Inferno Designs Limited Terms & Conditions of Use and Notices

Definition of our terminology used within this document:

1. A 'Project' is any work undertaken or service provided by Inferno Designs Ltd for the Client on their request and as described in our confirmation order email to that Client.
2. A 'Client' is a person, persons, business or organisation using any of the services provided by Inferno Designs Ltd.
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 anyone 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.

Agreement Between You And Inferno Designs Ltd

These Terms & Conditions constitute a legal agreement between you and Inferno Designs Ltd. You must accept without modification all of the terms, conditions, and notices contained in these Terms & Conditions in order to access and use the services Inferno Designs Ltd provide. If you do not accept these Terms & Conditions in their entirety, you may not access or use the services provided by Inferno Designs Ltd.

Inferno Designs Ltd provides internet services, Inferno Designs Ltd reserves the right to suspend or cancel any customer's access to any or all services provided by Inferno Designs Ltd when Inferno Designs Ltd decides that the account has been inappropriately used or otherwise.

These are the terms and conditions for use of the Internet services provided by Inferno Designs Ltd. By purchasing services from Inferno Designs Ltd, you (subscribers) agree to abide by these terms and conditions. We reserve the right to change this agreement at any time without notice.


Modification Of These Terms Of Use

Inferno Designs Ltd may wish to update or change the terms, conditions and notices for the service provided from time to time to reflect changes in the service, changes in the laws affecting the Services, or for other good reasons. You understand that Inferno Designs Ltd reserves the right to make these changes and that you are responsible for regularly reviewing these terms, conditions and notices. Continued access to or use of the Services provided by Inferno Designs Ltd after any such change shall constitute your consent to such change. Unless explicitly stated otherwise, any new features that change or improve the Inferno Designs Ltd Services shall be subject to the Terms & Conditions, as modified from time to time.


Inferno Designs Ltd Right To Use Feedback Or Suggestions You Submit

Inferno Designs Ltd wants your voluntary feedback and suggestions on the Services we provide so that we can continually improve the services for you and other customers. When you submit feedback and suggestions, please understand that Inferno Designs Ltd needs to have full rights to use your feedback and suggestions without any encumbrances. In particular, you should understand that by submitting any feedback or suggestions to Inferno Designs Ltd concerning the Services we provide, you warrant and represent that you own or otherwise control the rights necessary to do so and you are granting Inferno Designs Ltd and its affiliated companies permission to:

Use, modify, copy, distribute, transmit, publicly display, publicly perform, reproduce, publish, sublicense, create derivative works from, transfer, or sell any such feedback or suggestions; and

Sublicense to third parties the unrestricted right to exercise any of the foregoing rights granted with respect to the feedback or suggestions.

These grants include the right to exploit any proprietary rights in such feedback or suggestions, including rights under copyright, trademark, service mark or patent laws in any relevant jurisdiction. No compensation will be paid with respect to Inferno Designs Ltd use of the materials contained within such feedback or suggestions. Inferno Designs Ltd is under no obligation to post or use any materials you may provide and may remove such materials at any time at Inferno Designs Ltd sole discretion.


Data Protection

1. Unless indicated otherwise on the relevant Order form, the Client hereby agrees to allow Inferno Designs Ltd to collect and process data and information regarding the Client's use of the Service and to provide this to sub-contractors and/or companies affiliated with Inferno Designs Ltd for the purposes of marketing Inferno Designs (or Inferno Designs affiliated companies) services, or other related services, or for any other purpose connected with the Agreement. Inferno Designs Ltd will provide the Client on request with details of all such information held by Inferno Designs Ltd, and will modify any information that the Client advises is incorrect.

2. Subject to and in accordance with relevant data protection legislation, the Client hereby consents to allow Inferno Designs Ltd to collect data regarding Inferno Designs use of the Services and to provide such data to any governmental or regulatory body for the purpose of Inferno Designs compliance with any applicable laws and regulations.

3. Each party shall for the duration of any Agreement governed by these Terms and Conditions comply with the provisions of the Data Protection Act 1998, (including the data protection principles set out in that Act) and any similar or analogous laws, regulatory requirements or codes of practice governing the use, storage or transmission of personal data and shall not permit anything to be done which might cause or otherwise result in a breach by either party of the same.

4. Inferno Designs Ltd possesses the right to communicate with the Client regularly via, but not limited to, electronic means.

5. Inferno Designs Ltd may, from time to time, send Client information relating to the services of other companies that Inferno Designs Ltd feels may be of interest to the Client. If the Client does not want to receive such information, it is to inform Inferno Designs Ltd in writing.

6. Inferno Designs Ltd has the right to deny Customer Support to the Client if the Client fails to demonstrate to the Inferno Designs Ltd representative upon receipt of a phone call or e-mail by Inferno Designs Ltd that they are indeed the Client and therefore authorised to request that changes be made on the account. The Client acknowledges that it may not always be possible for Inferno Designs Ltd to guarantee that breaches will not occur and therefore agrees to cooperate with Inferno Designs Ltd staff in its requests for Client authentication.


"Unlimited" Policy

High bandwidth usage: Inferno Designs Ltd offers an unlimited use policy by maintaining very large ratios of bandwidth and disk space per customer. In rare cases, Inferno Designs Ltd may find a customer to be using server resources to such an extent that he or she may jeopardise server performance and resources for other customers. In such instances, Inferno Designs Ltd reserves the right to impose the High Resource User Policy for the consideration of all customers.

High Resource User Policy

Resources are defined as bandwidth, disk space and/or processor utilisation.
Inferno Designs Ltd may implement the following policy to its sole discretion:
When an account is found to be monopolising the resources available Inferno Designs Ltd reserves the right to suspend that site immediately. This policy is only implemented in extreme circumstances and is intended to prevent the misuse of our servers.


Data And Backup

While we do backup all data within our own internal systems we are not liable for any loss of data which may adversely affect your business. This means that if you have uploaded your product data and/or built up a database of clients and/or orders, you must keep a backup on your own machine. Clients agree that Inferno Designs Ltd has the right to delete all data, files, or other information that is stored on Inferno Designs servers upon termination of services, or cancellation of account due to non-payment or breaking of any of these terms by client.


Security

While Inferno Designs Ltd makes all efforts to ensure the services we provide are both secure and robust, we make no claims about this security. If someone gains unauthorised access to your account they may/may not have access to customer details such as payment information, this is your responsibility. Hacking is a serious crime and effects most businesses. Should Inferno Designs Ltd and/or any system provided by Inferno Designs Ltd suffer a breach of security we cannot be held responsible. It is the client's responsibility to delete credit card information after processing it.


Payment Policy

Inferno Designs Ltd reserves the right to change prices of accounts or services at any time all pricing is guaranteed for the period of one year from the purchase of your account, excluding government charges such as tax which can change out of the control of Inferno Designs Ltd.

In addition, Inferno Designs Ltd reserves the right to suspend other services until the outstanding debt is cleared. The customer is responsible for all money owed on the account from the time it was established to the time that the customer sends a cancellation request; the Customer can request cancellation of their account and will be billed up to the first day of the following month.

Any failure by the Client to pay any fees due under these Terms and Conditions on the date specified shall be deemed to be a "material breach" of these Terms and Conditions.

Web Design & Development

1. The Service:
Inferno Designs Ltd, a UK registered limited liability company, will design and construct web page(s) for you (the “Client”) according to the Client's specifications as set forth in a client order to be completed and submitted to Inferno Designs Ltd by Client (the “Client Order”) and subject to these Terms and Conditions (this “Agreement”). Upon fulfilment of the Client Order, Inferno Designs Ltd will then deliver the work via FTP upload to the server and provide the Client with access. The Client may take the option to review the site and suggest any further alterations to Inferno Designs Ltd. The final payment will reflect those changes.

2. Right to Refuse Orders.
Inferno Designs Ltd will not design or construct web page(s) containing "adult content,” promoting violence of any kind, including an intolerance for race, lifestyle, or faith, or that constitutes harassment, defamation, libel, slander, or promotes the commission of a crime or any unlawful conduct. Inferno Designs Ltd shall have the right to refuse any Client Order or do business with any person or entity without liability and without explanation.

3. Payment.
Inferno Designs Ltd will require up to 25% deposit payment up front before work starts on certain services provided, failure to pay the deposit will result in the work not being done. The remaining 75% payment will be required within 14 days of the work being completed.

Charges for services to be provided by Inferno Designs Ltd are defined in the Client Order, which Client shall receive, execute and return to Inferno Designs Ltd. Inferno Designs Ltd reserves the right, subject to (14) days advance email notice to the Client, to change the rates charged for any ongoing maintenance services provided to Client. Payment for services is due by cheque or bank transfer, and all payments are subject to these Terms and Conditions and the Terms and Conditions posted on Inferno Designs Ltd site at www.inferno-designs.co.uk pertaining to payment for use of Inferno Designs Ltd services. Inferno Designs Ltd must receive payment prior to final release of the Client Order.

4. Changes in Pricing.
Inferno Designs Ltd reserves the right to change prices without notice. However, price changes, other than those relating to on-going maintenance service, shall not be changed with respect to previously executed Client Orders.

5. Termination.
(a) During the construction process and not after the Final Pages are released (with the exception of the Client's failure to make payment), the Client Order will terminate automatically upon either party providing written notice to the other indicating that the notifying party wishes to terminate the Client Order.

(b) If Inferno Designs Ltd initiates termination, with the exception of the Client's failure to make any payments owed thereunder, Inferno Designs Ltd agrees to reimburse the Client in full either by check within thirty (30) days of termination, or by cancelling any transaction(s), and Inferno Designs Ltd shall have no further obligations to Client nor any obligation to provide Client work that had been commenced or completed prior to termination.

(c) Termination of the Client Order by Client must be sent by email to terminate@inferno-designs.co.uk. If Client terminates the Client Order at any time following commencement of work thereunder but prior to release of the Final Pages, Inferno Designs Ltd has a right to charge Client for design work performed prior to the date of first notice of cancellation based (at Inferno Designs Ltd discretion) upon either the hours worked up to the date of termination or for all accepted milestones and a prorated amount for partially completed deliverables. Client may not terminate this Agreement after release of the Final Pages.

6. Non-Payment or Late Payment.

Inferno Designs Ltd will not commence work with respect to any Client Order or, if work has commenced, will not continue any work on the Client Order, if it is unable to receive payment from the Client within (3) business days after Inferno Designs Ltd notifies Client by email concerning non-payment. If the Client Order has been completed, Inferno Designs Ltd will not release the Final Pages or if the Final Pages have already been released, will remove the Client's page(s) off of the server until payment is received. Inferno Designs Ltd will reinstate all pages after payment in full has been received. If Inferno Designs Ltd found a server for Client, and the Client has not paid Inferno Designs Ltd before termination and before Inferno Designs Ltd found the server, Client's server account will also be deleted. If Inferno Designs Ltd releases the Final Pages but Client fails to make all payments due under the Client Order, Inferno Designs Ltd also has the right to keep all payments the Client has made at any time and to pursue all collection efforts and legal remedies for unpaid work under the Client Order.

Inferno Designs Ltd will impose a finance charge of 1.5% per month and a £10.00 per month late fee for each month that Client has not paid any outstanding balances owed under the Client Order. Clients with accounts in default agree to pay Inferno Designs Ltd reasonable expenses, including attorney fees and costs for collection by third-party agencies, incurred by Inferno Designs Ltd Ltd.

7. Copyright.

Client retains the copyright to data, files and graphic logos provided by the Client, and grants Inferno Designs Ltd the rights to publish and use such material in fulfilment of the Client Order. Artwork and graphic logos designed by Inferno Designs Ltd for use in the Client's Web presentation will remain the property of Inferno Designs Ltd; and at its discretion and under separate agreement, Inferno Designs Ltd will grant the Customer rights to use such material in formats other than Web presentations. Client must obtain permission and rights to use any information or files that are copyrighted by a third party and for Inferno Designs Ltd to include such materials in fulfilment of the Client Order. Client agrees to indemnify and hold harmless Inferno Designs Ltd from any and all claims resulting from the Client's negligence, intentional failure or inability to obtain proper copyright permissions. Client represents and warrants to Inferno Designs Ltd that all such permissions have been obtained, and evidence of all necessary permissions may be requested from Client.

8. Access Issues.

(a) If Client's Web site is to be installed on a third-party server, Inferno Designs Ltd must be granted the necessary access to the Client's storage directories, and those directories must be accessible via FTP. Depending on the specific nature of the project, other resources might also need to be configured on the server.

(b) Client agrees that Inferno Designs Ltd shall have the right to remove from Client's Web Site any web pages Inferno Designs Ltd has designed which upon or following posting fail to adhere to the terms of these Web Design Terms and Conditions, including violation of any licensing agreements or failure to pay fees duly assessed.


DISCLAIMER

Inferno Designs Ltd will not be responsible for any damages your business may suffer, Inferno Designs Ltd makes no warranties of any kind, expressed or implied for services we provide.
Inferno Designs Ltd disclaims any warrantor merchantability or fitness for a particular purpose. The includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by Inferno Designs Ltd and its employees.

Inferno Designs Ltd reserves the right to revise the above mentioned policies at any time.

For any further enquiries on the terms and conditions please contact Inferno Designs Ltd on: Terms@inferno-designs.co.uk