Terms and Conditions

These terms are subject to change without notice. Please refer to this page periodically.

1. Authorisation

i) Authorisation for Web Design.

The named client is engaging Ion3d, as an independent contractor for the specific web design project of developing and/or improving a web site, hereinafter referred to as "web design project" to be installed on the client's account on an Internet Service Provider (ISP) / Web Presence Provider (WPP) computer, hereinafter refer to as "Hosting Service". The client hereby authorizes Ion3d to access this account, and authorizes the Hosting Service to provide Ion3d with "full access" to the client's account, and any other programs needed for this web design project that are included as part of the client's service agreement/level. The client also authorizes Ion3d to submit the completed web design project to major Web Search Engines if this service is a part of the package.

ii) Authorisation for Other Services

Ion3d may provide from time to time other related services including but not limited to Hosting, Promotion, Maintenance, Advertising, Internet Marketing Advice. The client authorises Ion3d to provide any such services and the client agrees to pay any applicable fees on the agreed date and to set up any related standing order for any ongoing fees. The client agrees to provide Ion3d with any account details necessary to provide the service which will be held in accordance with our Privacy Policy.

iii) Cancellation of services.

Ion3d may cancel any package at any time at their discretion and after giving not less than 30 days notice. The client may cancel a package within the first 14 days for products and services not already activated. The client may cancel any package or service after any intial minimum period by giving not less than 30 days notice to Ion3d in writing.

2. Assignment of web design project.

i) Ion3d reserves the right to assign subcontractors to this web design project to ensure that the terms of this agreement are met as well as on-time completion.

3. Completion Date.

i) Ion3d and the client must work together to complete the web design project in a timely manner. If the client does not supply Ion3d with complete text and graphic content for this web design project within 30 days of the date this agreement was signed, an additional continuation fee of 15% of the total agreement price will be assessed for each month until the web design project is published or the client cancels the web design project in writing.

ii) If a client has not provided us with the required content 90 days after the date of the agreement, the project will be considered abandoned and all incomplete work will remain the property of Ion3d and any monies paid will become non-refundable. Client's wishing to restart an abandoned project will be required to pay a 25% restart fee based on the total original project estimate and the work will begin subject to the availability of Ion3d.

4. Electronic Commerce Laws.

i) The client agrees that the client is solely responsible for complying with such laws, taxes and tariffs, and will hold harmless, protect, and defend Ion3d and its subcontractors from any claim, suit, penalty, tax or tariff arising from the client's exercise of Internet electronic commerce.

5. Copyright and Trademarks.

i) The client unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to Ion3d for inclusion in the web design project are owned by the client, or that the client has permission from the rightful owner to use each of these elements, and will hold harmless, protect and defend Ion3d and its subcontractors from any claim or suit arising from the use of such elements furnished by the client.

6. Ownership of Proprietary Files.

i) After we have received final payment for a project, the client will own all of the end files used to create the site, excluding proprietary source files such as Flash ".fla" files, Photoshop ".psd" files, etc, which will remain the property of Ion3d.

7. Ownership of Database Builds and Engines.

i) Ion3d retains ownership of all database builds and engines created by Ion3d for use in the production of your product. Only database or engines provided by you, the client/customer, or by third parties, are exempt from Ion3d ownership. All bridges and code with the means to access alternate databases are the property of Ion3d. Database code may not be altered or modified by any party outside of Ion3d without a transfer of copyrighted materials agreement. See section 9 'Transfer of Copyrighted Material' for details.

8. Ownership of Web Design Project Copyright and Domain.

i) The client will be assigned copyright to the finished web site product once final payment under this agreement and any additional charges incurred have been paid. It does not include the intellectual property in the form of .psd, .swi or .fla or any other proprietary working files used in the creation of the site. See section 6. 'Ownership of Proprietary Files' for details. Ion3d and its subcontractors retain the right to display graphics and other web design elements as examples of their work in their respective portfolios. All web design projects will contain a link to the Ion3d web site on each page. Ion3d understands that all textual content within your site, and your company logo (if supplied by the customer) and the use of that logo are your property.

9. Transfer of Copyrighted Material

i) In the event that you, the client/customer, decide to collect or transfer proprietary files (.psd, .swi or .fla,) or alter any source code by a third party, a 'transfer of license and use' fee will become applicable if Ion3d decide to grant this request. Please contact us for up to date pricing information.You must allow 7 business days' time for Ion3d to assemble and catalog all files for transfer. Ion3d are under no obligation to grant such a request.

10. Payments.

i) Standard Payment terms.

A 50% deposit is required to begin work unless otherwise agreed in writing. This amount is non-refundable. All invoices are requred to be paid within 7 days. Any invoice outstanding after 7 days will be considered as unpaid, and this will constitute a breach of contract. Any money-back guarantee wll be forfeited in the event of non-payment, or any other breach of contract. Adding of Meta Tags (Description and Keywords) the submission of the web design project to Web Search engines and updating only occur after the full final payment is made and if included in package purchased. All payments will be made in UK currency unless otherwise agreed upon.

ii) Monthly payment terms

a) Website payments

Where a monthly payment plan has been agreed, the client agrees to make the first payment proir to the start of any work. Subsequent payments are due monthly and to start one month later or on a date agreed between the client and Ion3d. Payments are to be made via standing order unless otherwise agreed with Ion3d.

b) Package payments

All payments for Ion3d packages are due monthly and in advance and are to be paid by standing order. Unpaid packages may be cancelled - invoices are classed as unpaid if overdue by more than seven days. Ion3d reserve the right to cancel any package if payments are repeatedly paid late and/or not made by standing order.

c) Hosting payments

Hosting payments must be paid on time or services will be suspended. Ion3d will endeavour to provide the client with at least seven days notice of any annual payment due. Monthly payments are expected to be paid via standing order. Overdue monthly payments will result in temporary suspension of services until payment and confirmation of standing order are received by Ion3d. Monthly payments are considered overdue if not received on the agreed date. Service will be suspended on the following day after payment was due. Ion3d reserve the right to require annual payment for services if payments are late more than three times in a twelve month period or if a payment is late by more than seven days.

d) Domain name renewal payments

Ion3d offer a service to register and renew domains on a client behalf. Ion3d agree to provide at least seven days notice prior to domain name renewal. The client agrees to remit payment to Ion3d in full and in advance for all domain renewals. Late payment will result in suspension of the clients' domain name. This may result in other services becoming inaccessible eg hosting and email services. The client is still liable for these services during the time of a domain's suspension.

e) Service suspension due to non-payment

If a clients' services are suspended due to non-payment, Ion3d agree to restore a clients' services subject to full payment being received and any additional requirements being met. Ion3d will complete restoration of suspended services within 48 hours of receipt of payment.

Should a clients' services be suspended for more than 30 days, the service will be cancelled. Any hosting account willb e removed from the server. The service can be re-instated at this point subject to both full payment of the outstanding amount and also an admin fee for re-uploading a client's files to the server. Please contact Ion3d for current charges.

In the event that a hosting account is deleted, all emails received during the time of suspension may be lost. Ion3d cannot guarantee that these will be recovered. The client agrees that ion3d will not be held resonsible for any losses arising from any such loss.

11. Project Delivery.

i) The web site design project will be published to the client's hosting service upon receipt of the full payment. The client agrees to select a hosting service which allows Ion3d full access to the client's account via FTP. The client will be solely responsible for all hosting service charges. Should the client choose a hosting service that does not provide features such as form mail script, php, cgi, MySQL or other necessary features to ensure that the web site functions to desired specifications, Ion3d will not be held responsible for any hosting service and feature limitations, or extra fees which may be applicable in order to remedy the limitations.

12. Cancellation.

i) Ion3d reserve the right to cancel an order when payment of an invoice becomes 7 days overdue. In the event of a cancellation, any monies paid to Ion3d become non-refundable to cover our expenses. It is at our discretion whether we will allow a part of the website to be transferred to the client in the event that a substantial portion of the total amount has been paid. Any money-back guarantee will be revoked along with the order in the case of cancellation. You will not be able to claim under our money-back guarantee where offered in the case of cancellation due to non-payment, as you will be in breach of contract. (see - 10. Payments)

13. Acceptance of Terms.

i) By signing our standard order form all parties shall evidence acceptance of these terms of contract and conditions.

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DISCLAIMERS

(Subject to change without notice. Please refer to this page periodically.)

1. Ion3d's products and services are licensed as-is without warranties, expressed or implied of any kind, except as set forth herein. When a customer requests that their site contents be made public on the world wide web, they are simultaneously accepting the existing site as fully operational and functional. Upon accepting the site, the customer agrees to meet their obligations to pay any portion of unpaid licensing fees, domain registration fees, design / development fees, and any other fees outstanding.

2. If a customer requires a backup of the website content, the customer is required to contact Ion3d by phone or email to request that a data backup be performed. This backup is to be performed by Ion3d at the current billing rate for Design / Development work.

3. Ion3d is not liable for loss or corruption of data for any reason whatsoever. Data can be lost or corrupted for many reasons, some of which might be beyond Ion3d's control.

4. Internet Communications are not secure against interception or modification. Ion3d therefore cannot guarantee that any email messages have not been modified in transit and any such message on its own should not be viewed as contractually binding.

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LIMITATION OF LIABILITY

(Subject to change without notice. Please refer to this page periodically.)

1. You shall not hold Ion3d, or it's agents or employees liable for any incidental or consequential damages that arise from any aspect of the project, regardless of whether such failure was caused by intentional or negligent acts or omissions of Ion3d or a third party. Furthermore, Ion3d disclaims all implied warranties, including the warrantee of merchantability and fitness for a particular use.

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COPYRIGHTS

(Subject to change without notice. Please refer to this page periodically.)

1. Programming Design including all client-side and server-side scripts. ©2005-2020 Ion3d

2. All Files including: FLA files, SWF files, PHP files, ColdFusion files, Text files containing variable names or proprietary information, CSV files, DAT files, and ANY other Client side, Server side or related Workstation files. ©2005-2020 Ion3d

Contact Details

Ion3d can be contacted using the following details:

Telephone: 01253 283874
E-mail: info@ion3d.co.uk

18 Firshill Close
Thornton-Cleveleys
Lancashire FY5 5HA