The following terms and conditions apply to all services relating to website development and design provided by Michael Timbs (trading as Amera Tech) to the client. Purchase and/or use of the services shall be considered acceptance of these terms.

Charges

Charges for the services are defined in the project quotation. Quotations are valid for a period of 30 days or as detailed in the quotation. Amera Tech reserves the right to alter a quotation or decline to provide the relevant services after expiry of quotation.

Unless agreed otherwise with the client, all website design services require an advance payment which will be agreed early in the consultation stages. The remaining balance will be due upon final sign off of the project but before the site is passed over or linked to a domain outside of Amera Tech’s ownership.

In some cases, additional charges may be due for expenses relating to the services. These will be advised of and agreed to by the client before any amounts are due. These charges may include such items as domain name purchases, licensed images or software solutions.

Invoicing and payment

Amera Tech shall submit invoices in line with the timescales set out in the consultation and quotation stage. Invoices are normally sent via email, but hard copy invoices are available on request. Payment is due on receipt of the invoice by the client.

Payment for services is due by bank transfer.

Accounts unpaid thirty (30) days after the date of invoice will be considered in default. If the Client in default maintains any information or files on Amera Tech’s web space, Amera Tech will, at its discretion, remove all such material from its web space. Amera Tech is not responsible for any loss of data incurred due to the removal of the service. Removal of such material does not relieve the client of the obligation to pay any outstanding charges assessed to the client’s account.

Client Review

Amera Tech will provide the Client with an opportunity to review the appearance and content of the website during the design phase and once the overall website development is completed. At the completion of the project, such materials will be deemed to be accepted and approved unless the client notifies Amera Tech otherwise within ten (10) days of the date the materials are made available to the Client.

Turnaround Time and Content Control

Amera Tech will endeavour to complete the project and make the content available to the client within the timeframe agreed in the consultation process. Where a project does not complete in the expected time frame, Amera Tech will inform the client, provide a reason for the delay and agree a new target date. Failure to complete the works in the expected time does not constitute a breach of contract and no penalties or costs will be undertaken by Amera Tech.

Website content

The customer is expected, unless otherwise agreed, to provide all wording and content for the website.

Amera Tech will liaise with the client regarding prompt delivery of required content. Amera Tech will not fall responsible for additional costs or delayed project time frames as a result of client generated content not being provided.

Web Browsers

Amera Tech makes every effort to ensure websites are designed to be viewed by the majority of visitors. Websites are designed to work with the most popular current browsers (e.g. Firefox, Google Chrome, Microsoft Edge etc.). The Client agrees that Amera Tech cannot guarantee correct functionality with all browser software across different operating systems.

Amera Tech cannot accept responsibility for web pages which do not display acceptably in new versions of browsers released after the website has been designed and handed over to the client. As such, Amera Tech reserves the right to quote for any work involved in changing the website design or website code for it to work with updated browser software.

Termination

Termination of services by the client must be requested via email and will be effective on receipt of such notice and a confirmation is received by the client. The client will be invoiced for work completed to the date of first notice of cancellation for payment in full.

Indemnity

All Amera Tech services may be used for lawful purposes only. The Client agrees to indemnify Amera Tech against all damages, losses and expenses arising as a result of any and all actions or claims resulting from the client’s use of Amera Tech’s service.

Design Credit and Marketing

A link to Amera Tech will appear in either small type or by a small graphic at the bottom of the client’s website. If a graphic is used, it will be designed to fit in with the overall site design. If a client requests that the design credit be removed, a nominal fee of £200 will be applied.

The client agrees that the website developed for the client may be presented in Amera Tech’s portfolio, and hereby grants Amera Tech a worldwide, perpetual, non-exclusive licence to use its name, logo and branding for advertising, marketing and promotional activities.

Post-Placement Alterations

Amera Tech cannot accept responsibility for any alterations caused by the client or a third party occurring to the website once installed.

Domain Names

Amera Tech may purchase domain names on behalf of the client. Payment in relation to, and renewal of, those domain names is the responsibility of the client. The loss, cancellation or otherwise of the domain brought about by non or late payment is not the responsibility of Amera Tech. The client should keep a record of the due dates for payment to ensure that payment is received in good time.

Search Engines

Where, Search Engine Optimisation (SEO) is part of the scope or works, Amera Tech will endeavour to use good practice with regards to the client’s sites appearance in search results. A site’s visibility on search engine can depend on many factors including user traffic and other variables outside of Amera Tech’s remit. The client agrees that Amera Tech cannot guarantee placement within search engines and are thus not responsible for any outcomes resulting from such placement.

Ongoing costs

Depending on the services used, any quoted project may include ongoing (monthly or yearly) costs. Amera Tech will invoice for these at least 1 month prior to any amounts becoming due. These costs are subject to change without explanation. Failure to pay before the due date will result in the applicable service being removed and ongoing responsibility being passed over to the client.

Data protection and user data

It is the responsibility of the client to ensure that the website adheres to any laws or regulation relating to the storage, security and/or use of any user data, whether hosted by Amera Tech or not.

Amera Tech may quote, as a separate project, to implement any solution requested by the client to uphold any laws or regulatory obligations.

The following terms and conditions apply to all services relating to the supply, installation and management of networks in homes and businesses provided by Michael Timbs (trading as Amera Tech) to the client. Purchase and/or use of the services shall be considered acceptance of these terms.

Charges

Charges for the services are defined in the project quotation. Due to price fluctuations in the cost of network equipment quotations Amera Tech reserves the right to alter a quotation or decline to provide the relevant services at the quoted level until the quotation is accepted.

Unless agreed otherwise with the client, all network services projects require an advance payment for the cost of the equipment as quoted. The remaining balance will be due following the installations of products.

Invoicing and payment

Amera Tech shall submit invoices in line with the timescales set out in the consultation and quotation stage. Invoices are normally sent via email, but hard copy invoices are available on request. Payment is due on receipt of the invoice by the client.

Payment for services is due by bank transfer.

Accounts unpaid thirty (30) days after the date of invoice will be considered in default. In this event, and if the network is managed by Amera Tech, we may shut down the network until our balance is paid. Amera Tech is not responsible for any loss or costs relating to the removal of the service in such cases. Removal of the service does not relieve the client of their obligation to pay any outstanding charges and we may seek to reclaim any installed equipment to recover our costs.

Project Time Frame

Amera Tech will endeavour to complete the project within the timeframe agreed in the consultation process. Where a project does not complete in the expected time frame, Amera Tech will inform the client, provide a reason for the delay and agree a new target date. Failure to complete the works in the expected time does not constitute a breach of contract and no penalties or costs will be undertaken by Amera Tech.

Managed Network Services

Network Support and Call Outs

Where a managed network forms part of the scope of work, Amera Tech will provide remote management and/or physical visits to resolve issues where applicable. These interactions are covered by the annual service charge however in some cases additional costs may be applicable. These cases could include, but are not limited to, new equipment requirement, equipment replacement or mistaken call outs. If any additional costs are required, the client will be informed accordingly.

Managed Network Service Standards

Amera Tech does not operate a 24/7 service desk and cannot offer any guaranteed service delivery standards. We will endeavour to assist our clients in a timely manor however are not responsible for any loss or costs relating to the timeframe in which we resolved any issues.

Managed Network Data and Privacy

With a managed network service, a certain amount of data will inevitably be available to Amera Tech. This data will include network statistics such as devices on the network, where in relation to the access points those devices are and how much network traffic is being used by each device and as a whole. Amera Tech does not track websites viewed, online services used, specific data or files used on the network or any other specific use of your network or internet connection. What’s more, Amera Tech will only view your network statistics where there is a direct requirement to so.

For businesses users, and in some cases home users, where a guest network is provided, there may be a desire to have full ‘Deep Packet Inspection’ enabled. This will provide partial tracking of online activity linked to individual devices. This service will only be provided upon specific request where the signing of additional terms will be required.

Amera Tech does not store your network statistic data but merely has remote access into a controller inside the client’s own home or premises. As such, if for any reason the client would like to revoke access, they can do so by simply removing the controller device. This will not impact the normal operation of the network however will stop Amera Tech being able to provide services.

As no data is stored by Amera Tech or moved outside of the client’s home or premises, Amera Tech does not adhere to any data retention, privacy or any other regulatory obligation pertaining to this specific data.

Charges & Termination of Managed Network Services

Managed Network services are charged either monthly or yearly in advance and are non-refundable. Amera Tech will invoice for these at least 1 month prior to any amounts becoming due. These costs are subject to change without explanation. Failure to pay before the due date will result in the applicable service being removed and ongoing responsibility being passed over to the client.

Termination of services by the client must be requested via email following which Amera Tech will organise transferring control of the network back to the client. For security reasons we will only provide control back to the client and not third parties.

No part-refund will be provided for remaining time not used.

Scope Beyond Our Control

In most cases installed networks are used to provide internet access around the home or business. Amera Tech is however not an Internet Service Provider (ISP) and an internet connection into the property is required, paid for separately to the ISP.

Amera Tech is not responsible for the actual internet connection into your property or the ISP provided modem/router.

Indemnity

All Amera Tech services may be used for lawful purposes only. The Client agrees to indemnify Amera Tech against all damages, losses and expenses arising as a result of any and all actions or claims resulting from the client’s use of Amera Tech’s service.

Installation Credit and Marketing

The client agrees that non-identifiable information about the installation may be used in Amera Tech’s advertising, marketing and promotional activities. This may include, but not limited to, a photo of the installed equipment or description of the network build. Amera Tech will omit any identifiable information from such activities.

If a client would like to be excluded from such activities, they must inform Amera Tech prior to the project completion. In such cases Amera Tech may still keep for its own ability to provide a service to the client, any pictures or details about the project for as long as it is relevant.

Post-Placement Alterations

Amera Tech cannot accept responsibility for any alterations caused by the client or a third party occurring to the installation once installed.

Warranties

All products supplied by Amera Tech come with a one year warranty provided by the product manufacturer. If an managed network service is provided which may extend beyond this time, your product warranty is not also extended.

Refunds and Project Cancellations

Where a client would like to cancel an upcoming project, Amera Tech must be informed via telephone call to avoid any missed communications. Refunds are available based on the following rules.

• Projects cancelled up to 48 hours prior to installation are eligible for a full refund minus any postage costs incurred by Amera Tech.
• Projects cancelled within 48 hours of the installation date are eligible for a refund of the installation aspect of the project only.
• Once products are opened or installed and/or installation teams are on site, no refunds, part or in-full, are available.