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Terms & Conditions

London based Web and Graphic Design Agency creating Search Engine friendly and responsive designs for businesses and individual customers

Our Terms and Conditions.
By placing an order with IMONDA Studio, you confirm that you are in agreement with and bound by the terms and conditions below. Please make sure you get familiar with the text below before placing any orders with IMONDA Studio.

The Client: The company or individual requesting the services of IMONDA Studio.
IMONDA Studio/Developer: Primary designer/site owner & employees or affiliates.

IMONDA Studio will carry out work only where an agreement is provided either by email, telephone, mail or fax. Once development work has begun, changes and additions to the required tasks and schedules will only be accepted by negotiation with IMONDA Studio and/or upon written notice.
In the event that a proposal is made and accepted but the briefing did not specify fully the type or level of work required IMONDA Studio reserve the right to notify The Client accordingly and to charge for additional work done which was not indicated in the original briefing given.
IMONDA Studio will carry out work only for clients who are 18 years of age or above. An 'order' is deemed to be a written or verbal contract between IMONDA Studio and the client. This includes telephone/verbal and email agreements.

Website Design
Whilst every endeavour will be made to ensure that the website and any scripts or programs are free of errors, IMONDA Studio cannot accept responsibility for any losses incurred due to malfunction, the website or any part of it.

The website, graphics and any programming code remain the property of IMONDA Studio until all outstanding accounts are paid in full.

Any scripts, php scripts, or software (unless specifically agreed) written by IMONDA Studio remain the copyright of IMONDA Studio and may only be commercially reproduced or resold with the permission of IMONDA Studio.

IMONDA Studio cannot take responsibility for any copyright infringements caused by materials submitted by the client. We reserve the right to refuse any material of a copyrighted nature unless adequate proof is given of permission to use such material.

Any additions to briefs provided will be carried out at the discretion of IMONDA Studio and where no charge is made by IMONDA Studio for such additions, IMONDA Studio accept no responsibility to ensure such additions are error free and reserve the right to charge an according amount for any correction to these or further additions.

The client agrees to make available as soon as is reasonably possible to IMONDA Studio all materials required to complete the site to the agreed standard and within the set deadline.

IMONDA Studio will not be liable for costs incurred, compensation or loss of earnings due to the failure to meet agreed deadlines.

IMONDA Studio will not be liable or become involved in any disputes between the site owner and their clients and cannot be held responsible for any wrongdoing on the part of a site owner. eg. any disputes regarding content/images that have been provided to us for inclusion on the site.

IMONDA Studio will not be liable for any costs incurred, compensation or loss of earnings due to the work carried out on behalf of the client or any of the clients appointed agents.

IMONDA Studio will not be liable for any costs incurred, compensation or loss of earnings due to the unavailability of the site, its servers, software or any material provided by its agents.

Unless otherwise agreed, a deposit of 50% is required with any standard project and 50% for database driven projects before any design work will be carried out. This figure may be higher for websites of an adult nature and is non-refundable. Small Artwork projects (up to £50.00) are payable upon completion and BEFORE releasing any source materials to the client. The payment for any printing orders must be settled in full BEFORE sending source materials to the printing companies.

Once a website has been designed and completed the final balance of payment is then due in accordance with our payment terms. There are no exceptions to this, i.e. if The Client decides they no longer want the site, as they have commissioned the work and paid a deposit they are still obliged to pay for the work that has been done. Non payment will result in legal action being taken if necessary. Once full payment is received for a website, it is assumed that the project has been completed to the client’s satisfaction and no refunds can be offered.
All prices are exempt of VAT.
All Quotations are valid for 14 (fourteen) days from date of issue.
Client agrees that IMONDA Studio may include development credits and links within any code IMONDA Studio designs, builds or amends.
Client agrees that IMONDA Studio reserves the right to include any work done for the Client in a portfolio of work.

Database, Application and E-Commerce Development
IMONDA Studio cannot take responsibility for any losses incurred by the use of any software created for the client. Whilst every care has been taken to ensure products are problem free and accurate, the ultimate responsibility lies with the client in ensuring that all software is functioning correctly before use.

Any scripts, applications or software (unless specifically agreed) written by IMONDA Studio remain the copyright of IMONDA Studio and may only be commercially reproduced or resold with the permission of IMONDA Studio.

Where applications or sites are developed on servers not recommended by IMONDA Studio, the client is expected to provide or seek any information, additional software, support or co-operation pertaining to the server required in order for the application to be correctly developed. Where large applications are to be developed, it is the client’s responsibility to provide a suitable testing environment which is identical to the final production environment.

The client is expected to test fully any application or programming relating to a site developed by IMONDA Studio before being made generally available for use. Where "bugs", errors or other issues are found after the site is live, IMONDA Studio will endeavour (but is not obliged to) to correct these issues to meet the standards of function outlined in the brief

IMONDA Studio will endeavour to ensure that any developed/designed site or application will function correctly on the server it is initially installed in and that it will function correctly when viewed with the web browsing software: Mozilla, Google Chrome, Opera and to an acceptable level with Microsoft Internet Explorer Version 9 browsers. IMONDA Studio can offer no guarantees of correct function with all browser software.

Website Hosting
Whilst IMONDA Studio recommends hosting companies to host websites, no guarantees can be made as to the availability or interruption of this service by IMONDA Studio cannot accept liability for losses caused by the unavailability, malfunction or interruption of this service, or for loss of turnover, sales, revenue, profits or indirect, consequential or special loss.
Client agrees to take all legal responsibility for use of third party domain name, hosting and email services and hereby agrees to indemnify and hold harmless the Developer from any claim resulting from the Client's publication of material and use of the domain name, hosting and email services. Any support or payment due relating to the domain name, hosting and email services are to be made between the Client and the third party service.
Client agrees to pass on FTP details and any other access details relating to their domain name and hosting account which the Developer requires to upload the web site if required as part of a project.
Developer reserves the right without notice to refuse work with domain names or hosting and email services without reason for such rejection or refusal.
IMONDA Studio reserve the right to refuse to handle in any way, material which may be deemed offensive, illegal or in any way controversial, and also to terminate any free hosting service should the necessity arise.
Any Offers and Promotions have limited time and may be withdrawn at any time without reason.

Website Optimization
Due to external factors, such as changes to the way search engines rank websites, we cannot offer any guarantees regarding the position we will achieve for websites. The process of optimizing websites itself will bring in more traffic and hits and you'll see visits increase to your site naturally. We cannot accept liability for any change in rankings, or drop off in the position of your website due to changes in the algorithms of the search engines or the factors that they use to rank websites.

We use 'white hat techniques' when optimizing websites and always aim to achieve a top ten ranking for your website within six months of undertaking the optimization process. Due to the work involved payment is generally required in advance and we are unable to offer a refund of any monies to clients in relation to this type of work.

Payment of Accounts

Unless otherwise agreed, a 50% deposit is required from any client before any work is carried out. It is the IMONDA Studio policy that any outstanding accounts for work carried out by IMONDA Studio or its affiliates are required to be paid in full, no later than 5 days from the date of the invoice unless by prior arrangement with IMONDA Studio.
Once a deposit is paid and work completed you are obliged to pay the balance of payment in full. We will contact clients via email and telephone to remind them of such payments if they are not received when due.Failure to comply with previously agreed Payment Schedule may result (in our sole discretion) in the termination of Agreement.
Invoices are due within 5 (five) days of receipt after which a reminder will be sent to the Client. If the invoice has not been settled after fourteen (14) days then IMONDA Studio will consider the account to be in default.

If accounts are not settled or IMONDA Studio have not been contacted regarding the delay, access to the related website may be denied and web pages removed, we will then pass such cases to the Small Claims Court to pursue payment, non payment can result in county court judgements (ccj's) being added to the clients credit rating.

Following consistent non payment of an invoice our Solicitors will contact the client in question, with a view to taking the matter further and if need be to seek payment through legal procedures, and if necessary court summons.

The Client and IMONDA Studio may terminate The Project based upon mutually agreeable terms to be determined in writing, any work produced by IMONDA Studio for The Project will be billable at this time and all artwork, designs, edits, revisions and work product created in The Project remain the exclusive copyright and intellectual property of IMONDA Studio.

We reserve the right without notice to cancel, reject, refuse sale to or work with a client without reason for such rejection or refusal.

If IMONDA Studio believes that The Client is unfairly rejecting work that does meet The Project Specification then IMONDA Studio reserves the right to terminate this contract.

The Client shall upon termination pay IMONDA Studio all unpaid amounts due for Services completed prior to notice of termination.

Termination of the Web Development project by The Client must be requested in writing 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. The Client will be invoiced for any work completed to the date of first notice of cancellation for payment in full within thirty (30) days.

Your Privacy
We do not share or sell any of your details with third party companies, without your express permission and we will only email you or contact you about work related matters.

Complaints Procedure

Informal procedure
Anyone who experiences a problem with their web service provided by IMONDA Studio should raise the matter directly using our online contact form to do so, giving sufficient information to locate the material (such as an url) and clearly outlining the grounds for complaint.
IMONDA Studio will approach the individual responsible for the material in question with a view to resolving the matter to the satisfaction of the complainant.

Formal complaints procedure
The formal complaints procedure should only be used where the complainant feels that the nature of the complaint is too serious to be dealt with informally, or where a satisfactory conclusion has not been reached after following the informal procedure. A formal complaint should be made in writing to IMONDA Studio, who will acknowledge receipt and ensure that the matter is looked into as soon as possible. An initial response to any complaint can be expected within seven days of its receipt; a full and considered response to the complaint should be completed within 30 days and any subsequent remedy implemented with the minimum of delay.

Updated 10/05/2010