Our Terms and Conditions of business and trading are subject to change without prior notice.
1. Payment and Provision of Work
- 1.1.1. “The work” refers to any projects, programming, code, designs, websites, and work performed or created by The Image Yard.
- 1.1.2. All work(s) and licenses to use the work(s) will be performed for the original client only (“the client”).
- 1.1.3. All work(s) and licences to use the work(s) are non-transferrable to a third or any party except with written agreement and permission from The Image Yard.
- 1.1.4. No work shall be carried out on behalf of the client until an initial minimum fifty percent deposit payment has been received and cleared into The Image Yard banking facilities.
- 1.2. Upon receipt of full deposit, basic design concepts will be discussed by email, telephone or personal meeting, and confirmed by email for the client’s approval.
- 1.3. Upon completion of this stage, The Image Yard will request an acceptance confirmation for the basic design concept either via email or by signing off on a print-out of the design. The project completion work will commence upon receipt of this document.
- 1.4. The Image Yard will not use the client design for any other client without the client’s previous knowledge or permission for a period of 5 years, unless the parts of the design work are provided by the client, in which The Image Yard will not use these parts at all.
- 1.5. The client must notify The Image Yard of any material supplied that is to be returned to the client.
- 1.6. The Image Yard will provide a five working day period for testing between releases of draft versions. Where no comment or feedback is received from the client within this time, The Image Yard will assume that the client has agreed to the design provided. No requests for change will be entertained after this time, until the next release.
- 1.7. Communication between Client and Company is crucial during this phase to ensure that the ultimate publication will match the Client’s needs.
- 1.8. The Image Yard reserves the right to assign certain subcontractors to any project to ensure the right fit for the job as well as on-time completion.
- 1.9. The Image Yard will assume a project to be completed after the initial project requirements have been technically and adequately met. Upon completion of the site (or design), an email or letter will be sent to the client, advising the client that work has been completed.
- 1.10. Final payment of the remaining balance will be due within 7 days of the operational website going live unless a pre arranged alternative is confirmed by email.
- 1.11. Payments from clients can be made via Cash, Paypal, Standing Order, BACS, CHAPS or Direct Debit. We do not accept cheques, except corporate cheques over the value of £20,000.
- 1.11.1. The trading currency of The Image Yard is and will be GBP Pound Sterling until further notice. Other currencies may be used only upon prior written and negotiated agreement.
- 1.12. The Image Yard reserves the right to charge late payment fees and interest in the case of overdue client payments under the ‘Late Payment of Commercial Debts (interest) Act 1998.
- 1.13. In the cases of late or non payment, The Image Yard reserves the right to suspend client account services supplied including, but not limited to website hosting and email facilities. A final reminder for payment due will be sent by email notifying the client this action will take place within 24 hours.
- 1.14. Overdue payments shall be automatically passed to a The Image Yard appointed debt-collection agency, after thirty days of non-payment and service suspension. The client shall assume responsibility for any additional costs accrued to The Image Yard by taking this action.
- 2.1. The client may request a cancellation of a project within 24 hours of deposit payment. All monies paid to that date would be refunded in full to the client. After this period, The Image Yard will retain any payments made.
- 2.2. The Image Yard reserves the right to terminate any design, and retain any payments made, in instances where the client fails to respond to a The Image Yard enquiry within thirty days, without advance notice of absence.
- 3.1. The Image Yard reserves the right to adjust any previously projected invoice amount in the event of the client or authorised body amending the project requirements throughout the design or development process. The client shall be notified where changes requested will affect the final projected invoice balance.
4. Web Hosting
- 4.1. In the case of the Client arranging website hosting, The client is fully responsible for ensuring that the hosting server is capable of receiving the files and that an adequate package has been provided.
- 4.2. If the client requires FTP access to the web server, The Image Yard waives all rights to responsibility for fixing any problems or correcting any changes made by the client or any party who accesses the website via FTP; any work required by The Image Yard to fix these problems will be charged at our normal hourly rate of £50.00 per hour.
4a. Web Maintenance
- 4a.1. All websites created or built by The Image Yard require a monthly maintenance fee of a period no less than 12 months. The maintenance fees start from £50 depending on the expected maintenance of the website or the size of the website.
- 4a.2. If the website structure created or built by The Image Yard uses WordPress, The Image Yard reserve the right to create one Administrator account controlled by The Image Yard.
- 4a.3. If the website structure created or built by The Image Yard uses WordPress, The Image Yard will create as many Editor, Author or Contributor accounts as are requested by the client.
- 4a.4. If the clients access
5. Domain Names
- 5.1. In the case of the Client having already purchased or already owning their domain name, The Image Yard shall be permitted to transfer it to any hosting platform of our choice and become the billing, technical and admin contact, to allow full, fast and unhindered control over the domain in case of future technical problems.
- 5.2.. Any fees incurred in hosting the client’s domain names will payable by the client without prior notice.
- 5.3. The client retains ownership of all domain names originally owned by the client.
- 5.3.1. The client’s domain names will not be transferred or released to the client or another hosting platform if any renewal fees, or any outstanding balance of any kind are awaiting cleared payment.
- 5.3.2. The Image Yard reserves the right to let any and all domain names expire should the client fail to pay outstanding balances, fees or otherwise fail to communicate with The Image Yard or its appointed representatives.
- 5.3.3. The Image Yard will not seek to profit from the expiration of domain names.
- 5.3.4. If in the event that a client’s domain name(s) has expired due to non-payment of their balance or associated fees, the client may purchase the domain names back where possible from the open domain marketplace, normally at a much increased price.
- 5.3.5.If in the event that a client’s domain name(s) has expired due to non-payment of their balance or associated fees, The Image Yard will no longer be responsible for repurchase, control, management, hosting, payment, negotiation or any kind relating to the expired or lost domain name(s).
6. Administration, Consultancy and Costs
- 6.1. The Image Yard reserves the right to charge additional costs (based on £150.00 per hour) for liaising with external companies on the client’s behalf.
- 6.2. The client shall be charged at £150.00 per hour for any on-site consultancy/meeting time that is requested by the client.
- 6.3. The client shall reimburse The Image Yard fully for all costs incurred in the course of providing their services, including, but not limited to: office consumables, telephone calls, travel expenses, meals and accommodation.
7. Copyright and Ownership
- 7.1. In accordance with UK Copyright Law, The Image Yard retains full ownership, copyright and full intellectual copyright of any work(s) created including but not limited to: code, data, images, designs, web pages, passwords, etc, ad infinitum in any territory in this universe and any known or unknown universe.
- 7.1.1. Upon request by a recognised third party representing the client or the client’s interests, copyright of the work(s) and licences to use the work(s) may be assigned or transferred to the client or an approved and recognised third party for a negotiated fee.
- 7.2. The Image Yard reserves the right to include images and screenshots of the works or the client’s logo and name in any form including but not limited to: online publications, websites, social media platforms, advertising mediums, leaflets, brochures, posters, newspaper, magazines, television programme, catchup service, download, app or computer program ad infinitum in any territory in this universe and any known or unknown universe.
- 7.3. The Image Yard retains ownership of all working files produced during the design process ad infinitum. Upon request, the ownership or assignment of copyright of these files may be purchased by the client or an approved and recognised third party for a negotiated fee – these files may include but are not limited to: source files, program files, software, code (handwritten or generated), passwords, media (including images, videos, animations), research, etc.
8. Back-up / Archives
- 8.1. The Image Yard will keep backup copies of designs or website data for the purposes of restoration of service in the case of an emergency.
- 8.2. As of 01/04/2014 The Image Yard no longer provides copies of data or works to or for the clients except where an assignment of copyright has been agreed.
- 8.3. Physical or electronic copies of designs, works, passwords and data created by The Image Yard will not be provided to the client except where an assignment of copyright is agreed.
9. Website Credits
- 9.1. Unless otherwise explicitly specified in the project requirements, The Image Yard reserves the right to place a small and unobtrusive “Credits” button or link on the client’s home page or within the main menu with a link to a special Credits page within the client’s website. In turn, this will feature a link to the The Image Yard website, which will open in a new browser window. The client will in no way be charged for these additions. This should be considered in the same way as a book publisher’s logo and may not be removed or altered by the client.
- 9.2. The client may remove the “Web Design by The Image Yard” logo, text or link by providing an additional one-off payment of £500.00 to The Image Yard.
- 10.1. The client must provide contact details for at least one person within their company who is capable of dealing with any issues relating to the design project.
- 10.2. The client is responsible for providing any company logos, literature, images video or audio that are to be used within the design.
- 11.1. The Image Yard will not disclose any information provided by a client to any external source, without notice to the client. Likewise, the Client will not disclose any information provided by The Image Yard to any external source, without notice to The Image Yard.
- 12.1. The Image Yard will provide, free of charge, any fixes to problems experienced by the core design of the website, where the problem is reported within thirty days of completion and where no custom modifications have been made to the files originally provided to the client. If the error is caused by any client modifications, The Image Yard’s relevant charges per hour will be levied to the client in respect of correcting the error(s).
- 12.2. Where the client provides any content to The Image Yard to place upon the client website, the client is fully responsible for ensuring that the content is free from any copyright issues. The Image Yard assumes no responsibility for content that is placed upon a website at the client’s request.
- 12.3. The Image Yard will be under no liability if it should be unable to carry out its obligations under a contract for supply of services as a result of any cause beyond its control such as but not limited to: Act of God, War, Strikes, Riot, Lock-out, Flood, Supply of services from 3rd party, Theft of Computer systems.
- 12.4. The Image Yard shall under no circumstances whatsoever be liable for any indirect or consequential loss by the Client howsoever caused.
- 12.5. The Image Yard’s liability in respect of breach of non-performance shall be limited to the contractual value of the service to which the claim relates.
13. Laws affecting Electronic Commerce
- 13.1. The Client agrees that they are responsible for complying with such laws, taxes and tariffs and will hold harmless, protect and defend The Image Yard and its sub-contractors from any claim, suit, penalty, tax or tariff arising from the client’s use of Internet Electronic Commerce. Client also understands that The Image Yard cannot provide any legal advice.
14. Maintenance Agreements
- 14.1. Maintenance agreements are negotiated on a client-by-client basis and each client will have differing needs. If you have chosen a maintenance agreement, the terms of which will be listed in our agreement.
- 14.2. The Image Yard offers two kinds of maintenance agreements. In one, the Client pays a one-off, fixed, pre-paid annual amount (Retainer) for changes such as changing prices to an item, adding additional inventory or making moderate graphic changes. In the other agreement, the Client pays on an ‘as needed’ hourly basis, in hour increments with a smaller, fixed, pre-paid ‘Retainer’ fee.
- 14.3. If a maintenance agreement has been selected with The Image Yard and the Client or an agent of the client other than The Image Yard attempts to update the site on their own and damages the design or impairs the ability for the WebPages to display or function properly, time to repair web pages will be assessed at the appropriate hourly rate. There is a 1-hour minimum. In this regard, Clients are encouraged to obtain a maintenance agreement with The Image Yard.
15. Closure / Negotiation
- 14.1. Should the client cease trading through choice, sale, bankruptcy, liquidation, administration, merger, buy-out, change of ownership or management in any way deemed by The Image Yard to change or void the substance of any verbal or written agreements with the original client (“cease trading”), The Image Yard reserves the right to withhold any or all services it sees fit to protect the reputation, security, copyright, intellectual copyright and ownership of any works.
- 14.1.1. Should the client cease trading all licences implied or otherwise will revert to The Image Yard and will not be transferrable to a third or any party under any circumstances without negotiation of a new agreement, licence or assignment of copyright.
- 14.2. Should the client cease trading The Image Yard reserves the right to negotiate assignment of copyright, transfer of ownership, payments, employment and working arrangements without prior notice and without mediation.
- 14.3. Should the client cease trading The Image Yard reserves the right to cease all work and requests from any new party without notice.
- 14.3.1. Should the client cease trading The Image Yard reserves the right to negotiate a new agreement with any new or third party without notice.
Our Terms and Conditions of business and trading are subject to change without prior notice.