STANDARD TERMS
The following terms and conditions apply to all services provided by In The Eye Media Ltd to the Client.
Last updated: 05.09.2024
It is not necessary for any Client to have signed an acceptance of these terms and conditions for them to apply. If a Client accepts a quote then the Client will be deemed to have satisfied themselves as to the terms applying and have accepted these terms and conditions in full.
Please read these terms and conditions carefully. Any purchase or use of our services implies that you have read and accepted our terms and conditions.
In The Eye Media Ltd reserves the right to change or amend these terms and conditions during your contractual period with us. There will be no more than one change per month & you will be notified within 5 working days prior to the change taking effect. If you do not provide confirmation in writing that you’re unhappy with the new Terms & Conditions within 5 working days we will assume you are happy with the changes and you will be bound by then contractual.
Charges for services to be provided by In The Eye Media Ltd are defined in the project quotation that the Client receives via e-mail and/or in writing. Quotations are valid for a period of 30 days. In The Eye Media Ltd reserves the right to alter or decline to provide a quotation after expiry of the 30 days.
Unless agreed otherwise with the Client, all website design services require an advance payment of a minimum of fifty (50) percent or £500+VAT, whichever is greater, of the project quotation total before the work is supplied to the Client for review with the remaining fifty (50) percent, or quotation – £500+VAT deposit, of the project quotation total due upon completion of the work, or after 31 days from the initial payment, whichever is sooner, prior to upload to the server or release of materials.
Payment for services is due by cash, direct debit or bank transfer. The Client consents to In The Eye Media Ltd to process payment with details if the Client provides at the point of sale. In The Eye Media Ltd reserves the right to set up a direct debit on behalf of the Client if necessary with details provided at the point of sale prior to completion of project. Bank details will be made available on invoices.
In The Eye Media Ltd will provide the Client with an opportunity to review the appearance and content of the website during the design phase and once the overall website development is completed. At the completion of the project, such materials will be deemed to be accepted and approved unless the Client notifies In The Eye Media Ltd otherwise within ten (10) days of the date the materials are made available to the Client.
In The Eye Media Ltd will install and publicly post or supply the Client’s website by the date specified in the project proposal, or at date agreed with Client upon In The Eye Media Ltd receiving initial payment, unless a delay is specifically requested by the Client and agreed by In The Eye Media Ltd.
In return, the Client agrees to delegate a single individual as a primary contact to aid In The Eye Media Ltd with progressing the commission in a satisfactory and expedient manner.
During the project, In The Eye Media Ltd will require the Client to provide website content; text, images, movies and sound files etc. to populate the website.
In The Eye Media Ltd is a small business, to remain efficient we must ensure that work we have programmed is carried out at the scheduled time. On occasions we may have to reject offers for other work and enquiries to ensure that your work is completed at the time arranged.
This is why we ask that you provide all the required information at least one (1) week prior to the agreed completion date. On any occasion where progress cannot be made with your website because we have not been given the required information in the agreed time frame, and we are delayed as a result, we reserve the right to impose a surcharge of up to 25%. If your project involves Search Engine Optimisation we need the text content for your site agreed in advance so that the SEO can be planned and completed efficiently.
If you agree to provide us with the required information and subsequently fail to do before the agreed time, one (1) week prior to the project completion date we reserve the right to close the project and the balance remaining becomes payable immediately or outsource materials required incurring additional charges to the Client without prior agreed consent up to the value of £1,000.00+VAT; Simply put, all the above condition says is do not give us the go ahead to start until you are ready to do so.
In The Eye Media Ltd agree to make periodical updates to any sites commissioned and hosted by In The Eye Media Ltd. This is subject to a fair usage clause. In The Eye Media Ltd reserve the right to refuse to update websites if such requests exceed 3 hours of development time per site per annum. Or alternatively, we may provide a separate quotation for such work which will be agreed with the Client on a separate order.
NOTE: Text content should be delivered as a Apple Pages, Microsoft Word, pdf file, email (or similar) document with the pages in the supplied document representing the content of the relevant pages on your website. These pages should have the same titles as the agreed website pages. Contact us if you need clarification on this.
If you are commissioning a CMS website you will be provided with a content management system so that you are able to keep your content up to date yourself.
Invoices will be provided by In The Eye Media Ltd upon completion but before publishing the live website. Invoices are normally sent via email; however, the Client may choose to receive hard copy invoices. Invoices are due upon receipt. Accounts that remain unpaid thirty (30) days after the date of the invoice will be assessed a service charge in the amount of the higher of twenty percent (20%) or £30+VAT per month of the total amount due, whichever is greater.
Client agrees to reimburse In The Eye Media Ltd for any additional expenses necessary for the completion of the work. Examples would be purchase of special fonts, stock photography, plugins etc. This payment will be required prior to the purchase of the additional required materials. This budget, unless stated otherwise will be no greater than fifty pounds (£50.00+VAT).
In The Eye Media Ltd makes every effort to ensure websites are designed to be viewed by the majority of visitors. Websites are designed to work with the most popular current browsers (e.g. Firefox, Microsoft Edge, Google Chrome, etc.). The client agrees that In The Eye Media Ltd cannot guarantee correct functionality with all browser software across different operating systems.
In The Eye Media Ltd cannot accept responsibility for web pages which do not display acceptably in obsolete version or new versions of browsers released after the website have been designed and handed over to the Client. As such, In The Eye Media Ltd reserves the right to quote for any work involved in changing the website design or website code for it to work with updated browser software.
Accounts unpaid thirty (30) days after the date of invoice will be considered in default. If the Client in default maintains any information or files on In The Eye Media Ltd’s Web space, In The Eye Media Ltd will, at its discretion, remove all such material from its web space. In The Eye Media Ltd is not responsible for any loss of data incurred due to the removal of the service. Removal of such material does not relieve the Client of the obligation to pay any outstanding charges assessed to the Client’s account. Cheques returned for insufficient funds will be assessed a return charge of £50+VAT and the Client’s account will immediately be considered to be in default until full payment is received. Clients with accounts in default agree to pay In The Eye Media Ltd reasonable expenses, including legal fees and costs for collection by third-party agencies, incurred by In The Eye Media Ltd in enforcing these Terms and Conditions.
Termination of services by the Client must be requested in a written notice or email and will be effective on receipt of such notice. Telephone requests for termination of services will not be honoured until and unless confirmed in writing or email. The Client will be invoiced for design work completed to the date of first notice of cancellation for payment in full within thirty (30) days.
We must be notified within 30 days of the intention to cancel the contract approaching the expiry date. If the Client doesn’t notify In The Eye Media Ltd that they intent to terminate the contract then it will automatically renew on the same terms to ensure your continuity of service. The Client should keep a record of reminders of their contract as In The Eye Media Ltd have no obligation to remind you of this fact.
All In The Eye Media Ltd services may be used for lawful purposes only. You agree to indemnify and hold In The Eye Media Ltd harmless from any claims resulting from your use of our service that damages you or any other party.
The Client understands that all creative content produced by In The Eye Media Ltd remains the intellectual property, and copyrighted to In The Eye Media Ltd. The Client must obtain permission and rights to use any information or files that are copyrighted by a third party. The Client is further responsible for granting In The Eye Media Ltd permission and rights for use of the same and agrees to indemnify and hold harmless In The Eye Media Ltd from any and all claims resulting from the Client’s negligence or inability to obtain proper copyright permissions. A contract for website design and/or placement shall be regarded as a guarantee by the Client to In The Eye Media Ltd that all such permissions and authorities have been obtained. Evidence of permissions and authorities may be requested.
The Client will retain ownership of any design work that is produced by In The Eye Media Ltd. However, a nominal fee of £150.00+VAT will be charged to transfer a website out.
Unless otherwise specified in the project quotation, this agreement assumes that any text will be provided by the Client in electronic format (text files delivered on USB drive or via e-mail or FTP) and that all photographs and other graphics will be provided in .gif, .jpeg, .png or .tiff format. Although every reasonable attempt shall be made by In The Eye Media Ltd to return to the Client any images or printed material provided for use in creation of the Client’s website, such return cannot be guaranteed.
A link to In The Eye Media Ltd will appear in either small type or by a small graphic at the bottom of the Client’s website. If a graphic is used, it will be designed to fit in with the overall site design. If a client requests that the design credit be removed, a nominal fee of 50% of the total development charges will be applied. The Client also agrees that the website developed for the Client may be presented in In The Eye Media Ltd’s portfolio and throughout our social media profiles.
If the Client’s website is to be installed on a third-party server, In The Eye Media Ltd must be granted temporary read/write access to the Client’s storage directories which must be accessible via FTP. Depending on the specific nature of the project, other resources might also need to be configured on the server.
In The Eye Media Ltd cannot accept responsibility for any alterations caused by a third party occurring to the Client’s pages once installed. Such alterations include, but are not limited to additions, modifications or deletions.
In The Eye Media Ltd can purchase domain names on behalf of the Client. Unless the Client has approached us with ownership of a Domain Name then this will be done and we will remain rightful owners of the Domain Name unless agreed otherwise. In The Eye Media Ltd have the responsibility for payment & renewal on the Domain Names on the condition the Clients account hasn’t defaulted on payments and is up-to-date with payments. In the unlikely event of non-payment for ongoing services In The Eye Media Ltd reserve the right to cancel the Domain Name and withdraw obligation to renew/make payments to the Domain Registrar. The loss, cancellation or otherwise of the domain brought about by non or late payment by the client is not the responsibility of In The Eye Media Ltd. The Client should keep a record of the due dates for payment to ensure that payment is received in good time.
These Terms and Conditions supersede all previous representations, understandings or agreements. The Client’s acceptance via email, text or payment of an advance fee constitutes agreement to and acceptance of these Terms and Conditions. Payment online is an acceptance of our terms and conditions.
This Agreement shall be governed by English Law.
In The Eye Media Ltd hereby excludes itself, its Employees and or Agents from all and any liability from:
The entire liability of In The Eye Media Ltd to the Client in respect of any claim whatsoever or breach of this Agreement, whether or not arising out of negligence, shall be limited to the charges paid for the Services under this Agreement in respect of which the breach has arisen.
In the event any one or more of the provisions of this Agreement shall be held to be invalid, illegal or unenforceable, the remaining provisions of this Agreement shall be unimpaired and the Agreement shall not be void for this reason alone. Such invalid, illegal or unenforceable provision shall be replaced by a mutually acceptable valid, legal and enforceable provision, which comes closest to the intention of the parties underlying the invalid clause.
If payment by direct debit is not received by In The Eye Media Ltd on the due date for any reason, or if a direct debit payment is returned by the bank because of insufficient funds or anything other reason, the Client will incur a late payment surcharge. The Surcharge will be £10+VAT or 3% of the transaction (whichever is greater) for each failed or late direct debit transaction. This fee reflects the administrative costs In The Eye Media Ltd incurs due to late or failed payments.
It is the responsibility of the Client to ensure that there are sufficient funds in the account to cover the direct debit payment and that all account details are kept up to date to avoid such surcharges.
This privacy policy sets out how In The Eye Media Ltd uses and protects any information that you give In The Eye Media Ltd when you use this website.
In The Eye Media Ltd is committed to ensuring that your privacy is protected. Should we ask you to provide certain information by which you can be identified when using this website, then you can be assured that it will only be used in accordance with this privacy statement.
In The Eye Media Ltd may change this policy from time to time by updating this page. You should check this page from time to time to ensure that you are happy with any changes. This policy is effective from 26/12/23.
What we collect
We may collect the following information:
What do we do with the information we gather?
We require this information to understand your needs and provide you with a better service, in particular for the following reasons:
Security
We are committed to ensuring that your information is secure. To prevent unauthorised access or disclosure, we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect online.
How we use cookies
A cookie is a small file which asks permission to be placed on your computer’s hard drive. Once you agree, the file is added and the cookie helps analyse web traffic or lets you know when you visit a particular site. Cookies allow web applications to respond to you as an individual. The web application can tailor its operations to your needs, likes and dislikes by gathering and remembering information about your preferences.
We use traffic log cookies to identify which pages are being used. This helps us analyse data about web page traffic and improve our website to tailor it to customer needs. We only use this information for statistical analysis purposes and then the data is removed from the system.
Overall, cookies help us provide you with a better website, by enabling us to monitor which pages you find useful and which you do not. A cookie in no way gives us access to your computer or any information about you, other than the data you choose to share with us.
You can choose to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. This may prevent you from taking full advantage of the website.
Links to other websites
Our website may contain links to other websites of interest. However, once you have used these links to leave our site, you should note that we do not have any control over that other website. Therefore, we cannot be responsible for the protection and privacy of any information which you provide whilst visiting such sites and such sites are not governed by this privacy statement. You should exercise caution and look at the privacy statement applicable to the website in question.
Controlling your personal information
You may choose to restrict the collection or use of your personal information in the following ways:
We will not sell, distribute or lease your personal information to third parties unless we have your permission or are required by law to do so. We may use your personal information to send you promotional information about third parties which we think you may find interesting if you tell us that you wish this to happen.
You may request details of personal information which we hold about you under the Data Protection Act 1998. A small fee will be payable. If you would like a copy of the information held on you please write to 3 Caxton Road, Fulwood, Preston, PR2 9NZ.
If you believe that any information we are holding on you is incorrect or incomplete, please write to or email us as soon as possible at the above address. We will promptly correct any information found to be incorrect.
This website and its content are protected by copyright laws. All rights reserved.
The content of this website, including but not limited to text, graphics, images, logos, and software, is the property of In The Eye Media Ltd or its content suppliers and is protected by the United Kingdom and international copyright laws.
You may not reproduce, distribute, publish, display, modify, create derivative works from, or exploit in any way the content of this website without the prior written consent of In The Eye Media Ltd.
You may download, print, and store limited copies of the content of this website for your personal, non-commercial use, provided that you do not alter or remove any copyright, trademark, or other proprietary notices.
Any unauthorized use of the content of this website may violate copyright laws, trademark laws, and other laws. In The Eye Media Ltd reserves the right to take legal action against any unauthorised use of the content of this website.
This website, www.portfolio.intheeye.uk, uses cookies to improve your browsing experience and to help us understand how users interact with our site. This Cookies Policy explains what cookies are, how we use cookies, and how you can manage your cookie preferences.
What are cookies?
Cookies are small text files that are stored on your device when you visit a website. They are widely used to make websites work, or work more efficiently, as well as to provide information to the owners of the site.
How we use cookies
We use cookies for a variety of purposes, including:
Cookies that we use
We use the following types of cookies on our website:
Managing your cookie preferences
Most web browsers allow you to manage your cookie preferences. You can set your browser to accept all cookies, to block certain types of cookies, or to block all cookies. You can also set your browser to alert you when a website tries to set a cookie.
Please note that if you block or delete cookies, some features of our website may not work properly.
For more information about managing your cookie preferences, please refer to the help section of your browser or visit www.aboutcookies.org.
This website is operated by In The Eye Media Ltd (the “Website”). By using the Website, you agree to be bound by these Terms of Use (the “Terms”). If you do not agree to these Terms, please do not use the Website.
The Website is intended for your personal, non-commercial use. You may not use the Website for any illegal or unauthorized purpose. You may not use the Website in a way that could damage, disable, overburden, or impair the Website or interfere with any other party’s use of the Website.
The content of the Website, including but not limited to text, graphics, images, logos, and software, is the property of In The Eye Media Ltd or its content suppliers and is protected by the United Kingdom and international copyright laws. You may not reproduce, distribute, publish, display, modify, create derivative works from, or exploit in any way the content of the Website without the prior written consent of In The Eye Media Ltd.
The Website is provided on an “as is” and “as available” basis. In The Eye Media Ltd makes no representations or warranties of any kind, express or implied, as to the operation of the Website or the information, content, materials, or products included on the Website. In The Eye Media Ltd will not be liable for any damages of any kind arising from the use of the Website, including but not limited to direct, indirect, incidental, punitive, and consequential damages.
In The Eye Media Ltd will not be liable for any damages of any kind arising from the use of the Website, including but not limited to direct, indirect, incidental, punitive, and consequential damages.
In The Eye Media Ltd reserves the right to modify these Terms at any time without notice. Your continued use of the Website after any such modification constitutes your acceptance of the modified Terms.
These Terms and your use of the Website will be governed by and construed in accordance with the laws of England and Wales, without giving effect to any principles of conflicts of law.
This website (the “Website”) is provided by In The Eye Media Ltd on an “as is” and “as available” basis. In The Eye Media Ltd makes no representations or warranties of any kind, express or implied, as to the operation of the Website or the information, content, materials, or products included on the Website.
In The Eye Media Ltd will not be liable for any errors or omissions in the content of the Website, or for any actions taken in reliance on the information provided on the Website. In The Eye Media Ltd will not be liable for any damages of any kind arising from the use of the Website, including but not limited to direct, indirect, incidental, punitive, and consequential damages.
In The Eye Media Ltd does not warrant that the Website will be available at all times or that the Website or any content will be error-free. In The Eye Media Ltd reserves the right to modify, suspend, or discontinue the Website or any content at any time without notice.
The content of the Website is provided for general information purposes only and is not intended to be a substitute for professional advice. You should always seek the advice of a qualified professional before making any decisions based on the information contained on the Website.
This website uses cookies to improve your browsing experience and to help us understand how users interact with our site. By continuing to use this website, you consent to the use of cookies. You can find out more about the cookies we use and how to manage them in our Privacy Policy & Cookie Policy.