These terms and conditions (Conditions) apply in respect of all work undertaken by iTCHYROBOT Ltd.
Interpretation
Contract: the agreement made between iTCHYROBOT Ltd and the Client as set out in these Conditions;
Client: the person, firm or company referred to in the Quotation who purchases Services;
Agency: iTCHYROBOT Ltd
iTCHYROBOT Ltd: iTCHYROBOT Ltd, a company incorporated in England and Wales with company number and who’s trading office is at Innovation Centre, Kirkleatham Business Park, Redcar, Cleveland. TS10 2LJ
Client Material: all document, information and materials provided by the Client relating to the Services including (without limitation) computer programs, information, materials, copy, data, reports, images, videos and specifications
Services: the services provided by iTCHYROBOT Ltd under the Contract as set out in the Quotation, together with any other services which iTCHYROBOT provides, or agrees to provide, to the Client;
Contract Formation
- Acceptance of the quotation for Services provided by iTCHYROBOT Ltd constitutes as offer by the Client to purchase the Services specified in it on these Conditions. The Client will be deemed to have accepted a Quotation when it either signs the Quotation or otherwise communicates to iTCHYROBOT that it has accepted the Quotation.
- Any quotation is valid for a period of 30 days from its date, provided that iTCHYROBOT has not previously withdrawn it in writing.
- The costs provided when quoting are guide prices based upon what we anticipate the creative, time and production requirements to be based on previous experience and on typical processes, plus client co-operation in provision of content, meeting deadlines and approval. Within reason, additional charges may be payable if there are significant variations to this, although the client would be made aware of this.
iTCHYROBOT’s Obligations
- iTCHYROBOT shall use reasonable endeavours to provide the Services to the Client as set out in the Quotation.
- iTCHYROBOT shall use reasonable endeavours to meet any performance dates specified in the Quotation, but any such dates shall be estimates only and time shall not be of the essence for performances of the Services.
Client’s Obligations
- Co-operative with iTCHYROBOT Ltd in all matters relating to the Services;
- Provide all Client Material, content, sign off and other information as iTCHYROBOT Ltd may reasonably require in accordance to the schedule of work and ensure that such information is accurate in all material respects. Any delay in content being provided to iTCHYROBOT, iTCHYROBOT reserve the right to invoice for work completed to date. Any amends to the content and/or images will incur additional costs.
- Ensure that the Client Material is owned by the Client or, if not, that the Client has permission from the legal owner to enable iTCHYROBOT to legitimately use the Client Material in the provision of services.
- The Client agrees to indemnify ITCHYROBOT Ltd and keep the agency indemnified and hold the agency harmless from and against any claims, actions, proceedings, losses, liabilities, damages, costs or expenses suffered or incurred in relation to work or services provided. The agency is not liable for any loss.
Payments and Charges
- No creative or development work will commence until the agency has received written approval of the quotation (by hand or by email) and a minimum deposit of 25% of the agreed costs (unless otherwise agreed in writing). This ensures that the agency is fully equipped to provide the very highest levels of service and expertise, from project inception through to completion. A further 25% will be invoiced after design sign-off.
- Unless otherwise agreed in writing, the balance of payment will be due in full on project completion. The project will be classed as complete when iTCHYROBOT have fulfilled all of their obligations. Failure to supply or any delays in supplying content or materials prior to the site completion will result in iTCHYROBOT invoicing for the work completed. Failure to make final payment at this point may result in delays in project delivery.
- Unless otherwise agreed in writing, work will usually commence within 5 working days of deposit receipt. Any anticipated completion date provided by the agency is subject to options chosen and client co-operation in provision of information, resource (logos, images etc.) and approval. The agency will do its very best to ensure that timelines are adhered to, but please be aware that circumstances, amends requested, or additional requirements may potentially result in delays. Time lines provided are estimated but the agency will not be held liable if the project over-runs due to delays caused by the client in submitting content, information or approval, or any third party issues or force majeure. If any project exceeds the estimated timeline agreed, at the delay of the Client, then ITCHYROBOT reserve the right to invoice for work that has been undertaken until the delay.
- Make a reasonable number of revisions to the design, layout, colours etc. until you are satisfied with the design concept but no more than 2 major revisions. Additional revisions or design work outside of the scope of the project or, after a design has been approved by the Client will be charged hourly at our standard rate.
- Where the Client requires the Agency to seek costs from third parties e.g. printers, photographers, film makers and to other relevant partners then these costs will be agreed in advance and paid up-front.
- All costs provided exclude VAT where applicable and are valid for thirty days from the date of quotation.
- Without prejudice, to any other right or remedy that it may have, if the Client fails to pay iTCHYROBOT Ltd on the Due Date, iTCHYROBOT may:
- Charge interest on such sum under the Late Payment of Commercial Debts Act 1988 from the Due Date, accruing on a daily basis and being compounded quarterly until payment is made, whether before or after any judgement and the Client shall pay the interest immediately on demand; and
- Suspend all services until payment has been made in full.
- All additional work requested by the Client, which is requested following commencement of the Services which is outside the scope of the Quotation (including any services necessarily procured in order to carry out the Services) shall be regarded as additional to the cost given in the Quotation and will be invoiced separately at the current rates.
Web Hosting and Maintenance Services
- Where requested by the Client, ITCHYROBOT Ltd will procure website hosting and maintenance services. iTCHYROBOT will use reasonable endeavours to provide a reliable and professional service.
- Payment for hosting and maintenance must be paid for in advance, unless agreed otherwise.
- ITCHYROBOT cannot guarantee that website hosting will be available to the Client at all times, especially in the event of a failure beyond iTCHYROBOT’s control.
- Once your website is launched, iTCHYROBOT will provide support for a 2 week grace period free of charge. After this period, unless you have a support contract with iTCHYROBOT, then our standard charging rates will apply.
Search Engine Optimisation
- iTCHYROBOT will use reasonable efforts to improve the position of the Client’s search engine results, but, do not guarantee any specific placement or higher placement on search engine results.
- iTCHYROBOT will have no liability for any changes of position of the Client’s website on search engine results and the Client acknowledges that iTCHYROBOT has no control over the policies of search engines with respect to the type of website and/or content that they accept or the way in which websites are ranked either now or in the future.
Intellectual Property Rights
- Until payment is received in full, all designs, artwork and rights to design and artwork (whether in digital or printed format) remain the intellectual property of iTCHYROBOT Ltd. Full Copyright and ownership of all ‘commissioned’ work will reside with iTCHYROBOT Ltd until full payment has been received, at which point the agency will surrender to the Clients, all claims of ownership and full copyright for final work produced (not including alternative designs, concepts, options, files, images, source code, scripting or documents developed throughout the process).
- iTCHYROBOT Ltd will never knowingly infringe any copyright or trademark and will deliver, to the best of knowledge, creative solutions that are original and unique to the agency. Unless otherwise agreed in writing, it is the responsibility of the client to ensure that no copyright or trademark has been infringed and to make their own application for copyright or trademark with the UK Intellectual Property Office, if required.
- These Terms and Conditions of business supersede any previous versions and apply to all present and future projects unless otherwise agreed in writing. iTCHYROBOT Ltd reserves the right to change or modify these terms at any stage with immediate effect. By agreeing to these terms, your statutory rights are not affected.