Terms & Conditions

Terms & Conditions (we normally refer to when completing a Project)

The details below will give you an understanding of how we operate and we do have certain terms & conditions that govern how we go about working on your project. If you have a project with us you have already received our Terms If you need hosting after the completion of this process, try a VPS Trial see more about VPS Hosting. Although we do not word in such a way whereby you need a Legal Solicitor to decipher, we do outline the main points to cut out any misunderstanding.

Summary of the Terms & Conditions set out by BDI Media

We will always do our best to fulfil your needs and meet your goals, but sometimes it is best to have a few simple things written down so that we both know what is what, who should do what and what happens if things go wrong. In this contract you won’t find complicated legal terms or large passage of unreadable text. We do want what’s best for the interest of both parties, now and in the future. This document has been written in Good Faith and should be used to clarify any future queries.

The Agreement

We will always outline the work agreed in an Agreement which defines who I am ( the web designer ) and you ( the client ). The Agreement will outline the timescale and costs agreed. This will be signed for by both parties and dated. The Agreement will refer to this document (terms & conditions).

Project Quotations

All Quotes given for any work including web design, logo design or any other work quoted by us will be valid for a 30 day period only. After this period we will be happy to quote for the work again, however we cannot guarantee a fixed price and a previous quote given to you will not be taken into consideration.

The payment

After initial discussion and verbal agreement of the work to be carried out on the project I will prepare an agreement for both of us to sign. This will outline the total cost agreed and expected completion date. In Effective, you are partly paying for the time and services of BDI Media and we only agree to allocate the ‘Time Window’ to complete the project. See below the ‘Completion Date and Timescales’.

50% of the project cost is required by us before commencement of any work, domain name registration or setting up of hosting space. Settlement of the remaining amount will be required before the web site is uploaded onto the ‘live server’. All work to new or existing websites will be held on a test server that is not accessible to the general public and is only transferred after payment has been received and funds cleared.

Payments for smaller projects such as website updates and content changes we will quote accordingly and full payment will be required prior to us starting the work.

Completion date and timescales

The completion date is very important to us as we have to plan other projects around this date. We understand that some projects may be completed before the date agreed and other projects may extend beyond the completion date. Any projects delayed due to us not receiving the information previously requested we will normally discuss this with you and agree on the timescale.

If the Project extends beyond the completion date agreed by 4 weeks then we will reschedule the project and we will have to re quote for the outstanding work. We will then reschedule the work and agree on the new timescales and completion date.

Copyright

You guarantee to us that any element of text, graphics, photos, designs, trademarks, or other artwork that you provide to us for inclusion into the website are either owned by you, or that you have permission to use them.

When we receive your final payment, copyright is automatically assigned as follows:

You own the graphics and other visual elements that we create for you for this project. We will give you a copy of all files and you should store them safely as we are not required to keep them or provide any native source files that we used in making them.

You also own text content, photographs and other data you provided, unless someone else owns them. We own the XHTML, markup, CSS and other code and we license it to you for use on only this project.

What do both parties agree to do?

As our customer, you have the power and ability to enter into this contract on behalf of your company or organisation. You agree to provide to us with everything that we need to complete the project including text, images and other information as and when we need it, and in the format that we ask for. You agree to review our work, provide feedback and sign-off approval in a timely manner too. Deadlines work two ways and you will also be bound by any dates that we set together. You also agree to stick to the payment schedule set out at the end of the agreement.

We have the experience and ability to perform the services you need from us and we will carry them out in a professional and timely manner. Along the way we will endeavour to meet all the deadlines set but we can’t be responsible for a missed launch date or a deadline if you have been late in supplying materials or have not approved or signed off our work on-time at any stage. On top of this we will also maintain the confidentiality of any information that you give us.

Design & Development

We will create designs for the look and feel, layout and functionality of your web site. This includes one main design to your satisfaction. If your not happy with the designs at this stage, you will pay us in full for all of the work that we have produced until that point and you may either cancel this agreement or continue to commission us to make further design revisions at the daily rate set out in our original agreement.

XHTML / CSS layout templates

The project may include XHTML or HTML markup and CSS templates, we will develop these using valid XHTML 1.0 strict markup and CSS for styling. We will test all our markup and CSS in current versions of all major browsers including those made by Apple, Microsoft, Mozilla and Opera.

We will not test these templates in old or abandoned browsers, for example Microsoft Explorer 5 or 5.5 for Windows or Mac, previous versions of Apple’s Safari, Mozilla Firefox or Opera unless otherwise specified.

Text content

We may have written a best-seller but we’re not responsible for writing or inputting any text copy unless we specified it in the original agreement. We’ll be happy to help you though, and in addition to the estimate we will include additional copy writing or content that you provide to us.

Photographs

You will supply us photographs in digital format. If you choose to buy stock photographs we can suggest vendors of stock photography.

Changes and revisions (re-work)

We know from plenty of experience that fixed-price contracts are rarely beneficial to you, as they often limit you to your first idea about how something should look, or how it might work. We don’t want to limit either your options or your opportunities to change your mind.

The estimate/quotation prices at the beginning of the agreement are based on the number of days that we estimate we’ll need to accomplish everything that you have told us you want to achieve. If you do want to change your mind, add extra pages or templates or even add new functionality, that won’t be a problem. Depending on the complexity of the additional functionality we may have to quote for this work in addition to the estimate agreed. Along the way we might ask you to put the request in writing so we can keep track of changes.

Legal stuff

We can’t guarantee that the functions contained in any web page templates or in a completed web site will always 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 arising out of the operation of or inability to operate the web site and any other web pages, even if you have advised us of the possibilities of such damages.

If any provision of the agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the agreement between me (the web designer) and you (the client) and shall not affect the validity and enforceability of any remaining provisions.

Mark Cody
Web designer

BDI Media