Terms of Service

Non-Disclosure Agreement

Please note that any interaction between the Client and inspiredMark is in strictest of confidence. All communications and/or materials provided to inspiredMark are confidential at all times. This includes ideas, concepts and strategies. By the Client agreeing to these terms and making the initial deposit, inspiredMark is in full agreement to confidentiality at all times.

Definition of terminology as used within this document:

1. A 'Project' is any work undertaken or service provided by inspiredMark for the Client on their request and as described in the confirmation order email to that Client.

2. A 'Client' is a person, persons, business or organisation using any of the services provided by inspiredMark.

3. 'Live Mode' means the date the website is available on the Client's chosen domain.

4. 'Domain' is the website address as specified by the Client.

5. 'Open Source Software' is software made freely available to developers under the GNU General Public License (GPL).

6. 'Hosting' is a yearly cost to keep a clients website activated online.

7. 'Content' is both text and images that the Client requires on the website.

8. 'mb' stands for megabytes and is a measure of storage space.

9. CMS stands for Content Management System and is how Clients can edit their site content.

inspiredMark Terms & Conditions

1. The contract between inspiredMark and the Client will be on these conditions, to the exclusion of all other terms and conditions. Any variations to these conditions shall have no effect unless agreed in writing.

2. The works to be carried out shall be as set out in the inspiredMark confirmation order email.

3. Email will be the method of contact with regard to all communication. In particular any amendments to either design or development are to be presented in writing via email. Although inspiredMark can be contacted by telephone, email is the preferred method of communication and therefore it is the Client's responsibility to inform inspiredMark of any change in email address so inspiredMark always have up to date email contact details. inspiredMark can not be held liable in any way relating to communication issues if inspiredMark are not supplied a valid email address. inspiredMark will endeavour to acknowledge all emails within 24 hours.

4. inspiredMark will only commence work on a Project after receipt of a non refundable initial deposit of the quoted Project fee from the Client. inspiredMark will also require 50% of the outstanding payment on approval of the overall design concept. inspiredMark will then commence the development. The final payment is to be made on completion of the website our end. The website will be switched to Live Mode once the Clients remaining balance is paid in full. Only once funds have been received in account will login details and admin area access be granted. Clients will be able to visit the final website via a private link. Once the final payment has been received in account, server space and domain name will be purchased, if required. The website will be installed along with email. Usernames and passwords will be forwarded to the main contact via email.

So that is 3 instalments; deposit for the design, deposit for the development once you are 100% happy with the design and then the final payment on delivery of the finished project.

5. The deposit paid to inspiredMark goes towards the initial cost of brainstorming/wireframes as well as any admin work and communication with inspiredMark. The initial deposit does in no way cover the cost of any designs created. The deposit is non-refundable. Should the Client pull out the agreement then inspiredMark will bill the Client for the full stage of work completed.

6. Level 1 Flash animation refers to 1 hour of Flash development time on the clients website by inspiredMark.

7. inspiredMark shall expect the Client to carry out sufficient research before proceeding with a website. This will include checking that the website/idea/business will operate legally. It is important that the website is not in any way illegal.

8. It is important for the Client to keep in contact with inspiredMark throughout the entire Project. If a Client does not make contact for 1 week, inspiredMark will make up to 3 attempts in total to contact the client by email using the email address specified when the client went ahead. If inspiredMark do not receive a response to these attempts of contact the Project may be terminated, and the deposit will not be refunded.

9. Where images used on the website have been purchased by inspiredMark on behalf of the Client, these images are strictly for use on the website only. inspiredMark are not liable for misuse of these images by the Client or any other person's copying, altering or distributing the images to individuals or other organisations.

10. inspiredMark will host the website if the Client requires us to do so and on receipt of full payment of our Hosting fees. In doing so, inspiredMark will endeavor to provide a reliable and professional service to the Client at all times but do not guarantee that the website Hosting will be available at all times, especially in the event of a technical failure beyond our control. Should the Client abuse the hosting in any shape or form, or be abusive towards any representative of inspiredMark then inspiredMark retains the right to cancel all or any hosting with immediate effect without reprisal.

11. All hosting offered by inspiredMark is limited to 200mb of website space unless otherwise stated in a seperate contract. If your site requires more than 200mb of space inspiredMark will advise of other hosting solutions and then cease hosting the site.

12. inspiredMark cannot be held responsible for anything adversely affecting the Client's business operation, sales, or profitability that might be claimed is a result of a service offered by inspiredMark.

13. Where asked to provide search engine optimisation for a Client, inspiredMark do not guarantee any specific placement or high ranking on search engines.

14. inspiredMark will provide the Client with an expected completion date for the Project (live on the internet) if requested. inspiredMark will endeavour to meet any given deadline, but do not guarantee and are not bound in any way to complete the Project by this date. The expected completion date provided by any employee of inspiredMark is purely an estimate.

15. It is the Client's responsibility to check with inspiredMark whether Open Source Software is being used or not.

16. The Client shall not be charged for Open Source Software. If there is a charge for a website using Open Source Software, the Client is paying for the installation time. Open Source Software is not owned by inspiredMark or the Client.

17. inspiredMark own all design and code of the website until final payment has been received in full. Once final payment is received, the Client will then own the design and code of the website, unless Open Source Software is used. Images will have been purchased by inspiredMark for the Client, unless the images have been supplied by the Client. Item 17 is subject to item 16.

18. All images displayed on the Client's website will only be used after authorisation by the Client, and are the sole responsibility of the Client regarding usage and copyright. Should any legal issues or claims arise from the content or copyright of any images supplied by the Client or inspiredMark, they will be the sole responsibility of the Client.

19. Domain names will be registered by inspiredMark and also registered to the inspiredMark current address. Although the domain names are registered to inspiredMark , the Client is the legal owner of the domain and if they request to have details changed or the domain transferred elsewhere, inspiredMark will do this within a reasonable timeframe.

20. A domain name will be registered by inspiredMark on behalf of the client once inspiredMark have received the initial deposit.

21. It is the responsibility of the Client to renew their domain names when due. If a domain name expires, inspiredMark can not be held liable for this. However, inspiredMark will make reasonable effort to contact the Client regarding domain renewal.

22. When a inspiredMark Client renews Hosting with inspiredMark , this also includes domain renewal if the renewal is needed to keep the site functioning and was purchased as part of the Hosting package. If the Client does not renew the Hosting, their domain name could be made available to the public for purchase and inspiredMark can not be held liable for this.

23. Renewal of Hosting is due on a yearly basis. The date of renewal will be annually from the date the website was ordered by the Client. The Hosting will not be renewed if inspiredMark cannot contact the Client or the Client requests for inspiredMark to not host this site. This will also affect the domain as per item 22.

24. The Hosting renewal charge must be received within 10 days of the Hosting expiry date. inspiredMark reserve the right to deactivate any website where the Hosting has expired and the Client has not paid the renewal charge. There will be an admin fee set by inspiredMark for reactivating the website/Hosting.

25. If the Client does not use inspiredMark Hosting services, then the management and Hosting of the Domain name are the full responsibility of the Client.

26. inspiredMark will provide 1 year's free hosting for all Content Management System site providing the client pays their deposit payment within 48 hours. If the deposit payment is not received within 48 hours then inspiredMark reserve the right to charge for 1 year's hosting of the clients website.

27. Should a Client wish to move Hosting away from inspiredMark or transfer a Domain name away from inspiredMark, a £50 admin charge will be issued, which must be paid before the transfer takes place.

28. inspiredMark has no control of, or responsibility for, the content of Clients' websites. In no way does the textual or image based Content of our Client's web sites constitute inspiredMark endorsement, or approval of the website or the material contained within the website. inspiredMark has not verified any of the materials, images or information contained within our Client's web sites and is not responsible for the content or performance of these sites or for the Client's transactions with them. inspiredMark provides links or references to our Client's websites solely for the convenience of prospective customers and intends that the links it provides be current and accurate, but does not guarantee or warrant that such links will point to the intended Client site at all times.

29. inspiredMark are not liable for loss, damage or corruption to files or information stored on its servers or individual PCs relating to a Client's website. The Client is solely responsible for any information or files relating to its website.

30. If a Domain name is purchased by the Client through a company other than inspiredMark, the Client has full responsibility in making sure that the domain name is renewed when due. inspiredMark will not renew the Domain name when annual Hosting renewal is due if the Domain name is purchased through a company other than inspiredMark.

31. inspiredMark will take payments online using Google Checkout by credit or debit card.

32. All tutorial videos are recorded using QuickTime. The QuickTime plug-in is available direct from Apples web site (here). QuickTime is compatible with all browsers.

33. inspiredMark will provide help guides to set-up your email program on your desktop for either Outlook or Outlook Express. inspiredMark are not responsible for this set-up procedure and do not provide IT support for operating systems or any desktop software installed. Email set-up is strictly the Clients responsibility as is the setup of any 3rd party web applications.

34. If free hosting is offered then it is within inspiredMark's right to remove this free service at any time giving 20 days notice by email. If the free hosting offer is terminated then inspiredMark will facilitate the moving of host provider by compressing all files and databases into one package. This package can then be handed to another hosting provider. inspiredMark will not charge the administration fee for this as set out in point 27.

35. The set page CMS packages are built on our servers and cost is covered under the yearly hosting charge. Should the Client seek hosting elsewhere then the CMS functionality will cease. The CMS functionality can continue on a 3rd party server however and carries an admin charge of a £50 setup fee. FTP details from the new host provider will be required and to remain in place for the duration of the CMS.

36. If the client doesn’t take advantage of all pages advertised in any given package, that does not give the client rights to their inclusion at a later date.

37. Typically the design of a website is for one template that is to be carried throughout the website. This becomes the framework of the website to which text and images can be added to the content areas.

38. All website have included a standard contact form. This form harvests the following: Name, Email, Phone and Message. If any further data is required for collection then please ask for a quote.

39. Any artwork provided to give a visual of the end design is the property of inspiredMark and carries with it a full Creative Commons Copyright License. Typically links to any artwork are set to expire. Clients are free to download the artwork for their own reference also to copy, distribute, display, and perform the work. The Client may not alter, transform, or build upon this work without prior consent. Once the project is completed and all monies paid in full then the Client has full copyright of the final design. The final design may be forwarded on request in the format of a PDF, Photoshop document or as inspiredMark sees fit. Whilst the final design will be the property of the Client upon final payment, any artwork or visuals used to get to the final design remain the property of inspiredMark.

40. inspiredMark expects clients to have the entire pre-agreed payment forecast ready in their bank account BEFORE instructing to commence any given project. A full payment summary will be provided to clients before the commencement of any given project along with a time scale. inspiredMark adheres to their side of any agreement and expects the same in return. If the intermediate and/or final payments are not forthcoming within 5 working days of request without good reason in advance, inspiredMark reserves the right to suspend all services and/or cancel the project and retain any monies paid. inspiredMark will determine as to what substitutes as good reason.

41. inspiredMark is not a server hosting company. inspiredMark uses large professional hosting companies to host all websites. Whilst inspiredMark has full control over all websites and its content, inspiredMark doesn’t not have control over the servers themselves. inspiredMark is not directly responsible for any down time or loss of data. inspiredMark will be in immediate contact with any given hosting company should any problems occur and keep the Client informed.

42. Whilst inspiredMark will do everything in its power to protect the security of clients’ websites, it is the clients responsibility to check that their website is online and running as intended. Any hacks or exploits via a malicious 3rd party or interception of passwords supplied to the client, will not be the fault of inspiredMark. An admin fee may be applied to fix any problems as a result.

43. Under no circumstances will inspiredMark tolerate the activity of clients sending spam email using inspiredMark servers. Email accounts are given to clients to use for the purpose of normal business usage. If inspiredMark receives reports of such activity, inspiredMark may delete the client website(s) and email addresses without notice. In some cases the hosting company will delete an account without giving inspiredMark notice. This is entirely out of our hands. inspiredMark will not be liable for any financial loss as a result of termination/suspension. No hosting payment refunds will be issued for termination of services.

44. inspiredMark offers continued support whilst the client website remains on the servers that inspiredMark uses. If the client sources their own hosting then inspiredMark will not be held accountable for any updates, security or any issue that may arise.

45. Internet Explorer 6 has now been superseded by Internet Explorer 7 and Internet Explorer 8. Internet Explorer is extremely out-of-date and doesn’t respond to modern coding practices. If the client wishes for Internet Explorer 6 to be taken into account then this should be made clear prior to commencement of the project.

46. inspiredMark makes no claims that the contents of this website may be lawfully viewed or downloaded outside England and Wales. Access to this website may not be legal by certain persons or in certain countries. If this website is accessed from outside of the United Kingdom, it is done at own risk and the visitor is responsible for compliance with the relevant laws of the visitor's jurisdiction. The terms and conditions of this website are governed by the laws of England and Wales. Jurisdiction for any claims arising in respect of this website's Content shall lie exclusively with the courts of England. If any provision of these terms and conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these terms and conditions, which shall remain in full force and effect.

47. inspiredMark reserves the right to make changes to these Terms and Conditions at any time by posting revisions at www.inspiredMark.com

Non Disclosure