T’s & C’s

Introduction

These Terms and Conditions form the basis of an agreement between Buzz Website Solutions, and you, the customer.

 

By placing an order with Buzz Website Solutions you confirm that you are in agreement with and bound by the terms and conditions outlined below. Buzz Website Solutions reserves the right to amend these terms and conditions at any time.

 

Parties

(1) Buzz Website Solutions of Sycamore Trading Estate, Squires Gate Lane, Blackpool, FY4 3RL (Supplier).

(2) (Client).

(3) Authorisation. The Client, authorises Buzz Website Solutions, at Sycamore Trading Estate, Squires Gate Lane, Blackpool, FY4 3RL (herein referred to as the “The Company”) to develop a website for the client, at referred to as the “Client”) for the domain(s) . The Client authorises The Company to access Client’s web host server to upload and download files as needed from the Client directory for the purposes of creating a website. The Client authorises use of Client’s logo and all brand identification in the creation of the website. The Client also authorises The Company to submit Client’s site to search engines and to any other directories requested by the Client for marketing purposes. If necessary, the Client authorises The Company to purchase a domain, stock photography, and any other services or materials required for the express purpose of the creation of the Client’s website in accordance with paragraph 7 below. All website expenses may or may not be listed in this contract.

(4) Fees. Fees for website service are as priced in shop. Before The Company will begin work on the website, Client must sign and return this contract with the initial payment of half of the total estimate quoted below. A final bill will be mailed to the Client upon completion of the project.

(5) Our services:

(5.1) Web Design. The company will create a design, layout & functionality of your website. These will be sent to the client for review. Upon receipt of their feedback, we will revise the design until it meets with their approval.

The company owns these designs, and that you may not use them for any other purpose other than to review and provide feedback on our work.

For example, taking a design created and supplied by Buzz Website Solutions and using it to create a website independently of us, would be a breach of the copyright we hold on all our works. All text and images submitted must be free of copyright and Buzz Website Solutions accepts no responsibility for any infringement of copyright law arising from any text or images used on the clients site. • Expected completion time frame will only become valid once all instruction and content required to build the website has been received by Buzz Website Solutions. • Buzz Website Solutions reserves the right to refuse to handle in any way, material which may be deemed offensive, illegal or controversial. Upon completion of the website the customer will be notified via email. The customer will have a seven-day notice period whereby they may request any design or structural amendments to their website providing the customer’s requests fall within the parameters of the chosen package. In the instance that the customer does not respond with any design or structural amends within the seven-day period, the web design project will be considered as completed by Buzz Website Solutions. Once the web design project is deemed to be completed the clients final bill shall be invoiced. (5.2) Search Engine Optimisation. SEO services provided by Buzz Website Solutions will be based around selected key phrases. Key phrases shall be discussed and agreed upon by the customer at point of sale prior to any commencement of service. Our SEO packages are on a pay monthly basis of a rolling monthly contract for 4 months’ minimum as it takes time to come into effect. (5.3) Marketing (5.4) Web Hosting. Duration of contract / Account cancellation: Website hosting packages will renew every 12 months for the period of 12 months unless otherwise agreed. • Requests of account cancellation are to be sent in writing to email address Contact@buzzwebsitesolutions.co.uk and can only be accepted where there are no outstanding balances due on the account. • Account cancellation will be subject to a 30 day notice period and any balances due within this period will remain payable in full. • Account cancellation will result in the complete and immediate termination of hosting services. (6) Pay monthly websites: The Client understands and agrees that enlisting the services of Buzz Website Solutions to provide you with a website on a pay monthly basis of a rolling monthly contract for 12 months, for the price for the services shall be the amount set out at the point of sale and as such Buzz Website Solutions retains ownership and copyright of the design, underlying code and any bespoke assets created for your website project at all times If the client fails to pay Buzz Website Solutions on the due date the company may: – Suspend all Services until payment has been made in full. – If the customer’s account remains in debt for two consecutive months then a £50 late payment fee will be added to the customer’s outstanding balance. (6.1) Requests of account cancellation are to be sent in writing to email address Contact@buzzwebsitesolutions.co.uk and can only be accepted where there are no outstanding balances due on the account. (6.2) Account cancellation will result in the complete termination of the website and any affiliated services as provided by Buzz Website Solutions unless the customer has chosen to implement the website buy-out option for the price of a full website package. (6.2.1) What do both parties agree to do? The client to agree to provide us with everything that we will need to complete the project including text, images and other information, as and when we need it and in the format we ask for. You agree to review our work, provide feedback and approval in a timely manner. We will endeavour to meet all the deadlines set but we cannot be held responsible for a missed launch date or a deadline if you have been late in supplying materials, or have not approved or signed off on our work. We will respect and maintain the confidentiality of any information that you give us. (6.3) Domain Names. We offer a free 1-year (.co.uk) domain name of your choice (dependent upon availability) with each of our pay monthly packages. After the 1 year a fee will be required to renew the client’s domain name. This is optional and the price of your monthly package is unaffected by your election to use, or not to use, this service. (6.3.1) When we register a domain name of your choice for your website, we do this on your behalf. This means that you will own the domain name even if you decide to cancel your website with us. Should you cancel your website with us, you will be responsible for managing your domain name and agree that you will assume full responsibility for renewal deadlines and domain renewal payments. We will accept no responsibility for loss of a domain name due to a missed renewal deadline in this instance. (6.3.2) The company reserves the right to charge a release fee for domain names on occasion. An example of this would normally be where the client has failed to pay our fees prior to cancellation of their package. In this case, we reserve the right to charge a domain name release fee equal to the outstanding sum owed. (6.4) Web hosting. Our pay monthly website packages do not include web hosting this will be an additional fee. If you provide your own web hosting, you need to agree to give us access to the server whenever required, this in order is to upload, amend, maintain or remove your website. You also understand that we can in no way be responsible for the performance of that web server or any other features relating to it. However, if you do choose to use your own web hosting or server, we will ask you to agree on a 12-month contract period for our service. At the end of that contract period you will have the option to renew or cancel your package with us. You understand that we offer websites on a rental model – and as such the website will be removed from your servers in the event of a cancellation, and you agree that server access must be granted to Buzz Website Solutions to this end. (6.5) Technical support. There are times when sometimes things go wrong. For example, computers crash, hard drives fail and Internet connections go down. With that in mind we don’t make any guarantees regarding server uptime or the availability of your website to visitors at any one time. Our website runs on the same servers and technologies as yours; if your website is down, so is ours. Our web hosting service is based in the UK and has an excellent reliability record (99.99% uptime) with 24/7 support, 365 days a year. On the rare occasions where things do go wrong, we always work our hardest and fastest to get things up and running again. (7) Completion. The Company will submit final website to Client for approval in writing. The client must approve the website for launch in writing, either via email, fax, or postal mail. The term “launch” means:  the website may be submitted to search engines  the website will no longer hidden from search engines  the general public will be able to locate the site  the website may be announced via Buzz Website Solution’s social networking accounts  the website may be submitted to search engines Time required to make changes to website after The Company has already received final Client approval of the website will be added to the final bill or billed separately. If Client has already received the final bill, time required to make changes to website after Client approval will be submitted to Client as a separate bill. (8) Payment Terms. The Company will bill the client upon completion of website and invoice for the remaining balance before the website goes live. The Company accepts instalment payments until payment is received in full, The Company owns the website design and any files created for the website. Once The Company has received payment in full, the website ownership is transferred to the Client. Any deposits paid by Client will be credited against The Company’s fee. After all credits have been applied for Client’s deposit(s), payment for work done through the time of invoicing is due upon receipt of invoice. The Company is entitled to and will retain any funds it paid to subcontractors to assist in the project, from any refund of amounts prepaid to Client by the Company. (9) Refund policy. In the event that Buzz Website Solutions hasn’t commenced the customer’s order the customer may be entitled to a refund, in part or in full, of the first payment. In the event that Buzz Website Solutions has already commenced work, there will be no refund. In either event refund requests for the first payment will only be considered where the request has been made within seven days of the date of entering into this contract. All refund requests should be emailed to Contact@buzzwebsitesolutions.co.uk In the event that the customer instigates a chargeback with their bank which contradicts the agreed terms of service Buzz Website Solutions will apply a £85 administration charge. (10) Default in Payment. The Client shall assume responsibility for all collection of legal fees necessitated by default in payment. The Company reserves the right to remove The Client’s website and replace the site with a single page site, containing content at The Company’s discretion, should the Client default in payment. (11) Deadlines. The Company agrees to have Client’s website completed no later than ___________ . The parties agree that this deadline can be reached only if the Client has provided all necessary graphics, text content, and logins to The Company by ________ . The parties agree that the Company will provide dates for when content is due (“milestones”). For each milestone missed by the Client, the Company shall assess an additional fee of £65 for each milestone missed. The Company shall not be held responsible for delays to site development arising out of Client’s delays in providing graphics and text to The Company. If website is not completed by due to lack of Client assistance, The Company may: a) Extend the project deadline or b) Close the project and bill Client for work completed at £65 per hour, or c) The Company will create a website using all content that has been provided, and send a final bill for work completed to meet the project deadline. (12) Copyright. The Client represents that all website content including logos, trademarks, photos, illustrations, audio, video, and written content provided to The Company are owned by the Client, or the Client has received explicit written permission for use, and does not violate United Kingdom copyright law. Client has also received permission from all individuals photographed to be shown on the web. Each person in photos going online understands that their face will be seen on the Internet. Any names and contact information placed on the website also have been provided with consent from each individual. Client agrees to indemnify and hold Buzz Website Solutions harmless against all claims, including but not limited to claims of copyright or trademark infringement, violations of the rights of privacy or publicity or defamation, arising out of use of the work. (13) Ownership of Copyright. The Company acknowledges and agrees that the Client retains all rights to copyright in the subject material. (14) Ownership and Return of Artwork. All content created by The Company and/or his/her subcontractors for the Client are the property of the Client. Client hereby grants to The Company the right to use the work for demonstration of past work performed via portfolio or advertising. (15) Cancellation of Work. In the event of cancellation of this assignment, ownership of all copyrights and any original artwork shall be retained by the designer. By Client: Client may cancel work on the website at any time by submitting notice to The Company via certified mail. The Company will halt work upon receipt of certified letter from Client requesting cancellation. At that time, Client will be responsible for paying for all work completed prior to The Company’s receipt of cancellation request. Work completed shall be billed at an hourly rate of £65 per hour. If, at the time of request for refund, work has been completed beyond the amount of work paid for by the initial payment, the Client shall pay for work completed. By The Company: The Company reserves the right to refuse service and cancel a website project if necessary, in which case, the balance of the initial payment will be returned to Client after all applicable fees have been deducted for work completed. The Company may cancel project for any reason she deems necessary, including but not limited to Client not providing necessary information, text and graphics in a timely fashion to The Company. (16) Internet Access. Access to the internet will be provided by a separate Internet Service Provider (ISP) to be contracted by the Client and who will not be a party to this agreement. (17) Other Electronic Commerce Business Relationships. The Client understands that the web host, credit card processing services and any other businesses not owned by The Company are not parties to this contract and are separate business entities from The Company. The Client understands that The Company has no control over functionality or availability of website due to the actions or inaction of the web host server, credit card processing, online banking and any other business services the Client uses to transact business over the Internet outside of The Company. The Company makes no representations, warranties or guarantees for any recommendations of other Internet business partners. (18) Progress Reports. The Company shall contact or meet with the Client on a mutually acceptable schedule to report all tasks completed, problems, encountered, and recommended changes relating to the development and testing of the web site. The Company shall inform the Client promptly by telephone or email upon discovery of any event or problem that may significantly delay the development of the work. (19) The Company’s Guarantee for Program Use. The Company guarantees to notify the Client of any licensing and/or permissions required for art-generating/driving programs to be used. (20) Changes. The Client shall be responsible for making additional payments for changes in original assignment requested by the Client. However, no additional payment shall be made for changes required to conform to the original assignment description. (21) Testing and Acceptance Procedures. The Company will make every good-faith effort to test all elements of the web site thoroughly and make all necessary corrections as a result of such testing prior to handing over the deliverable s to the Client. Upon receipt of the web site, the Client shall either accept the web site and make the final payment set forth herein or provide The Company with written notice of any corrections to be made and a suggested date for completion, which should be mutually acceptable to both The Company and the Client. (22) Sole Agreement and Amendment. This contract constitutes the sole agreement between The Company and the Client and hereby voids any prior agreements, written or verbal. This agreement may be amended, in writing, by both parties at any time. (23) No Guarantees. The Company makes no representations or guarantee as to the amount of traffic to the Client’s site or interest generated in the Client’s site. The Company makes no representations and does not guarantee an increase in Client sales, nor does The Company promise top listing in any search engine or directory. The Company will use their best efforts to perform under the contract, and makes no representation or guarantee that the site will be accessible by all browser and operating systems. (24) Confidentiality. The Company understands that it will be working with confidential Client information and will only release this information to parties directly involved in website creation. Client authorizes designer to release information to third parties requiring access for site creation. This includes, but is not limited to, website and email address user ids and passwords, trade information, and banking information should the Client request online shopping. Upon website completion, Client will change any banking passwords The Company has had access to. If Client chooses not to retain Buzz Website Solutions for website maintenance, Client will change ftp, email, and any other passwords The Company has had access to. Client will hold The Company harmless should breach of security occur if Client has not changed business passwords. (25) Security. Buzz Website Solutions will make reasonable attempts to protect the integrity of the Client website. This includes patching any third party software, such as Content Management Systems, used on the Client’s site. However, as this software is not created by Buzz Website Solutions, the designer cannot be held responsible for security flaws by the software creators. As no software or server is 100% safe from security breach, the Client understands that the designer cannot be held accountable for all security breaches should they occur. Further, The Company is not held accountable for patching any software that has been installed to the site without The Company’s knowledge. The Company will make updates and changes to the site, and provide information regarding the website to the Client and up two of Client’s designees (herein referred to as the “points of contact”). Should any other employee or member of the Client’s organisation contact Buzz Website Solutions regarding the website, the designer will contact one or all of the three designated points of contact with the issue. Client shall notify The Company of Client’s designees in writing, and shall identify them by name, email address and phone number. Any email requesting changes to the site or information from the site that is not from a point of contact email on file will be referred to a current point of contact. Points of contact may be changed at any time during the maintenance of the site, provided notice is made to the designer in writing from a designated contact email. The Client will also provide an emergency contact and phone number should there be an emergency requiring input from the Client. For any website requiring a web login, including but not limited to Content Management Systems, blogs, wikis, forums and shopping carts, the Company recommends that the Client purchase a secure certificate and have it installed and current before the Company performs any work on the site. If the Client declines to purchase a secure certificate and have it installed before the Company begins work, Client agrees to indemnify and hold Company harmless against any and all claims, demands or causes of action arising out of any security breach occurring due to the absence of a security certificate. The Company also recommends that the Client log into Client’s site(s) using only a secure connection (26) Accessibility, Usability, Cross-Platform Issues. The Company will do its best to make sites as accessible, useable, and cross-platform as possible. Client understands that some site features will cause a website to not meet these standards 100%. The Client understands that no website will look and function identically with all browsers and operating systems and that any attempt to do so is futile. Client will be informed if features requested by the Client will negatively impact website accessibility, usability, and cross-platform use. Client agrees to indemnify and hold Buzz Website Solutions harmless against all claims with regard to these matters. Buzz Website Solutions, no longer develops for Internet Explorer version 6 unless it is specifically requested by the client, or it is clear to Buzz Website Solutions that the Client’s target audience uses that browser. Buzz Website Solutions, charges an extra 50% of its hourly rate to make a site compatible (in terms of look and functionality) with Internet Explorer 6 and may be considered out-of-scope work if not requested in the original estimate. (27) Continuing Website Maintenance and Promotion. No agreement for continuing website maintenance and promotion is contained in this contract. No website maintenance or promotion will be performed by designer unless all parties reach an agreement to do so and all parties sign a website maintenance or website promotion agreement. The undersigned agrees to these terms on behalf of his or her organisation or business. The undersigned represents that he/she is fully authorised to sign this agreement on behalf of the organisation or business represented, and that the business entity represented is bound by this agreement. (28) Unauthorised Use and Program License. The Client will indemnify The Company against all claims and expenses arising from uses for which the Client does not have rights to or authority to use. The Client will be responsible for payment of any special licensing or royalty fees resulting from the use of graphics programs that require such payments. (29) Limitation of Liability. Client agrees that it shall not hold the Company or its agents or employees liable for any incidental or consequential damages that arise from the Company’s failure to perform any aspect of the work in a timely manner, regardless of whether such failure was caused by intentional or negligent acts or omissions of the Company or a third party. Furthermore, The Company disclaims all implied warranties, including the warranty of merchant ability and fitness for a particular use. CLIENT EXPRESSLY AGREES THAT IT WILL HOLD THE COMPANY HARMLESS FOR ALL LIABILITY CAUSED BY THE CLIENT’S USE OF THE COMPANY’S PRODUCT TO THE EXTENT SUCH USE INFRINGES ON THE RIGHTS OF OTHERS (30) Warranty of Originality. The Company warrants and represents that, to the best of her knowledge, the design work assigned here under is original and has not been previously published, or that consent to use has been obtained on an unlimited basis; that all work or portions thereof obtained through the undersigned from third parties is original or, if previously published, that consent to use has been obtained on an unlimited basis; that The Company has full authority to make this agreement; and that the work prepared by The Company does not contain any scandalous, libellous, or unlawful matter. This warranty does not extend to any uses that the Client or others may make of The Company’s product that may infringe on the rights of others. CLIENT EXPRESSLY AGREES THAT IT WILL HOLD THE COMPANY HARMLESS FOR ALL LIABILITY CAUSED BY THE CLIENT’S USE OF THE COMPANY’S PRODUCT TO THE EXTENT SUCH USE INFRINGES ON THE RIGHTS OF OTHERS. (31) Acceptance of Terms. The signature of both parties shall evidence acceptance of these terms. (32) General Matters. Any copy or facsimile of this country is as valid as the original contract. No provision of this Agreement may be waived, except by an agreement in writing by the waiving party. A waiver of any term or provision shall not be construed as a waiver of any other provision. This Agreement shall be binding upon the parties, their successors, and assigns. This Agreement may be amended, altered, or revoked at any time, in whole or in part, by the written agreement of the parties hereto. Throughout this Agreement, the singular shall include the plural, the plural shall include the singular, and the masculine and neuter shall include the feminine, wherever the context so requires. The headings of Paragraphs are included solely for convenience of reference. If any conflict between the headings and the text of this Agreement exists, the text will control. If any provision of this Agreement is declared by a court of competent jurisdiction to be invalid for any reason, such invalidity shall not affect any other provision of this Agreement. On the contrary, such remaining provisions shall be fully severable, and this Agreement shall be construed and enforced as if such invalid provision had never been inserted in this Agreement. Any notice required to be in writing under this Agreement shall either be sent by certified mail, return receipt requested, or by personal delivery, or by fax, or by email and shall be considered as received from the party delivering such notice as of the date of the signing of the return receipt in the case of certified mail or upon the date of the signing of a receipt upon delivery in the case of personal delivery. The undersigned agrees to these terms on behalf of his or her organisation or business. The undersigned represents that he/she is fully authorized to sign this agreement on behalf of the organisation or business represented, and that the business entity represented is bound by this agreement.

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