General Principles
- imagecoder offers a website coding and production service. Where associated services (such as, but in no way limited to, web hosting and email services) are, or have been, or are due to be supplied by third parties imagecoder is in no way responsible for any failings of, or variations of service on the part of, such third parties. This applies, with equal force, even if such services have been supplied to imagecoder and then resold to the client.
- Unless otherwise specifically and mutually agreed, and confirmed as such by two-way email communication, for the duration of the production process there is a 'walk away' option on both sides, with no contractual obligation to produce a site existing and no obligation to pay for the site existing, prior to the site being completed to such a standard that the client wishes to pay imagecoder for the work done and so gain ownership of the root folder and its contents (commonly referred to as 'the web site' or 'the site').
- Should any items or services particular to the website (including, but in no way limited to, dedicated web hosting, domain name registration(s) and email services) be purchased prior to completion of the website any charges relating to such will be payable by the client and the right(s) to any associated ownerships and/or the right(s) to utilise such services shall then pass to the client.
- Any account details, passwords or other information needed to allow access to or use of the website, or any of its associated systems, shall be made freely available, without unreasonable delay and free of charge, when requested by either imagecoder or the client.
- imagecoder may agree to attempt production of photographic images for use on the website or elsewhere, but accepts no responsibility for the quality of such images and their suitability for reproduction on the site or elsewhere, nor provides any guarantee that an image of any kind will be recorded on any occasion.
- imagecoder shall have no liability for any consequential losses of any kind, under any circumstances.
- No ownership of copyright will be transferred as a result of the production process. Any photographs of the client and/or images or graphics relating to the client's business or organisation will be considered to be owned by the client and may not be reproduced elsewhere, other than as part of imagecoder's own website at www.imagecoder.co.uk . Any underlying computer code, page layout, style or navigation menu (structure and appearance) is considered to be owned by imagecoder and may be duplicated on other websites.
- Any opinions expressed by imagecoder do not constitute 'advice' in any legal sense and are always, without exception, merely the private opinion of the designer or other member of staff. They may be useful to the client, but may also be disregarded.
- The client must check that no copyright claims are infringed on by the site and is responsible for any payments to be made in order to obtain the right to use of images or other copyright items on the website, in addition to any separately agreed charges for imagecoder services. Any charges, costs or penalty payments resulting from copyright infringement will be paid by the client.
Site Design and Configuration
- All imagecoder web sites are designed and configured to give proper layout and presentation to at least 90 per cent of web users and a usable presentation to the majority of other users. In practice, this currently means that the site is viewable by users of present and recent versions of Microsoft Internet Explorer and by users of current versions of Mozilla Firefox, Google Chrome and Apple Safari. Any Flash-based components will not show on devices that do support Flash.
- The website should be checked for veracity and ongoing compliance with all relevant legislation by the client. The client agrees to report any necessary amendments to imagecoder without delay. In particular, any changes needed for compliance with disability related legislation must be reported without delay. Any substantial changes needed for compliance with current, past or future legislation will be chargeable to the client at reasonable rates reflecting ordinary market conditions.
- Any page on the site may, at the discretion of imagecoder, have on it a small but legible copyright or 'site by' notice at the foot of the page, linked to a page within the root folder that gives contact details and information on imagecoder. That page may also contain links to any other web page associated with imagecoder. Alternatively, the notice may be linked to any other internet page associated with imagecoder or its services.
- The client shall provide to imagecoder such passwords, information and access privileges as are needed to produce the site, upload it to a hosted domain and maintain it.
Ongoing Technical Support
- One year of technical support is provided by imagecoder for every website, starting from the date of invoice. This includes any maintenance or revision of the site necessary so as to maintain the level of performance as specified in item 1 of Site Design and Configuration (above), and also any very minor updates or revisions needed to ensure that the information on the site is accurate and current. It does not include the extension of the site to other areas of business, changes or additions to product listings, redesigns or technical changes warranting communication with previously unlinked databases or sources of information.
- There is no guarantee of immediate repair to any part of the website, its operation, or any related function, but imagecoder will be cognisant of the urgency and seriousness of any reported fault or technical requirement and make good efforts to prioritise accordingly. Any delays resulting from illness, or holidays, or bereavement, or technical impasse, the failings of third parties, or force majeure, or of up to five days' duration, shall not be considered a breach of contract.
- imagecoder may make any changes it considers necessary to correct perceived or actual faults, without reference to the client.
- imagecoder will provide to the client such passwords, information and access privileges as are needed for the future operation of the site.
Last updated: Thursday, April 12, 2012
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