The following terms and conditions apply to all website development / design services provided by Gigatrix to the Client.
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 or has sent a payment, set up an account or has agreed for work to begin on a project, 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.
Charges for services to be provided by Gigatrix are defined in the project quotation that the Client receives via e-mail or via invoice. Quotations are valid for a period of 30 days. Gigatrix reserves the right to alter or decline to provide a quotation after expiry of the 30 days.
Payment for services is due by cheque, cash or bank transfer. Bank details will be made available on invoices.
Gigatrix 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 Gigatrix otherwise within ten (10) days of the date the materials are made available to the Client. The Client and Gigatrix agree that the project shall be deemed completed when the project is at a functioning stardard unless otherwise stated in this contract - See "Completion (section 10)".
Gigatrix will install and publicly post or supply the Client's website by the time frame specified in the project proposal, or at date agreed with Client upon Gigatrix receiving initial payment, unless a delay is specifically requested by the Client and agreed by Gigatrix.
In return, the Client agrees to delegate a single individual as a primary contact to aid Gigatrix with progressing the commission in a satisfactory and expedient manner.
During the project, Gigatrix will require the Client to provide website content; text, images, movies and sound files.
Gigatrix 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 in advance. 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 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 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 within one week of project commencement we reserve the right to close the project and refunds may not be issued. Simply put, all the above condition says is do not give us the go ahead to start until you are ready to do so.
NOTE: Text content should be delivered as a Microsoft Word, 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.
An upfront payment of the initial website cost should be paid either online or over the telephone by calling Gigatrix. If our staff agree that payment can be changed, such as paying 50% before starting and 50% at a later date then other details will be provided to the client by phone or email. If a following payment is not made at the date requested on the Clients invoice, the project may be terminated or work may be put on hold until the full payment is made.
Work on the website will begin as soon as the initial first payment is received, Gigatrix require the payment upfront before any work can be carried out. This money cannot be returned at any point after the work on the project has begun. If you, the client are not happy with the ongoing progress of the website, arrangements can be made to cancel any outstanding work and you may be refunded for any work not yet completed but paid for.
Client agrees to reimburse Gigatrix for any additional expenses necessary for the completion of the work. Examples would be purchase of special fonts, stock photography etc.
Gigatrix 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, Internet Explorer 8 & 9, Google Chrome, etc.). The Client agrees that Gigatrix cannot guarantee correct functionality with all browser software across different operating systems or every mobile device.
Gigatrix cannot accept responsibility for web pages which do not display acceptably in new versions of browsers released after the website has been designed and handed over to the Client. As such, Gigatrix 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 or new mobile devices.
All quotations are made on a time basis, meaning that the Client has been quoted on the amount of time it will take to complete the project. Because of this, the Client must provide Gigatrix with all requested information, images and documents to complete the project and commit to being in regular contact with Gigatrix within this time frame. If the Client fails to provide the requested information or does not maintain regular contact with Gigatrix during the design phase, the Client accepts that the project will be deemed completed after 60 days of the initital payment being made for the work. If the Client has asked for additional features which were unable to be carried out due to the expiry of the project time frame, Gigatrix reserve the right to request an additional payment for the additional hours it will take to complete such work.
The Client accepts that if they have requested multiple large changes or additions during the work which were not in the origional design plan, which in turn cause the project time frame to expire before the completion of the project to their standards, that Gigatrix reserve the right to deem the work completed at the end of the amount of work hours that payment has been paid for. Gigatrix agree to inform the Client if additional work will cause delay or cannot be carried out due to expiry of the project time frame wherever possible.
Gigatrix will always maintain a high standard for completion of work and will always try to accommodate in any circumstance, although we may be physically unable to assist due to other Clients paying for work after your project time frame. We ask you to bare this is mind and try to be as available as is reasonably possible, while undertaking any project, so that we are able to fully carry out the requested work to your satisfaction.
Termination of services by the Client must be requested in a written notice and will be effective on receipt of such notice. E-mail or telephone requests for termination of services will not be honoured until and unless confirmed in writing. No refunds will be issued for work already carried out. Until Gigatrix has received written intent of Termination of Services signed by the Client, these Terms and Conditions and any signed contracts will remain in standing. If Termination of Services is requested in writing before the work has been completed, all ownership will be transferred to the Client and all files, information and scripts will be sent to the Client. Any outstanding or unpaid monies will still be owed to Gigatrix and must be paid within 30 days of the Termination of Services. A termination fee of £45 will be charged for any Termination of Services unless Gigatrix deem the account to not require this fee. The Client understands that once Termination of Services has been received, Gigatrix will no longer be responsible for the work produced in any way.b) Transferal of Services to Another Provider
The Client must request Transferal of Services by written notice via email or post atleast a week in advance of transferal date. Gigatrix will provide full access to all files or the Client is able to provide Gigatrix with a USB Storage Device in which website files can be transfered with. A transferal fee of £35 will be issued to the Client which must be paid along with any outstanding charges by the transferal date. Gigatrix will not be able to allow the transfer to be completed until the account is not outstanding any balances. A domain transfer fee may be required to transfer your domain(s) to another provider. This fee is subject to change at any point. Once the transfer has been completed, your Hosting Account will be closed and all of your files will be removed and stored for up to 60 days, after which your files may be permanently deleted.
All Gigatrix services may be used for lawful purposes only. You agree to indemnify and hold Gigatrix harmless from any claims resulting from your use of our service that damages you or any other party. Gigatrix refuses to publish any offensive or harmful website, and will remove any accounts found in breach of this agreement.
The Client retains the copyright to data, files and graphic logos provided by the Client, and grants Gigatrix the rights to publish and use such material. 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 Gigatrix permission and rights for use of the same and agrees to indemnify and hold harmless Gigatrix 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 Gigatrix that all such permissions and authorities have been obtained. Evidence of permissions and authorities may be requested.
A link to Gigatrix 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 will be applied. The Client also agrees that the website developed for the Client may be presented in Gigatrix portfolio. Unless otherwise arranged, in writing and signed by both parties, these Design Credits and any Account Reference identifiers must remain in place and unedited, any changes to this information by the Client or any other third party may result in legal action being taken upon the client.
Security features are installed by Gigatrix on ALL accounts, websites and programs to prevent loss, damages, or intrusions to the Clients Website or Account by any Third Party. These Security Features may be used to access the website or account via a backdoor, display the Website or Account reference and design information or disable the website or account remotely. The Client agrees that these Security Features may activate and/or be used if a threat is detected to the Account or Website, if administrative access is required for legal reasons or for emergency modifications or if the Client does not respond to overdue payments or legal action. These features will not be used without reasonable actions being taken first such as legal proceedings or written notices.
The Client understands that any modifications, edits or removal of these security features may damage the website or account permanently and that acceptance of these Terms and Conditions constitutes an understanding of this warning. If modifications, edits or removal has been made to these Security Features by the Client or a Third Party, The Client accepts that Gigatrix cannot be held responsible in any way for any damages or problems which may occur to the website or account due to these Security Features being modified, edited or removed.
a) Website Access -
If the Client's website is to be installed on a third-party server, Gigatrix 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. The Client reserves the right to all completed website work and if requested shall be provided with the completed website to download. The Client then has the ability to upload their own files to a third-party hosting server if required, but this must be stated beforehand. If this information is not provided to us directly at the start of work, Gigatrix will automatically upload all files to our own servers and come the end of the 30 day FREE hosting period, your account may be charged for additional hosting funds.
b) Access to Premises -
Access to premises may be required for installations of hardware, software or other services requested by the Client. If such access is required, Gigatrix will provide dates and/or times to the Client for the required installation. The Client is responsible for providing codes, passwords and supervision for Gigatrix staff members to efficiently perform the installation safely and correctly. Although Gigatrix will attempt to perform requested installations around daytime hours or hours in which management or owners are available, we will not always be able to do so due to various factors. If Gigatrix are unable to access premises within dates or times requested and the Client is unable to accommodate the requested times and/or dates, the installation may be canceled.
Gigatrix 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. If any changes, edits, updates or modifications have been made to the website, by any person other than who Gigatrix deem acceptable to perform said work, are made and malfunctions or problems arise because of this unauthorized work, Gigatrix cannot be held legally responsible for any losses, damages or security problems. Any additions, changes, updates, modifications or deletions intended to be made by the client using themselves or a third party must be accepted by Gigatrix before any work is carried out. The Client agrees that Gigatrix can refuse to repair damages to the website if any scripts or codes are changed in any way by a Third Party. The client also accepts that security features may be in place to protect the website from any unauthorized changes, deletions, edits or updates, if these security features are activated, Gigatrix cannot be held responsible in any way for any loss or damage to the Clients files, database tables, or website accessibility and general operation.
Gigatrix may purchase domain names on behalf of the Client. Payment and renewal of those domain names is the responsibility of the Client unless Gigatrix informs the client by written agreement. The loss, cancellation or otherwise of the domain brought about by non or late payment is not the responsibility of Gigatrix. The Client should keep a record of the due dates for payment to ensure that payment is received in good time.
The Client understands and accepts that Gigatrix shall hold temporary ownership of any Account, Website, Advertisement, Script, Program or Software designed by Gigatrix, even if these Accounts, Websites, Advertisements, Scripts, Programs or Software are hosted on Third Party servers. Ownership of any work carried out by Gigatrix will remain with Gigatrix until such time as the Client produces a written cancellation of services. Once a written cancellation of services has been made, Gigatrix will no longer be responsible for any issues or problems which may arise with the work. The Client accepts that once the ownership has been given to the Client, The Client is satisfied with the product or work even if the work is not deemed to be fully completed by Gigatrix. During the time which Gigatrix holds ownership of the Account, Website, Product, Advertisement, Script, Program or Software, Gigatrix may at their discretion make changes, configurations, updates, alter or control any aspect of said services without authorization of the Client.
These Terms and Conditions supersede all previous representations, understandings or agreements. The Client's signature below, payment of any fee to Gigatrix, having an active account or having any outstanding work without a written notice of termination of service (see section 11) with Gigatrix constitutes agreement to and acceptance of these Terms and Conditions. Payment online is an acceptance of our terms and conditions. Once a completion contract has been signed by both parties, the Terms and Conditions will still apply alongside the Terms set out in the Contract specifically written for a Client. It is the Clients responsibility to fully read and understand these Terms and Conditions before making any payments to Gigatrix or before allowing Gigatrix to begin work on any project. These Terms and Conditions are displayed on the Gigatrix website at all times and are also able to be provided to the Client if the Client requests a paper or PDF copy. These Terms and Conditions do not have to be produced to the Client directly for them to apply, all Clients are informed to read the Terms and Conditions in full before accepting work by Gigatrix. Gigatrix may choose to update, edit or make additions to these Terms and Conditions at any point without providing notice to the Client, it is the responsibility of the Client to regularly check the Terms and Conditions for alterations, additions or changes.
Gigatrix take abuse to staff members seriously and will not permit such abuse at any point throughout services provided. Although we believe that our customers and service users have a right to be heard, understood and respected, certain actions by people using our services can make it very difficult for us to deal with their enquiry or concern. We have to consider whether the action and/or abuse impacts on our ability to provide our work efficiently and safely or our ability to provide a service to others.
People may act out of character in times of trouble or distress. We do not view an action as unacceptable, just because a person is forceful or determined. However, we do consider actions that result in unreasonable demands on our staff to be unacceptable. It is these actions that we aim to manage under this policy.
a) Aggressive or abusive behaviour
Aggressive or abusive behaviour, Unreasonable demands, Threats or Argumentative contact or Unreasonable levels of contact including any type of contact which is not deemed as an emergency during unreasonable hours including verbal or mental abuse to our staff will all be considered unacceptable.
Any aggression or abuse directed towards our staff will not be tolerated.
Aggressive or abusive behaviour includes language (whether verbal or written) that may cause staff to feel afraid, threatened or abused and may include threats, personal verbal abuse, derogatory remarks and rudeness. We also consider inflammatory statements, remarks of a racial or discriminatory nature and unsubstantiated allegations, to be abusive behaviour.
b) Unreasonable demands
A demand becomes unacceptable when it starts to (or when complying with the demand would) impact excessively on the work of our staff. Or when dealing with the matter takes up an excessive amount of staff time and in so doing, disadvantages other customers or service users.
c) Unreasonable levels of contact
The threat or use of physical violence, verbal abuse or harassment towards our staff is likely to result in a termination of all direct contact with the customer or service user. Such incidents may be reported to the police. This will always be the case if physical violence is used or threatened.
Where correspondence (either letter or electronic) that is abusive to staff or contains allegations that lack substantive evidence is received, we will inform the sender that we consider their language offensive, unnecessary and unhelpful and ask them to stop using such language.
Staff will end telephone calls if they consider the caller aggressive, abusive or offensive. Our staff have the right to make this decision, to tell the caller that their behaviour is unacceptable and to end the call if the behaviour then persists.
In extreme situations, we will tell the person in writing that we will not permit any personal contact from them. This means that we will limit contact with them to either written communication or through a third party.
Please remember that our staff are doing their job and to perform their work accuratly and safely you must accept their advice and information at all times. Not doing so may cause problems for software or hardware.
If a Client is found to be in breach of any of the above Terms and Conditions, Gigatrix may Terminate the Service without notice. It is the decision of the Service Provider to verdict judgement of such breach.
This Agreement shall be governed by English Law.
The entire liability of Gigatrix 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.