Website Design Terms & Conditions

Website Design Service – Terms and Conditions

Special Terms and Conditions of Intellistart Website Design Service

The following special terms and conditions for the Website Design Service apply in addition to the General Terms and Conditions of Intellistart Ltd. (Intellistart) – and the data protection information. In these Special Terms and Conditions, you will be referred to as the customer, you, your or similar words or phrases. Any reference to Applicable Law means all relevant laws and regulations and well as any voluntary codes and industry self-regulation including without limitation all laws relating to issues of equality, race and discrimination, data privacy and data rights (including the General Data Protection Regulations), marketing, the CAP Code (UK), copyright, designs, patents, databases and other proprietary rights, consumer laws and regulations and any other law, regulation or code of whatever description which is in any way relevant to your Website.

1. General

1.1 The Website Design Service is a service where Intellistart builds a website for the customer (the Website). On completion the website is handed over to the customer and the customer may make adjustments.
1.2 Any reference to Package in these terms and conditions refers to the package which you have purchased. The available Packages can be found at https://intellistart.co.uk/web-design-packages/ and the specific Package that you have purchased will be confirmed to you at the point you place your order.
1.3 Intellistart will use commercially and technically reasonable endeavours to build the Website in accordance with the Package which has been purchased and the customer’s instructions and wishes.
1.4 Intellistart staff building the Website will be available as reasonably required between Monday and Friday, 09:00-17:00 (except for public holidays) by telephone on (+44) (0) 161 877 4888 and by e-mail at customerservice@intellistart.co.uk.

2. Packages

2.1 Packages can be found at https://intellistart.co.uk/web-design-packages. Subject to payment of the price difference you may upgrade to a more expensive Package at any time. You may not downgrade your Package.
2.2 You acknowledge that the building of the Website is bespoke to you and so any cooling off or cancellation periods that you are entitled to under any Applicable Laws will no longer be available once work has commenced to build the Website. Subject to services having not commenced in building your Website, Intellistart will comply with cooling off and cancellation rights which are current and to which you are entitled by Applicable Law.
3. Invoicing
3.1 Payment for the package that you have ordered is due monthly in advance and payment will be taken automatically from the payment method that you have authorised us to take payments from.

4. Building your Website

4.1 Your Website will be built with the features that correspond to the package which you have purchased. Intellistart will use commercially reasonable endeavours to build the first version of your Website and allow you to preview it within 10 working days.
4.2 Design and layout changes to the internal pages of the website are subject to restrictions within depending on what platform we use.
4.3 Website design is subjective, and for this reason, we will continue to work with you on your Website during the Design Concept period until you are happy with our proposal.
4.4 The Design Concept Period ends when you accept the design proposal and home page draft. If you do not make contact for more than 2 weeks after the proposal and home page draft has been received, we will make up to 5 attempts to contact the client by email using the email address for the client held on file. If we do not receive a response to these attempts of contact the Design Concept Period will be considered ended and Design changes beyond this point are subject to additional charges.
4.5 You will provide Intellistart with all information, data, files, passwords, content, copy and other materials that Intellistart may reasonably require in order to build the Website. Intellistart may require you to further clarify your instructions and wishes and will inform you where it is not possible to follow your instructions or comply with your wishes. Where it is not possible to comply with your instructions and wishes Intellistart will ask you for alternative instructions and wishes which are reasonably possible to comply with.
4.6 You may ask Intellistart to alter or change the Website at any time during the the intial draft(s) and Intellistart will use commercially reasonable endeavours to make the changes and alterations you request however you recognise that there are technical, legal, and regulatory matters which may affect Intellistart ability to comply with your instructions. Where your instructions cannot be followed Intellistart will speak with you about what is and isn’t possible and the reasons why so that you may provide alternative instructions which are possible to implement.
4.7 While your Website is being built we may send you updates and service messages via SMS, e.g. to remind you to provide content. It is likely that you will be able to upload most things required for the building of your Website via email or shared folder which is dedicated to you. This link will be sent to you after your welcome e-mail. All files must be provided in digital form.
4.8 Intellistart does not take any responsibility for a client’s website rank on search engines. This also includes any potential website downtime that can occur. When updating, changing, creating, and hosting a client’s website, there could be a change in the websites search engine ranking.

5. SRA Compliance

5.1 Websites designed by us are an attempt to address the most current SRA transparency rules. Given the SRA’s approach to date, no template, (not even the SRA’s own), can simply be implemented and relied upon without proper consideration.
5.2 It is the responsibility of the compliance officers for legal practice (COLPs) in all firms authorised by SRA to ensure the Website is compliant.

6. Your obligations

6.1 You acknowledge the important of compliance with Applicable Laws and agree that Intellistart is not offering a legal advisory or regulatory compliance service. Customers agree to take separate legal advice on whether or not the content and function of their website is compliant with all Applicable Law. Notwithstanding this obligation on you, Intellistart will build the Website in accordance with its obligations to you under these terms and condition but retains the right to refuse to build any part of the Website or follow any customer instructions which it reasonably believes will breach Applicable Laws.
6.2 Once the Website is live and for the duration of the Websites life you agree to continuously review the Website for ongoing compliance with Applicable Law. If Intellistart receives a complaint that the Website breaches Applicable Law or any third parties rights then Intellistart has the right, at its sole discretion, to suspend, terminate or take down the Website for such a period as it deems necessary for the Customer to make changes to ensure that the Website is compliant. When exercising this discretion Intellistart will endeavour to keep any period in which the Website is inactive to a minimum.
6.3 It is your sole obligation to ensure that you have acquired all necessary rights and licences to use any software, images, copy, links, or other content which is owned by any third party. Intellistart may ask you for proof (to Intellistart reasonable satisfaction) that you have secured any necessary rights or licences and if you fail to provide such proof then Intellistart may refuse to include items in your Website.
6.4 If the customer requests Intellistart to integrate third party apps, software or similar, he simultaneously grants his permission to Intellistart to do so in his behalf.

7. Indemnity and Liability

7.1 You agree to indemnify Intellistart and hold Intellistart harmless on demand from any claims from any parties that your Website or its content infringes any rights (including without limitation intellectual and any other proprietary rights) or Applicable Laws. In order to mitigate any damage done by any such claims Intellistart reserves the right (to be exercised at its sole discretion) to take down or suspend the Website until such claims have been resolved.
7.2 The limits on Intellistart liability are those set out in our General Terms and Conditions which can be found at https://intellistart.co.uk/terms-and-conditions

8. Website Maintenance

8.1 Website maintenance will be provided in accordance with the features of the Package which you have purchased for 12 months after the launch of your Website.

9. Website update process

9.1 Any updates and changes to the Website after completion are subject to additional charges.
9.2 You must notify Intellistart by e-mail or telephone of any changes to the Website that you require. Subject to any reasonable usage limits Intellistart may impose at its sole discretion from time to time may make as many requests for change as you wish within our open hours. For indicative purposes only Intellistart will implement changes within 5 working days. On completion of a change or update you will be notified by Intellistart. Intellistart has the sole discretion to decline to make changes or updates which it considers to be too complex, costly, or outside of the features of the Package which you have purchased.
9.3 Your obligations to monitor the Website for compliance with Applicable Law overrides Intellistart obligations to you under the remaining provisions of these terms and conditions. Notwithstanding this Intellistart may contact you periodically (normally at 3 month intervals but sometimes less frequently) to discuss your satisfaction with the Website and, if necessary, further changes or updates that you require or further suggestions and recommendations of Intellistart to optimise the website.