idea-mine.com : Standard Terms and Conditions

1.1 The Seller shall sell and Buyer shall purchase the Goods in accordance with any quotation or offer of the Seller which is accepted by the Buyer, or any order of the Buyer which is accepted by the Seller, subject in either case to these Conditions, which shall govern the Contract to the exclusion of any other terms and conditions subject to which any such quotation is accepted or purported to be accepted, or any such order is made or purported to be made, by the Buyer.

2. Basis of Sale

2.1 The Seller’s employees or agents are not authorised to make any representations or claims concerning the Goods unless confirmed by the Seller in writing. In entering into the Contract the Buyer acknowledges that it does not rely on, and waives any claim for breach of, any such representations which are not so confirmed.

2.2 No variation of these Conditions shall be binding unless agreed in writing between the authorised representations of the Buyer and the Seller.

2.3 Sales literature, price lists and other documents issued by the Seller in relation to the Goods are subject to alteration without notice and do not constitute offers to sell Goods that are capable of acceptance. An order placed by the Buyer may not be withdrawn cancelled or altered prior to acceptance by the Seller has issued a quotation which is expressed to be an offer to sell the Goods; or has accepted an order placed by the Buyer, by whichever is the earlier of:-

2.3.1 the Seller’s written acceptance;
2.3.2 delivery of the Goods; or
2.3.3 the Seller’s invoice.

2.4 Any typographical, clerical or other accidental errors or omissions in sales literature, quotation, price list, acceptance of offer, invoice or other document or information issued by the Seller shall be subject to correction without any liability on the part of the Seller.

3. Orders and Specifications

3.1 No order submitted by the Buyer shall be deemed to be accepted by the Seller unless and until confirmed in writing by an authorised representative of the Seller.

3.2 The specification for the Goods shall be those set out in the Seller’s sales documentation.

3.3 The Seller reserves the right to make changes in the specification of the Goods.

3.4 No order which has been accepted by the Seller may be cancelled by the buyer except with the agreement in writing of the seller and on terms that the Buyer shall indemnify the Seller in full against all loss (including loss of profit), costs (including the cost of all labour and materials used), damages, charges and expenses incurred by the Seller as a result of cancellation.

4. Price of the Goods

4.1 The price of the Goods shall be the price listed in the Seller’s published price list current at the date of acceptance of the Buyer’s order or such other price as may be agreed in writing by the Seller and the Buyer.

4.2 Where the seller has quoted a price for the Goods other than in accordance with the Seller’s published price list the price quoted shall be valid for Length of Time Price List remains valid only or such other time as the Seller may specify.

4.3 The price is exclusive of any applicable value added tax excise, sales or taxes or levies of a similar nature which are imposed or charged by any competent fiscal authority in respect of the Goods, which the Buyer shall be additionally liable to pay to the Seller.

4.4 Increase in pricinng and timeline

The Timeline and the Cost may increase for the standard packages if you :

1. Require us to communciate with any 3rd party consultant or organization is required
2. Require us to do any sort of programming work
3. Do not provide your design expectations such as colors, logo, or layout before we begin work, or if you change your mind frequently
4. Require us to change the page layout after approval of design
5. Require complicated database or Javascript elements like shopping carts, slide shows, news scripts, content management area etc
6. Require complicated graphics elements like flash, animation etc
7. Do not provide content of the website on time and in digital format
8. Do not communicate properly or delays responses to questions and feedback asked by project manager

In case of a redesign the Timeline and Cost may increase from the standard package if:

1. Websites created using FrontPage Themes or FrontPage Shared Borders.
2. Websites that are "framed" that need to be "de-framed".
3. Compatibility issues with most major browsers - the website needs to be made more browser-friendly.
4. Websites with too much information on one page that needs to be split into several pages.
5. Websites that need pages combined.
6. Websites that need extensive updating to make the site more accurate.
7. Websites that need more than a few pictures replaced.
8. Websites that are copyrighted and need to be redesigned to satisfy the copyright. If a website is copyrighted in a company's name other than your own, we need to have written notice that the copyright has been released.
9. We will do our best to accommodate and work with third party companies (your graphic designer, hosting company, consultant, etc.), but reserve the right to charge more if the communication with the third party becomes time-consuming or non-productive.

5.1 Subject to any special terms agreed in writing or published on the web site the Seller, the Seller shall invoice the buyer for the net sum due to the goods on or at any time after dispatch of the Goods.

5.2 The Buyer shall pay the price of the Goods on the payment date started in the Contract or if no express provision for the time of payment is contained in the Contract within 14 days after the date of invoice notwithstanding the delivery may not have taken place and/or that the property in the Goods has not passed to the Buyer. The time of payment of the price shall be of the essence of the Contract. Receipts for payment will be issued only upon request.

5.3 Except as expressly provided in these Conditions, the Seller shall not be liable to the Buyer by reason of any representation, or any implied warranty, condition or other term, or any duty at common law or under statute, or under the express terms of the Contract, for any direct or consequential loss or damage sustained by the Buyer (including, without limitation, loss of profit or indirect or special loss), costs, expenses or other claims for consequential compensation whatsoever (and whether caused by the negligence of the Seller, its servants or agents or otherwise) which arise out of or in connection with the supply of Goods or their use or resale by the Buyer.

5.4 The Buyer shall ensure that, except to the extent that instructions as to the use or sale of the Goods are contained in the packaging or labelling of the Goods, any use or sale of the Goods by the Buyer is in compliance with all applicable statutory and other regulatory requirements and that the storage and handling of the Goods by the Buyer is carried out in accordance with directions given by the Seller or any component governmental or regulatory authority and the Buyer will indemnify the Seller against any liability loss or damage which the Seller might suffer as a result of the Buyer’s failure to comply with this condition.

6. Buyer’s Default

6.1 If the Buyer fails to make any payment of the due date then, without prejudice to any other right or remedy available to the Seller, the Seller shall be entitled to:-

6.1.1 cancel the order or suspend any further deliveries to the Buyer;

6.1.2 appropriate any payment made to the Buyer to such of the Goods (or the goods supplied under any other contract between the Buyer and the Seller) as the Seller may think fit (notwithstanding any purported appropriation by the Buyer)

6.1.3 charge the Buyer interest (both before and after any judgement) on the amount unpaid, at the rate of 3 per cent per annum above Midland Bank (or such other bankers as the Seller may notify) base rate from time to time, until payment in full is made (a part of a month being treated as full month for the purposed of calculating interest); and

7. General

7.1 The Buyer may not assign the benefit of the Contract without the written consent of the Seller.

7.2 The Contract shall be governed by the laws of England.

7.3 The Uniform Laws on the International Sale of Goods laid down in the 1980 United Nations Convention shall not apply unless expressly agreed between the parties in writing.

7.4 Software provided to the client by idea-mine.com is on a licence basis. All copyright, intellectual, properties remain the property of idea-mine.com. The client is not allowed to produce copies of the software, except one (1) copy for back up purposes. The client acknowledges that idea-mine.com will not be liable for any damage to the clients computer system.

7.5 Software support is at the absolute discretion of idea-mine.com.

7.6 idea-mine.com provides a risk free guarantee on all web sites designed. If the buyer is not satisfied with the final result for whatever reason, he has the right to a complete refund of any monies paid

8. Money Back Policy

8.3 Domain names - Domain names are non refundable as they are purchased directly from registrars who do not accept cancellations.

8.4 Search Engine Optimisation - Are not refundable once optimisation has begun.

8.5 Web Design - Once the layout has been accepted the money back gurantee is void

8.6 Delays - The money back guarantee is void if there is a delay in communication or providing the materials.

9. Delivery

idea-mine.com will endeavour to deliver the finished web site within the timeframe of the package in question to the necessary information being obtained from the customer. If your order is urgent we would be happy to fast track that order. Similarly if you wish to take more time completing your web site we are happy to work at your pace. We would expect the web site to take a maximum of forty five days after which can cancel the project or reschedule it with lower priority.

Last Updated: 1st February'2005