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Terms of business

Intuitiv Limited (Intuitiv) is registered in England and Wales with company number 02963993 and VAT registration number GB603998219.

Responsibilities

Intuitiv agrees to deliver the requested work in a timely manner and shall conform to the standards as agreed in the contract document. Intuitiv charges for work based on time, so any changes to the contract document once work has commenced, may result in changes to the estimated fees previously quoted. In particular cases, where a job requires work beyond our normal business hours or turnaround time, additional fees may be incurred over and above our standard costs. The Client also understands that services, which are halted after a job has begun, will be billed on the basis of what has been completed to date. Where work is performed by other parties as designated by the Client, Intuitiv cannot be held liable for their performance, although Intuitiv shall make its best effort to work with these other parties.

Ownership

The Client understands that all files, web pages, graphics and programming work, except those provided by themselves, are the property of Intuitiv until all fees are paid in full, at which time the Client retains ownership. In the case of any programming (development) work, which includes shopping carts, database programs and the like, the Client understands that they do not have any rights to duplicate, resell or give away any programs created by Intuitiv. Programs created by Intuitiv may not be used on other websites unless purchased by the Client outright.

Copyright

All work performed by Intuitiv is copyrighted by Intuitiv. The Client understands that they have rights only to web publication. Any other reproduction by means of printing and/or transferring to other media may be considered copyright infringement. Copyrights may be purchased outright by the Client or subject to limited use. The Client also understands that all works, expressly marked or not, are protected by copyright laws. Intuitiv will take no responsibility for ensuring material supplied by the Client has been authorised for reproduction. The Client further warrants that they either own or have properly licensed/obtained copyright(s) or copyright permission to any work which they have supplied for use/reproduction, and the Client agrees to assume full legal and financial responsibility for any copyright suit or action which may take place regarding materials they have supplied.

Proofreading

Intuitiv’s responsibility for typographical, pricing, or other errors shall be strictly limited to correcting such errors if they are pointed out to us during timely proofreading and site testing. It is the Client’s responsibility to proofread all work and to ensure that it is (a) satisfactory, (b) correct as to size, content etc, (c) suitable for intended use, and (d) within proper copyright and other restrictions before the website is opened to the public.

Offensive or libellous material

The Client will not use the website, nor any other service provided by Intuitiv to publish any material that may be construed as defamatory, offensive or libellous to any other third party. Intuitiv shall not be held liable for any material published through its services. Intuitiv maintains full indemnity from any claims arising from any defamatory, obscene material, or any other breach of rights on the Client’s sites. The Client is fully responsible the content of their website, and any other data transmitted through Intuitiv’s services, and Intuitiv will not undertake to monitor or control Client data in respect to any content therein. Furthermore, the Client agrees to indemnify Intuitiv in respect of any claims brought against Intuitiv arising from the content of their website or use of any other services, whether it be for defamatory comments, infringements of rights, or any other offence.

Loss of earnings

Intuitiv will not be held liable for any loss of business incurred due to the failure of any of its services or developments. This includes, but is not restricted to, loss of turnover, sales, revenue, profits or indirect consequential or special loss. By special arrangement, Intuitiv can selectively offer a Service Level Agreement on its hosting services only. This is explicitly limited to reimburse the Client for any website hosting charges paid to Intuitiv for failed hosting services only, strictly on a pro-rata basis for the duration of the failure. No other claims will be entertained. Intuitiv will not be held responsible for the fraudulent use, or any other misuse, of any material held on our computers or systems, in particular any credit/debit card or any other financial/account information held thereon.

Portfolio

To maintain our portfolio credentials, and the integrity of any applicable copyrights, Intuitiv maintains the right to place a small logo on the Client’s website which will link back to Intuitiv’s website. Intuitiv also maintains the right to reproduce the Client’s website in our portfolio and in any marketing materials.

Charging and renewing hosting contracts

Domain name and website hosting contracts are charged out by Intuitiv on a per annum basis. Should a Client wish to transfer hosting of either a domain name or website to an alternative ISP at any time, Intuitiv are happy to do so subject to the account being fully paid up to the date of the transfer request, and a formal transfer request being lodged by an authorised Client contact. Please note that Intuitiv automatically renew all domain names as they expire, so should a Client not wish to renew a domain name, and avoid a new annual hosting charge, then they must alert Intuitiv to this fact before the expiry of the existing contract. The same also applies to website hosting.

Insecure or end-of-life (EOL) software

Intuitiv reserves the right to terminate the hosting services for any website or application found to contain software that is deemed insecure or has reached end-of-life (EOL) support. Software is considered insecure if it is found to have vulnerabilities that could compromise the security, integrity, or availability of the hosted website, its data, or any other applications within its hosting environment. Software is considered to have reached EOL if the original vendor or developer no longer provides support, security updates, or patches for the software. Upon identifying insecure or EOL software on a hosted website, Intuitiv will notify the Client in writing, detailing the specific software and the associated risks. Where this is an Intuitiv developed application, Intuitiv will provide a quotation to upgrade or remedy the vulnerabilities discovered. The Client will have a period of 30 days from the date of notification to agree to replace or upgrade the insecure or EOL software to a secure and supported version to an agreed timescale. Intuitiv reserves the right to immediately suspend, terminate or restrict hosting services without prior notice if the presence of insecure or EOL software poses an imminent threat to the security or stability of the hosting environment or other hosted websites. The Client agrees to indemnify and hold Intuitiv harmless from any claims, damages, or losses arising from the use of insecure or EOL software on their hosted website.

Malicious cyber attacks

Intuitiv provides no warranties, express or implied, regarding the complete security of the Client's websites, applications or data against malicious cyber attacks. Intuitiv shall not be held responsible for any breaches, damages, losses or expenses arising directly or indirectly by virtue of any malicious activity, unauthorised intrusion, access or attack to any Website, App, Software, Systems, Data or Databases, irrespective of whether they are a Third Party or Intuitiv developed and hosted systems. While Intuitiv makes best efforts to provide robust cybersecurity defences of its networks and all systems and assets hosted within, the Client acknowledges and agrees that no security measures can provide absolute protection against all concerted forms of malicious cybersecurity attacks. Intuitiv will make all reasonable efforts to assist the Client in investigating and responding to any attack, but cannot guarantee the resolution or mitigation of any cybersecurity incident. Intuitiv’s total liability for any claims arising from malicious cybersecurity attacks shall be limited to the amount paid by the Client for the hosting services for 1 year preceding the date of the attack.

Value added tax (VAT)

Intuitiv Ltd are a VAT registered company with number GB603998219. All charges quoted/levied are subject to VAT, and if not otherwise stated, quoted prices should be assumed to be exclusive of VAT (ex-VAT).

Payment

For existing Clients, with sound payment track record, most work is carried out on a payment on delivery basis. However, Intuitiv reserve the right to request an advance deposit of up to 50% of the estimated design/development fees before proceeding with any work. Once the Client makes the final payment, their website will be made available on the internet. Intuitiv terms of engagement are strictly 30 days payment from date of invoice.

Overdue payment

Intuitiv terms of engagement are strictly 30 days payment from date of invoice. Payment after 30 days can only be accepted by special arrangement with the Accounts Department. Should the Client fail to pay for any work/services supplied after 30 days of invoicing, Intuitiv reserves the right to either terminate the supplied services, and to freeze any ongoing design/development work. Once an account becomes 60 days overdue, Intuitiv Ltd’s standard policy is to suspend all Services supplied to that Client. Intuitiv shall make best efforts to alert a Client to any such overdue payments and service shutdown, typically via email, but it remains the Clients responsibility to ensure all accounts are fully paid up within Intuitiv’s payment terms. In the addition to full payment of all overdue invoices, an additional £50.00 (+ VAT) re-connection fee will be levied to re-establish any terminated services. Re-establishment can only be authorised once cleared payment has registered within Intuitiv’s bank account. For immediate re-establishment, payment can be accepted by CHAPS or credit card.

Email disclaimer

All Intuitiv emails contain proprietary information, some or all of which may be legally privileged. They are for the intended recipient only. If an addressing or transmission error has misdirected these emails, the sender should be notified immediately. If you are not the intended recipient you must not use, disclose, distribute, copy, print or rely on this email. The views expressed in any Intuitiv email are those of the author and do not necessarily reflect the views of Intuitiv Ltd.

Customer service

Intuitiv commit to respond to all customer email enquiries within a maximum of 3 working days.

Complaints

Initial concerns should be reported to your usual account contact via email, who will respond within 3 working days. If you wish to escalate the issue after this initial response please contact the office by telephone and ask to speak to a company director.

Abuse

If you feel that Intuitiv’s services have been used in an illegal, fraudulent or abusive manner please send as much detail as possible relating to the nature of the abusive activity and any source IP addresses or domains to: hello@intuitiv.net