Terms & Conditions
1.1. Unless specifically varied in the Project Cost section of our proposal or otherwise in writing by VITSPRO, the following payment terms shall apply:
1.2. For One Off fees (such as but not limited to website development);
1.2.1. 50% (non-refundable) of any ‘one off’ value is due prior to commencement.
1.2.2. 50% balance will be due prior to handing the project.
1.2.3. Where sign off is requested and no response received within 14 days, the
balance becomes payable in full.
1.3. Invoices will be due for payment strictly within 14 days of submission.
1.4. For ongoing fees (such as but not limited to Hosting and Online Marketing);
1.4.1. Payment must be made in advance of the service being provided.
1.4.2. Where payment is late, it is still applicable, but VITSPRO is not
obliged to provide services for the period that the payment was late.
1.5. All fees quoted are subject to review and adjustment by VITSPRO at any time.
1.6. Where part/ stage payments are decided between both the parties, payments must be made in advance of each phase of service being provided e.g. initial, middle and final phase.
- Non Payment
2.1. In the event that full payment is made later than required by the conditions set under the section ‘Payment’ or if only partial payment is made, VITSPRO may at its absolute discretion charge for administration costs and interest on any monies owed.
2.2. If the Customer also holds a hosting Account with VITSPRO, the hosting account may be terminated without notice in the event that invoices fall into arrears. This will affect email communications and any other services provided by VITSPRO.
2.3. In the event that payment is not received within a maximum of 60 days, arrears will be passed to our Debt Collection Agency. Once this has taken place, VITSPRO is not in a position to accept payment from the Customer. Additional fees will be applied by the Debt Collection Agency. VITSPRO has no authority to revert these fees once a debt is passed over to the Debt Collection Agency.
3.1. If a project is cancelled at any point during the design process, the full deposit
is non-refundable and therefore will be retained.
3.2. If a project is cancelled at any point during the build process, the full project balance is payable.
3.3. Hosting services require 30 days end of month notice.
3.4. Online Marketing / SEO / SMO services (defined below) require 30 days end of month notice.
3.5. 30 days end of month shall mean the end of the month following the month in which cancellation was received. (example cancelation on 12th June, service ends 31st June)
3.6. Notice of cancellation should be made in writing via post or email.
3.7. Notice is deemed to have been received by either ‘48 hours from 1st Class post’ or ‘a read receipt on email’.
3.8. Where domain and hosting is in control of client and if access to web developer is restricted by customer at any point the project will no longer continue, the Customer accepts that any remaining dues should be paid accordingly.
3.9. Where project is completed in phases, the Company will hold few features to release upon final payment for any outstanding invoices.
3.10. Files and website content / Information retained by the Company will be returned to the Customer upon final payment for any outstanding invoices.
- Withdrawal of Services
4.1. VITSPRO reserves the right to withdraw its services at its entire discretion, particularly in the event of any failure to pay. Upon such withdrawal of its services, VITSPRO shall be under no liability whatsoever to compensate the Customer for any costs, losses or damages, howsoever arising, that the Customer may incur or may have incurred.
4.2. It is hereby agreed between VITSPRO and the Customer that where VITSPRO withdraws its services, VITSPRO may remove any material stored upon any computer or server and shall retain, and shall not be under any obligation to return or provide access to, any and all documents, papers, etc. belonging to the Customer until payment is made in full of all the pending invoices.
5.1. Copyright in all documents, papers, design etc prepared or caused to be prepared by VITSPRO is expressly reserved by VITSPRO until full payment is received.
5.2. The web design along with its contents (prepared by VITSPRO ) including colour schemes remains the intellectual property of VITSPRO . Upon receiving final payment for any outstanding invoices, VITSPRO will transfer its usage rights to the customer. From this point, the Company assumes no rights to the material created and supplied except in accordance with 5.3 below.
5.3. The Customer does not have ‘resell’ rights unless a separate signed resell rights document has been obtained at additional cost). VITSPRO maintains the right to re-use code that it has created.
5.4. The Customer accepts the liability of not removing the credits of VITSPRO in the footer of website. The only exception is for the customers who pay for white labelling, which is charged separately.
5.5. Where the content and images are provided by the customer, it remains the responsibility of customer to check its authenticity relating to copyright, confidentiality or intellectual property.
- Content Management System
6.1. Where appropriate, VITSPRO uses the content management system. VITSPRO is not responsible for site outages or any costs, losses or damages, due to the CMS platform or ‘Plug-In applications’ used to create the Customer website.
6.2. It is important to update CMS of website and any used ‘Plug-In applications’ when new updates are available. It is the responsibility of the Customer to check and update these programmes with the exception of 6.3.
6.3. Where the Customer has paid for the maintenance package (and payments are up to date) the CMS update is the responsibility of VITSPRO to ensure all updates are installed within a reasonable time from the update being released.
6.4. It is the responsibility of the Customer to provide the website material in a timely manner during the project. The material provided by the Customer after launching the website will be treated as a new request or amendment and will be treated in accordance with 8.1 and 8.2.
- Third Party Services
7.1. Where VITSPRO uses any third-party services, e.g. hosting, domain, site search facilities, VITSPRO is not responsible for third-party service commitments, quality or availability.
7.2. It is the responsibility of the Customer to read the terms and conditions provided by any third-party service used on their behalf.
7.3. It remains the responsibility of customer to resolve their third-party service issues e.g. domain, hosting etc. If the issues are of technical nature and beyond the capacity of customer, VITSPRO company can resolve them but at additional cost.
- Amendments and Fixes
8.1. An Amendment is any change requested by the Customer, different to what was originally
requested. This is typically where Customer changes his mind upon seeing a project part built. Amendments will be carried out at additional cost as those were not a part of project. Amendments are usually charged at hourly rate. The Customer will be invoiced and upon receiving the payment, the company will do the appropriate amendments. Amendments may take 4-5 working days depending upon the type of amendment. For the amendments taking longer than normal time, the Customer will be informed.
8.2. A Fix is any request raised by the Customer when any function of the website not work as was originally agreed. The Customer is required to raise any fix within the 14 days of website going live. A Fix will be free from charge. Fixing the issue may take 4-5 working days depending upon the fix. For the amendments taking longer than normal time, the Customer will be informed.
8.3. When website goes live, Customer has 14 days to raise any concerns and issues. Issues raised after 14 days will be resolved at extra cost.
8.4. During the feedback meetings, the customer will be given the opportunity to provide feedback and suggest any changes. If Customer requests new changes this will affect the project completion date.
- Mobile Responsiveness
9.1. VITSPRO shall not be responsible for delivering a mobile responsive website, unless mentioned in the proposed quotation. The Customer is responsible to ensure they have requested a mobile responsive design.
- Uploading of Websites
10.1. Where hosting is provided by VITSPRO, it remains responsible for uploading and testing.
10.2. Where hosting is provided by the Customer, VITSPRO is not responsible for uploading the Customer’s website to hosting servers not provided by the Company. The Company is also not responsible for the hosting configuration of the Customers.
10.2.1. VITSPRO can upload to the Customer’s hosting servers, if requested by the Customer but at an additional cost, normally charged at an hourly rate.
- Hosting and Domain Services
11.1. VITSPRO cannot guarantee ‘up-time’ where third-party hosting and domain services are involved.
11.2. If the Customer wishes to move his hosting away from the Company, it will be subject to the following conditions:
11.2.1. The Customer will be charged a Domain Transfer Fee per domain name.
11.2.2. Any support provided by the Company while moving will incur Support charges at an hourly rate.
11.2.3. Moves cannot take place unless overdue invoices are paid and settled.
- Ongoing Maintenance
12.1. Any maintenance work carried out by the company will be charge at hourly rate. However, if the Customer has paid for the maintenance package (and payments are up to date) the maintenance becomes the responsibility of VITSPRO.