Terms & Conditions
These Terms of Service (the “Agreement”) are an agreement between ImakeThe.net. (” ImakeThe.net” or “us” or “our”) and you (“User” or “you” or “your”). This Agreement sets forth the general terms and conditions of your use of the products and services made available by Imakethe.net and of the Imakethe.net website (collectively, the “Services”). By using the Services, you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorized to use or access the Services.
Additional Policies and Agreements
Use of the Services is also governed by the following policies, which are incorporated by reference. By using the Services, you also agree to the terms of the following policies.
Additional terms may also apply to certain Services, and are incorporated by reference herein as applicable. For example, if you register a domain name with us, then the Domain Registration Agreement will also apply to you and would be incorporated herein.
By registering for or using the Services, you represent and warrant that:
You are eighteen (18) years of age or older. The Services are intended solely for Users who are eighteen (18) years of age or older. Any registration, use of or access to the Services, by anyone under eighteen (18) is unauthorized and is a violation of this Agreement.
If you use the Services on behalf of another party you agree that you are authorized to bind such other party to this Agreement and to act on such other party’s behalf with respect to any actions you take in connection with the Services.
It is your responsibility to provide accurate, current, and complete information on the registration forms, including an email address that is different from the domain you are signing up under. If there is ever an abuse issue or we need to contact you, we will use the primary email address we have on file. It is your responsibility to ensure that the contact information for your account, including any domain accounts is accurate, correct and complete at all times. Imakethe.net is not responsible for any lapse in the Services, including without limitation, any lapsed domain registrations due to outdated contact information being associated with the domain. If you need to verify or change your contact information, please contact our sales team via email or update your contact information through the Imakethe.net
Billing and Support System.
Providing false contact information of any kind may result in the termination of your account. In dedicated server purchases or certain other cases, you may be required to provide government issued identification and possibly a scan of the credit card used for verification purposes. Failure to provide the information requested may result in your order being denied.
You agree to be fully responsible for all use of your account and for any actions that take place through your account. It is your responsibility to maintain the confidentiality of your password and other information related to the security of your account. Any dedicated IP order in addition to those provided with a hosting package may be subject to IP justification. IP justification practices are subject to change to remain in compliance with the policies of the American Registry for Internet Numbers (ARIN). We reserve the right to deny any dedicated IP request based on insufficient justification or current IP utilization.
Our Transfers Team will make every effort to help you move your website to us. Transfers are provided as a courtesy service for up to 10 cPanel accounts (additional migrations are available at our standard hourly admin rate). We must be able to obtain a FULL cPanel backup from your current host and the compressed account size shall not exceed 1 GB.
We do not make any guarantees regarding the availability, possibility, or time required to complete an account transfer. Each hosting company is configured differently, and some hosting platforms save data in an incompatible or proprietary format, which may make it extremely difficult, if not impossible, to migrate some or all account data. In some cases we may not be able to assist you in a transfer of data from an old host. The free transfer service is available for thirty (30) days from your sign up date.
Transfers outside of the thirty (30) day period will incur a charge; please contact a member of our Transfers department to receive a price quote. In no event shall Imakethe.net be held liable for any lost or missing data or files resulting from a transfer to or from Imakethe.net. You are solely responsible for backing up your data in all circumstances.
Except for User Content (as defined below), all content available through the Services, including designs, text, graphics, images, video, information, software, audio and other files, and their selection and arrangement, and all software used to provide the Services (collectively, ” Imakethe.net Content”), are the proprietary property of Imakethe.net or Imakethe.net’s licensors. Imakethe.net Content may not be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, sold or exploited for any purpose in any form or by any means, in whole or in part, other than as expressly permitted in this Agreement. You may not, directly or indirectly, reverse engineer, decompile, disassemble or otherwise attempt to derive source code or other trade secrets from any Imakethe.net Content. Any use of Imakethe.net Content, other than as specifically authorized herein, is prohibited and will automatically terminate your rights to use the Services and any Imakethe.net Content. All rights to use Imakethe.net Content that are not expressly granted in this Agreement are reserved by Imakethe.net and Imakethe.net’s licensors.
You may be able to upload, store, publish, display and distribute information, text, photos, videos and other content on or through the Services (collectively, “User Content”). User Content includes any content posted by you or by users of any of your websites hosted through the Services (“User Websites”). You are solely responsible for any and all User Content and any transactions or other activities conducted on or through User Websites. By posting or distributing User Content on or through the Services, you represent and warrant to Imakethe.net that (i) you have all the necessary rights to post or distribute such User Content, and (ii) your posting or distribution of such User Content does not infringe or violate the rights of any third party.
You may not however use your /home/ directory as a location to place backups. Including cPanel/WHM/Third Party applications. All websites are automatically backed-up nightly in third party locations. If you would like to conduct your own backups you may do so via your website hosting control panel. Imakethe.net reserves the right to remove any files that violate this policy under our sole discretion. User’s that violate this policy are subject to immediate suspension and/or termination.
Solely for purposes of providing the Services, you hereby grant to Imakethe.net a non-exclusive, royalty-free, worldwide right and license to: (i) use, reproduce, publicly perform, publicly display, modify, translate, excerpt (in whole or in part), publish and distribute User Content; and (ii) make archival or back-up copies of User Content and User Websites. Except for the rights expressly granted herein, Imakethe.net does not acquire any right, title or interest in or to the User Content, all of which shall remain solely with you.
Imakethe.net exercises no control over, and accepts no responsibility for, User Content or the content of any information passing through Imakethe.net’s computers, network hubs and points of presence or the Internet. Imakethe.net does not monitor User Content. However, you acknowledge and agree that Imakethe.net may, but is not obligated to, immediately take any corrective action in Imakethe.net’s sole discretion, including without limitation removal of all or a portion of the User Content or User Websites, and suspend or terminate any and all Services without refund if you violate the terms of this Agreement. You hereby agree that Imakethe.net shall have no liability due to any corrective action that Imakethe.net may take.
Third Party Products and Services
Third Party Providers
Imakethe.net may offer certain third party products and services. Such products and services may be subject to the terms and conditions of the third party provider. Discounts, promotions and special third party offers may be subject to additional restrictions and limitations by the third party provider. You should confirm the terms of any purchase and the use of goods or services with the specific third party provider with whom you are dealing.
Imakethe.net does not make any representations or warranties regarding, and is not liable for, the quality, availability, or timeliness of goods or services provided by a third party provider. You undertake all transactions with these third party providers at your own risk. We do not warrant the accuracy or completeness of any information regarding third party providers. Imakethe.net is not an agent, representative, trustee or fiduciary of you or the third party provider in any transaction.
Imakethe.net as Reseller or Licensor
Imakethe.net may act as a reseller or licensor of certain third party services, hardware, software and equipment used in connection with the Services (“Non- Imakethe.net Products”). Imakethe.net shall not be responsible for any changes in the Services that cause any Non- Imakethe.net Products to become obsolete, require modification or alteration, or otherwise affect the performance of the Services. Any malfunction or manufacturer’s defects of Non- Imakethe.net Products, either sold, licensed or provided by Imakethe.net to you will not be deemed a breach of Imakethe.net’s obligations under this Agreement. Any rights or remedies you may have regarding the ownership, licensing, performance or compliance of any Non- Imakethe.net Product are limited to those rights extended to you by the manufacturer of such Non- Imakethe.net Product. You are entitled to use any Non- Imakethe.net Product supplied by Imakethe.net only in connection with your use of the Services as permitted under this Agreement. You shall make no attempt to copy, alter, reverse engineer, or tamper with such Non- Imakethe.net Product or to use it other than in connection with the Services. You shall not resell, transfer, export or re-export any Non- Imakethe.net Product, or any technical data derived therefrom, in violation of any applicable law, rules or regulations.
Third Party Websites
The Services may contain links to other websites that are not owned or controlled by Imakethe.net (“Third Party Sites”), as well as articles, photographs, text, graphics, pictures, designs, sound, video, information, and other content or items belonging to or originating from third parties (“Third Party Content”). We are not responsible for any Third Party Sites or Third Party Content accessed through the Services. Third Party Sites and Third Party Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us. If you decide to access Third Party Sites or to access or use any Third Party Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable third party’s terms and policies, including privacy and data gathering practices of any website to which you navigate.
Prohibited Persons (Countries, Entities, And Individuals).
The U.S. Department of the Treasury, through the Office of Foreign Assets Control (“OFAC”), prohibits U.S. companies from engaging in all or certain commercial activities with certain sanctioned countries (each a “Sanctioned Country”) and certain individuals, organizations or entities, including without limitation, certain “Specially Designated Nationals” (“SDN”) listed by OFAC. If you are located in a Sanctioned Country or are listed as an SDN, you are prohibited from registering or signing up with, subscribing to, or using the Services. Unless otherwise provided with explicit permission, Imakethe.net also does not register, and prohibits the use of any of our Services in connection with, any Country-Code Top Level Domain Name (“ccTLD”) for any Sanctioned Country.
Account Security and Imakethe.net Systems.
It is your responsibility to ensure that scripts/programs installed under your account are secure and permissions of directories are set properly, regardless of the installation method. When at all possible, set permissions on most directories to 755 or as restrictive as possible. Users are ultimately responsible for all actions taken under their account. This includes the compromise of credentials such as user name and password. You are required to use a secure password. If a weak password is used, your account may be suspended until you agree to use a more secure password. Audits may be done to prevent weak passwords from being used. If an audit is performed, and your password is found to be weak, we will notify you and allow time for you to change or update your password before suspending your account.
The Services, including all related equipment, networks and network devices are provided only for authorized customer use. Imakethe.net may, but is not obligated to, monitor our systems, including without limitation, to ensure that use is authorized, to facilitate protection against unauthorized access, and to verify security procedures, survivability, and operational security. During monitoring, information may be examined, recorded, copied and used for authorized purposes. By using the Services, you consent to monitoring for these purposes.
Any account found connecting to a third party network or system without authorization from the third party is subject to suspension. Access to networks or systems outside of your direct control requires the express written consent of the third party. Imakethe.net may, at our discretion, request documentation to prove that your access to a third party network or system is authorized. Any account that is found to be compromised may be disabled and/or terminated. If you do not clean up your account after being notified by Imakethe.net of an ongoing issue, we reserve the right to keep your account disabled. Upon your request, Imakethe.net may clean-up your account for an additional fee.
Imakethe.net reserves the right to migrate your account from one data center to another in order to comply with applicable data center policies, local law or for technical or other reasons without notice.
HIPAA Disclaimer. We are not “HIPAA compliant.”
You are solely responsible for any applicable compliance with federal or state laws governing the privacy and security of personal data, including medical or other sensitive data. You acknowledge that the Services may not be appropriate for the storage or control of access to sensitive data, such as information about children or medical or health information. Imakethe.net does not control or monitor the information or data you store on, or transmit through, the Services. We specifically disclaim any representation or warranty that the Services, as offered, comply with the federal Health Insurance Portability and Accountability Act (“HIPAA”). Customers requiring secure storage of “protected health information” as defined under HIPAA are expressly prohibited from using the Services for such purposes. Storing and permitting access to “protected health information” is a material violation of this Agreement, and grounds for immediate account termination. We do not sign “Business Associate Agreements” and you agree that Imakethe.net is not a Business Associate or subcontractor or agent of yours pursuant to HIPAA. If you have questions about the security of your data, you should contact email@example.com
Compatibility with the Services
You agree to cooperate fully with Imakethe.net in connection with Imakethe.net’s provision of the Services. It is solely your responsibility to provide any equipment or software that may be necessary for your use of the Services. To the extent that the performance of any of our obligations under this Agreement may depend upon your performance of your obligations, Imakethe.net is not responsible for any delays due to your failure to timely perform your obligations.
You are solely responsible for ensuring that all User Content and User Websites are compatible with the hardware and software used by Imakethe.net to provide the Services, which may be changed by Imakethe.net from time to time in our sole discretion.
You are solely responsible for backing-up all User Content, including but not limited to, any User Websites. Imakethe.net does not warrant that we back-up any User Content, and you agree to accept the risk of loss of any and all User Content.
Billing and Payment Information
Users may not jump to multiple accounts to abuse “new customer” discounts. Users in violation of this policy will have both accounts suspended until all outstanding invoices are satisfied. Users that abuse our discount system are subject to termination without a refund.
It is your responsibility to ensure that your payment information is up to date, and that all invoices are paid on time. You agree to pay for the Services in advance of the time period during which such Services are provided. Subject to applicable laws, rules, and regulations, payments received will be first applied to the oldest outstanding invoice in your billing account.
Unless otherwise provided, you agree that until and unless you notify Imakethe.net of your desire to cancel the Services, you will be billed on an automatically recurring basis to prevent any disruption to your Services, using your credit card or other billing information on file with us.
Listed fees for the Services do not include any applicable sales, use, revenue, excise or other taxes imposed by any taxing authority. Any applicable taxes will be added to Imakethe.net’s invoice as a separate charge to be paid by you. All fees are non-refundable when paid unless otherwise stated.
All invoices must be paid within seven (7) days of the invoice due date. Any invoice that is outstanding for more than seven (7) days may result in the suspension or termination of Services. Access to the account will not be restored until payment has been received. If you fail to pay the fees as specified herein, Imakethe.net may suspend or terminate your account and pursue the collection costs incurred by Imakethe.net, including without limitation, any arbitration and legal fees, and reasonable attorneys’ fees. Imakethe.net will not activate new orders or activate new packages for customers who have an outstanding balance on their account.
It is solely your responsibility to notify Imakethe.net’s Billing department via a support ticket created from https://www. Imakethe.net/clientarea.php after purchasing a domain. Domain renewal notices are provided as a courtesy reminder and Imakethe.net is not responsible for a failure to renew a domain or a failure to notify a customer about a domain’s renewal. Domain renewals are billed and renewed thirty (30) days before the renew date.
It is a violation of this Agreement for you to misuse or fraudulently use credit cards, charge cards, electronic funds transfers, electronic checks, or any other payment method. Imakethe.net may report any such misuse or fraudulent use, as determined in Imakethe.net’s sole discretion, to governmental and law enforcement authorities, credit reporting services, financial institutions and/or credit card companies.
You have ninety (90) days to dispute any charge or payment processed by Imakethe.net. If you have any questions concerning a charge on your account, our billing department directly for assistance.
Imakethe.net offers a thirty (30) day money- back guarantee for Imakethe.net’s hosting services only. Subject to the terms described in Section 13 below, if you are not completely satisfied with these hosting services and you terminate your account within thirty (30) days of signing up for the Services, you will be given a refund of the amount paid for hosting minus a £9 setup fee. This money-back guarantee only applies to fees paid for hosting services and does not apply to administrative fees, install fees for custom software or other setup fees, or to any fees for any other additional services.
Cancellations and Refunds
No refunds will be provided if you use any of the following methods of payment: bank transfers, Western Union payments, checks and money orders. If you use any of these payment methods, any applicable credit will be posted to your hosting account instead of a refund.
If an account with a thirty (30) day money-back guarantee is purchased and then cancelled within the first thirty (30) days of the beginning of the term (the “Money-Back Guarantee Period”), you will, upon your written request to the Imakethe.net Support Team (the “Refund Request”) within thirty (30) days of such termination or cancellation (“Notice Period”), receive a full refund of all basic hosting fees previously paid by you to Imakethe.net for the initial term (“Money-Back Guarantee Refund”); provided that such Money-Back Guarantee Refund shall be due to you only upon your compliance with, and subject in all respects to the terms and conditions of, this Section 13. Requests for these refunds must be made in writing to the Imakethe.net Support Team. Refunds will only be issued for basic hosting services and will not include administrative fees, install fees for custom software or other setup fees, nor will they include any fees for any other additional services. Money Back Guarantee Refunds will not accrue, and shall not be paid under any circumstances, if you do not provide the applicable Refund Request within the Notice Period.
Only first-time accounts are eligible for a refund. For example, if you’ve had an account with us before, canceled and signed up again, or if you have opened a second account with us, you will not be eligible for a refund. Violations of this Agreement will waive your rights under the refund policy.
Non-refundable Products and Services
There are no refunds on domain names, dedicated servers, administrative fees, license fees, install fees for custom software, website design fees and fees for other services other than hosting specifically . Please note that domain refunds will only be considered if the domain was ordered in conjunction with a hosting package and will be issued at Imakethe.net’s sole discretion. Any refunds issued for domain names will be reduced by the market value of the gTLD. Purchases of ccTLDs are non-refundable.
You may terminate or cancel the Services by giving Imakethe.net written notice via email by opening a ticket at www.imakethe.net/contact. In such event: (i) you shall be obligated to pay all fees and charges accrued prior to the effectiveness of such cancellation and (ii) Imakethe.net may, in our sole discretion, refund all pre-paid fees for basic hosting services for the full months remaining after the effectiveness of such cancellation (i.e. no partial month fees shall be refunded) less any setup fees, applicable taxes and any discount applied for prepayment, provided that you are not in breach of this Agreement.
Once we receive your cancellation request and have confirmed all necessary information with you via email, we will inform you in writing (typically email) that your account has been canceled. Your cancellation confirmation will contain a ticket/tracking number in the subject line for your reference and for verification purposes. Imakethe.net will confirm your request and process your cancellation shortly thereafter. If you do not hear back from us please contact us immediately. We require all cancellations to be done through email and we will ask you a number of security questions in order to (a) confirm your identity, (b) confirm in writing that you are prepared for all of your files and emails to be removed, and (c) document the request. This process aims to reduce the likelihood of mistakes, fraudulent/malicious requests, and to ensure that you are aware that your files, emails, and account may be removed immediately and permanently after a cancellation request is processed.
Cancellations for shared accounts will be effective on the account’s renewal date.
Domain renewals are billed and renewed thirty (30) days before the renewal date. It is your responsibility to notify Imakethe.net’s Billing department via a support ticket created from www. Imakethe.net/clientarea.php to cancel any domain registration at least thirty (30) days prior to the renewal date and we will ask you a number of security questions in order to confirm your identity. No refunds will be given once a domain is renewed. All domain registrations and renewals are final.
Exchange rate fluctuations for international payments are constant and unavoidable. All refunds are processed in pounds sterling and will reflect the exchange rate in effect on the date of the refund. All refunds are subject to this fluctuation and Imakethe.net is not responsible for any change in exchange rates between the time of payment and the time of refund.
Imakethe.net may terminate your access to the Services, in whole or in part, without notice in the event that: (i) you fail to pay any fees due; (ii) you violate this Agreement; (iii) your conduct may harm Imakethe.net or others or cause Imakethe.net or others to incur liability, as determined by Imakethe.net in our sole discretion; or (iv) as otherwise specified in this Agreement. In such event, Imakethe.net shall not refund to you any fees paid in advance of such termination, and you shall be obligated to pay all fees and charges accrued prior to the effectiveness of such termination. Additionally, Imakethe.net may charge you for all fees due for the Services for the remaining portion of the then current term.
UPON TERMINATION OF THE SERVICES FOR ANY REASON, USER CONTENT, USER WEBSITES, AND OTHER DATA WILL BE DELETED.
CPU, Bandwidth and Disk Usage
Permitted CPU and Disk Usage
All use of hosting space provided by Imakethe.net is subject to the terms of this Agreement and the Acceptable Use Policy. Shared hosting space may only be used for web files, active email and content of User Websites. Shared hosting space may not be used for storage (whether of media, emails, or other data), including, as offsite storage of electronic files, email or FTP hosts. Imakethe.net expressly reserves the right to review every shared account for excessive usage of CPU, disk space and other resources that may be caused by a violation of this Agreement. You must not impose an unreasonable or disproportionately large load on our
infrastructure or the Services (whether or not the Services have
“unlimited” elements, such as in relation to Internet traffic or disk
usage). Imakethe.net may, in our sole discretion, terminate access to the Services, apply additional fees, or remove or delete User Content for those accounts that are found to be in violation of Imakethe.net’s terms and conditions.
If your shared server has a physical downtime that falls short of the 99.9% uptime guarantee, you may receive one (1) month of credit on your account. This uptime guarantee does not apply to planned maintenance. Approval of any credit is at the sole discretion of Imakethe.net and may be dependent upon the justification provided. Third party monitoring service reports may not be used for justification due to a variety of factors including the monitor’s network capacity/transit availability. The uptime of the server is defined as the reported uptime from the operating system and the Apache Web Server which may differ from the uptime reported by other individual services. To request a credit, please visit www. Imakethe.net/contact to create a support ticket to our Billing department with justification. Uptime guarantees only apply to shared and reseller solutions.
Imakethe.net reserves the right to change prices, the monthly payment amount, or any other charges at any time. We will provide you with at least thirty (30) days’ notice before charging you with any price change. It is your sole responsibility to periodically review billing information provided by Imakethe.net through the user billing tool or through other methods of communication, including notices sent or posted by Imakethe.net.
Discounts and coupon codes are reserved for first-time accounts or first-time customers only and may not be used towards the purchase of a domain registration unless otherwise specified. If you have previously signed up using a particular domain, you may not sign up again for that domain using another coupon at a later date. Any account found in violation of these policies will be reviewed by our Sales department and the appropriate charges will be added to the account. Coupon abuse will not be tolerated and may result in the suspension or termination of your account. All coupons and discounts are only valid towards the initial purchase and do not affect the renewal or recurring price.
Limitation of Liability
IN NO EVENT WILL Imakethe.net ITS DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE SERVICES, OR ANY USER CONTENT, USER WEBSITES OR OTHER MATERIALS ACCESSED OR DOWNLOADED THROUGH THE SERVICES, EVEN IF IMAKETHE.NET IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, IMAKETHE.NET’S LIABILITY TO YOU, OR ANY PARTY CLAIMING THROUGH YOU, FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, IS LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO IMAKETHE.NET FOR THE SERVICES IN THE THREE (3) MONTHS PRIOR TO THE INITIAL ACTION GIVING RISE TO LIABILITY. THIS IS AN AGGREGATE LIMIT. THE EXISTENCE OF MORE THAN ONE CLAIM HEREUNDER WILL NOT INCREASE THIS LIMIT.
You agree to indemnify, defend and hold harmless Imakethe.net, our affiliates, and their respective officers, directors, employees and agents (each an “Indemnified Party” and, collectively, the “Indemnified Parties”) from and against any and all claims, damages, losses, liabilities, suits, actions, demands, proceedings (whether legal or administrative), and expenses (including, but not limited to, reasonable attorney’s fees) threatened, asserted, or filed by a third party against any of the Indemnified Parties arising out of or relating to (i) your use of the Services, (ii) any breach or violation by you of this Agreement; or (iii) any acts or omissions by you. The terms of this section shall survive any termination of this Agreement.
Imakethe.net and User are independent contractors and nothing contained in this Agreement places Imakethe.net and User in the relationship of principal and agent, partners or joint venturers. Neither party has, expressly or by implication, or may represent itself as having, any authority to make contracts or enter into any agreements in the name of the other party, or to obligate or bind the other party in any manner whatsoever.
Imakethe.net shall not be responsible for any damages your business may suffer. Imakethe.net makes no warranties of any kind, expressed or implied for the Services. Imakethe.net disclaims any warranty of merchantability or fitness for a particular purpose, including loss of data resulting from delays, delivery failures, wrong deliveries, and any and all service interruptions caused by Imakethe.net or our employees.
Backups and Data Loss
Your use of the Services is at your sole risk. Imakethe.net’s backup service runs once a night and overwrites any of our previous backups. Only one night of backups are kept at a time. This service is provided only to shared and reseller accounts as a courtesy and may be modified or terminated at any time at Imakethe.net’s sole discretion. Accounts larger than 20GB or 100,000 inodes WILL NOT be included in nighly backups. Imakethe.net is not responsible for files and/or data residing on your account. You agree to take full responsibility for all files and data transferred and to maintain all appropriate backup of files and data stored on Imakethe.net’s servers.
THE SERVICES PROVIDED UNDER THIS AGREEMENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE BASIS.” EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION, IMAKETHE.NET AND OUR AFFILIATES, EMPLOYEES, AGENTS, SUPPLIERS AND LICENSORS DISCLAIM ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, FOR THE SERVICES PROVIDED HEREUNDER. IMAKETHE.NET AND OUR AFFILIATES, EMPLOYEES, AGENTS, SUPPLIERS AND LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES (I) THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR FREE OR COMPLETELY SECURE; (II) AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES; OR (III) AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION PROVIDED THROUGH THE SERVICES. IMAKETHE.NET AND OUR AFFILIATES, EMPLOYEES, AGENTS, SUPPLIERS AND LICENSORS ARE NOT LIABLE, AND EXPRESSLY DISCLAIMS ANY LIABILITY, FOR THE CONTENT OF ANY DATA TRANSFERRED EITHER TO OR FROM USERS OR STORED BY USERS ON OR THROUGH THE SERVICES. THE TERMS OF THIS SECTION SHALL SURVIVE ANY TERMINATION OF THIS AGREEMENT.
Disclosure to Law Enforcement
Imakethe.net may disclose User information to law enforcement agencies without further consent or notification to the User upon lawful request from such agencies. We cooperate fully with law enforcement agencies.
This Agreement, including documents incorporated herein by reference, supersedes all prior discussions, negotiations and agreements between the parties with respect to the subject matter hereof, and this Agreement constitutes the sole and entire agreement between the parties with respect to the matters covered hereby.
The headings herein are for convenience only and are not part of this Agreement
Changes to the Agreement or the Services
Imakethe.net may modify, add, or delete portions of this Agreement at any time. If we have made significant changes to this Agreement, we will post a notice on the Imakethe.net website for at least thirty (30) days after the changes are posted and will indicate at the bottom of this Agreement the date of the last revision. Any revisions to this Agreement will become effective when posted unless otherwise provided. You agree to any modification to this Agreement by continuing to use the Services after the effective date of any such modification.
Imakethe.net reserves the right to modify, change, or discontinue any aspect of the Services at any time.
If any provision or portion of any provision of this Agreement is found to be illegal, invalid or unenforceable by a court of competent jurisdiction, the remaining provisions or portions (unless otherwise specified) thereof shall remain in full force and effect.
No failure or delay by you or Imakethe.net to exercise any right or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or remedy preclude any other or further exercise of any right or remedy. No express waiver of, or assent to, any breach of or default in any term or condition of this Agreement by any party hereto shall constitute a waiver of, or an assent to, any succeeding breach of or default in the same or any other term or condition hereof.
You may not assign or transfer this Agreement or any of your rights or obligations hereunder, without the prior written consent of Imakethe.net. Any attempted assignment in violation of this Agreement shall be null and void and of no force or effect whatsoever. Imakethe.net may assign our rights and obligations under this Agreement, and may engage subcontractors or agents in performing our duties and exercising our rights hereunder, without the consent of User. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective successors and permitted assigns.
Neither party is liable for any default or delay in the performance of any of its obligations under this Agreement (other than failure to make payments when due) if such default or delay is caused, directly or indirectly, by forces beyond such party’s reasonable control, including, without limitation, fire, flood, acts of God, labor disputes, accidents, acts of war or terrorism, interruptions of transportation or communications, supply shortages or the failure of any third party to perform any commitment relative to the production or delivery of any equipment or material required for such party to perform its obligations hereunder.
Except as otherwise expressly provided in this Agreement, nothing in this Agreement is intended, nor shall anything herein be construed to confer any rights in any person other than the parties hereto and their respective successors and permitted assigns. Notwithstanding the foregoing, user acknowledges and agrees that any supplier of a third-party product or service that is identified as a third-party beneficiary in the service description, is an intended third-party beneficiary of the provisions set forth in this Agreement as they relate specifically to its products or services and shall have the right to enforce directly the terms and conditions of this Agreement with respect to its products or services against user as if it were a party to this Agreement.
Website Design & Design Terms & Conditions
We create designs that adapt to the capabilities of many devices and screen sizes. We create them iteratively and use predominantly HTML and CSS or WordPress. We may create wireframes, concepts and mock-up designs. Some of our packages do not include wireframes or mock-ups to save time and money.
You will have plenty of opportunities to review our work and provide feedback. We will either share a Dropbox, Google Drive folder or Github repository or development site with you and we will have regular, possibly daily contact by either phone, email, Skype, or Zoom.
If—at any stage—you change your mind about what you want delivered or aren’t happy with the direction our work is taking, you’ll pay us in full for the time we’ve spent working until that point and may terminate this contract.
Unless agreed separately, we are not responsible for inputting text or images into your content management system or creating every page on your website. We provide professional copywriting and editing services, so if you would like us to create new content or input content for you, we will provide a separate estimate.
You acknowledge that you shall be responsible for performing the following in a reasonable and timely manner:
(a) coordination of any decision-making with parties other than the designer;
(b) provision of content in a form suitable for reproduction or incorporation into the deliverables without further preparation, unless otherwise expressly provided in the specification.
(c) final proofreading and in the event that you have approved deliverables but errors, such as, by way of example, not limitation, typographic errors or misspellings, remain in the finished product, you shall incur the cost of correcting such errors
(d) ensuring that all information and claims comprising the content you provide are accurate, legal and conform to applicable standards in your industry.
Graphics and photographs
You should supply graphic files in an editable, vector digital format. You should supply photographs in a high-resolution digital format. If you choose to buy stock photographs, we can suggest stock libraries. If you would like us to search for photographs for you, we can provide a separate estimate.
Browser testing no longer means attempting to make a website look the same in browsers of different capabilities or on devices with different size screens. It does mean ensuring that a person’s experience of a design should be appropriate to the capabilities of a browser or device.
We test our work in current versions of major desktop browsers including those made by Apple (Safari), Google (Chrome), Microsoft (Edge) and Mozilla Firefox. We will not test in other older browsers unless we agreed separately. If you need an enhanced design for an older browser, we can provide a separate estimate for that.
Mobile browser testing
Testing using popular smaller screen devices is essential in ensuring that a person’s experience of a design is appropriate to the capabilities of the device they are using.
We test our designs in:
iOS: Safari and Google Chrome
Android: Google Chrome
We will not test in Opera Mini/Mobile, specific Android devices, or other mobile browsers unless we agreed separately. If you need us to test using these, we can provide a separate estimate.
You shall notify us, in writing, of any failure of such deliverable to comply with the specifications set forth in the website specification, or of any other objections, corrections, changes or amendments you wish made to such deliverable. You agree to notify us of any problems with the deliverables within 5 working days. In the absence of such notice from you the deliverable shall be deemed accepted.
Technical support & hosting
You agree to pay on an ongoing basis for the website hosting if you need us to host your website. We will have told you how much the hosting payment will be. You agree to pay for the website hosting on the agreed schedule.
We provide free technical support as part of our website hosting plans. We do not provide free technical support if you do not host the website with us.
You agree to the website hosting terms and conditions available at:
If you wish to host somewhere else, we can set up your site on a server, provide technical support plus any statistics software such as Google Analytics and will provide a separate estimate for that. Then, the updates to, and management of that server will be up to you unless you host the website with us and we have agreed to do so in the specification.
Search engine optimisation (SEO)
We do not guarantee improvements to your website’s search engine ranking, but the pages that we develop are accessible to search engines. If you require ongoing search engine optimisation work, then we will provide a separate estimate for that
Changes and revisions
We do not want to limit your ability to change your mind. The price at the beginning of the contract is based on the number of days or weeks that we estimate we will need to accomplish everything you have told us you want to achieve, but we’re happy to be flexible. If you want to change your mind or add anything new, that will not be a problem as we will provide a separate estimate for those additional days or weeks.
You pay additional charges for changes requested by you which are outside the scope of the services on a time and materials basis, at our standard hourly rate of £15 per hour. Such charges shall be in addition to all other amounts payable under the specification, despite any maximum budget, contract price or final price identified therein. We may extend or modify any delivery schedule or deadlines in the specification and deliverables as may be required by such changes.
If you request or instruct changes that amount to a revision in or near excess of percent 20% of the time required to produce the deliverables, and or the value or scope of the services, we are entitled to submit a new and separate specification to you for written approval. Work shall not begin on the revised services until revised specification is approved and, if required, any additional retainer fees are received by us.
You acknowledge that we have reserved time exclusively to perform the services. accordingly, in the event you cause a delay in the services, you shall pay to us, in addition to fees and expenses already incurred through the date of such delay, a suspension fee equal to £15 per hour for idle time caused by the your delay, unless we are able to secure other work for that time for the same or greater compensation. You acknowledge that if we accept other work because of a delay caused by you, we may adjust time to complete the services as necessary to accommodate such other work.
We will carry out our work in accordance with good industry practice and at the standard expected from a suitably qualified person with relevant experience. That said, we can’t guarantee that our work will be error-free and so we can’t be liable to you or any third-party for damages, including lost profits, lost savings or other incidental, consequential or special damages, even if you’ve advised us of them.
Your liability to us will also be limited to the amount of fees payable under the contract and you won’t be liable to us or any third-party for damages, including lost profits, lost savings or other incidental, consequential or special damages, even if we’ve advised you of them.
Finally, if any provision of this contract shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this contract and shall not affect the validity and enforceability of any remaining provisions.
Each party acknowledges that in connection with this agreement it may receive certain confidential or proprietary technical and business information and materials of the other party (“Confidential Information”). Each party, its agents and employees shall hold and maintain in strict confidence all confidential Information, shall not disclose confidential Information to any third party, and shall not use any confidential Information except as may be necessary to perform its obligations under the project, except as may be required by a court or government authority. Notwithstanding the foregoing, confidential Information shall not include any information that is in the public domain or becomes publicly known through no fault of the receiving party or is otherwise properly received from a third party without an obligation of confidentiality.
Intellectual property rights
Just to be clear, “Intellectual property rights” means all patents, rights to inventions, copyright (including rights in software) and related rights, trademarks, service marks, get up and trade names, internet domain names, rights to goodwill or to sue for passing off, rights in designs, database rights, rights in confidential information (including know-how) and any other intellectual property rights, in each case whether registered or unregistered and including all applications (or rights to apply) for, and renewals or extensions of, such rights and all similar or equivalent rights or forms of protection which subsist or shall subsist now or in the future in any part of the world.
First, you guarantee that all elements of text, images or other artwork you provide are either owned by your good selves, or that you’ve permission to use them. When you provide text, images or other artwork to us, you agree to protect us from any claim by a third party that we are using their intellectual property.
We guarantee that all elements of the work we deliver to you are to the best of our knowledge either owned by us or we have obtained permission to provide them to you. Provided you have paid for the work and that this contract has not been terminated, we will assign all intellectual property rights to you as follows:
You will own the website we design for you plus the visual elements that we create for it. We will give you source files and finished files and you should keep them somewhere safe as we are not required to keep a copy. You own all intellectual property rights of text, images, site specification and data you provided, unless someone else owns them.
We will own any intellectual property rights we have developed prior to or developed separately from the project and not paid for by you. We will own the unique combination of these elements that constitutes a complete design and we will license its use to you, exclusively and in perpetuity for this project only, unless we agree otherwise.
Relationship of parties
We are independent contractors, not an employee of you or any company affiliated with you. We shall provide the services under the general direction of client, but we shall determine, in our sole discretion, the manner and means by which the services are accomplished. The agreement does not create a partnership or joint venture and neither party is authorized to act as agent or bind the other party except as expressly stated in this agreement. All rights, if any, granted to you are contractual in nature and are wholly defined by the express written agreement of the parties and the various terms and conditions of this agreement.
The parties expressly acknowledge that this agreement does not create an exclusive relationship between the parties. You are free to engage others to perform services of the same or similar nature to those provided by us, and we shall be entitled to offer and provide design services to others, solicit other clients and otherwise advertise the services offered by us.
You agree to indemnify, save and hold harmless us from any and all damages, liabilities, costs, losses or expenses arising out of any claim, demand, or action by a third party arising out of any breach of your responsibilities or obligations, representations or warranties under the agreement.
Displaying our work & attributions
We love to show off our work, so we reserve the right to display all aspects of our creative work, including sketches, work-in-progress designs and the completed project on our portfolio and in articles on websites, in magazine articles and in books. You agree that we may display a hyperlink to our website (www.imakethe.net) at the bottom of your website in the footer.
Disclaimer of Warranties
We shall complete website design services for your purposes and to your specifications. WE DO NOT REPRESENT OR WARRANT THAT SUCH DELIVERABLES WILL CREATE ANY ADDITIONAL PROFITS, SALES, EXPOSURE, BRAND RECOGNITION, OR THE LIKE. WE HAVE NO RESPONSIBILITY TO YOU IF THE DELIVERABLES DO NOT LEAD TO YOUR DESIRED RESULT(S).
Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL EITHER PARTY BE LIABILE TO THE OTHER PARTY OR ANY THIRD PARTY FOR ANY DAMAGES RESULTING FROM ANY PART OF THE AGREEMENT SUCH AS, BUT NOT LIMITED TO, LOSS OF REVENUE OR ANTICIPATED PROFIT OR LOST BUSINESS, COSTS OF DELAY OR FAILURE OF DELIVERY.
We will prioritize performance of the services as may be necessary or as identified in the specification and will undertake commercially reasonable efforts to perform the services within the time(s) identified in the specification. You agree to review deliverables within the time identified for such reviews and to promptly either (i) approve the deliverables in writing or (ii) provide written comments sufficient to identify your concerns, objections or corrections. We are entitled to request written clarification thereof.
You acknowledge and agree that our ability to meet schedules is entirely dependent upon your prompt performance of your obligations to provide materials and written approvals and/or instructions pursuant to the specification and that any delays in your performance or changes in the services or deliverables requested by client may delay delivery of the deliverables. Any such delay caused by you shall not constitute a breach of this agreement by us.
The project pricing includes our fee only. Any and all outside costs including, but not limited to, equipment rental, photographer’s costs and fees, photography and/or artwork licenses, prototype production costs, talent fees, music licenses and online access or hosting fees, will be billed to you unless specifically otherwise provided for in the specification.
We are sure you understand how important it is as a small business that you pay the invoices that we send you promptly. As we are also sure you will want to stay friends, you agree to stick tight to the payment schedule.
We issue invoices electronically. Our payment terms are 7 days from the date of invoice by BACS or Stripe or PayPal. All proposals are quoted in pounds sterling and payments will be made at the equivalent conversion rate at the date the transfer is made.
You agree to pay all charges associated with international transfers of funds. The appropriate bank account details will be printed on our electronic invoice or there will be an option to pay online by credit or debit card. We reserve the right to charge interest on all overdue debts at the rate of 1.5% per month or part of a month.
You are responsible for all collection or legal fees necessitated by lateness or default in payment. We reserve the right to withhold deliverables if accounts are not current or overdue invoices are not paid in full. All grants of any license to use or transfer of ownership of any intellectual property rights under this agreement are conditioned upon receipt of payment in full, including any outstanding additional costs, taxes, expenses, fees, charges, or the cost of changes.
Neither of us can transfer the contract to anyone else without the other’s permission.
We both agree that we will adhere to all relevant laws and regulations in relation to our activities under this contract and not cause the other to breach any relevant laws or regulations.
The contract stays in place and need not be renewed. If for some reason one part of this contract becomes invalid or unenforceable, the remaining parts of it remain in place.