Innovative Communication Technology Solutions

Terms & Conditions / Disclaimer

1. Ownership Content

Innovative Communication Technology Solutions retains ownership of all Projects and contents until all payments have been cleared.  Once all payments are cleared the ownership is transferred to the client.  Original creation files such as psd, and swf or images sort from Innovative Communication Technology Solutions themselves will remain the property of Innovative Communication Technology Solutions and will not be given to the Client unless specified in the initial contract. Innovative Communication Technology Solutions Reserves the right to claim all work produced by them as an example of there work and will be allowed to place a small icon on the page produced. Rights to photos, graphics, source code, work-up files, and computer programs are specifically not transferred to the client, and remain the property of Innovative Communication Technology Solutions.

2. Permissions and Copyrights

Innovative Communication Technology Solutions will obtain all needed permissions in relation to graphics, copies, registered company logos, names and trademarks and any other material supplied by the client. 
It is the Client that MUST make sure they are not infringing in any copyright laws when they supply us with such content.  Innovative Communication Technology Solutions receive all permissions from the client and at NO STAGE will be responsible for damages or losses incurred by the client from the use of material for which the required permission or authority has not been obtained. The client hereby authorises Innovative Communication Technology Solutions to publicise their completed web page to Web search engines, as well as other Web directories and indexes if necessary to promote them.
The client represents to ICT Solutions and unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to Innovative Communication Technology Solutions for inclusion in web pages are owned by the client, or that the client has permission from the rightful owner to use each of these elements, and will hold harmless, protect, and defend Innovative Communication Technology Solutions and its subcontractors from any claim or suit arising from the use of such elements furnished by the client.

3. Security and Privacy

Innovative Communication Technology Solutions is not authorised to use Project details for anything other than the intended purpose. Innovative Communication Technology Solutions may not disclose sensitive information to any unauthorized individuals. Innovative Communication Technology Solutions in all aspects tries to ensure that the site is secure and maintainable however if it is compromised at its hosting location, Innovative Communication Technology Solutions will not be responsible.

4. Limitation of Liability

All terms conditions, warranties, undertakings inducements and representations, whether express or implied, statutory or otherwise relating to the provision of services by Innovative Communication Technology Solutions not contained in the Agreement are excluded and Innovative Communication Technology Solutions will not accept liability for any loss or damage (including consequential loss or damage) however caused (whether by negligence or otherwise) which may be suffered or incurred or which may arise directly or indirectly with respect to the service.

5. Payment Terms

Clients must pay for Websites/Programming in full, a 20% deposit is taken before the website is commenced and depending on the size of the project payments will be required at each stage. If it is a small project payment may not be needed until the end.  Ask us if you have any questions.
Quote amendments, Maintenance Packages and other invoices must be paid in full once finally signed of on.  A 5 day grace period may be given to overdue accounts, after that grace period the account will start to incur a 5% late fee which is calculated on a weekly bases.  If payment is refused or not paid in full the service will be suspended and all content will remain the property of Innovative Communication Technology Solutions computers.

6. Full Payment Option

Full payment is required in order to initiate a project unless the Client is approved for a Payment Plan. Amended Quotes will be invoiced separately with the remaining amount due according to our standard Payment Terms (see clause 5).

7. Terminations

Failure to make Payment within 7 days may result in the Termination of the Project. Innovative Communication Technology Solutions reserves the right to remove or withhold Project details or Content until Payment has been confirmed. Innovative Communication Technology Solutions reserves the right to terminate the Project if the Client does not supply required information in a timely manner. If the Project is Terminated, Deposits and Monthly Payments are non-refundable.

8. Cancellations

In order to Cancel a Project, the Client is required to Provide INNOVATIVE COMMUNICATION TECHNOLOGY SOLUTIONS with a signed Project Cancellation Form. If a Client on a Full Payment Option Cancels the Project, Innovative Communication Technology Solutions is entitled to full payment for all tax invoices that have been submitted to the Client. If a Client on a Monthly Payment Plan Option decides to cancel a Project, the Client is required to pay the remainder of the Monthly Payment Plan via a Buyout Option. The Buyout fees must be paid in full within 14 days of Cancellation. The Client’s Innovative Communication Technology Solutions account must be at a balance of nil, otherwise Ownership of the Website Bundle will not be transferred to the Client.

9. Estimates

Estimates are given on preliminary investigation of the Project and are based on a Standard Hourly Rate. Estimates are not Quotes and are not Final.

10. Quotes and Amendments

Quotation issued to Client is final. Additional fees and responsibilities must be agreed upon Client in writing prior to Project completion. Without written approval from Client, Innovative Communication Technology Solutions is not authorized to apply additional fees after Quotation has been signed. Innovative Communication Technology Solutions will not commence work on Additional Services until written approval from Customer has been obtained via a Quote Amendment. Amended Quotes require signatures of the Client and an authorized Innovative Communication Technology Solutions representative in order to be true, accurate and enforceable.

11. Project Initiation and Stage Completion Format

Innovative Communication Technology Solutions is not expected to begin Project until all information vital to Project Completion has been supplied by Client and Deposit or 1st Monthly Payment has been received and cleared. Clients are expected to provide all necessary information and feedback in a timely manner. Delayed Client response will result in a delayed Stage Completion. As a result completion dates will not be guaranteed. Clients must provide all information (text, imaged, etc) in electronic format; otherwise Innovative Communication Technology Solutions will charge a fee to commit information to electronic format.

The client must acknowledge and accept the following Stage Completion Format:
Stage One: The website draft(s) are presented to the Client and is either accepted or declined via a Stage Completion Form. If requested the draft is edited to suit Client requests. In the event that a draft or mock up is given prior to quote signing, the following processes are in full effect.

Stage Two: The approved draft is sliced / optimized and layout adjustments are completed to form a template for all website pages. All security measures are implemented. Additional graphical layout elements, such as headlines or backgrounds, will be inserted. Dynamic and Animated Menus will be developed and implemented. Minor modifications such as resizing, font replacement and object placement adjustments are still accepted during this stage. However re-designs or complete layout adjustments are not acceptable without appropriate fees having been charged. The Client must sign a Stage Completion Form before proceeding to the next stage.

Stage Three: The website template is now converted into the remaining website pages. Text, web elements and images will be inserted exactly as they are received; spell checking is the Client’s responsibility. The website will be uploaded to a temporary location for testing purposes; the Client is required to check that the website is functioning properly before signing the Stage Completion Form. At this stage, no further design modifications will be allowed without appropriate upgrade fees being applied and accepted to the client’s account. Once approved, any further text adjustments will be considered maintenance. Design changes are not acceptable and if requested will be considered re-design or maintenance depending on level of complexity.

Uploading the Website: After final approval, Innovative Communication Technology Solutions will begin the final stage of preparing the website for web space upload, this may include further optimizing and file organization / cleanup. If the Client is on a Full Payment Option, the website project will not be uploaded to the client’s web space until the client’s account balance with Innovative Communication Technology Solutions is nil. Once the Client has fulfilled Payment Terms and all Payments have been cleared, the client has full ownership of the website or website bundle inclusions; however Innovative Communication Technology Solutions always reserves the right to claim the design as an example of work. Innovative Communication Technology Solutions is required to complete Project within a timely manner. However, Innovative Communication Technology Solutions can not guarantee a Completion date. Clients are expected to provide all information and feedback in a timely manner. Delayed Client response will result in delayed Project Completion. As a result, completion dates are not guaranteed. Clients will recognize the possibility of unforeseen circumstances causing a delay in Completion. If unforeseen issues arise, Innovative Communication Technology Solutions must notify Client of Project Completion Delay.

12. Alterations

Innovative Communication Technology Solutions will not accept any responsibility for any alterations performed by either the Client or a third party which cause errors in the Project. Such alterations include, but are not limited to, additions, modifications or deletions. If Innovative Communication Technology Solutions is required to correct any errors resulting from such alterations; the Client will be charged the Quoted hourly rate.

Changes to Submitted Text. Please send us your final text. Time required to make substantive changes to client-submitted text after the web pages have been constructed will incur  additional charges.

13. Content Errors or Misuse

Innovative Communication Technology Solutions will use all due care to ensure Project work is free of errors. Innovative Communication Technology Solutions will correct any errors made by Innovative Communication Technology Solutions free of charge. Innovative Communication Technology Solutions will not accept responsibility for typos or spelling errors that are present in the information submitted by the Client. Innovative Communication Technology Solutions is not Liable for the Client’s Misuse of Project

14. Emergency Fees

Emergency fees are applicable if immediate action is requested by client. An Emergency fee is equal to the standard hourly rate and is not subject to discounts. Double emergency fee is equal to twice the standard hourly rate. Emergency fees are required to be paid immediately following completion of work, unless other arrangements have been made.

15. Information Submission

Client is required to submit all information required for the development of the website in electronic format. If client fails to submit information in electronic format, Innovative Communication Technology Solutions will charge the standard hourly rate to commit information to electronic format. Information will be entered in accordance with and exactly as it what has been submitted by the Client.

16. Subcontractors

Innovative Communication Technology SOLUTIONS reserves the right to assign subcontractors to this project if demand requires. All subcontractors are required to adhere to the subcontractor Agreement.

17. Internet Services

Innovative Communication Technology Solutions may provide assistance to the Client in obtaining Internet related services such as, Domain Names, Web Hosting, Internet Access and Email Services. However, Innovative Communication Technology Solutions cannot be held responsible for delays or problems resulting from these services. If you have a critical application my advice would be to find a company that offers you insurance as Innovative Communication Technology Solutions does not accept responsibility of any issues that may arise causing down time or issues to your company.

18. Website Maintenance

Innovative Communication Technology Solutions Website Maintenance Packages are based on a Standard Hourly Rate and are only available via by pre-purchase. Website Maintenance includes minor design corrections, content additions / modifications and file transfers. Website Maintenance does not include complete site re-designs.

19. Innovative Communication Technology Solutions Hosting

Innovative Communication Technology Solutions Hosting is a product of. Innovative Communication Technology Solutions will not accept responsibility for loss of data.  It is the clients responsibility to have their website once finalised at a backup location of there own.  Innovative Communication Technology Solutions will gladly put the contents onto CD for the client.  If the client chooses to cancel their hosting services, a written cancellation request must be received via fax or email. If the client is paying monthly, the current month must be paid; cancellation will not commence until payment has been received. If the client is paying yearly, all fees are paid in advance and are non-refundable.  Unpaid accounts will be result in the deletion of data from our server; Innovative Communication Technology Solutions will not accept responsibility for loss of data and will provide a backup of data. Innovative Communication Technology Solutions cannot be held responsible for any down time as the hosting solutions as no Guaranteed SLA associated with it.

20. Laws Affecting Electronic Commerce.

From time to time governments enact laws and levy taxes and tariffs affecting Internet electronic commerce. The client agrees that the client is solely responsible for complying with such laws, taxes, and tariffs, and will hold harmless, protect, and defend Innovative Communication Technology Solutions and its subcontractors from any claim, suit, penalty, tax, or tariff arising from the client's content or page information.

21. Sole Agreement.

The agreement contained, constitutes the sole agreement between Innovative Communication Technology Solutions and the client regarding this web page. Any additional work not specified in this contract must be authorized by a written change order. All prices specified in this agreement will be honoured for the total period. Continued services after that time will require the acceptance of the current terms and conditions.

22. General

If any of these terms and conditions (or part of them) is void or unenforceable, it is taken to be removed and no longer forms part of the Agreement between us. The remaining terms and conditions remain in full force and effect. Innovative Communication Technology Solutions reserves the right to change or revise our terms and conditions at any time. However, Client must adhere to the terms and conditions that were valid during the term of their project. However the Client is responsible for their copy of this terms and conditions agreement and must be presented at time of dispute or when making a claim on services, otherwise they are not valid. Innovative Communication Technology Solutions reserves the right to change the Standard Hourly Rate or Package Prices at any time.