The following terms and conditions of service apply to all deliverables, (digital or printed) and services produced by Netfuel Ltd. All work carried out by Netfuel Ltd is done so with the understanding that the client has prior agreed to and will therefore follow the terms and conditions.
All estimates and quotations will be provided in relation to the initial brief provided by the client and may be subject to change upon the specification being determined.
The estimate or quotation is to be acknowledged and accepted by the client to indicate acceptance and should be emailed/written to Netfuel Ltd. No work on the project will commence unless otherwise agreed until acknowledgement has been received.
Charges for any additional services over and above the agreed specification, or to be made after approval of design and subsequent design or development work, may incur additional costs and will therefore be billable upon the date specified.
Unless otherwise agreed, the initial pre-commencement of work invoice of 30% must be paid in advance. Upon project completion or a stage where we have completed as much work as possible but cannot yet complete due to an external factor such as the client providing outstanding content, the next 30% invoice must be paid. Finally, 30 days after the second 30% invoice is due the outstanding amount of 40% must be paid in full.
Payments are to be made by bank transfer (BACS) in full by the due date declared on the invoice(s) unless a different payment method has been discussed and agreed in writing. Invoices which fail to be paid by the date stipulated may (unless otherwise agreed) be subject to a 15% additional surcharge per month until settlement.
Where an outstanding invoice remains unpaid for more than 60 days we reserve the right to cancel forthwith, without prejudice to any outstanding liabilities, any subsisting contracts relating to any retainer based or hosted services by giving written notice to you to that effect. Cancellation of such services do not relieve the client of its obligation to pay the due amount.
The client agrees to pay Netfuel Ltd reasonable legal expenses and third party collection agency fees if legal action is taken.
Copyright of all design and development work is retained by Netfuel Ltd including copy, concepts, ideas, proofs and code (unless requested, agreed and released in writing) until after all invoices have been settled.
Any additional concepts that are provided but not used, will retain copyright of Netfuel Ltd.
By supplying text, images and other data to Netfuel Ltd for inclusion in the client’s media, the client declares that it holds the appropriate copyright and/or trademark permissions. The ownership of such materials will remain with the client, or rightful copyright of trademark owner.
The client may request in writing to Netfuel Ltd the necessary permission to use materials (for which Netfuel Ltd holds the copyright) in forms other than for which it was originally supplied and Netfuel Ltd may, at its discretion, grant this. Such permission must be obtained in writing before it will allow any of the aforesaid artwork, images, text, or other data to be used. Netfuel Ltd reserves the right to charge fees for additional usage.
By supplying images, text, or any other data to Netfuel Ltd, the client grants Netfuel Ltd permission to use this material freely in the pursuit of the deliverable and to utilise these in Netfuel Ltd’s portfolio unless requested and agreed otherwise.
Should Netfuel Ltd or the client supply an image, text, audio clip or any other file for use in a deliverable believing it to be copyright and royalty free which subsequently emerges to have such copyright or royalty usage limitations, the client agrees to allow Netfuel Ltd to remove or replace the file. The time taken to remove or replace the file will be billable at the standard hourly rate.
The client agrees to fully indemnify and hold Netfuel Ltd free from harm in any and all claims resulting from the client in not having obtained all the required copyright and any other necessary permissions.
The client agrees that Netfuel Ltd holds no responsibility for any amendments made by any third party, before or after a project is completed.
Amendments requested to be made after approval of design and subsequent design or development work may be subject to additional costs.
The client agrees to Netfuel Ltd’s definition of acceptable means of supplying data to the company. For data supplied in the wrong format Netfuel Ltd reserve the right to request that it be supplied in the correct format.
Text is to be supplied to Netfuel Ltd as an attachment in Microsoft Word (.doc) or standard text (.txt) via email, CD-ROM or pen drive.
Media assets are to be supplied in an electronic format via email (for small files under a combined 5Mb), via a file sharing service such as WeTransfer (our preferred method), CD-ROM or external HDD hand exchanged or sent via courier.
Media assets must be of a quality suitable for use without any subsequent processing and labelled/archived appropriately. Netfuel Ltd will not be held responsible for any quality which the client later deems to be unacceptable. Furthermore Netfuel Ltd may charge for additional time taken to find assets if clear instruction has not been made in addition to labelling/archiving files appropriately.
Additional expenses may be incurred for any necessary action including but not limited to art direction, stock image sourcing and purchases, media manipulation or data entry services.
Any indication given by Netfuel Ltd of a project’s duration is to be considered by the client to be an estimation. Netfuel Ltd cannot be held responsible for any project over-runs, whatever the cause, unless otherwise and agreed before project commencement. Estimated project duration should be deemed to be from/after the date that the pre-commencement of work invoice is paid to Netfuel Ltd.
Netfuel Ltd considers the project complete upon receipt of sign off via written or oral verification following deployment. Additional work or services that are above and beyond the original specification may have a different deadline.
Once a project is delivered support will be charged at the standard £25.00 hourly rate. It is the responsibility of the client to thoroughly test the deliverable on the development area(s) to ensure there are no issues before deployment in order to avoid any such charges post deployment.
For technical support not related to website or email hosting the standard £25.00 per hour charge will be applied.
The client agrees to allow Netfuel Ltd to place a small credit on deliverables such as a link to Netfuel Ltd’s own website on the client’s website. This will usually be in the form of a small logo or line of text placed towards the foot of the page, however in all cases we will include the credit in the design stage of the project.
Netfuel Ltd will not include in its designs any text, images or other data which are deemed to be immoral, offensive, obscene or illegal. All advertising material must conform to all standards laid down by all relevant advertising standards authorities. Netfuel Ltd also reserves the right to refuse to include submitted material without giving reason. Any images and/or data that Netfuel Ltd includes in good faith but subsequently turns contravenes these Terms and Conditions will be removed or replaced without hindrance or penalty. Netfuel Ltd is to be held in no way responsible for any such data being included.
Notice of cancellation of work must be made via email or telephone and must be made within 5 days of project commencement. However following this Netfuel Ltd will need formal notification in writing to the company’s postal address.
The client will be invoiced for all work completed at the point of written confirmation of cancellation over and above the non-refundable 30% pre-commencement of work deposit that will have been made at the time of first ordering. The balance of monies due must be paid within 30 days.
Please note: any cancellation which is not formally confirmed in writing and received by Netfuel Ltd within 14 days of initial instruction being issued will be liable for the full quoted cost of the project.
For additional services such as website hosting or retainer based work notice of 30 days must be issued via email or telephone and be formally confirmed within 14 days after initial instruction being issued.
All website and email hosting contract lengths are for a minimum of one year (usually from 1st February) unless otherwise agreed in advance. Netfuel Ltd offer tailored packages to suit each client’s needs, with the standard packages allocating 2GB for website hosting, and a further 500MB per email account increasing the overall capacity. Netfuel Ltd will assess your requirements to ensure that the the most appropriate package is provided.
Depending on the project Netfuel Ltd may offer a discount for hosting services for up to one year. If the offer of discount is accepted by the client they therefore ackowledge that they must renew the hosting service(s) at the renewal date at least once. If the client accepts the discount for hosting services but decides not to renew at least once they will be required to pay the full hosting charge which was initially discounted.
Netfuel Ltd reserve the right to suspend or terminate a hosting contract without warning, however Netfuel Ltd will usually notify you of any issues before any action is taken. The standard notice for cancellation served is 30 days.
If the client decides to migrate to another hosting provider and they require Netfuel Ltd to package the website files and database (if applicable) the standard charge for doing so is £25.00 + VAT for the time taken to do so. Netfuel Ltd are under no obligation to provide this as part of the hosting service or website project completed as this is not included in the costs.
As part of Netfuel Ltd’s website hosting service they offer one hour of support as standard unless otherwise agreed. Netfuel Ltd can provide additional support at the standard support rate (£25.00 + VAT per hour) which will be billed retrospectively. Support for issues which are server related bugs/issues will not be charged.
Hosting services may be cancelled at any time but are not eligible for credit or refund (full or partial). Netfuel Ltd’s dedicated server is built to be as powerful and efficient as possible for the number (and nature) of clients it services, so refunds cannot be provided due to the high price of running it’s specification.
Netfuel Ltd makes no warranties of any kind (express or implied) for all deliverables and/or services that it supplies. Netfuel Ltd will not be held responsible for any damages resulting from deliverables and/or services it supplies. Netfuel Ltd is not responsible for any loss or consequential loss of data or non-delivery of products or services of whatever cause. While Netfuel Ltd take reasonable steps to investigate the materials we recommend we accept no responsibility for the performance or quality of materials or any consequential loss arising from their failure. The client agrees not to hold Netfuel Ltd responsible for any such loss or damage.
Netfuel Ltd reserves the right to use the services of remote designers and developers, sub-contractors, agents and suppliers for any aspects of work carried out on any project. Netfuel Ltd and the client will be bound by the sub-contractors Terms and Conditions. Netfuel Ltd will not knowingly perform any actions to contravene these and the client also agrees to be so bound.
The placement of an order for deliverables or services offered by Netfuel Ltd and validated by the client’s acknowledgement or acceptance on an estimate or quotation, constitutes acceptance of the estimate or quotation and agreement to comply fully with all the Terms and Conditions and forms a contract for business between the signatory and Netfuel Ltd even if the pre-commencement of work invoice has yet to be paid by the client.
These Terms and Conditions supersede any previous Terms and Conditions distributed in any form. Netfuel Ltd reserves the right to change any rates and any of the Terms and Conditions at any time and without prior notice.