Terms & Conditions

Payment Terms

Quotes and costs stated in PO are valid for 30 days from the date of issue. Our payment schedule is as follows:

WEB PROJECTS:

• 50% of the total project cost will be invoiced on commencement of the project
• 25% will be invoiced when the design template is coded and approved by client
• The final 25% will be invoiced when the project is handed over
• Payment terms are strictly 5 working days from invoice date

PRINT PROJECTS:

• 30% deposit of the total project cost will be required when order is being placed
• The remaining balance is required on acceptance and the approval of artwork or 24 hours prior to print.
• All artwork must be signed off by client’s representative either in writing or electronic media.
• As per payment terms, quotes are only valid for 30 days, if quote exceeds 30 days and project is not paid in full, order will be cancelled and any deposits or monies paid will be held back to cover design and administrative costs. In case of a reorder, costs may increase without any given notice.
• Design work is charged at US $ 60 per hour, minor design enhancements are charged at US $ 40 per hour, logo and corporate identity design is charged per project basis.

Updates Outside Original Scope

In the event of any variations or extensions to the project, or should a client wish to engage IDM on a time and materials basis, all work will be undertaken in accordance with our hourly rates, unless specified by IDM in writing or stated in invoice.

Service Terms

Intellectual Property – IDM reserve the right to re-use technical components developed during the project and will retain intellectual property rights on each development. The client will hold copyright on all work pending payment of final invoice.

Maintenance

Content IDM can provide a content maintenance service if required. This is billed at our standard hourly rate or an agreed monthly/annual content maintenance contract.

Software Maintenance- IDM guarantees that each project will be compatible with current versions of all major software platforms and browsers. Current release refers to software versions current at the time the website goes live, versions released after this date are not included.

Variations and Extensions

In the event of any variations or extensions to this contract, all work will be undertaken in accordance with our hourly rates. IDM can also be engaged on a time and materials basis.

Goodwill

This proposal assumes goodwill from both sides regarding: What can reasonably be achieved in a given time frame: Making best use of resources to achieve the most effective outcomes.

Approval/Sign-off

To authorise commencement of a project IDM must receive a signed copy of the approval document enclosed with each quote. This should be faxed or emailed to info@destinationitsolution.com

All quotes are valid for 30 days from date of issue.

Full Terms & Conditions

By placing an order with IDM, you confirm that you are in agreement with and bound by the terms and conditions set out below.

Definitions

IDM refers to IDM. The client refers to the company or individual engaging the services of IDM.

General

These conditions of IDM apply to the exclusion of any terms or conditions of the Customer. No variation of these conditions will be binding on SML or form part of any contract unless expressly accepted by IDM in writing. IDM will only commence a project where an agreement has been provided by email, telephone, mail or fax. An ‘order’ is deemed to be a written or verbal contract between IDM and the client. This includes written and verbal agreements via telephone and email.

Project stages

Stage 1: The client must thoroughly review the website design, providing feedback within three business days.

Stage 2: The client must review the website wireframe (empty website shell or working website without content), providing feedback within three business days.

Stage 3: The client must carefully review the completed website including all content, providing feedback on any changes within three business days.

Final review: The client will review any changes made in stage three and authorise IDM to launch the project. Any changes requested after the final review will be considered additional and charged at our standard hourly rate.

System specifications and alterations

Each project will have set parameters as described in the final proposal and/or technical specification. This document also includes an authorisation from which indicates agreement with the specification and authorises IDM to begin work. On commencement the development team will proceed in accordance with the exact specifications as set out in this document. If there are any amendments to these parameters after the project has commenced, IDM will consider this to be an additional component or customisation of the project and will charge for this work at our standard hourly rates.

Bugs or system errors

When a project has been delivered and approved, the client will have a three month grace period where IDM will address any reported system errors or bugs free of charge. After this grace period any required maintenance will be billed at our standard hourly rates.

Website design

While every endeavour will be made to ensure the website and any scripts or programs are free of errors, IDM does not accept responsibility for any losses incurred due to website malfunction. The project and any associated graphics and files remain the property of IDM until all accounts are paid in full.

Any scripts, cgi applications, php scripts, programming code or software written by IDM remain the property of IDM and may only be commercially reproduced or resold with the permission of IDM. IDM cannot take responsibility for any copyright or privacy infringements caused by materials submitted by the client and may refuse use of any such material unless proof of permission is provided. Any additions to the brief will be carried out at the discretion of IDM. Where no charge is made by IDM for these additions, IDM accepts no responsibility to ensure these additions are error free. IDM reserves the right to charge an appropriate sum for any correction to these or further additions. The client agrees to provide IDM all materials required to complete the site (files, content and images) in a timely fashion.

• IDM will not be liable for costs incurred, compensation or loss of earnings due to the failure by the client or IDM to meet agreed deadlines.
• IDM will not be liable or become involved in any disputes between the site owner and their clients and IDM cannot be held responsible for any wrongdoing on the part of a site owner.
• IDM 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.
• IDM will not be liable for any costs incurred, compensation for loss of earnings due to the unavailability of the site, servers, software or any material provided by its agents.

A deposit of 40% is required with each project before any work will commence. Once a project has been completed the final balance of payment is due in accordance with our payment schedule. If the client decides to terminate the contract after a project has commenced, the client will be liable to pay for all work done up to the point of termination.

Content and Data Entry

The supply of content and assets is the responsibility of the client, unless the client is employing IDM’s copywriting service. All content for all sections of the website must be supplied at an agreed time and preferably in one delivery. Content must be thoroughly reviewed before it is supplied to IDM. IDM is not responsible for any spelling and grammatical errors. Content must follow the directions of the sitemap. If the sitemap indicates five pages, content must be supplied for five pages.

Copyright

The Customer shall not submit for use by IDM anything whose use would constitute an unauthorised dealing with copyright material. In the event of any breach of this condition resulting in such an unauthorised dealing, the Customer shall remain liable to pay all sums due to IDM under the relevant contract and shall further indemnify IDM against any loss, costs or expenses attributable to such unauthorised dealing. All copyright and other intellectual property rights in any work created, commissioned or otherwise acquired by IDM in implementation of any contract between IDM and the Customer shall remain with IDM until full payment has been received. For the purposes of these conditions, WORK means and includes any artistic, literary or dramatic work within the meaning of the (amended) Copyright.

Project Delays

Where a project has final approval IDM will indicate timeframes for both parties. If a client delays the project for more than two months, (by missing deadlines for the supply of information, content or images) IDM reserves the right to charge a project-delay fee to recover costs associated with ongoing management of the project.

Database, Application & e-Commerce Development

IDM cannot take responsibility for any losses incurred by the use of any software created for the client. The client is expected to fully test any application or program relating to a site developed by IDM before being made available for general use. Whilst every care has been taken to ensure products are bug free and accurate, the ultimate responsibility lies with the client in ensuring that all software is functioning correctly before use. Any scripts, cgi applications, php scripts or software written by IDM remain the property of IDM and may only be commercially reproduced or resold with the permission of IDM.

Where applications or sites are developed on servers not recommended by IDM, the client is expected to provide information, software and support relating to the server to assist with the correct development of the application. Any assistance or work required from IDM for external hosting will incur additional charges.

Where a large application is to be developed, the client is responsible for providing a testing environment as similar as possible to the final production environment.

When a project has been delivered and approved, the client will have a three month grace period where IDM will address any reported system errors or bugs free of charge. After this grace period any required maintenance will be billed at our standard hourly rates.

Compatibility

IDM will ensure that any site or application will function correctly:

• On the server to which it is initially installed
• When viewed with current Microsoft Internet Explorer version 6 to current full release
• When viewed with Mozilla version 2 to current full release

IDM can offer no guarantee of correct function with all browser software including future releases.

Website Hosting

IDM cannot guarantee the availability or continuity of this service and cannot accept liability for loss of revenue caused by the unavailability, malfunction or interruption of this service. IDM reserves the right to refuse handling of material which may be deemed offensive, illegal or controversial. In this instance, hosting services may be terminated.

Hosting Terms

Hosting is available through IDM hosting. Any client requesting hosting on another server will be charged a fee for the time taken to transition the website to the preferred hosting provider.

Complaints Procedure

Any client experiencing problems with a web service provided by IDM should contact their assigned Project Manager or email info@destinationitsolution.com. Clients should supply the URL of the problem and clearly outline the issue in question. IDM will contact the individual responsible for the material in question with a view to resolving the matter satisfactorily.

Formal complaints procedure

The formal complaints procedure is in place should a client feel 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 Destination IT Solution who will acknowledge receipt and ensure that the matter is examined within two business days. An initial response will be issued within seven days of receiving the formal complaint and a full and considered response will be issued within 30 days. Any required action will be implemented with minimal delay.

Title

Ownership of any work delivered to the Customer under any contract between IDM and the Customer, or of any other goods delivered under any such contract, shall not pass to the Customer until payment in full of all sums due to IDM under such contract has been made to IDM. The risk of damage to or destruction of any item delivered by IDM to the Customer shall pass to the Customer upon delivery, notwithstanding that ownership of the item has not then passed, and the Customer shall ensure that such item is adequately insured from time of delivery.

Payment of Accounts & Non-Payment

A deposit by the client is required before IDM can commence any web or print project. On completion of a web project the client is obliged to pay the balance in full prior to placing files onto domain or release files, for print projects, payment needs to be made in full 24 hours prior to print. IDM will contact clients to remind them of payments due if they are not received. If accounts are not settled and IDM have not been contacted regarding the delay, website access may be denied and web sites or projects removed, non payment for print projects will result to no print and any monies paid will be kept back to cover design and administrative costs.

Failure by the Customer to meet financial obligations may result in legal proceedings by IDM under which circumstances ALL legal costs and other administrative expenses will be recoverable in full by IDM

Search Engines

A specific position in the search engine results is not guaranteed. We will make every attempt to obtain a Top Ranking for your keyword phrase’s), but are not liable for circumstances beyond our control. Such as change in policies of the search engines involved, spontaneous drops our other anomalies out of our control.

• We will not index sites that promote hate or discrimination based on race, religion, sex, age, sexual orientation or any other type of grouping. We reserve the right to refuse to promote any site we deem as unacceptable for any reason, without explanation.
• No retroactive refunds will be made; this service is a monthly, Quarterly our Yearly service. For purposes of this agreement, IDM shall have no responsibility under this agreement during periods when the search engine is not available either for searching or submissions. IDM will not be responsible for any further damages of any kind.
• The code that we actually use to index your page with the search engines is proprietary even though it is based on your original pages. The information (all codes, HTML, Java all work that has been manually done) may not be sold, used, or transferred another website without our written permission.
• We will not ‘spamdex’ your pages into unrelated keyword categories. That means that if your page is the “cheap car insurance” page, we will not index it into the “ford trucks” keyword search page. This kind of indexing is harmful to useful operation of all search engines.