercare Accounts include a site updating service limited to ten minutes of free labour per month. Labour over and above this allowance will be recorded in our Tasks Database and invoices will be despatched for payment when a client's account reaches £40.00, when another invoice is due, six months after the work is carried out, or on closure of the account.
73. Clients may not carry forward unused site updating time to future months, nor can it be used to cover future paid project work. This applies even if the client has never made use of our site updating service in any period.
74. Standard+ Account and Premier+ Service360 Hosting and Aftercare Accounts include Priority Support for Standard+ Account and Premier+ Account holders.
75. Standard+ Account and Premier+ Service360 Hosting and Aftercare Accounts includes free bug fixing on sites built and hosted by Integralvision. 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 ourselves.
76. Custom Service Level Agreements (SLA) will be provided for clients using our Enterprise Level Hosting Service.
77. 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.
78. Charges for all Integralvision Service360 and Hosting Accounts may be amended without notice.
79. Full levels of service are only available to clients paying the full current charges for any Service360 account.
80. 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.
    
81. These Terms and Conditions are governed by and subject to English Law.
    
82. We reserve the right to vary these Terms and Conditions and Acceptable Use Policy for our services at our sole discretion with 14 days prior notice in as far as they are published on the Integralvision web site.
    
    Term and Conditions last amended 31/01/10