TERMS and CONDITIONS of BUSINESS
Scope
Unless indicated otherwise these terms and conditions apply to customers contracting with ICT Advisor.com for the delivery of our products and services.
CONSULTANCY FEE STRUCTURE
Units of Time
Rates for our services will be calculated in days, half days or quarter days.
We will not bill our time for journeys wholly within the United Kingdom. If the working day is unduly prolonged, an additional half or quarter day may be charge.
Technical Supplement
Where a customer's speciality or other circumstances require us to use specialist assessors, we reserve the right to pass on to the customer any excess charges we incur.
Expenses
We will re-bill to customers any travel and other out of pocket expenses at cost.
Measurement Audits
Website measurement audits are priced individually and are billed when completed.
Cancellation Charges
Where the customer cancels or postpones a website audit after it has been agreed, a fee is payable as set out below.
Reinstatement Fee
Where a customer's services is suspended for financial reasons e.g. late payment of invoices, a fee will be charged at the current base rate % operated by Bank Of England.
PAYMENT TERMS AND CONDITIONS
Quotations
Customers are entitled to quotations before work begins.
Once work has started, the customer is deemed to have accepted the quotation and is committed to paying for the quoted quantity of effort and any out of pocket costs.
Although we will try to carry out the job within the effort allowed by the quotation, we reserve the right to agree and bill for a different quantity if this is what is actually worked.
Invoices
Invoices are raised in sterling and are due and payable in full. Value Added Tax will be applied according to UK rules.
Terms of payment are:
28 days from the date of invoice for 6 months or more contracted consultancy.
14 days for adhoc supply of services where no contract exists
7 days for requested website audit reports or 1+ hour consultancy sessions
Non-UK customers may be asked for payment of estimated fees before any work is undertaken.
Long term project fees will be subject to a 40% deposit paid before the project commences.
Payment Methods
We accept cheques, BACS and direct debit payments. For smaller customers, instalment terms are available on request to our Finance Office.
PRICE LIST
Revisions
Our prices are reviewed annually and are subject to amendment at any time.
Current rates are published on our web-site. The following prices are effective from 1 April 2007.
Day rate consultancy Application Fee
The fee is £500 (ex VAT)
Day rate consultancy based on 6 month contract
The fee is £400 (ex VAT)
Day rate consultancy based on 12+ months contract
The fee is £350 (ex VAT)
Hourly Rate for Adhoc services OtherWork
The fee is £55 (ex VAT)
Web Audit Service
The fee for Web Audit Lite report £110 (ex VAT) payable within 7 days of receipt
The fee for Web Audit Full report £350 (ex VAT) payable within 7 days of receipt
Website Measurement Audit
The price for each website audit will be given on request.
CANCELLATION POLICY
Projects are agreed in advance prior to work commencing.
If a customer agrees to and signs for the work outlined in our proposal and then cancels or postpones it, there will be a cancellation charge of 25% of the fee if the cancellation or postponement is 30 or more days from the agreed date, and 100% of the fee if it is within 30 days.
In all cases, any non-refundable travel or subsistence costs that have been expended will be recovered from the customer at cost price.
An invoice for the cancellation charge will be sent to the customer and we reserve the right to withhold maintenance or renewal of services until it is settled.
GUIDELINES FOR BILLABLE TRAVEL COSTS
Mode of Travel
A private or hire car should will be used when it offers advantages in working or travel time and cost over other modes of transport.
When required the standard of air travel used is normally economy air travel on short haul or premium economy on medium haul and standard class rail unless special circumstances justify the additional cost of other classes.
Mileage is charged at the standard rate set by the company for all journeys:
For 2007/8 the rate is 40p per mile.
Parking charges: airport parking at long stay rates: overnight garage
Accommodation
Cost of hiring a car up to 1800cc e.g. to reach a customer from an airport
Accommodation in a single room in a hotel of a reasonable standard (3star)
After travelling long haul by economy class flights, one rest day (the first whole day after arrival) may be billed. Rest days are not normally billed when travelling business class.
Trapped weekend days are not generally billed. Accommodation and meals are billed as normal.
Support services towards Web Design, E-Commerce and Database Applications/Programming
Payment Terms
Third Party Software (e.g. off the shelf - Actinic, Erol, etc) - Payment with order.
Bespoke Software - As detailed in ICT Advisor or sourced supplier quotations
Bespoke Web Design and E-Commerce sites - 40% with order, balance 14 days after delivery. If delivery delayed due to late supply by client of material or information, then interim payments that fairly reflect the work completed will be payable by the client.
Bespoke E-Commerce and Database Work - 50% with order, balance 14 days after delivery. If delivery delayed due to late supply by client of material or information, then interim payments that fairly reflect the work completed will be payable by the client.
Updates - strictly 7days unless on annual account (subject to approval)
Training - strictly 7 days unless on account (subject to approval)
Non Payment of bills for design, programming or updates - we shall have the right to suspend, or require to be suspended, any website, e-commerce or database solution if our invoices for such work are overdue, and we have formally requested the overdue payment by email with a reminder that the site may be suspended within 7 days. If a site is suspended, it will be replaced with the client's logo, name, address, phone number and a message "Suspended Pending Payment".
Copyright etc.
BESPOKE WORK - Only after full payment has been received will the Client have right of free use of the work produced by us and to copy same for own use, and may expand the site for their own use. Client may not resell or give away uncompleted work without written consent.
ICT Advisor undertake not to reproduce an exact copy of the site/solution for another client. Individual elements of coding and similar graphics may be used as desired. ICT Advisor and any 3rd party sourced supplier by us can only transfer copyright to the client to the extent that they own the copyright to transfer it.
WEBSHOPS - Copyright remains with supplier sourced by ICT Advisor unless that supplier provides written details to the client about use of copyright. ICT Advisor advises clients there maybe fees charged for rental of a webshop site and hosting (on an annual basis, automatically renewed each year by 3rd party suppliers sourced for the client. ICT Advisor is aware their supplier source may resell the same design as often as they wish.
MATERIAL and INSTRUCTIONS supplied by client - we shall have no liability as a result of copyright infringement due to the use of material supplied by the client, or instructions given by the client. Any such infringement is wholly the liability of the client.
Third Party Software is subject to license terms and conditions.
Publicity and Acknowledgements - Suppliers used by ICT Advisor shall have an automatic right to use their work for promotion purposes, including but not limited to live demonstrations, printed screen shots and links to the clients site (if available to the general public) from suppliers site. All work produced by suppliers may include (on all screens) a subtle supplier credit with a link to that suppliers website. This is a condition of contract unless agreed differently in writing with that supplier. Copyright of and right to use ICT Advisor work material is subject to credits never being removed without our written consent.
Suitability and Liability
Suitability - The client is responsible for satisfying him/herself that the solution proposed by ICT Advisor.com meets their needs. Written clarification of any points raised will be provided by ICT Advisor.com on request.
Errors and Omissions, including functionality - Whilst ICT Advisor.com make every effort to ensure that our work and those suppliers sourced by us is free from functional errors including errors such as incorrect calculations, displaying wrong data, processing payments incorrectly and such like, the client must satisfy themselves that all functionality and information is correct BEFORE accepting live orders, and the client MUST supply either ICT Advisor.com or the sourced supplier with their own terms and conditions for publication on the site and these conditions must limit the clients liability to their customers as far as the law allows, and the client must check that their terms and conditions are accurately displayed on the site. The client must also perform adequate and regular ongoing audit checks on all functionality and advise either ICT Advisor.com or sourced supplier of any issues as soon as they occur.
Maximum Liability - ICT Advisor.com and sourced suppliers maximum liability under any circumstances whatsoever (other than personal injury or death) shall be to rectify any errors or provide a full refund of monies received at the discretion of either ICT Advisor.com or the sourced supplier. The client shall have unlimited liability to ICT Advisor.com in so far as it fully covers any liability ICT Advisor.com is shown to have (to the client or third parties) as a direct or indirect result of ICT Advisor.com following instructions given by the client or using material provided by the client.
Additional Work and Legislation - ICT Advisor.com may invoice the client for any additional work necessary as a result of the client providing wrong information or materials, or requesting additional functionality or volume (additional content, functional amendments) to that quoted for.
ICT Advisor.com or its supplier source shall have no liability resulting from the software failing to offer any specific function or ability unless the said function or ability is clearly indicated as being present in ours or the sourced suppliers original quotation, or our or sourced suppliers quotation refers to a specification supplied to ICT Advisor.com by the client and such function or ability is clearly and unambiguously detailed in the specification.
ICT Advisor.com or its sourced suppliers shall be entitled to invoice the client for any additional work necessary due to a change in legislation that was not known of at the date of quotation, or where legislation does exist at time of quotation but is either unclear or has not regularly (at time of quote) been used successfully against websites of a similar size, nature of business and functionality. The client must advise ICT Advisor.com or suppliers sourced for projects in advance of quotation of any specific legislation that the site/application must comply with and where such a request is made this fact will be stated clearly in ICT Advisor.com or 3rd party suppliers tender/quotations - and the client must ensure this is the case.
Delivery
ICT Advisor.com and any supplier sourced for projects always quote delivery times based on best estimates at time of quotation with due regard for the amount of work currently on. However, this delivery time is only an estimate and is NOT a fundamental part of the contract unless the quotation clearly guarantees a delivery date, and in that case the guarantee shall only apply if the client has provided all material and information necessary to complete the site within 7 days of the date of the quote or as otherwise stated in the quote.
Changes to Terms and Conditions - ICT Advisor.com may change these terms and conditions at any time (but not retrospectively, and not in respect of any web design and programming work in progress), however should we do so we must send a copy of the new terms to all clients at the "contact" email address info@ictadvisor.com, giving 30 days notice of the change. Should any individual client object to the new terms and conditions then they must advise ICT Advisor.com in writing within 30 days of the above mentioned email being sent. ICT Advisor.com will acknowledge receipt within 48 hours and may (at their discretion) either allow the client to continue under the existing terms, or give 3 months notice of cancellation of the contract during which period the existing terms (other than term) will continue to apply.