The following terms and conditions apply to all services, including website development and design services, (the Services) provided by BVSWebDesign to the Client, in conjunction with any relevant quotation provided to the Client by BVSWebDesign (Terms), unless otherwise agreed in writing. Acceptance of a quote, purchase and/or use of the Services shall be considered acceptance of the Terms.
Charges for the Services are defined in the project quotation that the Client receives from BVSWebDesign via email. Quotations are valid for a period of 30 days. BVSWebDesign reserves the right to alter a quotation or decline to provide the relevant Services after expiry of the 30 days.
Unless agreed otherwise with the Client, all website design services require an advance payment of a minimum of fifty (50) percent of the project quotation total before the work commences, with the remaining percentage of the project quotation total due upon completion of the work, prior to upload to the server or release of materials.
The Client agrees to reimburse BVSWebDesign for any additional expenses necessary for the completion of the work. Expenses may include (but are not limited to) purchase of domain names, special fonts and stock photography.
All Charges are exclusive of VAT.
Invoicing and payment
BVSWebDesign shall submit invoices in line with the timescales above. Invoices are normally sent via email, but hard copy invoices are available on request. For web design and development work payment is due on receipt of the invoice by the Client. For monthly subscription services (maintainence, hosting), invoices are due to be paid by the 1st of the month to cover services for the following month.
Payment to be made by direct bank transfer to the details given on the invoice.
If the Client fails to make any payment due to BVSWebDesign by the due date for payment, then, without limiting BVSWebDesign’s remedies under or in connection with these terms and conditions, the Client shall pay interest on the overdue amount at the rate of 4% per annum above the Bank of England’s base rate from time to time. Such interest shall accrue on a daily basis from the due date until actual payment of the overdue amount, whether before or after judgment. The Client shall pay the interest together with the overdue amount.
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 BVSWebDesign’s web space, BVSWebDesign will, at its discretion, remove all such material from its web space. BVSWebDesign 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. Cheques 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. Clients with accounts in default agree to pay BVSWebDesign reasonable expenses, including legal fees and costs for collection by third-party agencies, incurred by BVSWebDesign in enforcing these Terms.
BVSWebDesign 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 BVSWebDesign otherwise within ten (10) days of the date the materials are made available to the Client. The Client will be given one revision opportunity per Client Review. Further Client Reviews will be subject to a further charge. For example, 1 Client Review with 100 changes in acceptable, 2 or more Client Reviews with 1 change in each will see a charge for the second (and each subsequent) review. For any clarification on this point, please email firstname.lastname@example.org
Turnaround Time and Content Control
BVSWebDesign will install and publicly post or supply the Client’s website by the date specified in the project proposal, or at the date agreed with Client upon BVSWebDesign receiving initial payment, unless a delay is specifically requested by the Client and agreed by BVSWebDesign.
In return, the Client agrees to provide BVSWebDesign promptly with all necessary co-operation, information, materials and data, access to staff and timely decision-making which may be reasonably required by BVSWebDesign for the performance of the Services. This shall include the Client delegating a single individual as a primary contact to aid BVSWebDesign with progressing the commission in a satisfactory and expedient manner.
During the project, BVSWebDesign will require the Client to provide website content; text, images, movies and sound files, along with any relevant background information.
Failure to provide required website content
BVSWebDesign is a small business, and to remain efficient we must ensure that work we have programmed is carried out at the scheduled time. On occasions we may have to reject offers for other work and enquiries to ensure that your work is completed at the time arranged.
If the Client agrees to provide us with the required information and subsequently fail to do within one week of project commencement we reserve the right to close the project and the balance remaining becomes payable immediately. Simply put, do not give us the go ahead to start until you are ready to do so.
NOTE: Text content must 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 your website. These pages must have the same titles as the agreed website pages. Contact us if you need clarification on this
Design Credit and Marketing
A link to BVSWebDesign 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 20% of the total development charges will be applied. When total development charges are less than £2000, a fixed fee of £200 will be applie
The Client agrees that the website developed for the Client may be presented in BVSWebDesign’s portfolio, and hereby grants BVSWebDesign a worldwide, perpetual, non-exclusive licence to use its name, logo and branding for advertising, marketing and promotional activities.
BVSWebDesign 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 BVSWebDesign cannot guarantee correct functionality with all browser software across different operating systems.
If you require support for Internet Explorer, this must be stipulated at the start of the proposal.
BVSWebDesign 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, BVSWebDesign 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 of services by the Client must be requested in a written notice and will be effective on receipt of such notice. Email or telephone requests for termination of services will not be honoured until and unless confirmed in writing. The Client will be invoiced for work completed (including any expenses incurred, as outlined in clause 1) to the date of first notice of cancellation for payment in full within thirty (30) days.
All BVSWebDesign services may be used for lawful purposes only. The Client agrees to indemnify and hold harmless BVSWebDesign against all damages, losses and expenses arising as a result of any and all actions or claims resulting from the Client’s use of BVSWebDesign’s service.
Third Party Servers
BVSWebDesign designs and tests websites to work on its own servers, and cannot guarantee correct functionality if the Client wishes to use a third-party server. In the event that the Client is using a third-party server, it is the responsibility of the Client and any third party host to ensure that the server is compatible with the website. BVSWebDesign will assist the Client to configure the server if this is required. However, this may be subject to additional charges.
If the Client’s website is to be installed on a third-party server, BVSWebDesign must be granted temporary read/write access to the Client’s storage directories which must be accessible via FTP. Depending on the specific nature of the project, other resources might also need to be configured on the server
BVSWebDesign can accept no responsibility for any adverse effects caused by alterations made by any third parties after the website or application has been handed over.