By accepting a quotation or placing an order with bluegray Web Design, you confirm that you are in agreement with and bound by the terms and conditions as stated below. bluegray WD reserves the right to change or amend these conditions at own discretion at any time without notice.
Definitions:
The client: The company or individual requesting the services of bluegray WD.
bluegray WD: Primary designer/site owner & employees or affiliates.
General
bluegray WD will carry out work only where an agreement is provided either by email, telephone, mail or fax. bluegray WD will carry out work only for clients who are 18 years of age or above. An 'order' is deemed to be a written or verbal contract between bluegray WD and the client, this includes telephone and email agreements.
Website Design
The website, graphics and any programming code, HTML, XHTML or CSS remain the property of bluegray WD until all outstanding accounts are paid in full.
Any scripts, CGI applications, Python scripts, PHP scripts, or software (unless specifically agreed) written by bluegray WD remain the copyright of bluegray WD and may only be commercially reproduced or resold with the written permission of bluegray WD.
bluegray WD cannot take responsibility for any copyright infringements caused by materials submitted by the client. We reserve the right to refuse any material of a copyrighted nature unless adequate proof is given of permission to use such material.
Any additions to briefs provided will be carried out at the discretion of bluegray WD and where no charge is made by bluegray WD for such additions, bluegray WD accept no responsibility to ensure such additions are error free and reserve the right to charge an according amount for any correction to these or further additions.
The client agrees to make all materials required to complete the site to the agreed standard and within the set deadline available to bluegray WD as soon as is reasonably possible.
bluegray WD will not be liable for costs incurred, compensation or loss of earnings due to the failure to meet agreed deadlines.
bluegray WD will not be liable or become involved in any disputes between the site owner, their clients or any other third party and cannot be held responsible for any wrongdoing on the part of a site owner. E.g. Any disputes re content/images that have been provided to us for inclusion on the site.
bluegray WD will not be liable for any costs incurred, compensation or loss of earnings due to the work carried out on behalf of the client or any of the clients appointed agents.
bluegray WD will not be liable for any costs incurred, compensation or loss of earnings due to the unavailability of the site, its servers, software or any material provided by its agents.
A deposit of 50% is required for all projects before any work will be carried out.
Once a website has been designed and completed the final balance of payment is then due in accordance with our payment terms. There are no exceptions to this. I.e. If the client decides they no longer want the site, as they have commissioned the work and paid a deposit they are still obliged to pay for the work that has been done. Non payment will result in legal action being taken if necessary.
Whilst every endeavor will be made to ensure that the website and any scripts or programs are free of errors, bluegray WD cannot accept responsibility for any losses incurred due to malfunction, the website or any part of it.
Database, Application and E-Commerce Development
bluegray WD cannot take responsibility for any losses incurred by the use of any software created for the client. Whilst every care has been taken to ensure products are problem free and accurate, the ultimate responsibility lies with the client in ensuring that all software is functioning correctly before use.
Any scripts, applications or software (unless specifically agreed) written by bluegray WD remain the copyright of bluegray WD and may only be commercially reproduced or resold with the permission of bluegray WD.
Where applications or sites are developed on servers not recommended by bluegray WD, the client is expected to provide or seek any information, additional software, support or co-operation pertaining to the server required in order for the application to be correctly developed. Where large applications are to be developed, it is the clients’ responsibility to provide a suitable testing environment which is identical to the final production environment.
The client is expected to test fully any application or programming relating to a site developed by bluegray WD before being made generally available for use. Where "bugs", errors or other issues are found after the site is live, bluegray WD will endeavor (but is not obliged to) to correct these issues to meet the standards of function outlined in the brief.
Compatibility
bluegray WD will endeavor to ensure that any developed/designed site or application will function correctly on the server it is initially installed in and that it will function correctly when viewed with a standard compliant web browser. bluegray WD can offer no guarantees of correct function with all browser software.
Website Hosting
Whilst bluegray WD can arrange hosting of your website, no guarantees can be made as to the availability or interruption of this service. bluegray WD cannot accept liability for losses caused by the unavailability, malfunction or interruption of these services, or for loss of turnover, sales, revenue, profits or indirect, consequential or special loss.
bluegray WD reserve the right to refuse to handle in any way, material which may be deemed offensive, illegal or in any way controversial, and also to terminate the hosting service should the necessity arise.
Search Engine Optimisation
No guarantees will be given as to a client's website position in the search engines as the search engines change their ranking algorithms on a regular basis. Additionally, both new sites and competitor sites may be optimised and submitted every day.
SEO work carried out by bluegray WD aims to increase visibility and ranking, but it is not possible to give a 100% guarantee for any specific result on any search engine, nor can bluegray WD quantify the level of increased traffic or sales, as a result of any SEO campaign.
Payment of Accounts
A 50% deposit is required before any work will be carried out for large projects. Any outstanding accounts are required to be paid in full, no later than 30 days from the date of the invoice unless prior arrangements have been made with bluegray WD.
Once a deposit is paid and work completed you are obliged to pay the balance of payment in full. We will contact clients via email and telephone to remind them of such payments if they are not received when due.
Hosting fees are prepaid and are due before the hosting period starts. Any other payments for maintenance work or any other services, are due as indicated on the invoice.
If accounts are not settled or bluegray WD have not been contacted regarding the delay, access to the related website may be denied and web pages removed, we will then take appropriate action i.e. pass such cases to the Small Claims Court or take required steps to pursue payment and report non paying clients.
Following consistent non payment of an invoice bluegray WD reserves the right to terminate any prior agreements. Any outstanding payments will remain the responsibility of the client and further legal actions will be taken if necessary.
Complaints Procedure
Informal procedure
Anyone who experiences a problem with their web service provided by bluegray WD should raise the matter directly, giving sufficient information to locate the material (such as an url) and clearly outlining the grounds for complaint.
bluegray WD will approach the individual responsible for the material in question with a view to resolving the matter to the satisfaction of the complainant.
Formal complaints procedure
The formal complaints procedure should only be used where the complainant feels that the nature of the complaint is too serious to be dealt with informally, or where a satisfactory conclusion has not been reached after following the informal procedure.
A formal complaint should be made in writing to bluegray WD, who will acknowledge receipt and ensure that the matter is looked into as soon as possible.
An initial response to any complaint can be expected within seven days of its receipt; a full and considered response to the complaint should be completed within 30 days and any subsequent remedy implemented with the minimum of delay.