Terms and Conditions
Amperative aim to provide a level of service that you would feel confident to recommend.
With this in mind, we know that terms and conditions are important, but still want to prioritise our working relationship over contracts.
The following terms and conditions apply to all services provided by Amperative:
DEFINITIONS
Amperative is a trading name for the registered company Worthers Limited.
The client is any company, organisation or individual that requests our web design, software development, graphic design, hosting or other services.
Project completion means the completion of components as outlined in the project brief or proposal.
Acceptance
By accepting our quote, you are deemed to have accepted all of our terms and conditions.
If you accept our offer for services or products in any way whatsoever then it is agreed that these documents shall apply equally between us - so please read them carefully.
Agreement
Amperative will always provide you with a written quotation which includes all the details of our work. This is normally delivered by email or by ordering via our website. It's important to read everything carefully before signing up.
DESIGN AND DEVELOPMENT
Unless agreed otherwise, the copyright of any scripts, software written or designs produced by Amperative remains with them and they may only be reproduced for commercial purposes with permission from the company.
Amperative cannot take responsibility for any copyright infringements caused by materials submitted by the client. We reserve the right to refuse any material of an infringing nature unless adequate proof is given establishing permission from third parties who own said intellectual property or have granted Amperative permission to use such information in its projects.
Once designs are delivered and accepted, the client takes full responsibility for any omissions or errors and Amperative are not liable for any costs relating to printing, delivery timings or design changes.
WEBSITE AND APPLICATIONS
Amperative is committed to producing high quality websites and applications for our clients. We test each site before release, and where “bugs” or errors are found within the first month after launch we will endeavour to correct these issues so that you can use your new website or application as intended. After that, provided you have a support contract with us, we will continue to support your website or application.
We understand that sometimes there can be some setup required or content added by our clients, so we aim to provide all of the access necessary in order to do this.
While we will do our best to make sure that the website or application is error free, Amperative cannot accept responsibility for any losses incurred due to malfunctioning of it or parts thereof.
The client is expected to test all applications and functionality relating to a website or application developed by Amperative before it is made available for general use. Once available for general use, it is the responsibility of the client to ensure content and functionality is as required and correct.
Website Content
The client shall not use or allow use of the Service in any manner for any purpose unlawful or offensive. The clients website must not contain material, or contain any link to material, which is pornographic, abusive, encourages gambling, hateful, threatening, discriminating, anarchism, terrorism, obscene, promotes hacking, piracy (including software, music and videos) and warez, or which encourages unlawful behaviour.
Amperative has sole discretion to determine whether a website's content is acceptable or not. Websites with unacceptable content will be removed from our servers with no refund.
CLIENT REVIEW
Amperative will provide the client with a chance to review designs or developments before sign-off or putting live. This could be at various stages throughout the process, e.g. if using an agile process. At this point, if something doesn't look or behave quite right then the client needs to inform Amperative through the feedback options provided.
TIMEFRAMES
Amperative is a professional company that aims to complete all projects in an efficient manner. We will discuss the specific requirements and timeline with you before starting work so we can produce high-quality results as quickly as possible without compromising our standards or deadlines (unless otherwise agreed upon).
To remain efficient, we might have to turn down offers for other work or enquiries to enable us to make your deadline. Therefore it is really important that you provide us with content and feedback as quickly as possible to keep the project on time. If this is late it can lead to delaying your project until after the agreed time frame because of information you haven't provided to us in advance.
Amperative understands the importance of meeting deadlines and so will do all in our reasonable power to meet these. However, we will not be held liable for any costs of missed deadlines.
If delays arise because of something outside Amperative's control like an unforeseeable event or natural disaster, we will continue to communicate clearly and do our best to get the project back on track.
Charges
Amperative offers high quality, reliable services at competitive prices. Quotations are valid for 30 days. However, they may be subject to change if you choose to alter the brief or require some aspect that Amperative does not offer, or any third party costs change beyond our control. If an agile process is adopted, rates are agreed in advance and charges are made per sprint or as agreed. Clients will receive clear communication and visibility during this process.
Payment
Project payment schedules will be agreed with the client. However, normally Amperative offer a split payment option for larger projects. An initial payment is usually required to secure the work at the beginning of the project.
For ongoing services (e.g. hosting or support retainers), Amperative shall invoice the client monthly or annually in advance for use of the service and payment is due within the terms displayed on the invoice (normally 30 days), unless otherwise agreed between the parties in writing.
If the client is delayed in their assigned tasks (e.g. providing content, feedback or testing), timescales for payment will still remain unless specifically agreed otherwise. If the client continually delays or the project does not progress within the agreed time schedule, additional costs may be incurred due to rescheduling. Beyond 3 months of delay, unless specifically agreed, Amperative have the right to cease the project without refund. The client will be liable for all costs to date.
We will contact clients via email or telephone to remind them of such payments if they are not received when due.
If you are struggling to settle your account, please contact us immediately to discuss possible options. Unless agreed otherwise, if you haven’t settled your account within the terms, access to your services and all work may be suspended.
On failure to settle your account, Amperative continues to own all rights and intellectual property pertaining to this agreement until such time as payment has been made accordingly.
Prepayment & Deposit
We are happy to take prepayments for a project, but expect the work to be started within 2 months. Beyond these timescales, we cannot guarantee that the work will be completed within a deadline as other jobs could take priority. Any pre-paid job or where a deposit is taken, that is not started within 3 months of payment or progressed (due to client delays) as in 'Payment' section above, will not receive a refund. This is because staff time can be allocated for the project and then not taken or filled by another client.
Retainers
The amount of time or tasks a retainer covers is agreed with the client based on expected requirements. If the agreed amount is reached or exceeded, Amperative has the right to not continue and alert the client on how to proceed. This may be by additional one off cost or at Amperative’s discretion, rollover unused time from a previous month or to the next month. We aim to be as fair and flexible as possible but are not obliged to carry over time.
Additional Work and Expenses
Should you decide to change anything after approval of your proposal including designs and other material it may incur additional charges unless previously agreed upon by both parties (at which point they would become part of an additional agreement or invoice).
Web Browsers
Amperative’s websites are designed to work with the most popular browsers. However, due to differences between operating systems and browser software across various platforms (e.g. Macs vs PCs) outside of our control, we cannot guarantee that the experience on your website will be flawless for everyone viewing it all the time.
Amperative cannot accept responsibility for web pages which do not display acceptably in new versions of browsers released after the website has been designed and handed over to our clients. As such, Amperative reserves the right to quote any work involved with changing design or code so it can be viewed properly using updated browser software.
IP Addresses
Amperative maintains control of all IP addresses that may be assigned to the client and reserves the right to change or remove IP addresses at it’s sole discretion.
Backup of Data
Amperative make daily backups of our client accounts and data on all our shared servers. Data is also written to two or more hard disks at the same time. These backups are for disaster recovery in the unlikely event of a failure that destroys or corrupts data on all hard disks. We do not guarantee to restore data from accidental deletion of files by a client or script within a client hosting account. However, if we are able to do this there may be a small fee for the time taken. If any other use of a backup is required, it is the responsibility of the client to make backups and copies of their website data.
High Resource Usage Scripts and Programs
If a client installs and uses a resource-intensive script on our shared servers there may be an additional charge, or we may remove and/or prohibit execution of the script as we see fit. This includes chat rooms, IRC bots and also delivering excessively large files. This is for the benefit of all our clients.
Spam (Unsolicited Bulk Email)
Spamming, or the sending of unsolicited email, from Amperative servers is strictly prohibited. The client must not use an email address or domain name, which is hosted by Amperative to send unsolicited email. If Amperative decide that the client has violated this condition then the account will be deactivated immediately without refund.
Websites advertised through SPAM (unsolicited bulk email)
Any website or application advertised in unsolicited bulk email or an unsolicited newsgroup placement may be deactivated immediately at our discretion. Please note that such advertisements are usually considered unethical by the Internet community and not tolerated by us.
DOMAIN NAMES, HOSTING & OTHER SUBSCRIPTION SERVICES
Amperative offers a wide range of services to fit your needs. Payment for renewal of domain names, website hosting, and other subscription services is the responsibility of the client. In this case, the loss or cancellation of the domain name, website hosting or other subscription services, brought about by non or late payment is not the responsibility of Amperative.
SEO
We understand that search engine rankings are important to all businesses and build our websites to be SEO friendly, but we cannot guarantee your position in searches. Whilst we build sites with good SEO best practice, SEO depends on many factors including carefully crafted and relevant content. We recommend that if this is critical to your business you factor this into your plans and take advice from a specialist company. Amperative have companies that we are happy to recommend.
ANALYTICS
We will supply basic analytics for any website that we build. Other options are available (some at extra cost) and we are happy to discuss these further depending on your requirements.
COOKIE POLICY/PRIVACY POLICY
Most websites require a cookie and privacy policy. Amperative will supply standard policies if required, but can take no responsibility for their legality (although the one we supply will usually be the one that we use for ourselves).
Passing of Rights
If Amperative is engaged for design or development work, all rights to use the output, including text, graphics, animation, audio components etc., are granted in accordance with these terms - no ownership is conveyed unless specified otherwise within the contract between us which includes all applicable agreements, terms & licences.
Design Credit
Amperative will provide a link to their own website on the client's website. The client also agrees that any work produced for them may be included in Amperative’s portfolio and other marketing material (such as social media).
Where needed, Amperative will use stock photography, illustrations, video or other materials from an external provider for design work. Amperative will make the client aware of this where necessary. Amperative don’t own the exclusive rights to this stock product, they have paid for a licence to use this for said project and they can not guarantee that the stock product won’t be used by another company, individual or other.
Full Colour Printing
Every effort will be made to obtain the best possible colour reproduction on clients work but due to the nature of the process involved Amperative shall not be required to guarantee an exact match in colour or texture between the printed results and any proof or existing copy so supplied. Pantone ink matches cannot be produced using the full colour process. Any proof copies issued are NOT colour accurate and are issued for content checking only.
TRADEMARK
Any new business should carefully consider their name and take into account trademarks and domain names. Amperative cannot be responsible for any trademark infringement or challenge when supplied with a new company name to produce a website or create a logo.
Privacy Policy
Please read our full privacy policy for more information.
Abuse
We may deny or limit your access to support services if we determine at our reasonable discretion that you're acting, or have acted towards the Amperative team members in an abusive way.
REFUSAL OF SERVICE
Amperative reserves the right to refuse or cancel any service at our sole discretion. We also reserve rights over what happens with your account if you breach these terms and conditions, so please be sure that you understand them before signing up.
Termination
If you're looking to cancel your project or service with Amperative, we require at least 30 days notice. Termination of services by the client, may also incur additional charges, such as: the cost of transferring website hosting, domain names or other services away from Amperative, to another provider.
Governing Law
This Agreement shall be governed by English Law.
Liability
Amperative hereby excludes itself, its Employees and or Agents from all and any liability from:
- Loss or damage caused by any inaccuracy;
- Loss or damage caused by omission;
- Loss or damage caused by delay or error, whether the result of negligence or other cause in the production of design, website, application or any other services;
- Loss or damage to any supplied artwork/photos by the client, immaterial whether the loss or damage results from negligence or otherwise.
Amperative is not liable for any costs incurred, compensation or loss of earnings due to the unavailability of your website or application.
The entire liability of Amperative 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.
Data Processor Agreement
As a client you may be a Data Controller and we may process personal data on your behalf. In this case under GDPR requirements you are required to put in place a Data Processor Agreement on how we should process your data. To assist with this we have added a general Data Processor Agreement Addendum to our Terms & Conditions. If you require any provisions outside of this you will need to contact us.
Version 3. Updated 15 February 2024
