TOS

Terms of Service (TOS) Policy-

Congratulations on choosing Encode ICT Web Solution and IT Services!

Acceptance of Terms:

This Terms of Service (TOS) agreement is between you (Client) and Encode ICT Web Design Team, a company, and its legal successors and assigns. Encode ICT may do business under the names Encode ICT., a Web Solutions IT company.

By accepting this Terms of Service (TOS) electronically or in writing, and/or by using Encode ICT services, including but not limited to, submission of content to Encode ICT design department, payment or authorization of payment, you (Client) agree to be bound by the following terms and conditions. Client also agrees that Client’s electronic acceptance of this TOS shall have the same force and effect as if Client had agreed to this TOS in writing.

Encode ICT provides its services to Client subject to the following TOS, which may be updated from time to time without notice. Client should periodically review the most current version of the TOS at http://www.encodeict.com/tos . Failure to comply with the TOS may result in account/service/package termination. By using Encode ICT services Client agrees to (and hereby signs) the most current version of the TOS. If Client does not expressly reject the TOS and cancel Client’s account within 5 days from the date of initial sale, Client agrees to (and hereby signs) the TOS and Encode ICT is instructed to commence work on the Client’s website as if Client had expressly accepted the TOS.

Client’s acceptance of the TOS is binding upon all Encode ICT services including the purchase of additional services or additional websites service or accounts at a later date.

By placing an order of Web Design & Development, Online Marketing/SEO, Graphics Design, Domain Registration, Use of Linux Hosting Server, SSL Certificates, Web-mail (Email) by Encode ICT, you confirm that you are in agreement with and bound by the terms and conditions below. We have 30 days money back guarantee. Here we expressed terms of service conditions about service charge, service package purchasing, payment, refund policy, Doamin, Hosting, SSL Certificate, Online Marketing/SEO, Graphics Design and work flow procedure.
Definitions:
The Client: The company or individual requesting for IT services by Encode ICT.

General

Encode ICT will carry out work only where an agreement is provided either by email, telephone, mail, live chat or fax. Encode ICT will carry out work only for clients who are 18 years of age or above. An ‘order’ is deemed to be a written or verbal contract between Encode ICT and the client; this includes telephone and email agreements.

Ownership of Website Design:

Upon completion of a custom website design and payment of web design and development fees, the client is the owner of the commissioned website. The client may continue to use the commissioned website to promote the client’s company or organization regardless of whether he/she chooses to continue further services with Encode ICT Web Design. The client does not have the right to resell the design or development to other companies. The client does have the right to add pages onto the existing site or have another company add pages onto the existing site using the commissioned website design/development. The client does not have permission to reuse pieces of our work in a redesigned website that gives another company design credit.

 

Website Design/Re-design/Web development:

Whilst every endeavor will be made to ensure that the website and any scripts or programs are free of errors, Encode ICT cannot accept responsibility for any losses incurred due to malfunction, the website or any part of it.
The website, graphics and any programming code remain the property of Encode ICT until all outstanding accounts are paid in full.
Any scripts, cgi applications, php scripts, or software (unless specifically agreed) written by Encode ICT remain the copyright of Encode ICT and may only be commercially reproduced or resold with the permission of Encode ICT.
Encode ICTcannot take responsibility for any copyright infringements caused by materials submitted by the client. We reserve the right to refuse any material of a copyrighted nature unless adequate proof is given of permission to use such material.
Any additions to the brief will be carried out at the discretion of Encode ICT and where no charge is made by Encode ICT for such additions, Encode ICT accept no responsibility to ensure such additions are error free and reserve the right to charge an according amount for any correction to these or further additions.
The client agrees to make available as soon as is reasonably possible to Encode ICT all materials required to complete the site to the agreed standard and within the set deadline.
Encode ICT will not be liable for costs incurred, compensation or loss of earnings due to the failure to meet agreed deadlines.
Encode ICT will not be liable or become involved in any disputes between the site owner and their clients and cannot be held responsible for any wrongdoing on the part of a site owner.
Encode ICT will not be liable for any costs incurred, compensation or loss of earnings due to the work carried out on behalf of the client or any of the clients appointed agents.
Encode ICT will not be liable for any costs incurred, compensation or loss of earnings due to the unavailability of the site, its servers, software or any material provided by its agents.
A deposit of 50% is required with any project before any design work will be carried out.
Once a website has been designed and completed the final balance of payment is then due in accordance with our payment terms. There are no exceptions to this, i.e If the client decides they no longer want the site, as they have commissioned the work and paid a deposit they are still obliged to pay for the work that has been done. Non payment will result in legal action being taken if necessary.

 

About Our Web Design and SEO Package/Service:

Encode ICT provides various type of service package. Client must have to pay full amount of payment to begin start service listed features. If monthly renewal price applicable, Client/Clients must have to pay within monthly payment date to continue the service package features. When payment completed by direct cash or any third party payment processor company to us, we will send confirmation email to client within 24 hours. And immediately we will start work on be half of client. To complete the project, it’s take time 7-15 days. If client did not received payment confirmation email from us, it can take maximum 7 days to confirm. We have 30 day’s money back guarantee. If any client is not satisfied about service or package, we will refund full amount of payment to client.

 

Free Domain:

We provide free domain with every web design package. Domain owner information will be client information and billing information will be our company information. If client cancel web design package, domain still remain. To transfer the domain, service charge applicable.

 

Ownership of Website Domain Name:

Website domain names are leased from domain name registration companies. When Encode ICT Web Design registers a domain name for a client, that registration will be made in the client’s name. Upon payment of any outstanding fees, the client has the right to use that domain name regardless of whether he/she chooses to continue further services with Encode ICT in Web Design. Domain name renewal and renewal fees are the responsibility of Encode ICT. Our renewal fee include everything. Our simple renewal charge and give your website maintenance hassle to us. If the client chooses to have Encode ICT Web Design renew the domain name on behalf of the client, no additional service fee will apply. But clients are advised to closely monitor the renewal date of a registered domain name and to verify that the renewal of said domain name has been completed by Encode ICT. Otherwise Encode ICT Web Design team cannot be responsible for expired domain names.

Database, Application and E-Commerce Development:

Encode ICT cannot take responsibility for any losses incurred by the use of any software created for the client/original hosting service provider. Whilst every care has been taken to ensure products are problem free and accurate, the ultimate responsibility lies with the client in ensuring that all software is functioning correctly before use.
Any scripts, cgi applications or software (unless specifically agreed) written by Encode ICT remain the copyright of Encode ICT and may only be commercially reproduced or resold with the permission of Encode ICT.
Where applications or sites are developed on servers not recommended by Encode ICT, the client is expected to provide or seek any information, additional software, support or co-operation pertaining to the server required in order for the application to be correctly developed. Where large applications are to be developed, it is the clients responsibility to provide a suitable testing environment which is identical to the final production environment.
The client is expected to test fully any application or programming relating to a site developed by Encode ICT before being made generally available for use. Where “bugs”, errors or other issues are found after the site is live, Encode ICT will endeavor (but is not obliged to) to correct these issues to meet the standards of function outlined in the brief.

Free Website Hosting:

We provide free Linux Hosting Server with Every Web Design package. We have great customer and technical support team and service guarantee for an annual average of 99.9% network availability for their infrastructure.
Should you require any additional information, please contact us.

Data Transfer/Bandwidth Limits:

Our monthly data transfer limit is per month based and pack features include bandwidth/data transfer limit. If data transfer exceeds this limit it will be charged at $0.01 per MB.

Whilst Encode ICT recommends hosting companies to host websites, no guarantees can be made as to the availability or interruption of this service by Encode ICT cannot accept liability for losses caused by the unavailability, malfunction or interruption of this service, or for loss of turnover, sales, revenue, profits or indirect, consequential or special loss.

Hosting Payment Policy & Billing Procedures:

Our Web Design package price includes hosting uses charge. No need to pay extra money. On the other hand all accounts are set up on a pre-pay basis. We accept payments via Check, Money Order, Online Check (preferred), Credit Card, PayPal, and Western Union/MoneyGram. Setup fees are charged for all new accounts that are paid on a monthly basis and major account changes and are non-refundable. All pricing is guaranteed for the term of pre-payment. Encode ICT reserves the right to change prices at any time. Payment is due each anniversary month or period following the date the account was established. If 10 days have passed and payment has not been posted, the account will be suspended until further notice. The customer is responsible for all money owed on the account from the time it was established to the time that the customer notifies Encode ICT to request termination of services.

PROJECT INITIATION-

Exclude our package. The initiation of a web design or development project requires a signed or electronically submitted signup form payment of half of the initial web design/development fees (or payment in full if the entire project is
$500 or less), plus the client logo or any other element that is required to be used in the design.

OUR 7 BUSINESS DAY TIMELINESS GUARANTEE

Seven Business Day Guarantee for the Mockup Phase- Encode ICT Web Design takes pride in handling requests in a timely manner. Starting from the date of the project initiation as defined above, Encode ICT Web Design will submit an initial mockup to the client within seven business days or the client will be entitled to a 50% discount off the second half of the initial web design fees. If the client requires modifications to the design or has other elements to mock up, such as custom animation, the same ten business day guarantee app lies on subsequent mockups starting from the time the feedback is given on the previous mockup.

Seven Business Day Guarantee for the Build Phase–The build phase begins once the client has approved  the mockup and has submitted  all content and any other initiative needs (passwords, etc.)
.
At that  point, Encode ICT Web Design will  convert the approved mockup into website format and add the text for the  home page and all sub pages within seven business days or the client will be entitled to a 50% discount off the second half of the initial web design fees.

This guarantee applies only to information-based sites. The turnaround time on e-commerce sites or websites with custom programming or other  add-ons is based on the size of the project and the list of other projects in the development queue

PROJECT TIMLINESS REQUIREMENTS FOR CLIENTS-

Projects can be  hindered if the client does not provide feedback or required elements in a timely manner, such as feedback on a design mockup, requested sitemaps, text to be used as content on the web pages, photos for either the design or for the content, the client’s logo, appropriate account login information, etc. For that reason, if Encode ICT Web Design is waiting for content or other piece of information, the client will be notified. If the client fails to handle the requests  within ten business days, then Encode ICT Web Design will take
any or all of the following steps to keep the project moving forward in a timely manner:

MOCKUP FEEDBACK

If the client does not give feedback on the design mockup within ten business days, by default, the mockup is approved. If the client later wishes to change the design, additional charges may apply.

SITEMAPS OR PAGE NAMES–

If the client fails to provide the requested list of web pages within ten business days, by default, Encode ICT Web Design will assign page names. If the client later wishes to change these page names, additional charges may apply.

CLIENT LOGO–

If the client fails to provide a copy of an existing logo within ten business days, a substitute logo or company name graphic may be used. If the client later wishes to change the
substitute logo or company name graphic, additional charges may apply.

PHOTO TO USE IN DESIGN

If the client has requested the design include a particular photo, and the client fails to provide the required photo within ten business days, a substitute photo may be used. If the client later wishes to change the substitute photo, additional charges may apply.

HOME PAGE TEXT

Encode ICT Web Design will provide acontent writer for home page text. If, for a period of ten business days, the client fails to be available for a telephone interview with the writer, then the writer will composethe initial text without having interviewed the client, that text will be automatically used, and the client may change it later himself using the content management
system (CMS). If the client is available for an initial interview in a timely manner, then the writer will also provide one round of revisions after the initial text has been written. If, for a period of ten business days, the client fails to offer any feedback on the home page text
provided, then by default, that text is approved, and the client may change it later himself using the content management system (CMS).

TEXT AND OPTIONAL PHOTOS FOR ALL OTHER WEB PAGES–

Unless the writer has been hired for additional pages, it is the client’s responsibility to provide content for all other pages in the website. If the client provides all text (and optional photos) within ten business days, then Encode ICT Web Design will add that content to the website. If the client fails to provide content for those pages within ten business days, then Encode ICT Web Design will complete those pages with simple placeholder text such as, “ABC Client offers many XYZ Services. For more information, please contact ABC Client.” The client will have the ability to add more complete content later using the content management system (CMS).

OTHER ELEMENTS OR ADMINISTRATIVE DUTIES–

There may be other elements required such as passwords for existing domain names, etc. Regardless of what element may be required, if the client cannot or will not provide the required element or information within ten business days, Encode ICT Web Design reserves the right to make substitutions, leave elements out, or take other actions in order to complete the project.

HOW CONTENT MAY BE SUBMITTED-

All content must be submitted electronically via email (contact us for the correct email address) Text must be selectable as actual text rather than as flattened images. Both text and photos/graphics must be clearly labeled with the name of the page on which it will be displayed. Content may not be submitted via fax or paper copies. Exceptions to this policy must be approved in advance and will incur a surcharge

HOW MUCH CONTENT MAY BE SUBMITTED PER PAGE-

Due to web page load time considerations and the flat rate charged for web pages, there is a limit on what can be included in a single web page. A web page can hold the equivalent of about 2 pages of the content that would typically fit on an 8 ½” x 11” piece of paper. If the content is straight text without any pictures, tables, graphs, etc., this equates to a maximum of 2000 words. If there are pictures, or tables, etc., then less text will fit. Additionally, a web page may include up to a maximum of six photos on a page. A photo gallery page with limited text may contain up to ten photos. If a client’s content does not fit within these parameters, one or more additional web pages should be purchased.

HOW REVISIONS TO A WEBSITE DESIGN ARE HANDLED

We take pride in providing attractive designs, and the vast majority of our clients are extremely pleased with the design we create for them. However, design is a subjective art,

and not everyone’s tastes are the same. While we will gladly make initial minor modifications for no additional charge, it is important to be clear on how revisions to the look of a website design are handled.

The web design signup form is the contract that describes the look a commissioned web design project will achieve. Design preferences, such as the look of the site, the color scheme, the functionality, monitor resolution preferences, etc. should be specified at that time, prior to the commencement of any design work. If any design preference stated in the web design signup form was not met, the adjustments will be made free of charge. If the client develops preferences or changes his/her mind after the completion of the work, adjustments will be made by the hour at $90.00 per hour.

DESIGNS FOR SUB PAGES-

Unless otherwise specified in the design contract, sub-pages of any website will use the same design as the home page. Mockups are not provided for sub pages. Formatting requests for sub pages will be considered but will not be guaranteed. If the client requires specific looks or formatting for sub pages, this request should be made at the time of the initial contract and may incur additional fees.

PAYMENT POLICIES PROJECT FEES-

One-half of the initial website design and development fees is due upon project initiation.
Upon project completion, the remaining balance is due in full within five business days.

GOING LIVE-
Once the remaining balance is paid in full, the completed website will be moved from the staging server to the client’s server so the website will go live. After the new website has been live for 48 hours, Encode ICT Web Design will install the content management system (CMS) and register the client’s website with Google, Yahoo, and Bing search engines.

NON PAYERS-
If the balance on a completed project has not been paid within ten business days, a 10%
penalty will be added. For example, if the remaining balance on a completed project is $1,000, and that balance has not been paid within ten business days, the new balance on the complete project will automatically be increased to $1,100. Balances that are not paid within 30 days will be reported to a credit bureau. Balances that are not paid within 60 days will be turned over to a collections agency.

MONTHLY FEES-
Payment for monthly services such as Hosting and Maintenance are due within net 20. Encode ICT Web Design chargesa late fee of 10% of the total outstanding balance for invoices not paid by the end of the calendar month (net 25). Accounts at net 60 areat risk of termination. Clients experiencing financial hardship should contact Encode ICT Web Design to discuss payment options.

BILLING ERRORS-
If a billing error is noticed, the client should immediately contact Encode ICT Web Design. Refunds of overpaymen ts will be made for up to a maximum of three months, so clients are urged to check billing statements regularly. Refunds of more than three months will not be processed. Additionally, Encode ICT Web Design reserves the right to bill clients for accidental und ercharges for a maximum of up to three months.

SEARCH ENGINE GUARANTEE

Most every client would like his/her website to rank high in search engine results for selected keywords, yet search engine results are determined by a multitude of constantly changing factors, third party search engines, and the amount and quality of competition on the world wide web. Encode ICT Web Design guarantees certain search-engine friendly techniques will be used in the creating of each custom website, such as keywords in the title bar at the top of the browser, the meta tags in the hidden coding behind the scenes, and alternate text behind some images. If the keyword placement in these three areas is not to the client’s liking, Encode ICT Web Design will change these three items to the client’s choices one time for free. Subsequent or additional changes will be billed at the standard hourly rate. Additional search engine optimization (SEO) services are available for additional fees. Encode ICT Web Design cannot be held responsible for search engine results.

SEARCH ENGINE OPTIMIZATION, SOCIAL MEDIA MANANAGEMENT, AND MARKETING PLANS-

Our Marketing Plans offer a variety of services, including search engine optimization and social media (Facebook, Twitter, etc.) management. These plans require a three-month minimum since it takes time to ramp up the effectiveness of these campaigns. After three months, the Marketing Plans convert to month-to-month plans, which may be cancelled at any time with a 45-day written notification. Services provided in the marketing plans will be specified in a written agreement since plans may be tailored to meet each client’s needs. No service or standard of service is implied unless in writing in the agreement, thus, clients  must be sure to specify any specific request (such as a particular number of followers or a particular social networking tool used, etc.) in writing

HOW WEBSITE UPDATE REQUESTS/MAINTENANCE REQUESTS ARE HANDLED-

Clients who have signed up for a maintenance plan receive discounts off the web designer’s hourly rates for website updates. The standard half hour maintenance plan is enough time to add about five photos and a few paragraphs of text. Clients on a Encode ICT Web Design web maintenance plan may send update requests via email (contact us for the correct email address). Routine maintenance that fits into the allotted time specified in the client’s maintenance plan is typically completed in about three to four business days. If a

client on a website maintenance plan requests more than the scheduled amount of maintenance, he/she will be given a quote and, if approved, the additional work will be completed at a discounted rate of $30 per hour and the turnaround time will be based on workload issues. Clients who are not on any maintenance plan may request website updates at the full $90.00 hourly rate and the turnaround time will be based on workload issues. Monthly maintenance plan fees are separate from hosting fees and may be cancelled at any time (See details under the Termination of Services section.)

HOW TECHNICAL SUPPORT IS HANDLED-

Clients whose websites are hosted by Encode ICT Web Design have access to emergency technical support 24 hours a day In the event of a website hosting outage, clients should leave a voicemail message for the Technical Support phone extension, and a technician will be paged. The phone number is listed on the Contact Us page of our website. Please note, technical support cannot be provided for clients’ individual computer issues or for third party products or services. For clients who use our email server, the email account password and settings will be provided, but it is up to the individual client to set up his/her email in an email software program or on his/her smart phone. If a client is unable to set up his/her email, the client should contract with a computer service company for assistance.

ANY OTHER DELAYS

If more than 30 days have passed since the client signed the initial project agreement form Encode ICT Web Design reserves the right to consider the project complete in its entirety, bill for the completed project,and bill for all future work.

Payment of Accounts:

A deposit is required from any new client before any work is carried out. It is the Encode ICT. Limited policy that any outstanding accounts for work carried out by Encode ICT or its affiliates are required to be paid in full, no later than 30 days from the date of the invoice unless by prior arrangement with Encode ICT.
Once a deposit is paid and work completed you are obliged to pay the balance of payment in full. We will contact clients via email and telephone to remind them of such payments if they are not received when due.
If accounts are not settled or Encode ICT have not been contacted regarding the delay, access to the related website may be denied and web pages removed, we will then pass such cases to the Small Claims Court to pursue payment, non payment can result in county court judgements (ccj’s) being added to the clients credit rating.
Following consistent non payment of an invoice our Solicitors will contact the client in question, with a view to taking the matter further and if need be to seek payment through legal procedures, and if necessary court summons.

 

Ownership and Copyright:

Exclude our web design package. All text and photos used as content in a commissioned website must be provided by the client (unless the client has hired Encode ICT Web Design for content development). The client must have ownership or written permission to use all content he/she provides for use. It is up to each client to ens ure his/her design and/or content does not infringe on any trademark, service mark, or copyright. Encode ICT Web Design cannot be responsible for intellectual property infringements on behalf of clients. Also, Encode ICT Web Design cannot be responsible for submitted content. Clients should not mail irreplaceable photos or documents or send content that must be returned.

Passing of Rights:

Once all amounts due to us from you are paid and cleared you are assigned the rights to use, as applicable, the products and services, including, the web site which includes the text, graphics, animation, audio components and digital components contained within the finished web site, in accordance with these terms and conditions, the Project Agreement and any applicable agreement, terms or license but no rights of ownership are conveyed unless specifically stated in the Project Contract.
No such rights as described in above will pass until all amounts due to us from you are paid. This means that we will have a lien over any service, products, data or information. If you have not paid the invoice in full within 2 months from the date of the invoice you agree that you will forfeit your rights.
The rights to photographs, graphics and any third party items such as source code, always remain the property of their respective owners.
Unless you have our specific written agreement in the Project Contract, all products, including Content Management Systems, interfaces, navigational devices, menus, menu structures or arrangements, icons, help, all operational instructions, scripts, cgi applications, software, programming/source code, and all other components of any source or object computer code that comprises the Website, all literal and non-literal expressions of ideas that operate, cause, create, direct, manipulate, access, or otherwise affect the Content and design elements used or developed and all software, and our products and results of our services remain our property and we retain full ownership rights and all intellectual property rights. You specifically agree not do anything that may in any way infringe upon or undermine our rights, title, or interest in the Website or our products and services. This includes, but is not limited to, any sale, transfer or gift of the whole or of any part of any item, data or anything whatsoever that we own. You fully understand that we may reproduce, reuse, develop and use in any other way we choose, anything within our ownership.

QUALITY GUARANTEE-

We take pride in offering high quality services and professional customer service. While we make an effort to ensure every aspect of our service is to the client’s liking, we cannot control every variable. It is up to each client to regularly test the functionality of his/her website, email, and any other product or service to ensure everything works as desired. If any problem is discovered or error has been made, please report the problem to us immediately so we may take appropriate action. We cannot be responsible for perceived loss of revenue
under any circumstances Changes resulting from a client’s error and/or problems related to third party vendors or technology, such as hosting servers or browser software may result in additional charges.

TERMINATION OF SERVICES-

If the client changes his/her mind about doing work with Encode ICT Web Design during the course of the initial web design or development phase, the client will be responsible for the amount of work already completed. Depending on the amount of work completed at the time of cancellation, this may mean receiving a full refund, a partial refund, no refund, or owing
additional fees. In order to protect clients from unintentional service interruption, clients wishing to terminate any services must request the service termination in writing.

THIRD PARTY VENDORS-

Third party vendors may have separate terms of service agreements. Encode ICT Web Design cannot be held liable for disputes with third party vendors, regardless of whether or not the service is part of a reseller agreement or referral Encode ICT Web Design cannot be held responsible for lack of functionality or any other aspect of third party services.

REFUSAL OF SERVICE-

Encode ICT Web Design does not accept projects that promote hate, intolerance, pornography, animal exploitation, or any other unethical practice. Encode ICT Web Design reserves the right to decline to do business with any client for any reason.

CHANGES TO TERMS OF SERVICE-

Encode ICT Web Design reserves the right to change these terms of service at any time for any reason

Complaints Procedure:

Informal procedure-
Anyone who experiences a problem with their web service provided by Encode ICT should raise the matter directly using our online contact form to do so, giving sufficient information to locate the material (such as an url) and clearly outlining the grounds for complaint.
Encode ICT will approach the individual responsible for the material in question with a view to resolving the matter to the satisfaction of the complainant.
Formal complaints procedure-
The formal complaints procedure should only be used where the complainant feels that the nature of the complaint is too serious to be dealt with informally, or where a satisfactory conclusion has not been reached after following the informal procedure.
A formal complaint should be made in writing to Encode ICT, who will acknowledge receipt and ensure that the matter is looked into as soon as possible.

An initial response to any complaint can be expected within seven days of its receipt; a full and considered response to the complaint should be completed within 30 days and any subsequent remedy implemented with the minimum of delay.