Terms and Conditions
iCreationsLab will carry out work only when an agreement is provided either by email, telephone, mail or fax. iCreationsLab will carry out work only for Client who are 18 years of age or above. An ‘order’ is deemed to be a written or verbal contract between iCreationsLab and the Client. This includes telephone and email agreements.
Client agree to use all iCreationsLab services and facilities at your own risk. iCreationsLab specifically disclaims all warranties of merchantability for a particular purpose. In no event shall iCreationsLab be liable for any loss, or loss of data, or other commercial damage, including but not limited to special, incidental, consequential or other damages. Client agrees that it shall defend, indemnify, save and hold iCreationsLab harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees asserted against iCreationsLab, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by Client, it’s agents, employees or assigns.
Whilst every effort will be made to ensure that the website and any scripts or programs are free of errors, iCreationsLab 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 iCreationsLab until all outstanding accounts are paid in full. Any scripts, cgi applications, php scripts, or software (unless specifically agreed) written by iCreationsLab remain the copyright of iCreationsLab and may only be commercially reproduced or resold with the permission of iCreationsLab.
Client agrees to fully indemnify and hold iCreationsLab harmless against any and all claims, and expenses (including legal fees) incurred as a resuly of any copyright infringements caused by materials submitted by the Client. iCreationsLab 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 briefs provided will be carried out at the discretion of iCreationsLab and where such additions is made by other third party, iCreationsLab accept no responsibility to ensure such additions are error free and reserve the right to charge an amount for any correction to these or further additions.
Client agrees to make available as soon as it is reasonably possible to iCreationsLab all materials required to complete the site to the agreed standard and within the set deadline.
iCreationsLab will not be liable for costs incurred, compensation or loss of earnings due to the failure to meet agreed deadlines.
iCreationsLab will not be liable or get 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. Eg. any disputes regarding content/images that have been provided to us for inclusion on the site etc.
iCreationsLab 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 Client’s appointed agents.
iCreationsLab 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 40% is required with any standard project and 50% for database driven projects before any work will be carried out. This figure may be higher depending on the website nature and is non-refundable.
Once a website has been designed and completed, the final balance of payment is then due in accordance with iCreationsLab payment terms. There are no exceptions to this, i.e If the Client decides they no longer want the site, they are still obliged to pay for the work that has been done as they have commissioned the work and paid a deposit. Non payment will result in legal action being taken if necessary. Once full payment is received for a website, it is assumed that the project has been completed to the Client’s satisfaction and no refunds can be offered.
Database, Application and E-Commerce Development
iCreationsLab will not be responsible for any losses incurred by the use of any software created for the Client. 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, applications or software (unless specifically agreed) written by iCreationsLab remain the copyright of iCreationsLab and may only be commercially reproduced or resold with the permission of iCreationsLab.
Where applications or sites are developed on servers not recommended by iCreationsLab, 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 client’s responsibility to provide a suitable testing environment which is identical to the final production environment.
The Client is expected to fully test any application or programming relating to a site developed by iCreationsLab before being made generally available for use. Where “bugs”, errors or other issues are found after the site is live, iCreationsLab will endeavor (but is not obliged to) to correct these issues to meet the standards of function outlined in the brief.
Client agrees that bandwidth and disk usage shall not exceed the number of megabytes per month for the Hosting Services ordered by Client. iCreationsLab will monitor Client’s bandwidth and disk usage and shall have the right to take corrective action if Client’s bandwidth or disk usage exceeds the agreed usage. Such corrective action may include the assessment of additional charges, disconnection or discontinuance of any and all Hosting Services.
All accounts are monitored for their use of server resources. If any account is using a high amount of server resources, iCreationsLab will contact the Client to discuss the issue with them. In serious cases where an account is using a considerably large amount of system resources (memory, CPU etc.), the account may be suspended or script disabled immediately without notice to maintain the smooth running of the server.
Any Hosting Account / Reseller Account / E-mail Hosting Account may not use more than 1% CPU daily, 3% memory daily, run more than 5 simultaneous processes, allow any process to run for longer than 15 seconds CPU time, run any process that consumes more than 10% of available CPU at any time, or run any process that consumes more than 32 MB of memory. Databases are limited to 8 max user connections with a max query time of 5 seconds. Cron jobs must not execute more than once every hour.
It is the Client’s responsibility to do all backups of their site. If, in the unfortunate event, something happens to the website, it is the Client’s responsibility to have a local copy of the files. iCreationsLab will not be held liable in any way for any files, money, time, effort, etc lost due to this unfortunate event. iCreationsLab will attempt to restore them (but is not obligated to) as a gesture of good faith, but make no promises whatsoever on whether the files will be brought back successfully or not.
iCreationsLab is committed to a zero-tolerance and anti-Spamming policy. Under this policy, we prohibit Spam, or any unsolicited commercial email, from being sent either: over iCreationsLab network by customers or any other users of the iCreationsLab network (including customers’ customers); and/or over any network – if the message sent advertises or mentions a site hosted on iCreationsLab server. Client hosting websites or services on our server that support spammers or cause any of our IP space to be listed in any of the various Spam Databases will have their Hosting Service disabled immediately. Hosting Service will not be enabled until such time that Client remove ANY and ALL traces of the offending material.
Pornography and sex-related merchandising is prohibited on all iCreationsLab servers. This includes sites that may infer sexual content, or links to adult content elsewhere.
Viruses: Software that attempts to and/or causes damage, harassment, or annoyance to persons, data, and/or computer systems are prohibited. Such offense will result in the immediate termination of the offending account.
Client acknowledges that the nature of the service furnished and the initial rates and charges have been communicated to Client. Client is aware that the iCreationsLab may prospectively change the specified rates and charges from time to time.
iCreationsLab will never use or sell existing customer data on our servers for any purpose.
iCreationsLab agrees not to use any Confidential Information disclosed by the customer for its own use or for any other purposes other than to carry out discussions on the maintenance and troubleshooting of the customer’s account. Confidential Information includes, but not limited to, login information, passwords, files, databases, web designs, configuration information, or financial information of the customer.
Hosting – Service Level Agreement
iCreationsLab is committed to achieve 99.9% network uptime. This Service Level Agreement (SLA) applies if you are using any of our shared hosting services and your account is still active (not past due and not suspended/terminated due to outstanding payment or any other reason) with iCreationsLab.
Hosting – Service Level Agreement – Network
If the network uptime is less than 99.9%, iCreationsLab will issue a credit to the customer upon request in accordance with the following schedule, with the credit being calculated on the basis of the monthly hosting fee:
|99.9% to 100%||0%|
|95% to 99.8%||10%|
|90% to 94.9%||20%|
|90% below||100% (1 month hosting fee)|
Customer shall not receive any credits under this SLA in connection with any failure or deficiency of Service Availability caused by or associated with:
- Circumstances beyond iCreationsLab reasonable control, including but not limited to acts of any governmental body, war, insurrection, sabotage, armed conflict, embargo, fire, flood, strike or other labour disturbance, interruption of or delay in transportation, unavailability of or interruption or delay in telecommunications or third party services, failure of third party software (including but not limited to ecommerce software, payment gateways, chat, statistics or free scripts);
- Caused by viruses attacks or hackers, including Distributed Denial of Service (DDoS) attacks against iCreationsLab network;
- Scheduled maintenance, system upgrades, or emergency maintenance;
- DNS issues that are not within iCreationslab’ control
- Problem with setup of services e.g. FTP, SMTP, POP or IMAP
- Customer’s acts or omissions (or acts or omissions of others engaged or authorized by customer), including, without limitation, custom scripting or coding (e.g. ASP, CGI, HTML, Perl, etc.), any negligence, wilful misconduct, or use of the Customer’s account in breach of iCreationsLab Terms and Conditions;
- Customer’s website causing an unreasonably high level of server resource usage.
- Issues with 3rd party e-mail systems, including refusal or rejection of e-mail by 3rd party mail systems;
- False SLA breaches reported as a result of outages or errors of any iCreationsLab measurement system;
- Outages elsewhere on the Internet that prevent access to your account. iCreationsLab is not responsible for DNS, browser, or other caching that may cause your website or e-mail appear inaccessible when others can still access it.
To request for credit, Customer must email the request to [email protected].
Hosting – Service Level Agreement – Hardware
For hardware issues that require a replacement, the hardware replacement is guaranteed to be complete within the next business day. The countdown begins once the customer email to iCreationsLab support/account manager and iCreationsLab determines the root of the problem to be malfunction hardware. The time it takes to troubleshoot and identify the issue/solution is outside of the Hardware SLA. The next business day Hardware SLA also does not include the time required to install/setup/configure the operating system or applications. Hardware SLA is not inclusive of the scheduled and upgrade maintenances that iCreationsLab carries out. Hardware SLA is on a per-incident, and per-hardware component basis.
Due to external factors, such as changes to the way search engines rank websites etc, iCreationsLab cannot offer any guarantees regarding the position we will achieve for websites. The process of optimizing websites itself will bring in more traffic and hits and Client will see visits increase to the site naturally. iCreationsLab will not be liable for any change in rankings, or drop off in the position of your website due to any changes in the algorithms of the search engines or the factors that they use to rank websites.
iCreationsLab use ‘white hat techniques’ when optimizing websites and always aim to achieve a top ten ranking for your website within six months of undertaking the optimization process. Due to the work involved, payment is generally required in advance and Client is not able to request for refund of any monies in relation to this type of work.
iCreationsLab reserve the right to refuse to handle any work or material which may be deemed offensive, illegal or in any way controversial.
Payment of Accounts
A deposit is required from any Client before any work is carried out. Deposit will be forfeited in the event of termination by the Client at any point of the project. It is the iCreationsLab policy that any outstanding accounts for work carried out by iCreationsLab or its affiliates are required to be paid in full, no later than 14 days from the date of the invoice unless by prior arrangement with iCreationsLab.
In event of termination of the work by Client, iCreationsLab shall have the right to charge on a pro-rated basis for work completed up to the date.
Once a deposit is paid and work is completed, Client is obliged to pay the balance of payment in full. iCreationsLab will contact clients via email and telephone to remind of such payments if they are not received when due.
If accounts are not settled or iCreationsLab have not been contacted regarding the delay, access to the related website may be denied and web pages may be removed. iCreationsLab will then pass such cases to the Small Claims Court to pursue payment. Non-payment can result in County Court Judgment (CCJ) being added to the Client’s 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.
iCreationsLab will not share or sell any of your details with third party companies, without your express permission and will only email you or contact you about work related matters.