Terms And Conditions
By placing an order with iM Web Designs, you confirm that you are in agreement with and bound by the terms and conditions below.
Last updated: 12/12/2022
Please read these terms and conditions carefully before using our Service. This Agreement shall be governed by English Law.
Interpretation and Definitions
The words in which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in the plural.
For the purposes of these Terms and Conditions:
- Affiliate means an entity that controls, is controlled by or is under common control with a party, where “control” means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
- Country refers to: United Kingdom
- Company (referred to as either “the Company”, “We”, “Us” or “Our” in this Agreement) refers to iM Web Designs Limited, Company number: 14528810
- Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.
- Service refers to the Website.
- Terms and Conditions (also referred as “Terms”) mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service.
- Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.
- Website refers to iM Web Designs, accessible from https://imwebdesigns.com/
- You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.
By accessing or using the Service you agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.
You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service.
By placing an order with iM Web Designs, you confirm that you are in agreement with and bound by the terms and conditions below.
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, 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 iM Web Designs are pre-defined and agreed in writing with the Client via e- mail. Payment for services are due by BACS, Direct Debit, Standing Order or Cheque. Cheques should be made payable to iM Web Designs Limited and sent to 17 Middleham Moor, Leeds, LS10 4TS. Bank details will be made available on invoices.
A non-refundable deposit (50%) is required to guarantee the price quoted and for work to commence. The remaining balance will be required in full once the website is complete and ready to go Live.
3. Project Termination
A project can be terminated at any time during the offline design phase, i.e. prior to any online development. Once development work has commenced online, i.e.development of the website framework and structure, the customer is liable to pay the minimum term cost agreed. iM Web Designs reserves the right to terminate any project at any time.
4. Client Review and Feedback
iM Web Designs will provide the Client with an opportunity to review the appearance and content of the website during throughout the Design Stage 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 iM Web Designs otherwise within ten (10) days of the date the materials are made available to the Client. We will be in constant contact throughout the project with regards to viewing latest builds.
5. Turnaround Time and Content Control
iM Web Designs will create and launch the Client’s website within the estimated timescale outlined in the project proposal.
In return, the Client agrees to delegate a single individual as a primary contact to aid iM Web Designs with progressing the commission in a satisfactory and expedient manner.
During the project, iM Web Designs will require the Client to provide all website content; text, images, movies and sound files.
Invoices will be provided by iM Web Designs at the beginning (initial 50% deposit) and upon completion of the live website. Invoices are normally sent via email; however, the Client may choose to receive hard copy invoices.
Invoices are due upon receipt. Accounts that remain unpaid thirty (30) days after the date of the invoice will be assessed a service charge in the amount of the higher of one and one-half percent (1.5%) or £30 per month of the total amount due. Invoices for hosting are to be paid within 14 days otherwise the website will be suspended. Payments later than 28 days will be subject to a £80 reconnection charge.
7. Additional Expenses
Client agrees to reimburse iM Web Designs for any additional expenses (that are not outlined in the quote provided) for the completion of the work.
The Client retains the copyright to data, files and graphic logos provided by the Client, and grants iM Web Designs 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 iM Web Designs permission and rights for use of the same and agrees to indemnify and hold harmless iM Web Design 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 iM Web Designs that all such permissions and authorities have been obtained. Evidence of permissions and authorities may be requested. iM Web Designs is not accountable or responsible for the use of unlicensed copyrighted images.
9. Design Credit
A link to iM Web Designs 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. The Client also agrees that the website developed for the Client may be presented in iM Web Designs’s portfolio.
10. Access Requirements
If the Client’s website is to be installed on a third-party server, iM Web Designs 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.
11. Post-Placement Alterations
iM Web Designs 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.
12. Domain Names
iM Web Designs may purchase domain names on behalf of the Client. Payment and renewal of those domain names is the responsibility of the Client unless approved and included in the package. The loss, cancellation or otherwise of the domain brought about by non or late payment is not the responsibility of iM Web Designs. The Client should keep a record of the due dates for payment to ensure that payment is received in good time.
13. Ongoing Maintenance & Support
Fixes for newly built websites need to be identified within a 14 day period from going live. If fixes are identified after this period and the client is not on a Maintenance & Support plan, then a quotation will be issued to commence such fixes.
iM Web Designs cannot future proof its services or products. Once a client has signed off on a project the responsibility to maintain and update plugins and Themes used on the website becomes the client’s responsibility unless a maintenance agreement has been signed with iM Web Designs which covers such incidents. Although we will monitor the website for Malware/Viral attacks, maintenance does not mean “eyes on the website” all the time and issues on the website still need to be reported to iM Web Designs.
Development faults with plugins, Software versions or themes used on a website built by iM Web Designs are not covered by a maintenance agreement and will be quoted for separately as in most cases the original software developer will need to be involved. Similarly, hosting and website faults remain the responsibility of the hosting provider and do not fall under any maintenance agreement.
Links to Other Websites
Our Service may contain links to third-party websites or services that are not owned or controlled by the Company.
The Company has no control over and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise You to read the terms and conditions and privacy policies of any third-party websites or services that You visit.
We may terminate or suspend our service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions. Upon termination, Your right to use the Service will cease immediately.
Limitation of Liability
Not with standing any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or 100 GBP if You haven’t purchased anything through the Service.
To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party’s liability will be limited to the greatest extent permitted by law.
“AS IS” and “AS AVAILABLE” Disclaimer
The Service is provided to You “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of a course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error-free or that any errors or defects can or will be corrected.
Without limiting the foregoing, neither the Company nor any of the company’s provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.
Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.
The laws of the Country, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.
If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company.
For European Union (EU) Users
If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident.
United States Legal Compliance
You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a “terrorist supporting” country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.
Severability and Waiver
If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not effect a party’s ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.
These Terms and Conditions may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.
Changes to These Terms and Conditions
We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.
By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.
Unless otherwise stated, imwebdesigns.com and/or its licensors own the intellectual property rights for all material on iM Web Designs. All intellectual property rights are reserved. You may access this from iM Web Designs for your own personal use subjected to restrictions set in these terms and conditions.
You must not:
- Republish material from iM Web Designs
- Sell, rent or sub-license material from iM Web Designs
- Reproduce, duplicate or copy material from iM Web Designs
- Redistribute content from iM Web Designs
Parts of this website offer an opportunity for users to post and exchange opinions and information in certain areas of the website. imwebdesigns.com does not filter, edit, publish or review Comments prior to their presence on the website. Comments do not reflect the views and opinions of imwebdesigns.com, its agents and/or affiliates. Comments reflect the views and opinions of the person who post their views and opinions. To the extent permitted by applicable laws, imwebdesigns.com shall not be liable for the Comments or for any liability, damages or expenses caused and/or suffered as a result of any use of and/or posting of and/or appearance of the Comments on this website.
imwebdesigns.com reserves the right to monitor all Comments and to remove any Comments which can be considered inappropriate, offensive or cause a breach of these Terms and Conditions.
You warrant and represent that:
- You are entitled to post the Comments on our website and have all necessary licenses and consents to do so;
- The Comments do not invade any intellectual property right, including without limitation copyright, patent or trademark of any third party;
- The Comments do not contain any defamatory, libelous, offensive, indecent or otherwise unlawful material which is an invasion of privacy
- The Comments will not be used to solicit or promote business or custom or present commercial activities or unlawful activity.
You hereby grant imwebdesigns.com a non-exclusive license to use, reproduce, edit and authorize others to use, reproduce and edit any of your Comments in any and all forms, formats or media.
Hyperlinking to our Content
The following organizations may link to our Website without prior written approval:
- Government agencies;
- Search engines;
- News organizations;
- Online directory distributors may link to our Website in the same manner as they hyperlink to the Websites of other listed businesses; and
- System wide Accredited Businesses except soliciting non-profit organizations, charity shopping malls, and charity fundraising groups which may not hyperlink to our Web site.
These organizations may link to our home page, to publications or to other Website information so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products and/or services; and (c) fits within the context of the linking party’s site.
We may consider and approve other link requests from the following types of organizations:
- commonly-known consumer and/or business information sources;
- dot.com community sites;
- associations or other groups representing charities;
- online directory distributors;
- internet portals;
- accounting, law and consulting firms; and
- educational institutions and trade associations.
We will approve link requests from these organizations if we decide that: (a) the link would not make us look unfavourably to ourselves or to our accredited businesses; (b) the organization does not have any negative records with us; (c) the benefit to us from the visibility of the hyperlink compensates the absence of imwebdesigns.com, and (d) the link is in the context of general resource information.
These organizations may link to our home page so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products or services; and (c) fits within the context of the linking party’s site.
If you are one of the organizations listed in paragraph 2 above and are interested in linking to our website, you must inform us by sending an e-mail to [email protected]. Please include your name, your organization name, contact information as well as the URL of your site, a list of any URLs from which you intend to link to our Website, and a list of the URLs on our site to which you would like to link. Wait 2-3 weeks for a response.
Approved organizations may hyperlink to our Website as follows:
- By use of our corporate name; or
- By use of the uniform resource locator being linked to; or
- By use of any other description of our Website being linked to that makes sense within the context and format of content on the linking party’s site.
No use of imwebdesigns.com logo or other artwork will be allowed for linking absent a trademark license agreement.
Without prior approval and written permission, you may not create frames around our Webpages that alter in any way the visual presentation or appearance of our Website.
We shall not be held responsible for any content that appears on your Website. You agree to protect and defend us against all claims that are rising on your Website. No link(s) should appear on any Website that may be interpreted as libellous, obscene or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third party rights.
Reservation of Rights
We reserve the right to request that you remove all links or any particular link to our Website. You approve to immediately remove all links to our Website upon request. We also reserve the right to amend these terms and conditions and its linking policy at any time. By continuously linking to our Website, you agree to be bound to and follow these linking terms and conditions.
Removal of links from our website
If you find any link on our Website that is offensive for any reason, you are free to contact and inform us at any moment. We will consider requests to remove links but we are not obligated to or so or to respond to you directly.
We do not ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we promise to ensure that the website remains available or that the material on the website is kept up to date.
To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to our website and the use of this website. Nothing in this disclaimer will:
- limit or exclude our or your liability for death or personal injury;
- limit or exclude our or your liability for fraud or fraudulent misrepresentation;
- limit any of our or your liabilities in any way that is not permitted under applicable law; or
- exclude any of our or your liabilities that may not be excluded under applicable law.
The limitations and prohibitions of liability set in this Section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer, including liabilities arising in contract, in tort and for breach of statutory duty.
As long as the website and the information and services on the website are provided free of charge, we will not be liable for any loss or damage of any nature.