(01481) 716699 hello@intuitive.gg

Intuitive Guernsey's terms of business

Intuitive Limited (Intuitive) is registered in Guernsey with company number 56937.

Responsibilities

Intuitive agrees to deliver the requested work in a timely manner and shall conform to the standards as agreed in the contract document. Intuitive 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, Intuitive cannot be held liable for their performance, although Intuitive 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 Intuitive 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 Intuitive. Programs created by Intuitive may not be used on other websites unless purchased by the Client outright.

Copyright

All work performed by Intuitive is copyrighted by Intuitive. 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. Intuitive 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

Intuitive’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 libelous material

The Client will not use the website, nor any other service provided by Intuitive to publish any material that may be construed as defamatory, offensive or libellous to any other third party. Intuitive shall not be held liable for any material published through its services. Intuitive 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 Intuitive’s services, and Intuitive will not undertake to monitor or control Client data in respect to any content therein. Furthermore, the Client agrees to indemnify Intuitive in respect of any claims brought against Intuitive 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

Intuitive 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, Intuitive 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 Intuitive for failed hosting services only, strictly on a pro-rata basis for the duration of the failure. No other claims will be entertained. Intuitive 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, Intuitive maintains the right to place a small logo on the Client’s website which will link back to Intuitive’s website. Intuitive also maintains the right to reproduce the Client’s website in our portfolio and in any marketing materials.

Hosting contracts

Domain name and website hosting contracts are charged out by Intuitive 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, Intuitive 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 Intuitive 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 Intuitive to this fact before the expiry of the existing contract. The same also applies to website hosting.

Payment

For existing Clients, with sound payment track record, most work is carried out on a payment on delivery basis. However, Intuitive 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. Intuitive terms of engagement are strictly 30 days payment from date of invoice.

Overdue payment

Intuitive 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, Intuitive reserves the right to either terminate the supplied services, and to freeze any ongoing design/development work. Once an account becomes 60 days overdue, Intuitive Ltd’s standard policy is to suspend all Services supplied to that Client. Intuitive 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 Intuitive’s payment terms. In the addition to full payment of all overdue invoices, an additional £50.00 re-connection fee will be levied to re-establish any terminated services. Re-establishment can only be authorised once cleared payment has registered within Intuitive’s bank account. For immediate re-establishment, payment can be accepted by CHAPS or credit card.

Email disclaimer

All Intuitive emails and attachements contain proprietary and confidential 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, and you must not use, disclose, distribute, copy, print or rely on this email. The views expressed in any Intuitive email are those of the author and may not necessarily reflect the views of or be endorsed by Intuitive Ltd. Internet communications are not guaranteed to be secure or virus-free. Intuitive does not accept responsibility for any loss arising from unauthorised access to, or interference with, any Internet communications by any third party, or from the transmission of any viruses. Replies to e-mail may be monitored by Intuitive for operational or business reasons.

Customer service

Intuitive 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 phone or 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 Intuitive’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@intuitive.gg


Intuitive Limited

One High Street
St Peter Port
Guernsey
GY1 2LZ