BLU PRINT WEB DESIGN TERMS OF USE

 

The following terms of use (the “TOU”) apply to all web, app & graphic design/development services provided for client by Blu Print Web Design.

 

ACCEPTANCE

The terms of use apply when Client register with Blu Print Web Design and its services. If Client accept a quote then Client will be deemed to have read, comprehended, and consented to be limited by these terms of use. Please read these terms and conditions carefully. Any purchase or use of our services implies that Client have read and accepted our TOU.

 

Charges and deposits

Charges for services will be provided by Blu Print Web Design in the final project quotation provided to the client via e-mail. Quotations are valid for a period of 30 days. Blu Print Web Design reserves the right to either alter or decline to provide a quotation after expiration of the 30 days.

An advance deposit of 50% of the project quotation total before the work is to be provided to the client for review unless agreed otherwise. The remaining charge of 50% of the project quotation total is due upon completion of the work, prior to upload to the server or release of materials.

Payment for services is due by cash or bank transfer. Bank details will be made available on invoices, cash can be paid directly upon request.

 

Service review

Blu Print Web Design will provide the client with an opportunity to review the appearance and content of the project during the design phase and once the overall project is complete. At the completion of the project, such work product will be deemed to have been accepted and approved unless the client notifies Blu Print Web Design otherwise within 14 days of the date of which the service are made available to the client.

 

Delivery and content control

Blu Print Web Design will install and upload client’s site by the date as agreed with the client upon Blu Print Web Design receiving final payment, unless a delay is specifically requested by the client and agreed by Blu Print Web Design.  During the project, Blu Print Web Design will require the client to provide website content; text, images, movies and sound files as needed.

 

Failure to provide required website content:

Client is advised to provide all the required information in advance. On any occasion where progress cannot be made with Client’s website because we have not been given the required information in the agreed time frame, and we are delayed as result, we reserve the right to impose a surcharge of up to 25%. If Client’s project involves search engine optimisation we need the text content for Client’s site in advance so that the SEO can be planned and completed efficiently. If Client agrees to provide us with the required information and subsequently fail to do so within one week of project commencement we reserve the right to close the project and the balance remaining becomes payable immediately.

Note: Text content should be delivered as a microsoft word, email (or similar) document with the pages in the supplied document representing the content of the relevant pages on Client’s website. These pages should have the same titles as the agreed website pages. Contact us if Client need clarification on this. Using the content management system Client are able to keep Client’s content up to date Client’s self, unless Client have commissioned Blu Print Web Design to manage Client’s website for Client.

Payment

Invoices will be provided by Blu Print Web Design upon completion before publishing/sending Client’s project. Invoices are normally sent via email. Invoices are due upon receipt. Accounts that remain unpaid 30 days after the date of the issued invoice or works carried out will be assessed, and will normally result in a £30 per month charge added to the final cost.

Additional expenses

Client agrees to reimburse Blu Print Web Design for any additional expenses necessary for the completion of the work for instance, special fonts, stock photography etc. Blu Print Web Design will however never make any purchases for specific projects without notifying client.

Web browsers

Blu Print Web Design will ensure websites are designed to be viewed by the majority of visitor and to work with commonly used browsers (e.g. Firefox, internet explorer, google chrome, etc.). Client agrees that Blu Print Web Design cannot guarantee correct functionality with all browser software across different operating systems. Blu Print Web Design cannot accept responsibility for web pages which do not display accurately in newer versions of browsers released after the website has been designed and authorised over to the client. Therefore, Blu Print Web Design reserves the right to make any other quote for any services that involve changing the website design or website code for it to work with updated browser software.

Default

Unpaid balance up to 30 days after the date of invoice will be considered as default. Blu Print Web Design web space, Blu Print Web Design will, at its discretion, remove all such material from its web space if a default is made on clients account. Blu Print Web Design is not responsible for any loss of data incurred due to the removal of the service. Any and all outstanding charges will be charged to the client’s account. Cheque returned for insufficient funds will be assessed a return charge of £25 and the client’s account will immediately be considered to be in default until full payment is received. All reasonable expenses, including legal fees and costs for collection by third-party agencies, incurred by Blu Print Web Design in enforcing these terms and conditions will be incurred by the client.

Cancellation

Cancellation of services must be requested and submitted in writing via certified mail with acknowledgement. The client will be invoiced for design work completed to the date of first notice of cancellation for payment in full within 30 days.

Indemnity

The client shall guarantee, guard against and hold harmless  all Blu Print Web Design, any current or former employees, shareholders, partners or any ownership interest and agents from and/or against any alleged claim, including, but not limited to third-party claims, demands, loss, damages and or expense, including any legal or attorney fees that may be in relation to:

A) any negligence, recklessness or any wilful misconduct of the indemnifying party or any other party under the direction or control of the indemnifying party;

B) any material breach of this agreement by the indemnifying party.

Copyright

The client retains the copyright to data, files and graphic logos provided by the client, and grants Blu Print Web Design the rights to publish and use such material. The client must obtain permission and rights to use any information or files that are copyrighted by a third party and further agrees to indemnify and hold harmless Blu Print Web Design from any and all claims resulting from the client’s negligence or inability to obtain proper copyright permissions. A request for website design and/or placement shall be regarded as a guarantee by the client to Blu Print Web Design that all such permissions and authorities have been obtained. Evidence of permissions and authorities may be asked to be provided.

Standard media delivery

Unless otherwise specified, it is assumed that any text will be provided by the client in electronic format (ascii text files delivered via e-mail or ftp) and that all photographs and other graphics will be provided in high quality print suitable for scanning or electronically in .gif, .jpeg, .png or .tiff format. Although every reasonable attempt shall be made by Blu Print Web Design to return to the client any images or printed material provided for use in creation of the client’s website, such return cannot be guaranteed.

Credits

The client also agrees that the website developed for the client may be presented in Blu Print Web Design’s portfolio. A link to Blu Print Web Design will be shown in either small type or a small graphic at the bottom of the client’s website.

Third-party server access

Blu Print Web Design must be allowed a temporal read/write access to the client’s storage directories which must be accessible via ftp if the client’s site is to be installed on a third-party server. Other resources might also need to be configured on the third-party server depending on the type of services required.

Post-service modifications

Blu Print Web Design will not be held liable for any post-service alterations caused by a third party on client’s pages once services are installed. Such alterations include, but are not limited to additions, modifications or deletions.

Domain names & hosting

On behalf of the client, Blu Print Web Design may purchase domain names & hosting however payment and further renewal of those domain names & hosting shall be the on the client. Blu Print Web Design will not otherwise be held liable for any loss, cancellation of the domain or hosting due to non or late payment. . The client shall endeavour to keep notice of the due dates for payment to ensure that payment is made in due time.

Entire agreement

This TOU contains the entire understanding between the parties and supersedes and cancels all prior agreements of the parties, whether oral or written, with respect to such subject matter.

Governing law

All questions with respect to the construction of this agreement and the rights, duties, obligations and liabilities of the parties shall be determined in accordance with the applicable provisions of the English laws.

Liability

To the fullest extent permitted by applicable law: (a) in no event shall Blu Print Web Design, or its counterpart be liable for any direct, special, indirect, or consequential damages, or any other damages of any kind, including but not limited to loss of use, loss of profits, or loss of data, whether in an action in contract, tort (including but not limited to negligence), or otherwise, arising out of or in any way connected with the use of or inability to use Blu Print Web Design services,

Severability

In the event that any court of enforcement authority determines that any provision of this agreement is unenforceable, the provision at issue shall be enforced to the maximum extent permitted by law, and all other provisions shall remain in full effect.